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  <VOL>78</VOL>
  <NO>9</NO>
  <DATE>Monday, January 14, 2013</DATE>
  <UNITNAME>Contents</UNITNAME>
  <CNTNTS>
    <AGCY>
      <EAR>Agriculture</EAR>
      <PRTPAGE P="iii"/>
      <HD>Agriculture Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Forest Service</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Grain Inspection, Packers and Stockyards Administration</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>Census Bureau</EAR>
      <HD>Census Bureau</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
        <SJDENT>
          <SJDOC>Construction Progress Reporting Survey,</SJDOC>
          <PGS>2656-2657</PGS>
          <FRDOCBP D="1" T="14JAN1.sgm">2013-00550</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Coast Guard</EAR>
      <HD>Coast Guard</HD>
      <CAT>
        <HD>RULES</HD>
        <SJ>Safety Zones:</SJ>
        <SJDENT>
          <SJDOC>Bridge Demolition Project; Indiana Harbor Canal, East Chicago, IN,</SJDOC>
          <PGS>2616-2618</PGS>
          <FRDOCBP D="2" T="14JAR1.sgm">2013-00514</FRDOCBP>
        </SJDENT>
      </CAT>
      <CAT>
        <HD>PROPOSED RULES</HD>
        <SJ>Safety Zones:</SJ>
        <SJDENT>
          <SJDOC>Atlantic Intracoastal Waterway; Wrightsville Beach, NC,</SJDOC>
          <PGS>2650-2653</PGS>
          <FRDOCBP D="3" T="14JAP1.sgm">2013-00513</FRDOCBP>
        </SJDENT>
      </CAT>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>International Standards:</SJ>
        <SJDENT>
          <SJDOC>Carriage Standards for Bridge Navigational Watch Alarm Systems Aboard U.S. Flagged Vessels,</SJDOC>
          <PGS>2683-2684</PGS>
          <FRDOCBP D="1" T="14JAN1.sgm">2013-00512</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Commerce</EAR>
      <HD>Commerce Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Census Bureau</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Foreign-Trade Zones Board</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>International Trade Administration</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>National Oceanic and Atmospheric Administration</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>National Telecommunications and Information Administration</P>
      </SEE>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals,</DOC>
          <PGS>2655-2656</PGS>
          <FRDOCBP D="1" T="14JAN1.sgm">2013-00568</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Commodity Futures</EAR>
      <HD>Commodity Futures Trading Commission</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals,</DOC>
          <PGS>2661-2662</PGS>
          <FRDOCBP D="1" T="14JAN1.sgm">2013-00521</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Comptroller</EAR>
      <HD>Comptroller of the Currency</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals,</DOC>
          <PGS>2719-2721</PGS>
          <FRDOCBP D="1" T="14JAN1.sgm">2013-00530</FRDOCBP>
          <FRDOCBP D="1" T="14JAN1.sgm">2013-00531</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Consumer Product</EAR>
      <HD>Consumer Product Safety Commission</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
        <SJDENT>
          <SJDOC>Safety Standard for Cigarette Lighters,</SJDOC>
          <PGS>2662-2664</PGS>
          <FRDOCBP D="2" T="14JAN1.sgm">2013-00522</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Copyright Royalty Board</EAR>
      <HD>Copyright Royalty Board</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Intent to Audit:</SJ>
        <SJDENT>
          <SJDOC>Last.fm, Ltd.,</SJDOC>
          <PGS>2694</PGS>
          <FRDOCBP D="0" T="14JAN1.sgm">2013-00541</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Drug</EAR>
      <HD>Drug Enforcement Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
        <SJDENT>
          <SJDOC>Collection of Laboratory Analysis Data on Drug Samples Tested by Non-Federal Crime Laboratories,</SJDOC>
          <PGS>2693</PGS>
          <FRDOCBP D="0" T="14JAN1.sgm">2013-00488</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Education Department</EAR>
      <HD>Education Department</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Applications for New Awards:</SJ>
        <SJDENT>
          <SJDOC>National Institute on Disability and Rehabilitation Research, etc.,</SJDOC>
          <PGS>2664-2669</PGS>
          <FRDOCBP D="5" T="14JAN1.sgm">2013-00569</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Environmental Protection</EAR>
      <HD>Environmental Protection Agency</HD>
      <CAT>
        <HD>PROPOSED RULES</HD>
        <SJ>Approvals and Promulgations of Implementation Plans:</SJ>
        <SJDENT>
          <SJDOC>Georgia; New Source Review—Prevention of Significant Deterioration,</SJDOC>
          <PGS>2872-2878</PGS>
          <FRDOCBP D="6" T="14JAP4.sgm">2013-00581</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Georgia; New Source Review—Prevention of Significant Deterioration; Withdrawal,</SJDOC>
          <PGS>2878</PGS>
          <FRDOCBP D="0" T="14JAP4.sgm">2013-00582</FRDOCBP>
        </SJDENT>
      </CAT>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Inquiry to Learn Whether Businesses Assert Business Confidentiality Claims Regarding Waste Import and Export,</DOC>
          <PGS>2669-2672</PGS>
          <FRDOCBP D="3" T="14JAN1.sgm">2013-00575</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Export Import</EAR>
      <HD>Export-Import Bank</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Applications:</SJ>
        <SJDENT>
          <SJDOC>Long-Term Loan or Financial Guarantee in Excess of $100 million,</SJDOC>
          <PGS>2672-2673</PGS>
          <FRDOCBP D="0" T="14JAN1.sgm">2013-00534</FRDOCBP>
          <FRDOCBP D="0" T="14JAN1.sgm">2013-00537</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Farm Credit</EAR>
      <HD>Farm Credit Administration</HD>
      <CAT>
        <HD>RULES</HD>
        <SJ>Funding and Fiscal Affairs, Loan Policies and Operations, and Funding Operations:</SJ>
        <SJDENT>
          <SJDOC>Investment Management; Effective Date,</SJDOC>
          <PGS>2615</PGS>
          <FRDOCBP D="0" T="14JAR1.sgm">2013-00551</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Accounting</EAR>
      <HD>Federal Accounting Standards Advisory Board</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Federal Financial Accounting Standards 44,</DOC>
          <PGS>2673</PGS>
          <FRDOCBP D="0" T="14JAN1.sgm">2013-00571</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Aviation</EAR>
      <HD>Federal Aviation Administration</HD>
      <CAT>
        <HD>RULES</HD>
        <SJ>Airworthiness Directives:</SJ>
        <SJDENT>
          <SJDOC>Lycoming Engines and Continental Motors, Inc. Reciprocating Engines; Correction,</SJDOC>
          <PGS>2615-2616</PGS>
          <FRDOCBP D="1" T="14JAR1.sgm">2013-00525</FRDOCBP>
        </SJDENT>
      </CAT>
      <CAT>
        <HD>PROPOSED RULES</HD>
        <SJ>Airworthiness Directives:</SJ>
        <SJDENT>
          <SJDOC>CFM International, S. A. Turbofan Engines,</SJDOC>
          <PGS>2644-2646</PGS>
          <FRDOCBP D="2" T="14JAP1.sgm">2013-00529</FRDOCBP>
        </SJDENT>
        <SJ>Modifications of Class B Airspace:</SJ>
        <SJDENT>
          <SJDOC>Las Vegas, NV,</SJDOC>
          <PGS>2646-2647</PGS>
          <FRDOCBP D="1" T="14JAP1.sgm">2013-00646</FRDOCBP>
        </SJDENT>
      </CAT>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Air Traffic Procedures Advisory Committee,</SJDOC>
          <PGS>2711</PGS>
          <FRDOCBP D="0" T="14JAN1.sgm">2013-00650</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Communications</EAR>
      <HD>Federal Communications Commission</HD>
      <CAT>
        <HD>PROPOSED RULES</HD>
        <DOCENT>
          <DOC>Hearing Aid Compatibility,</DOC>
          <PGS>2653-2654</PGS>
          <FRDOCBP D="1" T="14JAP1.sgm">2013-00552</FRDOCBP>
        </DOCENT>
      </CAT>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals,</DOC>
          <PGS>2673-2675</PGS>
          <FRDOCBP D="1" T="14JAN1.sgm">2013-00554</FRDOCBP>
          <FRDOCBP D="1" T="14JAN1.sgm">2013-00555</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Emergency</EAR>
      <HD>Federal Emergency Management Agency</HD>
      <CAT>
        <HD>RULES</HD>
        <DOCENT>
          <DOC>Suspension of Community Eligibility,</DOC>
          <PGS>2622-2626</PGS>
          <FRDOCBP D="2" T="14JAR1.sgm">2013-00502</FRDOCBP>
          <FRDOCBP D="2" T="14JAR1.sgm">2013-00526</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Motor</EAR>
      <HD>Federal Motor Carrier Safety Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Hours of Service of Drivers; Applications for Exemptions:</SJ>
        <SJDENT>
          <SJDOC>Department of Energy,</SJDOC>
          <PGS>2711-2713</PGS>
          <FRDOCBP D="2" T="14JAN1.sgm">2013-00510</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Railroad</EAR>
      <PRTPAGE P="iv"/>
      <HD>Federal Railroad Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Update to NEPA Implementing Procedures,</DOC>
          <PGS>2713-2718</PGS>
          <FRDOCBP D="5" T="14JAN1.sgm">2013-00561</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Trade</EAR>
      <HD>Federal Trade Commission</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Revised Jurisdictional Thresholds of the Clayton Act,</DOC>
          <PGS>2675</PGS>
          <FRDOCBP D="0" T="14JAN1.sgm">2013-00482</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Food and Drug</EAR>
      <HD>Food and Drug Administration</HD>
      <CAT>
        <HD>PROPOSED RULES</HD>
        <SJ>Dental Devices:</SJ>
        <SJDENT>
          <SJDOC>Reclassification of Blade-Form Endosseous Dental Implant,</SJDOC>
          <PGS>2647-2650</PGS>
          <FRDOCBP D="3" T="14JAP1.sgm">2013-00388</FRDOCBP>
        </SJDENT>
      </CAT>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Draft Guidances for Industry:</SJ>
        <SJDENT>
          <SJDOC>Abuse-Deterrent Opioids—Evaluation and Labeling,</SJDOC>
          <PGS>2676-2677</PGS>
          <FRDOCBP D="1" T="14JAN1.sgm">2013-00474</FRDOCBP>
        </SJDENT>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Blood Products Advisory Committee,</SJDOC>
          <PGS>2677</PGS>
          <FRDOCBP D="0" T="14JAN1.sgm">2013-00491</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Reproductive Health Drugs and the Drug Safety and Risk Management Advisory Committees,</SJDOC>
          <PGS>2677-2678</PGS>
          <FRDOCBP D="1" T="14JAN1.sgm">2013-00507</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Foreign Assets</EAR>
      <HD>Foreign Assets Control Office</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Blocking or Unblocking of Persons and Property:</SJ>
        <SJDENT>
          <SJDOC>Designation of Entities Contributing to the Conflict in the Democratic Republic of Congo,</SJDOC>
          <PGS>2721-2722</PGS>
          <FRDOCBP D="1" T="14JAN1.sgm">2013-00549</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Designation of Individuals Contributing to the Conflict in the Democratic Republic of Congo,</SJDOC>
          <PGS>2722</PGS>
          <FRDOCBP D="0" T="14JAN1.sgm">2013-00547</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Foreign Trade</EAR>
      <HD>Foreign-Trade Zones Board</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Applications for Additional Subzone Sites:</SJ>
        <SJDENT>
          <SJDOC>TTI, Inc., Foreign-Trade Zone 196, Fort Worth, TX,</SJDOC>
          <PGS>2657</PGS>
          <FRDOCBP D="0" T="14JAN1.sgm">2013-00584</FRDOCBP>
        </SJDENT>
        <SJ>Applications for Manufacturing Authority:</SJ>
        <SJDENT>
          <SJDOC>Firth Rixson, Inc. d/b/a Firth Rixson Monroe, Foreign-Trade Zone 141, Rochester, NY,</SJDOC>
          <PGS>2657-2658</PGS>
          <FRDOCBP D="1" T="14JAN1.sgm">2013-00587</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>Uinta-Wasatch-Cache National Forest; Utah; Ogden Travel Plan Project,</SJDOC>
          <PGS>2655</PGS>
          <FRDOCBP D="0" T="14JAN1.sgm">2013-00565</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Grain Inspection</EAR>
      <HD>Grain Inspection, Packers and Stockyards Administration</HD>
      <CAT>
        <HD>PROPOSED RULES</HD>
        <DOCENT>
          <DOC>Fees for Official Inspection and Official Weighing Services under United States Grain Standards Act,</DOC>
          <PGS>2627-2644</PGS>
          <FRDOCBP D="17" T="14JAP1.sgm">2013-00455</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Health and Human</EAR>
      <HD>Health and Human Services Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Food and Drug Administration</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>National Institutes of Health</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Substance Abuse and Mental Health Services Administration</P>
      </SEE>
      <CAT>
        <HD>RULES</HD>
        <DOCENT>
          <DOC>Self-Contained Breathing Apparatus Remaining Service-Life Indicator Performance Requirements,</DOC>
          <PGS>2618-2622</PGS>
          <FRDOCBP D="4" T="14JAR1.sgm">2013-00371</FRDOCBP>
        </DOCENT>
      </CAT>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Mandatory Guidelines for Federal Workplace Drug Testing Programs,</DOC>
          <PGS>2675-2676</PGS>
          <FRDOCBP D="1" T="14JAN1.sgm">2013-00476</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Homeland</EAR>
      <HD>Homeland Security Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Coast Guard</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Federal Emergency Management Agency</P>
      </SEE>
    </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>Annual Progress Report for the Competitive Homeless Assistance Programs,</SJDOC>
          <PGS>2684-2685</PGS>
          <FRDOCBP D="1" T="14JAN1.sgm">2013-00564</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Indian Affairs</EAR>
      <HD>Indian Affairs Bureau</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Environmental Impact Statements; Availability, etc.:</SJ>
        <SJDENT>
          <SJDOC>Navajo Nation Integrated Weed Management Plan within Counties in Arizona, New Mexico, and Utah,</SJDOC>
          <PGS>2685-2686</PGS>
          <FRDOCBP D="1" T="14JAN1.sgm">2013-00527</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Interior</EAR>
      <HD>Interior Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Indian Affairs Bureau</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>National Park Service</P>
      </SEE>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Environmental Impact Statements; Availability, etc.:</SJ>
        <SJDENT>
          <SJDOC>Central Utah Project Completion Act; East Hobble Creek Restoration Project,</SJDOC>
          <PGS>2685</PGS>
          <FRDOCBP D="0" T="14JAN1.sgm">2013-00656</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Internal Revenue</EAR>
      <HD>Internal Revenue Service</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals,</DOC>
          <PGS>2722-2723</PGS>
          <FRDOCBP D="1" T="14JAN1.sgm">2013-00494</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>International Trade Adm</EAR>
      <HD>International Trade Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.:</SJ>
        <SJDENT>
          <SJDOC>Carbon and Certain Alloy Steel Wire Rod from Mexico,</SJDOC>
          <PGS>2658-2659</PGS>
          <FRDOCBP D="1" T="14JAN1.sgm">2013-00583</FRDOCBP>
        </SJDENT>
        <DOCENT>
          <DOC>Applications for Duty-Free Entry of Scientific Instruments,</DOC>
          <PGS>2659</PGS>
          <FRDOCBP D="0" T="14JAN1.sgm">2013-00586</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>International Trade Com</EAR>
      <HD>International Trade Commission</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Investigations:</SJ>
        <SJDENT>
          <SJDOC>Digital Trade in U.S. and Global Economies, Part I; Public Hearing,</SJDOC>
          <PGS>2690-2691</PGS>
          <FRDOCBP D="1" T="14JAN1.sgm">2013-00506</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Justice Department</EAR>
      <HD>Justice Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Drug Enforcement Administration</P>
      </SEE>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
        <SJDENT>
          <SJDOC>Bureau of Justice Assistance Application Form:  Southwest Border Prosecution Initiative,</SJDOC>
          <PGS>2692-2693</PGS>
          <FRDOCBP D="1" T="14JAN1.sgm">2013-00490</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>COPS Comparative Assessment of Cost Reduction by Agencies Survey,</SJDOC>
          <PGS>2692</PGS>
          <FRDOCBP D="0" T="14JAN1.sgm">2013-00489</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Library</EAR>
      <HD>Library of Congress</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Copyright Royalty Board</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>National Highway</EAR>
      <HD>National Highway Traffic Safety Administration</HD>
      <CAT>
        <HD>PROPOSED RULES</HD>
        <SJ>Environmental Assessments; Availability, etc.:</SJ>
        <SJDENT>
          <SJDOC>Minimum Sound Requirements for Hybrid and Electric Vehicles,</SJDOC>
          <PGS>2868-2869</PGS>
          <FRDOCBP D="1" T="14JAP3.sgm">2013-00361</FRDOCBP>
        </SJDENT>
        <SJ>Federal Motor Vehicle Safety Standards:</SJ>
        <SJDENT>
          <SJDOC>Minimum Sound Requirements for Hybrid and Electric Vehicles,</SJDOC>
          <PGS>2798-2868</PGS>
          <FRDOCBP D="70" T="14JAP3.sgm">2013-00359</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>National Institute</EAR>
      <PRTPAGE P="v"/>
      <HD>National Institutes of Health</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
        <SJDENT>
          <SJDOC>National Cancer Institute SmokefreeTXT (Text Message) Program Evaluation,</SJDOC>
          <PGS>2678-2679</PGS>
          <FRDOCBP D="1" T="14JAN1.sgm">2013-00572</FRDOCBP>
        </SJDENT>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Center for Scientific Review,</SJDOC>
          <PGS>2679-2682</PGS>
          <FRDOCBP D="1" T="14JAN1.sgm">2013-00499</FRDOCBP>
          <FRDOCBP D="1" T="14JAN1.sgm">2013-00500</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>National Cancer Institute,</SJDOC>
          <PGS>2680-2682</PGS>
          <FRDOCBP D="0" T="14JAN1.sgm">2013-00497</FRDOCBP>
          <FRDOCBP D="1" T="14JAN1.sgm">2013-00498</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>National Heart, Lung, and Blood Institute,</SJDOC>
          <PGS>2680</PGS>
          <FRDOCBP D="0" T="14JAN1.sgm">2013-00496</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>National Oceanic</EAR>
      <HD>National Oceanic and Atmospheric Administration</HD>
      <CAT>
        <HD>PROPOSED RULES</HD>
        <SJ>Endangered and Threatened Species; Designation of Critical Habitat:</SJ>
        <SJDENT>
          <SJDOC>Lower Columbia River Coho Salmon and Puget Sound Steelhead,</SJDOC>
          <PGS>2726-2796</PGS>
          <FRDOCBP D="70" T="14JAP2.sgm">2013-00241</FRDOCBP>
        </SJDENT>
      </CAT>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Permits:</SJ>
        <SJDENT>
          <SJDOC>Endangered Species; File No. 16645,</SJDOC>
          <PGS>2659-2660</PGS>
          <FRDOCBP D="1" T="14JAN1.sgm">2013-00553</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>National Park</EAR>
      <HD>National Park Service</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
        <SJDENT>
          <SJDOC>Mining and Mining Claims and Non-Federal Oil and Gas Rights,</SJDOC>
          <PGS>2686-2687</PGS>
          <FRDOCBP D="1" T="14JAN1.sgm">2013-00524</FRDOCBP>
        </SJDENT>
        <SJ>National Register of Historic Places:</SJ>
        <SJDENT>
          <SJDOC>Pending Nominations and Related Actions,</SJDOC>
          <PGS>2687-2690</PGS>
          <FRDOCBP D="1" T="14JAN1.sgm">2013-00503</FRDOCBP>
          <FRDOCBP D="1" T="14JAN1.sgm">2013-00504</FRDOCBP>
          <FRDOCBP D="1" T="14JAN1.sgm">2013-00505</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>National Telecommunications</EAR>
      <HD>National Telecommunications and Information Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>First Responder Network Authority Board,</SJDOC>
          <PGS>2660-2661</PGS>
          <FRDOCBP D="1" T="14JAN1.sgm">2013-00501</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Nuclear Regulatory</EAR>
      <HD>Nuclear Regulatory Commission</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Advisory Committee on Reactor Safeguards Subcommittee on Advanced Boiling Water Reactor; Cancellation,</SJDOC>
          <PGS>2694</PGS>
          <FRDOCBP D="0" T="14JAN1.sgm">2013-00545</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Advisory Committee on Reactor Safeguards Subcommittee on Fukushima; Cancellation,</SJDOC>
          <PGS>2694</PGS>
          <FRDOCBP D="0" T="14JAN1.sgm">2013-00546</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Advisory Committee on Reactor Safeguards Subcommittee on Planning and Procedures,</SJDOC>
          <PGS>2694-2695</PGS>
          <FRDOCBP D="1" T="14JAN1.sgm">2013-00543</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Advisory Committee on Reactor Safeguards Subcommittee on Plant Operations and Fire Protection,</SJDOC>
          <PGS>2695</PGS>
          <FRDOCBP D="0" T="14JAN1.sgm">2013-00544</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Postal Service</EAR>
      <HD>Postal Service</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Privacy Act; Systems of Records,</DOC>
          <PGS>2695-2696</PGS>
          <FRDOCBP D="1" T="14JAN1.sgm">2013-00480</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Securities</EAR>
      <HD>Securities and Exchange Commission</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
        <SJDENT>
          <SJDOC>Form N-1A,</SJDOC>
          <PGS>2699</PGS>
          <FRDOCBP D="0" T="14JAN1.sgm">2013-00519</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Form N-8A,</SJDOC>
          <PGS>2699-2700</PGS>
          <FRDOCBP D="1" T="14JAN1.sgm">2013-00520</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Rule 22e-3,</SJDOC>
          <PGS>2698-2699</PGS>
          <FRDOCBP D="1" T="14JAN1.sgm">2013-00518</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Rule 2a-7,</SJDOC>
          <PGS>2696-2698</PGS>
          <FRDOCBP D="2" T="14JAN1.sgm">2013-00517</FRDOCBP>
        </SJDENT>
        <SJ>Applications:</SJ>
        <SJDENT>
          <SJDOC>First Trust Exchange-Traded Fund, et al.,</SJDOC>
          <PGS>2700-2706</PGS>
          <FRDOCBP D="6" T="14JAN1.sgm">2013-00516</FRDOCBP>
        </SJDENT>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Advisory Committee on Small and Emerging Companies,</SJDOC>
          <PGS>2706-2707</PGS>
          <FRDOCBP D="1" T="14JAN1.sgm">2013-00539</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Dodd-Frank Investor Advisory Committee,</SJDOC>
          <PGS>2706</PGS>
          <FRDOCBP D="0" T="14JAN1.sgm">2013-00538</FRDOCBP>
        </SJDENT>
        <DOCENT>
          <DOC>Meetings; Sunshine Act,</DOC>
          <PGS>2707</PGS>
          <FRDOCBP D="0" T="14JAN1.sgm">2013-00677</FRDOCBP>
          <FRDOCBP D="0" T="14JAN1.sgm">2013-00678</FRDOCBP>
          <FRDOCBP D="0" T="14JAN1.sgm">2013-00680</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Small Business</EAR>
      <HD>Small Business Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Disaster Declarations:</SJ>
        <SJDENT>
          <SJDOC>Maryland,</SJDOC>
          <PGS>2707-2708</PGS>
          <FRDOCBP D="1" T="14JAN1.sgm">2013-00486</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Massachusetts,</SJDOC>
          <PGS>2708-2709</PGS>
          <FRDOCBP D="1" T="14JAN1.sgm">2013-00492</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Ohio,</SJDOC>
          <PGS>2708</PGS>
          <FRDOCBP D="0" T="14JAN1.sgm">2013-00487</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Virginia; Amendment 1,</SJDOC>
          <PGS>2708</PGS>
          <FRDOCBP D="0" T="14JAN1.sgm">2013-00481</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Social</EAR>
      <HD>Social Security Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Finding Regarding Foreign Social Insurance or Pension System—Romania,</DOC>
          <PGS>2709</PGS>
          <FRDOCBP D="0" T="14JAN1.sgm">2013-00493</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>State Department</EAR>
      <HD>State Department</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Advisory Committee on International Economic Policy,</SJDOC>
          <PGS>2709-2710</PGS>
          <FRDOCBP D="1" T="14JAN1.sgm">2013-00557</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Substance</EAR>
      <HD>Substance Abuse and Mental Health Services Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals,</DOC>
          <PGS>2682-2683</PGS>
          <FRDOCBP D="1" T="14JAN1.sgm">2013-00523</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Surface Transportation</EAR>
      <HD>Surface Transportation Board</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Lease Exemptions:</SJ>
        <SJDENT>
          <SJDOC>BNSF Railway Co.; Norfolk Southern Railway Co.,</SJDOC>
          <PGS>2719</PGS>
          <FRDOCBP D="0" T="14JAN1.sgm">2013-00495</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 Motor Carrier Safety Administration</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Federal Railroad Administration</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>National Highway Traffic Safety Administration</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Surface Transportation Board</P>
      </SEE>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits,</DOC>
          <PGS>2710-2711</PGS>
          <FRDOCBP D="0" T="14JAN1.sgm">2013-00570</FRDOCBP>
          <FRDOCBP D="1" T="14JAN1.sgm">2013-00573</FRDOCBP>
          <FRDOCBP D="0" T="14JAN1.sgm">2013-00576</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Treasury</EAR>
      <HD>Treasury Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Comptroller of the Currency</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Foreign Assets Control Office</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Internal Revenue Service</P>
      </SEE>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals,</DOC>
          <PGS>2719</PGS>
          <FRDOCBP D="0" T="14JAN1.sgm">2013-00475</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <PTS>
      <HD SOURCE="HED">Separate Parts In This Issue</HD>
      <HD>Part II</HD>
      <DOCENT>
        <DOC>Commerce Department, National Oceanic and Atmospheric Administration,</DOC>
        <PGS>2726-2796</PGS>
        <FRDOCBP D="70" T="14JAP2.sgm">2013-00241</FRDOCBP>
      </DOCENT>
      <HD>Part III</HD>
      <DOCENT>
        <DOC>Transportation Department, National Highway Traffic Safety Administration,</DOC>
        <PGS>2798-2869</PGS>
        <FRDOCBP D="1" T="14JAP3.sgm">2013-00361</FRDOCBP>
        <FRDOCBP D="70" T="14JAP3.sgm">2013-00359</FRDOCBP>
      </DOCENT>
      <HD>Part IV</HD>
      <DOCENT>
        <DOC>Environmental Protection Agency,</DOC>
        <PGS>2872-2878</PGS>
        <FRDOCBP D="6" T="14JAP4.sgm">2013-00581</FRDOCBP>
        <FRDOCBP D="0" T="14JAP4.sgm">2013-00582</FRDOCBP>
      </DOCENT>
    </PTS>
    <AIDS>
      <PRTPAGE P="vi"/>
      <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>78</VOL>
  <NO>9</NO>
  <DATE>Monday, January 14, 2013</DATE>
  <UNITNAME>Rules and Regulations</UNITNAME>
  <RULES>
    <RULE>
      <PREAMB>
        <PRTPAGE P="2615"/>
        <AGENCY TYPE="F">FARM CREDIT ADMINISTRATION</AGENCY>
        <CFR>12 CFR Part 615</CFR>
        <RIN>RIN 3052-AC50</RIN>
        <SUBJECT>Funding and Fiscal Affairs, Loan Policies and Operations, and Funding Operations; Investment Management; Effective Date</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Farm Credit Administration.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of effective date.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The Farm Credit Administration (FCA), through the FCA Board, issued a final rule amending its regulations governing investments held by institutions of the Farm Credit System, as well as related regulations. In accordance with the law, the effective date of the final rule is 30 days from the date of publication in the<E T="04">Federal Register</E>during which either or both Houses of Congress are in session.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Under the authority of 12 U.S.C. 2252, the regulation amending 12 CFR part 615 published on November 5, 2012 (77 FR 66362) is effective December 31, 2012.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Timothy T. Nerdahl, Senior Financial Analyst, Office of Regulatory Policy, Farm Credit Administration, McLean, Virginia 22102-5090, (952) 854-7151 extension 5035, TTY (952) 854-2239, or Jennifer A. Cohn, Senior Counsel, Office of General Counsel, Farm Credit Administration, McLean, Virginia 22102-5090, (703) 883-4020, TTY (703) 883-4020.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>The Farm Credit Administration (FCA), through the FCA Board, issued a final rule amending its regulations governing investments held by institutions of the Farm Credit System, as well as related regulations. In accordance with 12 U.S.C. 2252, the effective date of the final rule is 30 days from the date of publication in the<E T="04">Federal Register</E>during which either or both Houses of Congress are in session. Based on the records of the sessions of Congress, the effective date of the regulations is December 31, 2012. (12 U.S.C. 2252(a)(9) and (10))</P>
        <SIG>
          <DATED>Dated: January 8, 2013.</DATED>
          <NAME>Dale L. Aultman,</NAME>
          <TITLE>Secretary, Farm Credit Administration Board.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00551 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6705-01-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-2012-1245; Directorate Identifier 2012-NE-41-AD; Amendment 39-17279; AD 2012-24-09]</DEPDOC>
        <RIN>RIN 2120-AA64</RIN>
        <SUBJECT>Airworthiness Directives; Lycoming Engines and Continental Motors, Inc. Reciprocating Engines</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Aviation Administration (FAA), DOT.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule; correction.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The FAA is correcting an airworthiness directive (AD) that published in the<E T="04">Federal Register</E>. That AD applies to Lycoming Engines TSIO-540-AK1A, and Continental Motors, Inc. TSIO-360-MB, TSIO-360-SB, and TSIO-360-RB reciprocating engines, with certain Hartzell Engine Technologies (HET) turbochargers, model TA0411, part number 466642-0001; 466642-0002; 466642-0006; 466642-9001; 466642-9002; or 466642-9006, or with certain HET model TA0411 turbochargers overhauled or repaired since August 29, 2012. The Summary paragraph and the Applicability paragraph list an incorrect engine model for Lycoming Engines. This document corrects those errors. In all other respects, the original document remains the same.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>This final rule is effective January 14, 2013. The effective date for AD 2012-24-09 (77 FR 72203, December 5, 2012) remains December 20, 2012.</P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>You may examine the AD docket on the Internet at<E T="03">http://www.regulations.gov;</E>or in person at the 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>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Christopher Richards, Aerospace Engineer, Chicago Aircraft Certification Office, FAA, 2300 E. Devon Ave., Des Plaines, IL 60018; phone: 847-294-7156; fax: 847-294-7834; email:<E T="03">christopher.j.richards@faa.gov</E>.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>Airworthiness Directive 2012-24-09, Amendment 39-17279 (77 FR 72203, December 5, 2012), currently requires removing the affected turbochargers from service before further flight.</P>
        <P>As published, the Summary paragraph and the Applicability paragraph are incorrect.</P>

        <P>No other part of the preamble or regulatory information has been changed; therefore, only the changed portion of the final rule is being published in the<E T="04">Federal Register</E>.</P>
        <P>The effective date of this AD remains December 20, 2012.</P>
        <HD SOURCE="HD1">Correction of Non-Regulatory Text</HD>
        <P>In the<E T="04">Federal Register</E>of December 5, 2012, AD 2012-24-09; Amendment 39-17279 is corrected as follows:</P>
        <P>On page 72203, in the second column, on line 3 of the Summary, change Lycoming Engines TSIO-540-AK1A to “Lycoming Engines TIO-540-AK1A.”</P>
        <HD SOURCE="HD1">Correction of Regulatory Text</HD>
        <REGTEXT PART="39" TITLE="14">
          <SECTION>
            <SECTNO>§ 39.13</SECTNO>
            <SUBJECT>[Corrected]</SUBJECT>
          </SECTION>
          <AMDPAR>In the<E T="04">Federal Register</E>of December 5, 2012, on page 72204, in the third column, the first sentence of paragraph (c) of AD 2012-24-09 is corrected to read as follows:</AMDPAR>
          <EXTRACT>
            <STARS/>
            <P>(c) This AD applies to Lycoming Engines TIO-540-AK1A, and Continental Motors, Inc. TSIO-360-MB, TSIO-360-SB, and TSIO-360-RB reciprocating engines with any of the following turbochargers installed:</P>
            <STARS/>
          </EXTRACT>
        </REGTEXT>
        <SIG>
          <PRTPAGE P="2616"/>
          <DATED>Issued in Burlington, Massachusetts, on January 7, 2013.</DATED>
          <NAME>Colleen M. D'Alessandro,</NAME>
          <TITLE>Assistant Manager, Engine &amp; Propeller Directorate, Aircraft Certification Service.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00525 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-13-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
        <SUBAGY>Coast Guard</SUBAGY>
        <CFR>33 CFR Part 165</CFR>
        <DEPDOC>[Docket No. USCG-2012-1099]</DEPDOC>
        <RIN>RIN 1625-AA00</RIN>
        <SUBJECT>Safety Zone; Bridge Demolition Project; Indiana Harbor Canal, East Chicago, IN</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Coast Guard, DHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Temporary final rule.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Coast Guard is establishing a temporary safety zone on the Indiana Harbor Canal in East Chicago, Indiana. This safety zone is intended to restrict vessels from a portion of the Indiana Harbor Canal due to the demolition Project on the Cline Avenue Bridge. This temporary safety zone is necessary to protect the surrounding public and vessels from the hazards associated with the demolition project.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>This rule is effective from 12:00 p.m. on January 1, 2013 until 12:00 a.m. on February 1, 2013. The Captain of the Port, Sector Lake Michigan, will establish enforcement dates that will be announced with a Notice of Enforcement and marine information broadcasts.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Documents indicated in this preamble as being available in the docket are part of docket USCG-2012-1099 and are available online by going to<E T="03">www.regulations.gov,</E>inserting USCG-2012-1099 in the “Keyword” box, and then clicking “search.” They are also available for inspection or copying at the Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground floor, Room W12-140, 1200 New Jersey Avenue SE., Washington DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>If you have questions on this temporary rule, contact or email MST1 Joseph McCollum, U.S. Coast Guard Sector Lake Michigan, at 414-747-7148 or<E T="03">Joseph.P.McCollum@uscg.mil.</E>If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Table of Acronyms</HD>
        
        <EXTRACT>
          <FP SOURCE="FP-1">DHSDepartment of Homeland Security</FP>
          <FP SOURCE="FP-1">FR<E T="04">Federal Register</E>
          </FP>
          <FP SOURCE="FP-1">NPRMNotice of Proposed Rulemaking</FP>
        </EXTRACT>
        
        <HD SOURCE="HD1">A. Regulatory History and Information</HD>
        <P>The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because doing so would be impracticable and contrary to the public interest. The final details for this event were not known to the Coast Guard until there was insufficient time remaining before the event to publish an NPRM. Thus, delaying the effective date of this rule to wait for a comment period to run would be both impracticable and contrary to the public interest because it would inhibit the Coast Guard's ability to protect vessels from the hazards associated with the demolition project on the Cline Avenue Bridge, which are discussed further below.</P>

        <P>Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the<E T="04">Federal Register</E>. For the same reasons discussed in the preceding paragraph, waiting for a 30 day notice period to run would be impracticable and contrary to the public interest.</P>
        <HD SOURCE="HD1">B. Basis and Purpose</HD>
        <P>The legal basis for the rule is the Coast Guard's authority to establish regulated navigation areas and limited access areas: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1.</P>
        <P>During the month of January, 2013 Walsh Construction Company will be conducting demolition on the West span of the Cline Avenue Bridge in East Chicago, IN. The Captain of the Port, Sector Lake Michigan, has determined that this demolition project will pose a significant risk to public safety and property. Such hazards include loss of life and property in the proximity of explosives, and collisions among vessels and contractors involved in the demolition project.</P>
        <P>The Coast Guard established the same safety zone for October 27 and November 10, for November 3 and 10, for December 2 and 8, and once again for December 23, 2012. In November of 2012, the discovery of steel beams within the area of the bridge to be demolished caused a change of schedule in the demolition. On December 2, 2012 the Construction Company conducted demolition on the East span of the bridge as scheduled. However, during this demolition, the East span fell into an unexpected position which required unscheduled clean up and presented a potential danger to passing vessel traffic. On December 23, 2012, high winds halted demolition of the West Span. The U.S. Coast Guard considered the history of unexpected delays associated with this demolition project and the delicate nature of explosive work on a transportation structure.</P>
        <HD SOURCE="HD1">C. Discussion of Rule</HD>
        <P>With the aforementioned hazards in mind, the Captain of the Port, Sector Lake Michigan, has determined that this temporary safety zone is necessary to ensure the safety of persons and vessels during the demolition project on the Cline Avenue Bridge. This rule is effective from 12:00 p.m. on January 1, 2013 until 12:00 a.m. on February 1, 2013. The Captain of the Port, Sector Lake Michigan, will establish enforcement dates that will be announced with a Notice of Enforcement and marine information broadcasts. The safety zone will encompass all waters of the Indiana Harbor Canal in the vicinity of the Cline Avenue Bridge at approximate position 41°39′4.3″ N and 87°27′54.3″ W (NAD 83).</P>
        <P>Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port, Sector Lake Michigan, or his designated on-scene representative. The Captain of the Port or his designated on-scene representative may be contacted via VHF Channel 16.</P>
        <HD SOURCE="HD1">D. Regulatory Analyses</HD>

        <P>We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes or executive orders.<PRTPAGE P="2617"/>
        </P>
        <HD SOURCE="HD2">1. Regulatory Planning and Review</HD>
        <P>This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. It is not “significant” under the regulatory policies and procedures of the Department of Homeland Security (DHS). We conclude that this rule is not a significant regulatory action because we anticipate that it will have minimal impact on the economy, will not interfere with other agencies, will not adversely alter the budget of any grant or loan recipients, and will not raise any novel legal or policy issues. The safety zone created by this rule will be small and enforced for only 24 hours. Under certain conditions, moreover, vessels may still transit through the safety zone when permitted by the Captain of the Port.</P>
        <HD SOURCE="HD2">2. Impact on Small Entities</HD>
        <P>The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities.</P>
        <P>This rule will affect the following entities, some of which might be small entities: The owners or operators of vessels intending to transit or anchor in a portion of the Indiana Harbor Canal during the month of January, 2013.</P>
        <P>This safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons: This safety zone would be effective, and thus subject to enforcement, for only a 24 hour period. The U.S. Coast Guard has been in close contact with major waterway users during the entire phase of this project and continues to keep stakeholders informed of waterway conditions and projected operational plans for this demolition project. Traffic may be allowed to pass through the zone with the permission of the Captain of the Port. The Captain of the Port can be reached via VHF channel 16. Before the enforcement of the zone, the Captain of the Port or his Representative will issue local Broadcast Notice to Mariners. The Captain of the Port, at his discretion, may suspend enforcement of the safety zone prior to the end of the enforcement period. Notice of this change will be provided to the public.</P>
        <HD SOURCE="HD2">3. Assistance for Small Entities</HD>

        <P>Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the<E T="02">FOR FURTHER INFORMATION CONTACT</E>section above.</P>
        <P>Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard.</P>
        <HD SOURCE="HD2">4. Collection of Information</HD>
        <P>This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).</P>
        <HD SOURCE="HD2">5. Federalism</HD>
        <P>A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and determined that this rule does not have implications for federalism.</P>
        <HD SOURCE="HD2">6. Unfunded Mandates Reform Act</HD>
        <P>The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.</P>
        <HD SOURCE="HD2">7. Taking of Private Property</HD>
        <P>This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights.</P>
        <HD SOURCE="HD2">8. Civil Justice Reform</HD>
        <P>This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden.</P>
        <HD SOURCE="HD2">9. Protection of Children</HD>
        <P>We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children.</P>
        <HD SOURCE="HD2">10. Indian Tribal Governments</HD>
        <P>This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.</P>
        <HD SOURCE="HD2">11. Energy Effects</HD>
        <P>This action is not a “significant energy action” under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use.</P>
        <HD SOURCE="HD2">12. Technical Standards</HD>
        <P>This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.</P>
        <HD SOURCE="HD2">13. Environment</HD>

        <P>We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves the establishment of a safety zone and,<PRTPAGE P="2618"/>therefore it is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under<E T="02">ADDRESSES</E>. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 33 CFR Part 165</HD>
          <P>Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways.</P>
        </LSTSUB>
        
        <P>For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows:</P>
        <REGTEXT PART="165" TITLE="33">
          <PART>
            <HD SOURCE="HED">PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS</HD>
          </PART>
          <AMDPAR>1. The authority citation for part 165 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1.</P>
          </AUTH>
        </REGTEXT>
        
        <REGTEXT PART="165" TITLE="33">
          <AMDPAR>2. Add § 165.T09-1099 to read as follows:</AMDPAR>
          <SECTION>
            <SECTNO>§ 165.T09-1099</SECTNO>
            <SUBJECT>Safety Zone; Bridge Demolition Project, Indiana Harbor Canal, East Chicago, Indiana.</SUBJECT>
            <P>
              <E T="03">(a) Location.</E>The safety zone will encompass all waters of the Indiana Harbor Canal in the vicinity of the Cline Avenue Bridge at approximate position 41°39′4.3″ N and 87°27′54.3″ W (NAD 83).</P>
            <P>
              <E T="03">(b) Effective and Enforcement Period.</E>This rule is effective from 12:00 p.m. on January 1, 2013 until 12:00 a.m. on February 1, 2013. The Captain of the Port, Sector Lake Michigan, will establish enforcement dates that will be announced with a Notice of Enforcement and marine information broadcasts.</P>
            <P>
              <E T="03">(c) Regulations.</E>
            </P>
            <P>(1) In accordance with the general regulations in section 165.23 of this part, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port, Sector Lake Michigan or his designated on-scene representative.</P>
            <P>(2) This safety zone is closed to all vessel traffic, except as may be permitted by the Captain of the Port, Sector Lake Michigan or his designated on-scene representative.</P>
            <P>(3) The “on-scene representative” of the Captain of the Port, Sector Lake Michigan is any Coast Guard commissioned, warrant or petty officer who has been designated by the Captain of the Port, Sector Lake Michigan to act on his behalf.</P>
            <P>(4) Vessel operators desiring to enter or operate within the safety zone shall contact the Captain of the Port, Sector Lake Michigan or his on-scene representative to obtain permission to do so. The Captain of the Port, Sector Lake Michigan or his on-scene representative may be contacted via VHF Channel 16. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the Captain of the Port, Sector Lake Michigan, or his on-scene representative.</P>
          </SECTION>
        </REGTEXT>
        <SIG>
          <DATED>Dated: December 28, 2012.</DATED>
          <NAME>J.W. Davenport,</NAME>
          <TITLE>Commander, U.S. Coast Guard, Acting Captain of the Port, Sector Lake Michigan.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00514 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 9110-04-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <CFR>42 CFR Part 84</CFR>
        <DEPDOC>[Docket No. CDC-2012-0009; NIOSH-258]</DEPDOC>
        <RIN>RIN 0920-AA38</RIN>
        <SUBJECT>Self-Contained Breathing Apparatus Remaining Service-Life Indicator Performance Requirements</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Centers for Disease Control and Prevention, HHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>On June 25, 2012, the Department of Health and Human Services (HHS) published a notice of proposed rulemaking proposing to update respirator approval standards in response to a petition to amend our regulations, current requirements for self-contained breathing apparatus (SCBA) remaining service-life indicators or warning devices. These indicators are built into a respirator to alert the user that the breathing air provided by the respirator is close to depletion. In this final rule, HHS responds to public comment on the proposed rule and revises the current standard, employed by the National Institute for Occupational Safety and Health (NIOSH) located within the Centers for Disease Control and Prevention (CDC), to allow greater flexibility in the setting of the indicator alarm to ensure that the alarm more effectively meets the different worker protection needs of different work operations. This final rule sets a minimum alarm point at 25 percent of the rated service time and allows the manufacturer to offer remaining service life set point at a higher value or values appropriate to the purchaser's use scenario.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>This final rule is effective February 13, 2013.</P>
        </EFFDATE>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Jonathan Szalajda, NIOSH National Personal Protective Technology Laboratory (NPPTL), P.O. Box 18070, 626 Cochrans Mill Road, Pittsburgh, PA 15236, (412) 386-5200 (this is not a toll-free number).</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The preamble to this final rule is organized as follows:</P>
        
        <EXTRACT>
          <FP SOURCE="FP-2">I. Public Participation</FP>
          <FP SOURCE="FP-2">II. Background</FP>
          <FP SOURCE="FP-2">III. Summary of Final Rule and Response to Public Comments</FP>
          <FP SOURCE="FP-2">IV. Regulatory Assessment Requirements</FP>
          <FP SOURCE="FP1-2">A. Executive Orders 12866 and 13563</FP>
          <FP SOURCE="FP1-2">B. Regulatory Flexibility Act</FP>
          <FP SOURCE="FP1-2">C. Paperwork Reduction Act</FP>
          <FP SOURCE="FP1-2">D. Small Business Regulatory Enforcement Fairness Act</FP>
          <FP SOURCE="FP1-2">E. Unfunded Mandates Reform Act of 1995</FP>
          <FP SOURCE="FP1-2">F. Executive Order 12988 (Civil Justice)</FP>
          <FP SOURCE="FP1-2">G. Executive Order 13132 (Federalism)</FP>
          <FP SOURCE="FP1-2">H. Executive Order 13045 (Protection of Children From Environmental Health Risks and Safety Risks)</FP>
          <FP SOURCE="FP1-2">I. Executive Order 13211 (Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use)</FP>
          <FP SOURCE="FP1-2">J. Plain Writing Act of 2010</FP>
          <FP SOURCE="FP-2">V. Final Rule</FP>
        </EXTRACT>
        
        <HD SOURCE="HD1">I. Public Participation</HD>
        <P>Interested persons or organizations were invited to participate in this rulemaking by submitting written views, arguments, recommendations, and data. Comments were invited on any topic related to this proposal, but comments were specifically solicited regarding whether: (1) 25 percent of the rated service time of the respirator is an appropriate default setting for the indicator to alarm; (2) the rule should specify an upper limit that would require that the indicator be set to alarm no earlier than a set amount, such as 50 percent of rated service time; and (3) there are possible emergency or rescue scenarios for which one would want an indicator to alarm at 50 percent or more of the rated service time?</P>

        <P>HHS received 8 submissions from the public in response to this rulemaking. Commenters represented local fire departments, manufacturers of self-contained breathing apparatus (SCBA) used in the fire service, and a firefighters' union. A summary of comments and the HHS response are found in Section III, below.<PRTPAGE P="2619"/>
        </P>
        <HD SOURCE="HD1">II. Background</HD>
        <P>In 2003, NIOSH received a petition from David Bernzweig of the Columbus (OH) Professional Firefighters International Association of Fire Fighters (IAFF) Local 67 requesting that the agency initiate rulemaking to amend 42 CFR 84.83(f).<SU>1</SU>
          <FTREF/>The current rule requires that the self-contained breathing apparatus (SCBA) service-life indicator (also known in the firefighter community as an end-of-service-time indicator (EOSTI), or a low-air alarm) give an alarm within the 20 to 25 percent range. Stakeholders in agreement with Mr. Bernzweig requested that HHS eliminate the lower value (20 percent) and require the indicator to alarm no later than at 25 percent of rated service time. NIOSH considered the request and facilitated discussion among stakeholders by holding a public meeting to discuss underlying issues and technical matters on December 2, 2008, in Pittsburgh, Pennsylvania (73 FR 65860, November 5, 2008).<SU>2</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>

            <SU>1</SU>National Institute for Occupational Safety and Health, National Personal Protective Technology Laboratory, transcript of public meeting held December 2, 2008. Available at<E T="03">http://www.cdc.gov/niosh/docket/archive/pdfs/NIOSH-034-A/0034-A-120208-Transcript.pdf.</E>Last accessed October 25, 2011.</P>
        </FTNT>
        <FTNT>
          <P>

            <SU>2</SU>The official transcript of this meeting as well as public comments are available on NIOSH Docket 34-A (See<E T="03">http://www.cdc.gov/niosh/docket/archive/docket034A.html</E>). NIOSH had previously collected public comments on remaining service-life indicators in 2004 (See NIOSH Docket 34,<E T="03">http://www.cdc.gov/niosh/docket/archive/docket034.html</E>).</P>
        </FTNT>
        <P>The National Fire Protection Association (NFPA), which sets standards for personal protective equipment used in the fire service, initiated an effort in 2008 to develop consensus on the matter and recently decided to amend NFPA 1981: Standard on Open-Circuit Self-Contained Breathing Apparatus (SCBA) for Emergency Services<SU>3</SU>
          <FTREF/>to require that the indicator alarm at 33 percent.</P>
        <FTNT>
          <P>
            <SU>3</SU>NFPA 1981: Standard on open-circuit self-contained breathing apparatus (SCBA) for emergency services, Chapter 4. 2007 Edition.</P>
        </FTNT>

        <P>For reasons discussed in the notice of proposed rulemaking published in the<E T="04">Federal Register</E>on June 25, 2012 (77 FR 37862), HHS finds that amending § 84.83(f) to allow greater latitude with regard to setting the indicator alarm would not reduce the amount of protection afforded to firefighters and other SCBA users. In fact, HHS has determined that specifying a minimum setting of 25 percent and allowing manufacturers to offer different alarm settings more suited to purchasers' use scenarios will result in a more meaningful alarm that may offer greater protection for users.</P>
        <HD SOURCE="HD1">III. Summary of Final Rule and Response to Public Comments</HD>
        <P>The amendment to 42 CFR 84.83(f) establishes that the low-air indicator must activate at a minimum setting of 25 percent of the SCBA's rated service time. If a purchaser has determined that an earlier alarm will benefit the specific occupational purpose for which the respirator is to be used, the purchaser may request that the manufacturer offer a remaining service-life indicator alarm set-point at a higher value (or values) appropriate to the purchaser's use scenario. If the manufacturer chooses to offer a respirator with a different set-point (at no less than 25 percent of the SCBA's rated service time), the modified respirator must be approved by NIOSH. Purchasers may also have the indicator setting modified for already fielded SCBA units by an authorized representative of the manufacturer, provided that the respirator model has received a new NIOSH approval specifying the new alarm set-point.</P>
        <P>The final rule also codifies a long-standing NIOSH policy requiring the indicator for demand and pressure-demand open-circuit (OC)SCBA to alarm continuously until the respirator's breathing air supply is depleted.</P>
        <P>Changes to the proposed rule text are made in response to public comment, to clarify our overall intent; to specify that the requirement for continuous alarming is intended for open-circuit, demand and pressure demand units only; and to require that manufacturers identify the indicator setting on each unit. Specific comments and responses are discussed below. The rule text is also amended slightly to better comply with Federal plain language requirements.</P>
        <P>
          <E T="03">Comment:</E>Two commenters were fully supportive of the rulemaking. One commenter stated that requiring fire service respirators to alarm when breathing air reaches 25 percent “does not serve the needs or interests of today's fire service.” According to the commenter, “[t]here is no safety purpose served by not allowing an earlier set point for the EOSTI. An earlier set point would allow for a greater margin of safety for the end user. Not having an earlier set point would continue to place firefighters at risk by not having an adequate air reserve when the EOSTI activates.” The commenter further agreed that the alarm should not be field-adjustable and that purchasers should be able to specify the setting at the time of purchase or service.</P>
        <P>
          <E T="03">HHS response:</E>We thank these commenters for their response.</P>
        <P>
          <E T="03">Comment:</E>We received two comments that appeared to confuse the standard proposed by HHS (a default of 25 percent unless the purchaser requests a different, higher, value) with the standard being developed by NFPA (alarm activation at 33 percent). One commenter expressed approval for giving purchasers the ability to set the remaining service-life indicator alarm between 33 percent and 50 percent. The other commenter expressed disapproval for changing the indicator to activate at 33 percent rather than 25 percent.</P>
        <P>
          <E T="03">HHS response:</E>The amended standard is responsive to the various concerns. Manufacturers are not required to modify existing approvals to comply with this rule; they may continue to market and sell respirators approved under the current standard, indefinitely. If, in response to purchaser needs, the manufacturer chooses to market and sell respirators that activate at the 25 percent minimum requirement or earlier, the manufacturer must obtain a new or revised NIOSH approval.</P>
        <P>
          <E T="03">Comment:</E>One commenter supported the inclusion of a 50 percent upper limit for the alarm set-point; other commenters neither supported nor opposed the upper limit.</P>
        <P>
          <E T="03">HHS response:</E>We did not receive justification for applying a 50 percent upper limit. It is conceivable that some use scenarios might warrant an earlier alarm point. Accordingly, we have not revised the proposal in response to the comment.</P>
        <P>
          <E T="03">Comment:</E>One commenter suggested that allowing individual fire departments to determine their own remaining service-life indicator setting may cause “incident related” problems. The commenter further stated that there was no discussion in the notice of proposed rulemaking about the use of the heads-up-display for monitoring breathing air depletion or the reliance on teamwork to maintain situational awareness.</P>
        <P>
          <E T="03">HHS response:</E>This comment raises training issues regarding the users' response to an alarm being activated. We understand that a change in the mechanical alarm setting may necessitate a change in training protocols. However, training for the proper use of these respirators is outside the scope of this rulemaking.</P>
        <P>
          <E T="03">Comment:</E>One commenter agreed with the intent of the proposed rule text but suggested a number of edits. The commenter stated that the proposed rule text did not account for the distinction between respirator models whose alarms are designed either to activate electronically or activate using the device's compressed air. According to<PRTPAGE P="2620"/>the commenter, “[i]f the EOSTI is activated electrically then the alarm can sound continuously until the depletion of the breathing air supply. If the EOSTI is activated using the compressed air in the system then at some point the alarm sound will decrease in decibels and even cease to sound before the breathing air is depleted.” The commenter suggested adding the text “if electrically controlled or to a pressure of 10 bar (145 psi) if operated by the compressed air in the system” to the text in § 84.83(f).</P>
        <P>
          <E T="03">HHS response:</E>The purpose of the alarm is to advise the user that the system is depleting its air supply. While the rule text does not specifically identify models that alarm either electronically or using compressed air, we intend for the indicator to alarm until the air supply runs out in order to warn the user of the situation so they can take appropriate action for their setting. That the indicator may not continue to alarm until the air supply is absolutely depleted is understood and is evaluated in NIOSH testing (see NIOSH standard testing procedure RCT-ASR-STP-0124, Determination of Remaining Service-Life Indicator—Open-Circuit, Demand and Pressure-Demand, Self-Contained Breathing Apparatus, at<E T="03">http://www.cdc.gov/niosh/npptl/stps/pdfs/RCT-ASR-0124.pdf,</E>which will be updated to comport with this rulemaking).</P>
        <P>
          <E T="03">Comment:</E>Another comment referred to long duration closed-circuit breathing apparatus (CCBA), which are also regulated under Subpart H in Part 84. The commenter stated that “it can be interpreted that even long duration CCBA would also need to meet the proposed new requirements. For example, this would require that a CCBA with a rated service time of 4 hours would need to have the EOSTI alarm continuously for 1 hour and this would be annoying to the users and may affect their activities in a negative manner.” The commenter accordingly suggested that the text in § 84.83(f) should address only open-circuit devices, and offers a new § 84.83(g) which suggests that, for closed-circuit devices, the indicator should alarm for a limited time period when the reserve capacity of the apparatus is reached, and a continuous alarm when a prescribed pressure is reached.</P>
        <P>
          <E T="03">HHS response:</E>HHS did not intend for the continuous alarm requirement to pertain to long-duration closed-circuit devices. However, the open-circuit demand and pressure-demand devices are expected to alarm continuously once activated. Accordingly, we have amended the final rule text to require that only open-circuit demand and pressure-demand (as described in 42 CFR 84.70(a)(2)(i) and 42 CFR 84.70(a)(2)(ii)) respirators need to alarm continuously.</P>
        <P>
          <E T="03">Comment:</E>One commenter suggested that only purchasers who are required by a third-party standard to request an alarm set-point other than the default 25 percent be allowed to request a different alarm setting.</P>
        <P>
          <E T="03">HHS response:</E>We do not agree that the 25 percent default value should<E T="03">only</E>be raised when prescribed by a third party standard. While § 84.83(f) is amended in response to a petition on behalf of the U.S. fire service, we note that OC-SCBAs are used by industries and in occupational settings other than firefighting. We intend to maintain flexibility with regard to the alarm setting requirement to avoid further limitations on the ability of purchasers to request an alarm set-point appropriate to their use scenarios and the ability of manufacturers to offer such respirators.</P>
        <P>
          <E T="03">Comment:</E>One commenter stated that the terms `default' and `adjusted' used in the rule summary are vague and “cause policy or test requirement issues.” The commenter recommended that the word `default' be removed because it “implies the product must meet the minimum setting and shall be capable of fulfilling a higher setting. We believe this is not the intent of the proposed changes and can lead to unnecessarily design-restrictive interpretations.” The commenter requested that, in addition to adjustable designs, the rule should “allow flexibility to permit others such as dedicated set point designs.” The commenter suggested that the rule text should be modified to state: “Each remaining service-life indicator or warning device shall give an alarm when the remaining service life of the apparatus is reduced to the manufacturers' specified range and shall alarm continuously until the breathing air supply approaches depletion. The manufacturer can specify either a set point of 25 or 33 percent of its rated service time in response to the user's specific request.”</P>
        <P>
          <E T="03">HHS response:</E>The terms `default' and `adjusted' do not occur in the rule text; however, HHS does intend for the product to be able to meet the 25 percent value as the minimum setting and/or any higher setting requested by the purchaser. During performance testing for approval, NIOSH will test the alarm setting identified by the manufacturer in its request for approval of the respirator system. If the manufacturer does not identify an alarm setting, the indicator will be tested to show that it activates at the value of 25 percent of its rated service life.</P>
        <P>The rule does not specify or restrict how manufacturers must comply with its provisions; manufacturers who find it in their best interest may offer specific set-points. Manufacturers are not required to produce a device that is adjustable to different users' needs, and can continue to market and sell SCBA models approved by NIOSH prior to the effective date of this rule. However, should the manufacturer wish to modify such a model for any reason, including a change to their service-life indicator set point, the manufacturer is required to apply to NIOSH for a new approval.</P>
        <P>Additionally, in evaluating this comment, HHS determined that the user should be able to readily identify a respirator's alarm setting to distinguish models from one another. Models that meet the revised performance requirements of this rule should have labels and/or markings that identify the alarm setting for that particular model. At the discretion of the manufacturer, these markings could be addressed as part of the cautions and limitations associated with these devices, or as an additional label. In accordance with this determination, the final rule text is amended to address labels and/or markings.</P>
        <P>
          <E T="03">Comment:</E>One commenter recommended that 42 CFR 84.82 “include an additional section for a 33 percent” remaining service-life indicator. According to the commenter, “[a]llowing manufacturers the ability to utilize the same gauge for both alarm set points will reduce cost and complexity within the market.”</P>
        <P>
          <E T="03">HHS response:</E>HHS has determined that the provisions in 42 CFR 84.82 are sufficiently flexible to allow manufacturers to produce gauges that accurately indicate the amount of breathing air contained in a unit.</P>
        <P>
          <E T="03">Comment:</E>HHS received one comment on the E.O. 12866 and E.O. 13563 analysis in Section IV.A., below. According to the commenter, “[i]t is important to realize that additional costs for multiple or adjustable set points are inevitable. In addition to added design and documentation costs, options introduced into production will increase assembly and inspection times. Inventory costs increase with optional material warehousing.* * *. While they may be independent, other pressure gauges and electronic systems must be designed to correlate with the RSLI and the system(s) must be thoroughly verified. Differing RSLI settings may require differing gauge faces and electronics/programming designs to<PRTPAGE P="2621"/>maintain correlation. For all these reasons, costs will increase.”</P>
        <P>
          <E T="03">HHS response:</E>The commenter misunderstands the requirement. HHS does not require manufacturers to produce products with new features allowing for adjustment of the service life indicator alarm set point, or for various product models with different set points. Any manufacturer can choose to meet product demand by either manufacturing products with fixed set points or by manufacturing products with manufacturer-adjustable set points. Alternatively, the manufacturer can choose to take no action, and continue to sell respirators under existing NIOSH approvals. HHS is reducing the longstanding constraint on these product designs for a single alarm set point. Accordingly, we continue to conclude that there are no costs associated with this rulemaking, and solely benefits in terms of greater flexibility for manufacturers to meet the diverse needs of their customers.</P>
        <HD SOURCE="HD1">IV. Regulatory Assessment Requirements</HD>
        <HD SOURCE="HD2">A. Executive Orders 12866 and 13563</HD>
        <P>Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity).</P>
        <P>This final rule is not being treated as a “significant” action under E.O. 12866. It modifies the settings for an indicator required by current regulation, as well as codifies a long-standing policy of requiring that the OC demand and pressure demand SCBA indicator alarm continuously once it has begun. The current rule requires that a remaining service-life indicator activate when the breathing air provided by an OC demand and pressure demand SCBA reaches between 20 and 25 percent of its rated limit. The final rule replaces the range with a default value of 25 percent, and allows manufacturers to offer indicator set-point values at a higher limit than 25 percent of remaining breathing air.</P>
        <P>All approved OC demand and pressure demand SCBA models have a remaining service-life indicator for which alarm limits are set during manufacturing. Allowing respirator manufacturers to offer a respirator with an earlier activation set-point value will ensure that the alarm more effectively meets the varying worker protection needs of different work operations.</P>
        <P>Although HHS determined that there are no costs and only benefits associated with this rulemaking, we received one comment on this economic analysis, summarized above. As discussed above, HHS continues to conclude that there are no costs associated with this rulemaking, and solely benefits in terms of greater flexibility for manufacturers to meet the diverse needs of their customers.</P>
        <P>The rule does not interfere with State, local, or tribal governments in the exercise of their governmental functions.</P>
        <HD SOURCE="HD2">B. Regulatory Flexibility Act</HD>
        <P>The Regulatory Flexibility Act (RFA), 5 U.S.C. 601<E T="03">et seq.,</E>requires each agency to consider the potential impact of its regulations on small entities, including small businesses, small governmental units, and small not-for-profit organizations. As discussed above, all OC demand and pressure-demand SCBA models are equipped with a remaining service-life indicator that will not require additional expenditure of resources to set at the activation limit. This final rule allows small organizations such as local fire departments to request an earlier indicator activation set-point when purchasing new devices from the manufacturer. The Secretary of HHS has certified to the Chief Counsel, Office of Advocacy of the Small Business Administration, that this rule does not have a significant impact on a substantial number of small entities. Accordingly, no regulatory impact analysis is required.</P>
        <HD SOURCE="HD2">C. Paperwork Reduction Act of 1995</HD>
        <P>The Paperwork Reduction Act (PRA), 44 U.S.C. 3501<E T="03">et seq.,</E>requires an agency to invite public comment on and to obtain OMB approval of any regulation that requires 10 or more people to report information to the agency or to keep certain records. This rule does not contain any information collection requirements; thus HHS has determined that the PRA does not apply to this rule.</P>
        <HD SOURCE="HD2">D. Small Business Regulatory Enforcement Fairness Act</HD>

        <P>As required by Congress under the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 801<E T="03">et seq.</E>), HHS will report to Congress the promulgation of a final rule, once it is developed, prior to its taking effect. The report will state that HHS has concluded that the rule is not a “major rule” because it is not likely to result in an annual effect on the economy of $100 million or more.</P>
        <HD SOURCE="HD2">E. Unfunded Mandates Reform Act of 1995</HD>

        <P>Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531<E T="03">et seq.</E>) directs agencies to assess the effects of Federal regulatory actions on State, local, and tribal governments, and the private sector “other than to the extent that such regulations incorporate requirements specifically set forth in law.” For purposes of the Unfunded Mandates Reform Act, this final rule does not include any Federal mandate that may result in increased annual expenditures in excess of $100 million by state, local or tribal governments in the aggregate, or by the private sector, adjusted annually for inflation. For 2012, the inflation-adjusted threshold is $139 million.</P>
        <HD SOURCE="HD2">F. Executive Order 12988 (Civil Justice)</HD>
        <P>This final rule has been drafted and reviewed in accordance with Executive Order 12988, Civil Justice Reform, and will not unduly burden the Federal court system. The amendment to an existing respirator approval standard will apply uniformly to all applicants. This final rule has been reviewed carefully to eliminate drafting errors and ambiguities.</P>
        <HD SOURCE="HD2">G. Executive Order 13132 (Federalism)</HD>
        <P>HHS has reviewed this final rule in accordance with Executive Order 13132 regarding federalism, and has determined that it does not have “federalism implications.” The final rule does not “have substantial direct effects 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>
        <HD SOURCE="HD2">H. Executive Order 13045 (Protection of Children From Environmental Health Risks and Safety Risks)</HD>
        <P>In accordance with Executive Order 13045, HHS has evaluated the environmental health and safety effects of this final rule on children. HHS has determined that the final rule will have no effect on children.</P>
        <HD SOURCE="HD2">I. Executive Order 13211 (Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use)</HD>

        <P>In accordance with Executive Order 13211, HHS has evaluated the effects of this final rule on energy supply, distribution, or use and has determined that the rule will not have a significant adverse effect.<PRTPAGE P="2622"/>
        </P>
        <HD SOURCE="HD2">J. Plain Writing Act of 2010</HD>
        <P>Under Public Law 111-274 (October 13, 2010), executive Departments and Agencies are required to use plain language in documents that explain to the public how to comply with a requirement the Federal Government administers or enforces. HHS has attempted to use plain language in promulgating the final rule consistent with the Federal Plain Writing Act guidelines. HHS did not receive any public comments on this matter.</P>
        <HD SOURCE="HD1">V. Final Rule</HD>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 42 CFR Part 84</HD>
          <P>Occupational safety and health, Personal protective equipment, Respirators.</P>
        </LSTSUB>
        <HD SOURCE="HD1">Text of the Rule</HD>
        <P>For the reasons discussed in the preamble, the Department of Health and Human Services amends 42 CFR part 84 as follows:</P>
        <REGTEXT PART="84" TITLE="42">
          <PART>
            <HD SOURCE="HED">PART 84—APPROVAL OF RESPIRATORY PROTECTIVE DEVICES</HD>
          </PART>
          <AMDPAR>1. The authority citation for part 84 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>29 U.S.C. 577a, 651<E T="03">et seq.,</E>and 657(g); 30 U.S.C. 3, 5, 7, 811, 842(h), 844.</P>
          </AUTH>
          
        </REGTEXT>
        <REGTEXT PART="84" TITLE="42">
          <AMDPAR>2. In § 84.83, revise paragraph (f) to read as follows:</AMDPAR>
          <SECTION>
            <SECTNO>§ 84.83</SECTNO>
            <SUBJECT>Timers; elapsed time indicators; remaining service life indicators; minimum requirements.</SUBJECT>
            <STARS/>
            <P>(f) Each remaining service-life indicator or warning device must give an alarm when the remaining service life is reduced to a minimum of 25 percent of its rated service time or any higher minimum percent value or values as specified in the approval. Open-circuit demand and pressure-demand respirators must alarm continuously until depletion of the breathing air supply. The percent value set for indicator activation must be identified by labels and/or markings on each respirator unit.</P>
          </SECTION>
        </REGTEXT>
        <SIG>
          <DATED>Dated: December 28, 2012.</DATED>
          <NAME>Kathleen Sebelius,</NAME>
          <TITLE>Secretary.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00371 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4163-18-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
        <SUBAGY>Federal Emergency Management Agency</SUBAGY>
        <CFR>44 CFR Part 64</CFR>
        <DEPDOC>[Docket ID FEMA-2012-0003; Internal Agency Docket No. FEMA-8265]</DEPDOC>
        <SUBJECT>Suspension of Community Eligibility</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Emergency Management Agency, DHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the<E T="04">Federal Register</E>on a subsequent date. Also, information identifying the current participation status of a community can be obtained from FEMA's Community Status Book (CSB). The CSB is available at<E T="03">http://www.fema.gov/fema/csb.shtm.</E>
          </P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>The effective date of each community's scheduled suspension is the third date (“Susp.”) listed in the third column of the following tables.</P>
        </EFFDATE>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION:</HD>
          <P>If you want to determine whether a particular community was suspended on the suspension date or for further information, contact David Stearrett, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2953.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>The NFIP enables property owners to purchase Federal flood insurance that is not otherwise generally available from private insurers. In return, communities agree to adopt and administer local floodplain management measures aimed at protecting lives and new construction from future flooding. Section 1315 of the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale of NFIP flood insurance unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed in this document no longer meet that statutory requirement for compliance with program regulations, 44 CFR part 59. Accordingly, the communities will be suspended on the effective date in the third column. As of that date, flood insurance will no longer be available in the community. We recognize that some of these communities may adopt and submit the required documentation of legally enforceable floodplain management measures after this rule is published but prior to the actual suspension date. These communities will not be suspended and will continue to be eligible for the sale of NFIP flood insurance. A notice withdrawing the suspension of such communities will be published in the<E T="04">Federal Register.</E>
        </P>
        <P>In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that identifies the Special Flood Hazard Areas (SFHAs) in these communities. The date of the FIRM, if one has been published, is indicated in the fourth column of the table. No direct Federal financial assistance (except assistance pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in connection with a flood) may be provided for construction or acquisition of buildings in identified SFHAs for communities not participating in the NFIP and identified for more than a year on FEMA's initial FIRM for the community as having flood-prone areas (section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against certain types of Federal assistance becomes effective for the communities listed on the date shown in the last column. The Administrator finds that notice and public comment procedures under 5 U.S.C. 553(b), are impracticable and unnecessary because communities listed in this final rule have been adequately notified.</P>
        <P>Each community receives 6-month, 90-day, and 30-day notification letters addressed to the Chief Executive Officer stating that the community will be suspended unless the required floodplain management measures are met prior to the effective suspension date. Since these notifications were made, this final rule may take effect within less than 30 days.</P>
        <P>
          <E T="03">National Environmental Policy Act.</E>This rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Considerations. No environmental impact assessment has been prepared.</P>
        <P>
          <E T="03">Regulatory Flexibility Act.</E>The Administrator has determined that this<PRTPAGE P="2623"/>rule is exempt from the requirements of the Regulatory Flexibility Act because the National Flood Insurance Act of 1968, as amended, Section 1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed no longer comply with the statutory requirements, and after the effective date, flood insurance will no longer be available in the communities unless remedial action takes place.</P>
        <P>
          <E T="03">Regulatory Classification.</E>This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735.</P>
        <P>
          <E T="03">Executive Order 13132, Federalism.</E>This rule involves no policies that have federalism implications under Executive Order 13132.</P>
        <P>
          <E T="03">Executive Order 12988, Civil Justice Reform.</E>This rule meets the applicable standards of Executive Order 12988.</P>
        <P>
          <E T="03">Paperwork Reduction Act.</E>This rule does not involve any collection of information for purposes of the Paperwork Reduction Act, 44 U.S.C. 3501<E T="03">et seq.</E>
        </P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 44 CFR Part 64</HD>
          <P>Flood insurance, Floodplains.</P>
        </LSTSUB>
        <P>Accordingly, 44 CFR part 64 is amended as follows:</P>
        <REGTEXT PART="64" TITLE="44">
          <PART>
            <HD SOURCE="HED">PART 64—[AMENDED]</HD>
          </PART>
          <AMDPAR>1. The authority citation for part 64 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>42 U.S.C. 4001<E T="03">et seq.;</E>Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp.; p. 376.</P>
          </AUTH>
        </REGTEXT>
        <REGTEXT PART="64" TITLE="44">
          <SECTION>
            <SECTNO>§ 64.6</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
          </SECTION>
          <AMDPAR>2. The tables published under the authority of § 64.6 are amended as follows:</AMDPAR>
          <GPOTABLE CDEF="s50,11,xl50,xs60,xs60" COLS="5" OPTS="L2,tp0,i1">
            <TTITLE/>
            <BOXHD>
              <CHED H="1">State and location</CHED>
              <CHED H="1">Community<LI>No.</LI>
              </CHED>
              <CHED H="1">Effective date authorization/cancellation of sale of flood insurance in community</CHED>
              <CHED H="1">Current effective<LI>map date</LI>
              </CHED>
              <CHED H="1">Date certain Federal assistance no longer available in SFHAs</CHED>
            </BOXHD>
            <ROW>
              <ENT I="21">
                <E T="02">Region I</E>
              </ENT>
            </ROW>
            
            <ROW>
              <ENT I="22">Connecticut:</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Clinton, Town of, Middlesex County</ENT>
              <ENT>090061</ENT>
              <ENT>March 2, 1973, Emerg; September 30, 1980, Reg; February 6, 2013, Susp.</ENT>
              <ENT>Feb. 6, 2013</ENT>
              <ENT>Feb. 6, 2013.</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Essex, Town of, Middlesex County</ENT>
              <ENT>090065</ENT>
              <ENT>February 9, 1973, Emerg; July 16, 1980, Reg; February 6, 2013, Susp.</ENT>
              <ENT>......do*</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Fenwick, Borough of, Middlesex County</ENT>
              <ENT>090187</ENT>
              <ENT>July 10, 1979, Emerg; July 10, 1979, Reg; February 6, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Killingworth, Town of, Middlesex County</ENT>
              <ENT>090174</ENT>
              <ENT>July 15, 1975, Emerg; March 15, 1982, Reg; February 6, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Old Saybrook, Town of, Middlesex County</ENT>
              <ENT>090069</ENT>
              <ENT>March 31, 1972, Emerg; July 3, 1978, Reg; February 6, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Westbrook, Town of, Middlesex County</ENT>
              <ENT>090070</ENT>
              <ENT>March 9, 1973, Emerg; December 1, 1982, Reg; February 6, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="21">
                <E T="02">Region III</E>
              </ENT>
            </ROW>
            
            <ROW>
              <ENT I="22">West Virginia:</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Clay County, Unincorporated Areas.</ENT>
              <ENT>540022</ENT>
              <ENT>July 24, 1975, Emerg; March 18, 1991, Reg; February 6, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Clay, Town of, Clay County</ENT>
              <ENT>540023</ENT>
              <ENT>March 25, 1975, Emerg; March 18, 1991, Reg; February 6, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="21">
                <E T="02">Region IV</E>
              </ENT>
            </ROW>
            
            <ROW>
              <ENT I="22">Georgia:</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Grantville, City of, Coweta County</ENT>
              <ENT>130443</ENT>
              <ENT>N/A, Emerg; June 26, 2006, Reg; February 6, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Moreland, Town of, Coweta County</ENT>
              <ENT>130300</ENT>
              <ENT>December 16, 1976, Emerg; September 27, 1985, Reg; February 6, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Newnan, City of, Coweta County</ENT>
              <ENT>130062</ENT>
              <ENT>May 12, 1975, Emerg; November 15, 1978, Reg; February 6, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Senoia, City of, Coweta County</ENT>
              <ENT>130301</ENT>
              <ENT>December 15, 1986, Emerg; July 1, 1987, Reg; February 6, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Turin, Town of, Coweta County</ENT>
              <ENT>130475</ENT>
              <ENT>N/A, Emerg; June 26, 2006, Reg; February 6, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="22">South Carolina:</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Darlington, City of, Darlington County</ENT>
              <ENT>450061</ENT>
              <ENT>April 29, 1975, Emerg; July 1, 1991, Reg; February 6, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Darlington County, Unincorporated Areas</ENT>
              <ENT>450060</ENT>
              <ENT>May 15, 1989, Emerg; June 3, 1991, Reg; February 6, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Hartsville, City of, Darlington County</ENT>
              <ENT>450062</ENT>
              <ENT>June 20, 1975, Emerg; September 1, 1987, Reg; February 6, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Lamar, Town of, Darlington County</ENT>
              <ENT>450063</ENT>
              <ENT>June 16, 1995, Emerg; February 1, 2002, Reg;<LI>February 6, 2013, Susp.</LI>
              </ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="22">Tennessee:</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Arlington, Township of, Shelby County</ENT>
              <ENT>470262</ENT>
              <ENT>September 10, 1981, Emerg; September 10, 1981, Reg; February 6, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Bartlett, City of, Shelby County</ENT>
              <ENT>470175</ENT>
              <ENT>December 28, 1973, Emerg; June 15, 1981, Reg; February 6, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Collierville, Town of, Shelby County</ENT>
              <ENT>470263</ENT>
              <ENT>September 29, 1975, Emerg; September 30, 1981, Reg; February 6, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <PRTPAGE P="2624"/>
              <ENT I="03">Germantown, City of, Shelby County</ENT>
              <ENT>470353</ENT>
              <ENT>October 1, 1975, Emerg; January 20, 1982, Reg; February 6, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Lakeland, City of, Shelby County</ENT>
              <ENT>470402</ENT>
              <ENT>N/A, Emerg; June 20, 2002, Reg; February 6, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Memphis, City of, Shelby County</ENT>
              <ENT>470177</ENT>
              <ENT>August 23, 1974, Emerg; December 1, 1982, Reg; February 6, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Millington, City of, Shelby County</ENT>
              <ENT>470178</ENT>
              <ENT>November 1, 1974, Emerg; March 16, 1981, Reg; February 6, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Shelby County, Unincorporated Areas</ENT>
              <ENT>470214</ENT>
              <ENT>May 15, 1974, Emerg; December 1, 1982, Reg; February 6, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="21">
                <E T="02">Region V</E>
              </ENT>
            </ROW>
            
            <ROW>
              <ENT I="22">Indiana:</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Attica, City of, Fountain County</ENT>
              <ENT>180065</ENT>
              <ENT>July 28, 1975, Emerg; September 1, 1988, Reg; February 6, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Covington, City of, Fountain County</ENT>
              <ENT>180066</ENT>
              <ENT>July 1, 1975, Emerg; September 1, 1988, Reg; February 6, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Fountain County, Unincorporated Areas</ENT>
              <ENT>180064</ENT>
              <ENT>December 21, 1978, Emerg; November 1, 2001, Reg; February 6, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Hillsboro, Town of, Fountain County</ENT>
              <ENT>180328</ENT>
              <ENT>June 29, 1976, Emerg; June 8, 1984, Reg; February 6, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="21">
                <E T="02">Region VII</E>
              </ENT>
            </ROW>
            <ROW>
              <ENT I="22">Iowa:</ENT>
            </ROW>
            <ROW>
              <ENT I="03">McIntire, City of, Mitchell County</ENT>
              <ENT>190458</ENT>
              <ENT>December 8, 2000, Emerg; May 1, 2011, Reg; February 6, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Mitchell County, Unincorporated Areas</ENT>
              <ENT>190892</ENT>
              <ENT>January 8, 1999, Emerg; March 1, 2000, Reg; February 6, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Stacyville, City of, Mitchell County</ENT>
              <ENT>190461</ENT>
              <ENT>February 18, 2011, Emerg; N/A, Reg; February 6, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="21">
                <E T="02">Region VIII</E>
              </ENT>
            </ROW>
            <ROW>
              <ENT I="22">Colorado:</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Berthoud, Town of, Larimer County</ENT>
              <ENT>080296</ENT>
              <ENT>October 28, 1977, Emerg; May 26, 1978, Reg;<LI>February 6, 2013, Susp.</LI>
              </ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Larimer County, Unincorporated Areas</ENT>
              <ENT>080101</ENT>
              <ENT>July 2, 1974, Emerg; April 2, 1979, Reg; February 6, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Loveland, City of, Larimer County</ENT>
              <ENT>080103</ENT>
              <ENT>September 18, 1975, Emerg; September 1, 1978, Reg; February 6, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="22">Montana:</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Lake County, Unincorporated Areas</ENT>
              <ENT>300155</ENT>
              <ENT>April 19, 1978, Emerg; December 17, 1987, Reg; February 6, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Polson, City of, Lake County</ENT>
              <ENT>300119</ENT>
              <ENT>N/A, Emerg; January 15, 1999, Reg; February 6, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Ronan, City of, Lake County</ENT>
              <ENT>300122</ENT>
              <ENT>May 16, 1986, Emerg; December 17, 1987, Reg; February 6, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Saint Ignatius, Town of, Lake County</ENT>
              <ENT>300123</ENT>
              <ENT>N/A, Emerg; May 8, 1997, Reg; February 6, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <TNOTE>* -do- =Ditto.</TNOTE>
            <TNOTE>Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.</TNOTE>
          </GPOTABLE>
        </REGTEXT>
        <SIG>
          <DATED>Dated: January 2, 2013.</DATED>
          <NAME>David L. Miller,</NAME>
          <TITLE>Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00526 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 9110-12-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
        <SUBAGY>Federal Emergency Management Agency</SUBAGY>
        <CFR>44 CFR Part 64</CFR>
        <DEPDOC>[Docket ID FEMA-2012-0003; Internal Agency Docket No. FEMA-8263]</DEPDOC>
        <SUBJECT>Suspension of Community Eligibility</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Emergency Management Agency, DHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the<E T="04">Federal Register</E>on a subsequent date. Also, information<PRTPAGE P="2625"/>identifying the current participation status of a community can be obtained from FEMA's Community Status Book (CSB). The CSB is available at<E T="03">http://www.fema.gov/fema/csb.shtm.</E>
          </P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Effective Dates:</E>The effective date of each community's scheduled suspension is the third date (“Susp.”) listed in the third column of the following tables.</P>
        </EFFDATE>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>If you want to determine whether a particular community was suspended on the suspension date or for further information, contact David Stearrett, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2953.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>The NFIP enables property owners to purchase Federal flood insurance that is not otherwise generally available from private insurers. In return, communities agree to adopt and administer local floodplain management measures aimed at protecting lives and new construction from future flooding. Section 1315 of the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale of NFIP flood insurance unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed in this document no longer meet that statutory requirement for compliance with program regulations, 44 CFR part 59. Accordingly, the communities will be suspended on the effective date in the third column. As of that date, flood insurance will no longer be available in the community. We recognize that some of these communities may adopt and submit the required documentation of legally enforceable floodplain management measures after this rule is published but prior to the actual suspension date. These communities will not be suspended and will continue to be eligible for the sale of NFIP flood insurance. A notice withdrawing the suspension of such communities will be published in the<E T="04">Federal Register</E>.</P>
        <P>In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that identifies the Special Flood Hazard Areas (SFHAs) in these communities. The date of the FIRM, if one has been published, is indicated in the fourth column of the table. No direct Federal financial assistance (except assistance pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in connection with a flood) may be provided for construction or acquisition of buildings in identified SFHAs for communities not participating in the NFIP and identified for more than a year on FEMA's initial FIRM for the community as having flood-prone areas (section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against certain types of Federal assistance becomes effective for the communities listed on the date shown in the last column. The Administrator finds that notice and public comment procedures under 5 U.S.C. 553(b), are impracticable and unnecessary because communities listed in this final rule have been adequately notified.</P>
        <P>Each community receives 6-month, 90-day, and 30-day notification letters addressed to the Chief Executive Officer stating that the community will be suspended unless the required floodplain management measures are met prior to the effective suspension date. Since these notifications were made, this final rule may take effect within less than 30 days.</P>
        <P>
          <E T="03">National Environmental Policy Act.</E>This rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Considerations. No environmental impact assessment has been prepared.</P>
        <P>
          <E T="03">Regulatory Flexibility Act.</E>The Administrator has determined that this rule is exempt from the requirements of the Regulatory Flexibility Act because the National Flood Insurance Act of 1968, as amended, Section 1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed no longer comply with the statutory requirements, and after the effective date, flood insurance will no longer be available in the communities unless remedial action takes place.</P>
        <P>
          <E T="03">Regulatory Classification.</E>This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735.</P>
        <P>
          <E T="03">Executive Order 13132, Federalism.</E>This rule involves no policies that have federalism implications under Executive Order 13132.</P>
        <P>
          <E T="03">Executive Order 12988, Civil Justice Reform.</E>This rule meets the applicable standards of Executive Order 12988.</P>
        <P>
          <E T="03">Paperwork Reduction Act.</E>This rule does not involve any collection of information for purposes of the Paperwork Reduction Act, 44 U.S.C. 3501<E T="03">et seq.</E>
        </P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 44 CFR Part 64</HD>
          <P>Flood insurance, Floodplains.</P>
        </LSTSUB>
        
        <P>Accordingly, 44 CFR part 64 is amended as follows:</P>
        <REGTEXT PART="64" TITLE="44">
          <PART>
            <HD SOURCE="HED">PART 64—[AMENDED]</HD>
          </PART>
          <AMDPAR>1. The authority citation for part 64 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>42 U.S.C. 4001<E T="03">et seq.;</E>Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp.; p. 376.</P>
          </AUTH>
        </REGTEXT>
        <REGTEXT PART="64" TITLE="44">
          <SECTION>
            <SECTNO>§ 64.6</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
          </SECTION>
          <AMDPAR>2. The tables published under the authority of § 64.6 are amended as follows:</AMDPAR>
          <GPOTABLE CDEF="s50,11,xl50,xs60,xs60" COLS="5" OPTS="L2,tp0,i1">
            <TTITLE/>
            <BOXHD>
              <CHED H="1">State and location</CHED>
              <CHED H="1">Community<LI>No.</LI>
              </CHED>
              <CHED H="1">Effective date authorization/cancellation of<LI>sale of flood insurance in community</LI>
              </CHED>
              <CHED H="1">Current effective<LI>map date</LI>
              </CHED>
              <CHED H="1">Date certain<LI>Federal assistance no longer</LI>
                <LI>available in</LI>
                <LI>SFHAs</LI>
              </CHED>
            </BOXHD>
            <ROW>
              <ENT I="21">
                <E T="02">Region V</E>
              </ENT>
            </ROW>
            
            <ROW>
              <ENT I="22">Michigan:</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Edenville, Township of, Midland County</ENT>
              <ENT>260850</ENT>
              <ENT>N/A, Emerg; June 4, 2009, Reg; Jan.uary 16, 2013, Susp.</ENT>
              <ENT>Jan. 16, 2013</ENT>
              <ENT>Jan. 16, 2013.</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Greendale, Township of, Midland County</ENT>
              <ENT>260870</ENT>
              <ENT>March 13, 2009, Emerg; May 4, 2009, Reg; January 16, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Jerome, Township of, Midland County</ENT>
              <ENT>260853</ENT>
              <ENT>October 20, 2008, Emerg; May 4, 2009, Reg; January 16, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Lee, Township of, Midland County</ENT>
              <ENT>260855</ENT>
              <ENT>N/A, Emerg; December 30, 2009, Reg; January 16, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <PRTPAGE P="2626"/>
              <ENT I="03">Lincoln, Township of, Midland County</ENT>
              <ENT>260856</ENT>
              <ENT>N/A, Emerg; May 24, 2012, Reg; January 16, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Sanford, Village of, Midland County</ENT>
              <ENT>260859</ENT>
              <ENT>N/A, Emerg; August 11, 2009, Reg; January 16, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            
            <ROW>
              <ENT I="21">
                <E T="02">Region VII</E>
              </ENT>
            </ROW>
            
            <ROW>
              <ENT I="22">Iowa:</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Riverside, City of, Washington County</ENT>
              <ENT>190648</ENT>
              <ENT>May 6, 1981, Emerg; August 1, 1986, Reg; January 16, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Wellman, City of, Washington County</ENT>
              <ENT>190276</ENT>
              <ENT>September 18, 1995, Emerg; October 6, 2000, Reg; January 16, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="22">Missouri:</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Marshall, City of, Saline County</ENT>
              <ENT>290403</ENT>
              <ENT>March 24, 1975, Emerg; November 4, 1988, Reg; January 16, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Saline County, Unincorporated Areas</ENT>
              <ENT>290834</ENT>
              <ENT>May 1, 1984, Emerg; April 1, 1989, Reg; January 16, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Slater, City of, Saline County</ENT>
              <ENT>290406</ENT>
              <ENT>July 22, 1975, Emerg; September 10, 1984, Reg; January 16, 2013, Susp.</ENT>
              <ENT>......do</ENT>
              <ENT>Do.</ENT>
            </ROW>
            <TNOTE>* -do- =Ditto.</TNOTE>
            <TNOTE>Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.</TNOTE>
          </GPOTABLE>
        </REGTEXT>
        <SIG>
          <DATED>Dated: December 21, 2012.</DATED>
          <NAME>David L. Miller,</NAME>
          <TITLE>Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00502 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 9110-12-P</BILCOD>
    </RULE>
  </RULES>
  <VOL>78</VOL>
  <NO>9</NO>
  <DATE>Monday, January 14, 2013</DATE>
  <UNITNAME>Proposed Rules</UNITNAME>
  <PRORULES>
    <PRORULE>
      <PREAMB>
        <PRTPAGE P="2627"/>
        <AGENCY TYPE="F">DEPARTMENT OF AGRICULTURE</AGENCY>
        <SUBAGY>Grain Inspection, Packers and Stockyards Administration</SUBAGY>
        <CFR>7 CFR Part 800</CFR>
        <RIN>RIN 0580-AB13</RIN>
        <SUBJECT>Fees for Official Inspection and Official Weighing Services Under the United States Grain Standards Act (USGSA)</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Grain Inspection Packers and Stockyards Administration, USDA.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Proposed rule.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Department of Agriculture (USDA), Grain Inspection, Packers and Stockyards Administration (GIPSA) is proposing several changes to the fee schedule for official inspection and weighing services performed under the United States Grain Standards Act (USGSA), as amended. The USGSA provides GIPSA's Federal Grain Inspection Service (FGIS) with the authority to charge and collect reasonable fees to cover the cost of performing official services. These fees also cover the costs associated with managing the program.</P>
          <P>After a financial review of GIPSA's Fees for Official Inspection and Weighing Services, including a comparison of the costs and revenues associated with official inspection and weighing services, GIPSA is proposing to revise local and national tonnage fees (assessed in addition to all other applicable fees) for all export grain shipments serviced by GIPSA field offices.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments must be received on or before February 13, 2013.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>You may submit your written or electronic comments on this proposed rule to:</P>
          <P>•<E T="03">Federal eRulemaking Portal:</E>Go to<E T="03">http://www.regulations.gov</E>and follow the online instructions for submitting comments.</P>
          <P>•<E T="03">Mail, hand deliver, or courier to:</E>Dexter Thomas, GIPSA, USDA, 1400 Independence Avenue SW. room 2526-S, Washington, DC 20250-3642.</P>
          <P>•<E T="03">Fax:</E>(202) 690-2173.</P>
          <P>
            <E T="03">Instructions:</E>All comments will become a matter of public record and should be identified as “GIPSA inspection and weighing fees proposed rule comments,” making reference to the date and page number of this issue of the<E T="04">Federal Register</E>. All comments received become the property of the Federal government, are made a part of the public record, and will generally be posted to<E T="03">www.regulations.gov</E>without change. If you send a comment directly to GIPSA without going through<E T="03">www.regulations.gov</E>, or you submit a comment to GIPSA via fax, the originating address or telephone number will be captured automatically and included as part of the comment that is placed in the public docket and made available on the Internet. Also, all personal identifying information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information.</P>
          <P>Electronic submissions should avoid the use of special characters, avoid any form of encryption, and be free of any defects or viruses, since these may prevent GIPSA from being able to read and understand, and thus consider your comment.</P>
          <P>All comments will also be available for public inspection at the above address during regular business hours (7 CFR 1.27(b)). Please call the GIPSA Management and Budget Services staff (202) 720-6529 for an appointment to view the comments.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Eric J. Jabs, USDA-GIPSA-FGIS-QACD, 10383 N Ambassador Drive, Kansas City, Missouri 64153; Telephone: (816) 659-8408; Fax Number: (816) 872-1257; Email:<E T="03">Eric.J.Jabs@usda.gov</E>.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Background</HD>
        <P>The USGSA (7 U.S.C. 71-87k) authorizes GIPSA to provide official grain inspection and weighing services, and to charge and collect reasonable fees for performing these services. The fees collected are to cover, as nearly as practicable, GIPSA's costs for performing these services, including associated administrative and supervisory costs.</P>
        <P>The fees for official inspection and weighing services were last amended on May 13, 2004, and became effective on June 14, 2004 (69 FR 26476). After considering several alternatives in 2004, GIPSA adopted a fee structure to cover program-related costs based on a projected average tonnage of export grain inspected and/or weighed. This fee structure was adopted so that local export facilities financially support their field office administrative costs by evaluating field offices independently and encouraging FGIS customers to work directly with each field office to maximize grain handling efficiencies while raising the awareness of location program costs. In addition, national costs are collected regardless of where the grain is exported by assessing an identical fee to each field office to cover every ton of export grain inspected and/or weighed. This action was also taken to foster the further development and implementation of grain handling efficiencies by grain companies, to reduce the cost of GIPSA official grain inspection and weighing services, and to make GIPSA program costs more transparent to the grain industry.</P>

        <P>When GIPSA established the current fee structure in 2004, GIPSA developed a fee rate to collect sufficient revenue to immediately cover operating expenses, while striving to create an operating reserve by fiscal year 2010. This fee structure was designed to collect sufficient revenue through fiscal year 2007 to achieve an average $1,000,000 balance annually. When GIPSA established the tonnage fees, certain assumptions were made to establish those fees, including the historic volume of grain moving through U.S. export facilities, and export projections. At the time, GIPSA assumed that the inspection volume would be based on 80 million metric tons (MMT) of grain exports inspected and/or weighed per year. The inspection volume, however, has fallen well short of the 80 MMT baseline, resulting in a revenue shortfall, precluding the maintenance of an operating reserve. For fiscal years 2006 to 2011, GIPSA inspected an average of 78.0 MMT of export grain. However, in fiscal year 2012, GIPSA only inspected 64.2 MMT, and expects to inspect 59.8 MMT during fiscal year<PRTPAGE P="2628"/>2013 and an average of 65.0 MMT for fiscal years 2014 to 2017.</P>
        <P>GIPSA regularly reviews its user-fee programs to determine if the fees adequately cover the costs of program delivery. While GIPSA continuously seeks to reduce its operating costs, GIPSA has determined that the existing fee structure will not generate sufficient revenue to cover program costs through fiscal year 2017.</P>
        <P>In fiscal year 2009, GIPSA's official inspection and weighing services program revenue was $31.2 million with program costs of $33.3 million, resulting in a $2.1 million program deficit. In fiscal year 2010, GIPSA revenue was $36.9 million with costs of $35.5 million, resulting in a $1.4 million margin. In fiscal year 2011, GIPSA revenue was $37.7 million with costs of $36.6 million, resulting in a $1.1 million margin. In fiscal year 2012, revenue is projected at $28.7 million and costs at $35.1 million, resulting in a projected $6.4 million program deficit. Program costs for fiscal years 2013 to 2017 are projected at $35.1 million. The costs include employee salaries and benefits including estimated annual cost of living adjustments, and future costs to replace and maintain aging program equipment in GIPSA offices. These fees also cover GIPSA's administrative and supervisory costs for the performance of GIPSA's official inspection and weighing services, including personnel compensation and benefits, travel, rent, communications, utilities, contractual services, supplies, and equipment. Given the above discussion, GIPSA believes that the current fee structure will not fully fund the delivery of GIPSA's official inspection and weighing services in future fiscal years and will result in program deficits.</P>
        <P>After reviewing the fees for official inspection and weighing services, including a comparison of the costs and revenue associated with official inspection and weighing services, and assessing how GIPSA accounts for workers compensation costs at the local and national levels, GIPSA proposes to change local and national tonnage fees (assessed in addition to all other applicable fees) for all export grain shipments serviced by GIPSA field offices. GIPSA proposes to increase local tonnage fees in fiscal year 2013 for 1) League City, Texas from $0.115 to $0.125 per metric ton; 2) New Orleans, Louisiana from $0.015 to $0.033 per metric ton; 3) Portland, Oregon from $0.084 to $0.124 per metric ton and; 4) Toledo, Ohio from $0.132 to $0.233 per metric ton.</P>
        <P>GIPSA proposes to increase the national tonnage fee approximately 5 percent in fiscal year 2013 from $0.052 to $0.055 per metric ton of export grain inspected and/or weighed and approximately 2 percent per year for fiscal years 2014 to 2017. In addition, workers compensation costs would be shifted from the national to the local level in order to fully reflect where those program costs originate. In response to the Grain Inspection Advisory Committee resolution in November 2010, stating that GIPSA should establish an equitable tonnage fee for all export tonnage utilizing the official system, GIPSA would also begin charging the national tonnage fee of $0.055 per metric ton on export grain inspected and/or weighed (excluding land carrier shipments to Canada and Mexico) from delegated States and designated agencies. Currently, delegated States and designated agencies pay only a supervision fee of $0.011 per metric ton on export grain officially inspected and/or weighed as found in the current fee structure (see Schedule C of § 800.71 of the USGSA regulations).</P>
        <P>GIPSA would also revise the fee structure for official inspection and weighing services performed in Canada, which currently appear in Schedule B of § 800.71 of the USGSA regulations. As a result, the separate unit fees for official inspection and weighing services performed in Canada would be changed to the prevailing U.S. non-contract rate, plus the prevailing Toledo field office tonnage fee, plus the actual cost of travel. GIPSA would further replace the “Vomitoxin Qualitative” and “Vomitoxin Quantitative” fees with one fee, “All other Mycotoxins,” in order to simplify the fee schedule for the testing of mycotoxins, other than aflatoxin. GIPSA also created separate fees for applicants that provide test kits for aflatoxin and all other mycotoxin testing. The existing fee structure in Schedule B would be deleted and the existing Schedule C fee structure would become Schedule B.</P>
        <P>While GIPSA's proposed fee increase in fiscal year 2013 is projected to increase program revenue in fiscal year 2013, the proposed fee increase would not provide sufficient revenue through fiscal year 2017. As stated previously, GIPSA believes that an initial increase in fees followed by annual incremental increases is the appropriate course to mitigate the effects that a larger one-time fee increase would have on our customers. GIPSA's financial projections indicate that implementing the proposed fee increase would allow the official inspection and weighing services to recover its costs and build an operating reserve.</P>
        <P>Fees for foreign travel would be changed from the current daily rate of $510.00 to the established hourly fee for special projects, plus the actual cost of travel, per diem, and related expenditures. All remaining fees (except fees for FGIS supervision of domestic official inspection and weighing services, including land carrier shipments to Canada and Mexico, performed by delegated States and/or designated agencies) would be increased approximately 5 percent for fiscal year 2013 and approximately 2 percent for fiscal years 2014 to 2017 to cover projected costs.</P>
        <P>Tables 1, 2, and 3 below compare current fees and charges found in Schedule A of § 800.71(a) of the regulations under the USGSA (7 CFR 800.71(a)) with fee increases proposed to take effect on May 1, 2013; October 1, 2013; October 1, 2014, October 1, 2015; and October 1, 2016. Program fees in Table 1 show the combined national and local tonnage fee for field offices and the national tonnage fee for delegated states and designated agencies.</P>
        <GPOTABLE CDEF="s35,r65,12,12,12,12,12,12" COLS="8" OPTS="L2,p7,7/8,i1">
          <TTITLE>Table 1—Fees for Official Services Performed at an Applicant's Facility in an Onsite FGIS Laboratory</TTITLE>
          <BOXHD>
            <CHED H="1">Service</CHED>
            <CHED H="1">Service description</CHED>
            <CHED H="1">Current fees and charges</CHED>
            <CHED H="1">Proposed fees and charges<LI>FY 2013</LI>
            </CHED>
            <CHED H="1">Proposed fees and charges<LI>FY 2014</LI>
            </CHED>
            <CHED H="1">Proposed fees and charges<LI>FY 2015</LI>
            </CHED>
            <CHED H="1">Proposed fees and charges<LI>FY 2016</LI>
            </CHED>
            <CHED H="1">Proposed fees and charges<LI>FY 2017</LI>
            </CHED>
          </BOXHD>
          <ROW EXPSTB="07" RUL="s">
            <ENT I="21">
              <E T="02">Hourly Rates</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">One-Year Contract</ENT>
            <ENT>Monday-Friday (6 a.m. to 6 p.m.)</ENT>
            <ENT>$36.00/hour</ENT>
            <ENT>$37.80/hour</ENT>
            <ENT>$38.60/hour</ENT>
            <ENT>$39.40/hour</ENT>
            <ENT>$40.20/hour</ENT>
            <ENT>$41.10/hour</ENT>
          </ROW>
          <ROW>
            <ENT I="22"/>
            <ENT>Monday-Friday (6 p.m. to 6 a.m.)</ENT>
            <ENT>$37.60/hour</ENT>
            <ENT>$39.50/hour</ENT>
            <ENT>$40.30/hour</ENT>
            <ENT>$41.20/hour</ENT>
            <ENT>$42.10/hour</ENT>
            <ENT>$43.00/hour</ENT>
          </ROW>
          <ROW>
            <ENT I="22"/>
            <ENT>Saturday, Sunday, overtime</ENT>
            <ENT>$43.00/hour</ENT>
            <ENT>$45.20/hour</ENT>
            <ENT>$46.20/hour</ENT>
            <ENT>$47.20/hour</ENT>
            <ENT>$48.20/hour</ENT>
            <ENT>$49.20/hour</ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="22"/>
            <ENT>Holiday</ENT>
            <ENT>$64.00/hour</ENT>
            <ENT>$67.20/hour</ENT>
            <ENT>$68.60/hour</ENT>
            <ENT>$70.00/hour</ENT>
            <ENT>$71.40/hour</ENT>
            <ENT>$72.90/hour</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Non-Contract</ENT>
            <ENT>Monday-Friday (6 a.m. to 6 p.m.)</ENT>
            <ENT>$64.00/hour</ENT>
            <ENT>$67.20/hour</ENT>
            <ENT>$68.60/hour</ENT>
            <ENT>$70.00/hour</ENT>
            <ENT>$71.40/hour</ENT>
            <ENT>$72.90/hour</ENT>
          </ROW>
          <ROW>
            <ENT I="22"/>
            <ENT>Monday-Friday (6 p.m. to 6 a.m.)</ENT>
            <ENT>$64.00/hour</ENT>
            <ENT>$67.20/hour</ENT>
            <ENT>$68.60/hour</ENT>
            <ENT>$70.00/hour</ENT>
            <ENT>$71.40/hour</ENT>
            <ENT>$72.90/hour</ENT>
          </ROW>
          <ROW>
            <PRTPAGE P="2629"/>
            <ENT I="22"/>
            <ENT>Saturday, Sunday, overtime</ENT>
            <ENT>$64.00/hour</ENT>
            <ENT>$67.20/hour</ENT>
            <ENT>$68.60/hour</ENT>
            <ENT>$70.00/hour</ENT>
            <ENT>$71.40/hour</ENT>
            <ENT>$72.90/hour</ENT>
          </ROW>
          <ROW>
            <ENT I="22"/>
            <ENT>Holiday</ENT>
            <ENT>$64.00/hour</ENT>
            <ENT>$67.20/hour</ENT>
            <ENT>$68.60/hour</ENT>
            <ENT>$70.00/hour</ENT>
            <ENT>$71.40/hour</ENT>
            <ENT>$72.90/hour</ENT>
          </ROW>
        </GPOTABLE>
        <GPOTABLE CDEF="s100,12,12,12,12,12,12" COLS="7" OPTS="L2(0,,),ns,tp0,p0,7/8,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1"/>
            <CHED H="1"/>
            <CHED H="1"/>
            <CHED H="1"/>
            <CHED H="1"/>
            <CHED H="1"/>
            <CHED H="1"/>
          </BOXHD>
          <ROW EXPSTB="06" RUL="s">
            <ENT I="21">
              <E T="02">Additional Tests (cost per test, assessed in addition to the hourly rate)</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">Aflatoxin (rapid test kit method)</ENT>
            <ENT>$10.00</ENT>
            <ENT>$10.50</ENT>
            <ENT>$10.80</ENT>
            <ENT>$11.10</ENT>
            <ENT>$11.40</ENT>
            <ENT>$11.70</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Aflatoxin (rapid test kit method-applicant provides kit)</ENT>
            <ENT>NA</ENT>
            <ENT>$8.50</ENT>
            <ENT>$8.80</ENT>
            <ENT>$9.10</ENT>
            <ENT>$9.40</ENT>
            <ENT>$9.70</ENT>
          </ROW>
          <ROW>
            <ENT I="01">All other Mycotoxins (rapid test kit method)</ENT>
            <ENT>NA</ENT>
            <ENT>$19.50</ENT>
            <ENT>$19.90</ENT>
            <ENT>$20.30</ENT>
            <ENT>$20.80</ENT>
            <ENT>$21.30</ENT>
          </ROW>
          <ROW>
            <ENT I="01">All other Mycotoxins (rapid test kit method-applicant provides kit)</ENT>
            <ENT>NA</ENT>
            <ENT>$17.50</ENT>
            <ENT>$17.90</ENT>
            <ENT>$18.30</ENT>
            <ENT>$18.80</ENT>
            <ENT>$19.30</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Corn protein, oil, and starch (one or any combination)</ENT>
            <ENT>$2.25</ENT>
            <ENT>$2.40</ENT>
            <ENT>$2.50</ENT>
            <ENT>$2.60</ENT>
            <ENT>$2.70</ENT>
            <ENT>$2.80</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Soybean protein and oil (one or both)</ENT>
            <ENT>$2.25</ENT>
            <ENT>$2.40</ENT>
            <ENT>$2.50</ENT>
            <ENT>$2.60</ENT>
            <ENT>$2.70</ENT>
            <ENT>$2.80</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Wheat protein (per test)</ENT>
            <ENT>$2.25</ENT>
            <ENT>$2.40</ENT>
            <ENT>$2.50</ENT>
            <ENT>$2.60</ENT>
            <ENT>$2.70</ENT>
            <ENT>$2.80</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Waxy corn (per test)</ENT>
            <ENT>$2.25</ENT>
            <ENT>$2.40</ENT>
            <ENT>$2.50</ENT>
            <ENT>$2.60</ENT>
            <ENT>$2.70</ENT>
            <ENT>$2.80</ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="01">Fees for other tests not listed above</ENT>
            <ENT>Non-contract<LI>hourly rate</LI>
            </ENT>
            <ENT>Non-contract<LI>hourly rate</LI>
            </ENT>
            <ENT>Non-contract<LI>hourly rate</LI>
            </ENT>
            <ENT>Non-contract<LI>hourly rate</LI>
            </ENT>
            <ENT>Non-contract<LI>hourly rate</LI>
            </ENT>
            <ENT>Non-contract<LI>hourly rate</LI>
            </ENT>
          </ROW>
          <ROW EXPSTB="06" RUL="s">
            <ENT I="21">
              <E T="02">Class Y Weighing (per carrier)</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">Truck/Container</ENT>
            <ENT>$0.30</ENT>
            <ENT>$0.40</ENT>
            <ENT>$0.50</ENT>
            <ENT>$0.60</ENT>
            <ENT>$0.70</ENT>
            <ENT>$0.80</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Railcar</ENT>
            <ENT>$1.25</ENT>
            <ENT>$1.40</ENT>
            <ENT>$1.50</ENT>
            <ENT>$1.60</ENT>
            <ENT>$1.70</ENT>
            <ENT>$1.80</ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="01">Barge</ENT>
            <ENT>$2.50</ENT>
            <ENT>$2.70</ENT>
            <ENT>$2.80</ENT>
            <ENT>$2.90</ENT>
            <ENT>$3.00</ENT>
            <ENT>$3.10</ENT>
          </ROW>
          <ROW EXPSTB="06" RUL="s">
            <ENT I="21">
              <E T="02">Program Fees (Assessed on a per metric ton basis for all outbound carriers in addition to all other applicable fees. Only one program fee will be assessed when inspection and weighing services are performed on the same carrier.)</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">League City</ENT>
            <ENT>$0.167</ENT>
            <ENT>$0.180</ENT>
            <ENT>$0.184</ENT>
            <ENT>$0.188</ENT>
            <ENT>$0.192</ENT>
            <ENT>$0.196</ENT>
          </ROW>
          <ROW>
            <ENT I="01">New Orleans</ENT>
            <ENT>$0.067</ENT>
            <ENT>$0.088</ENT>
            <ENT>$0.090</ENT>
            <ENT>$0.092</ENT>
            <ENT>$0.094</ENT>
            <ENT>$0.096</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Portland</ENT>
            <ENT>$0.136</ENT>
            <ENT>$0.179</ENT>
            <ENT>$0.183</ENT>
            <ENT>$0.187</ENT>
            <ENT>$0.191</ENT>
            <ENT>$0.195</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Toledo</ENT>
            <ENT>$0.184</ENT>
            <ENT>$0.288</ENT>
            <ENT>$0.294</ENT>
            <ENT>$0.300</ENT>
            <ENT>$0.306</ENT>
            <ENT>$0.313</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Delegated States</ENT>
            <ENT>$0.011</ENT>
            <ENT>$0.055</ENT>
            <ENT>$0.057</ENT>
            <ENT>$0.059</ENT>
            <ENT>$0.061</ENT>
            <ENT>$0.063</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Designated Agencies</ENT>
            <ENT>$0.011</ENT>
            <ENT>$0.055</ENT>
            <ENT>$0.057</ENT>
            <ENT>$0.059</ENT>
            <ENT>$0.061</ENT>
            <ENT>$0.063</ENT>
          </ROW>
        </GPOTABLE>
        <GPOTABLE CDEF="s50,11,11,11,11,11,11" COLS="7" OPTS="L2,p1,8/9,i1">
          <TTITLE>Table 2—Services Performed at Other Than an Applicant's Facility in an FGIS Laboratory</TTITLE>
          <BOXHD>
            <CHED H="1"/>
            <CHED H="1"/>
            <CHED H="1"/>
            <CHED H="1"/>
            <CHED H="1"/>
            <CHED H="1"/>
            <CHED H="1"/>
          </BOXHD>
          <ROW EXPSTB="06">
            <ENT I="21">
              <E T="02">Original Inspection and Weighing (Class X Services)</E>
            </ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="21">
              <E T="02">Stationary lots (sampling, grade/factor, and checkloading)</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">Truck/trailer/container (per carrier)</ENT>
            <ENT>$20.00</ENT>
            <ENT>$21.00</ENT>
            <ENT>$21.50</ENT>
            <ENT>$22.00</ENT>
            <ENT>$22.50</ENT>
            <ENT>$23.00</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Railcar (per carrier)</ENT>
            <ENT>$29.70</ENT>
            <ENT>$31.20</ENT>
            <ENT>$31.90</ENT>
            <ENT>$32.60</ENT>
            <ENT>$33.30</ENT>
            <ENT>$34.00</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Barge (per carrier)</ENT>
            <ENT>$187.50</ENT>
            <ENT>$196.90</ENT>
            <ENT>$200.90</ENT>
            <ENT>$205.00</ENT>
            <ENT>$209.10</ENT>
            <ENT>$213.30</ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="01">Sacked grain (per hour per service representative plus an administrative fee per hundred weight)</ENT>
            <ENT>$0.04</ENT>
            <ENT>$0.05</ENT>
            <ENT>$0.06</ENT>
            <ENT>$0.07</ENT>
            <ENT>$0.08</ENT>
            <ENT>$0.09</ENT>
          </ROW>
          <ROW EXPSTB="06" RUL="s">
            <ENT I="21">
              <E T="02">Lots sampled online during loading (sampling charge at applicable hourly rate applies)</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">Truck/trailer/container (per carrier)</ENT>
            <ENT>$12.00</ENT>
            <ENT>$12.60</ENT>
            <ENT>$12.90</ENT>
            <ENT>$13.20</ENT>
            <ENT>$13.50</ENT>
            <ENT>$13.80</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Railcar (per carrier)</ENT>
            <ENT>$25.00</ENT>
            <ENT>$26.30</ENT>
            <ENT>$26.90</ENT>
            <ENT>$27.50</ENT>
            <ENT>$28.10</ENT>
            <ENT>$28.70</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Barge (per carrier)</ENT>
            <ENT>$128.10</ENT>
            <ENT>$134.60</ENT>
            <ENT>$137.30</ENT>
            <ENT>$140.10</ENT>
            <ENT>$143.00</ENT>
            <ENT>$145.90</ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="01">Sacked grain (per hour per service representative plus an administrative fee per hundred weight)</ENT>
            <ENT>$0.04</ENT>
            <ENT>$0.05</ENT>
            <ENT>$0.06</ENT>
            <ENT>$0.07</ENT>
            <ENT>$0.08</ENT>
            <ENT>$0.09</ENT>
          </ROW>
          <ROW EXPSTB="06" RUL="s">
            <ENT I="21">
              <E T="02">Other Services</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">Submitted sample (per sample-grade and factor)</ENT>
            <ENT>$12.00</ENT>
            <ENT>$12.60</ENT>
            <ENT>$12.90</ENT>
            <ENT>$13.20</ENT>
            <ENT>$13.50</ENT>
            <ENT>$13.80</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Warehouseman inspection (per sample)</ENT>
            <ENT>$21.00</ENT>
            <ENT>$22.10</ENT>
            <ENT>$22.60</ENT>
            <ENT>$23.10</ENT>
            <ENT>$23.60</ENT>
            <ENT>$24.10</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Factor only (per factor-maximum 2 factors)</ENT>
            <ENT>$5.70</ENT>
            <ENT>$6.00</ENT>
            <ENT>$6.20</ENT>
            <ENT>$6.40</ENT>
            <ENT>$6.60</ENT>
            <ENT>$6.80</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Check-loading/condition examination (Use hourly rates from Table 1, plus an administrative fee per hundred weight if not previously assessed.)</ENT>
            <ENT>$0.04</ENT>
            <ENT>$0.05</ENT>
            <ENT>$0.06</ENT>
            <ENT>$0.07</ENT>
            <ENT>$0.08</ENT>
            <ENT>$0.09</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Re-inspection (Grade and factor only. Sampling service additional)</ENT>
            <ENT>$13.00</ENT>
            <ENT>$13.70</ENT>
            <ENT>$14.00</ENT>
            <ENT>$14.30</ENT>
            <ENT>$14.60</ENT>
            <ENT>$14.90</ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="01">Class X Weighing (per hour per service representative)</ENT>
            <ENT>$64.00</ENT>
            <ENT>$67.20</ENT>
            <ENT>$68.60</ENT>
            <ENT>$70.00</ENT>
            <ENT>$71.40</ENT>
            <ENT>$72.90</ENT>
          </ROW>
          <ROW EXPSTB="06" RUL="s">
            <ENT I="21">
              <E T="02">Additional Tests (Excludes Sampling)</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">Aflatoxin (rapid test kit method)</ENT>
            <ENT>$30.00</ENT>
            <ENT>$31.50</ENT>
            <ENT>$32.20</ENT>
            <ENT>$32.90</ENT>
            <ENT>$33.60</ENT>
            <ENT>$34.30</ENT>
          </ROW>
          <ROW>
            <PRTPAGE P="2630"/>
            <ENT I="01">Aflatoxin (rapid test kit method-applicant provides kit)</ENT>
            <ENT>NA</ENT>
            <ENT>$29.50</ENT>
            <ENT>$30.20</ENT>
            <ENT>$30.90</ENT>
            <ENT>$31.60</ENT>
            <ENT>$32.30</ENT>
          </ROW>
          <ROW>
            <ENT I="01">All other Mycotoxins (rapid test kit method)</ENT>
            <ENT>NA</ENT>
            <ENT>$40.50</ENT>
            <ENT>$41.40</ENT>
            <ENT>$42.30</ENT>
            <ENT>$43.20</ENT>
            <ENT>$44.10</ENT>
          </ROW>
          <ROW>
            <ENT I="01">All other Mycotoxins (rapid test kit method-applicant provides kit)</ENT>
            <ENT>NA</ENT>
            <ENT>$38.50</ENT>
            <ENT>$39.40</ENT>
            <ENT>$40.30</ENT>
            <ENT>$41.20</ENT>
            <ENT>$42.10</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Barley Protein (per test)</ENT>
            <ENT>$10.00</ENT>
            <ENT>$10.50</ENT>
            <ENT>$10.80</ENT>
            <ENT>$11.10</ENT>
            <ENT>$11.40</ENT>
            <ENT>$11.70</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Corn protein, oil, and starch (one or any combination)</ENT>
            <ENT>$10.00</ENT>
            <ENT>$10.50</ENT>
            <ENT>$10.80</ENT>
            <ENT>$11.10</ENT>
            <ENT>$11.40</ENT>
            <ENT>$11.70</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Soybean protein and oil (one or both)</ENT>
            <ENT>$10.00</ENT>
            <ENT>$10.50</ENT>
            <ENT>$10.80</ENT>
            <ENT>$11.10</ENT>
            <ENT>$11.40</ENT>
            <ENT>$11.70</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Wheat protein (per test)</ENT>
            <ENT>$10.00</ENT>
            <ENT>$10.50</ENT>
            <ENT>$10.80</ENT>
            <ENT>$11.10</ENT>
            <ENT>$11.40</ENT>
            <ENT>$11.70</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Sunflower oil (per test)</ENT>
            <ENT>$10.00</ENT>
            <ENT>$10.50</ENT>
            <ENT>$10.80</ENT>
            <ENT>$11.10</ENT>
            <ENT>$11.40</ENT>
            <ENT>$11.70</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Waxy corn (per test)</ENT>
            <ENT>$10.00</ENT>
            <ENT>$10.50</ENT>
            <ENT>$10.80</ENT>
            <ENT>$11.10</ENT>
            <ENT>$11.40</ENT>
            <ENT>$11.70</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Canola (per test-00 dip test)</ENT>
            <ENT>$10.00</ENT>
            <ENT>$10.50</ENT>
            <ENT>$10.80</ENT>
            <ENT>$11.10</ENT>
            <ENT>$11.40</ENT>
            <ENT>$11.70</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Pesticide Residue Testing-routine compounds (per sample)</ENT>
            <ENT>$216.00</ENT>
            <ENT>$226.80</ENT>
            <ENT>$231.40</ENT>
            <ENT>$236.10</ENT>
            <ENT>$240.90</ENT>
            <ENT>$245.80</ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="01">Pesticide Residue Testing-special compounds (Subject to availability)</ENT>
            <ENT>$115.00</ENT>
            <ENT>$120.80</ENT>
            <ENT>$123.30</ENT>
            <ENT>$125.80</ENT>
            <ENT>$128.40</ENT>
            <ENT>$131.00</ENT>
          </ROW>
          <ROW EXPSTB="06" RUL="s">
            <ENT I="21">
              <E T="02">Appeal Inspection and Review of Weighing Service</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">Board Appeal and Appeals (Grade and Factor)</ENT>
            <ENT>$82.00</ENT>
            <ENT>$86.10</ENT>
            <ENT>$87.90</ENT>
            <ENT>$89.70</ENT>
            <ENT>$91.50</ENT>
            <ENT>$93.40</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Factor only (per factor-maximum 2 factors)</ENT>
            <ENT>$43.00</ENT>
            <ENT>$45.20</ENT>
            <ENT>$46.20</ENT>
            <ENT>$47.20</ENT>
            <ENT>$48.20</ENT>
            <ENT>$49.20</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Sampling service for appeals additional Use hourly rates from Table 1 Aflatoxin (rapid test kit method)</ENT>
            <ENT>$30.00</ENT>
            <ENT>$31.50</ENT>
            <ENT>$32.20</ENT>
            <ENT>$32.90</ENT>
            <ENT>$33.60</ENT>
            <ENT>$34.30</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Aflatoxin (rapid test kit method-applicant provides kit)</ENT>
            <ENT>NA</ENT>
            <ENT>$29.50</ENT>
            <ENT>$30.20</ENT>
            <ENT>$30.90</ENT>
            <ENT>$31.60</ENT>
            <ENT>$32.30</ENT>
          </ROW>
          <ROW>
            <ENT I="01">All other Mycotoxins (rapid test kit method)</ENT>
            <ENT>NA</ENT>
            <ENT>$49.40</ENT>
            <ENT>$50.40</ENT>
            <ENT>$51.50</ENT>
            <ENT>$52.60</ENT>
            <ENT>$53.70</ENT>
          </ROW>
          <ROW>
            <ENT I="01">All other Mycotoxins (rapid test kit method-applicant provides kit)</ENT>
            <ENT>NA</ENT>
            <ENT>$47.40</ENT>
            <ENT>$48.40</ENT>
            <ENT>$49.50</ENT>
            <ENT>$50.60</ENT>
            <ENT>$51.70</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Barley Protein (per test)</ENT>
            <ENT>$17.70</ENT>
            <ENT>$18.60</ENT>
            <ENT>$19.00</ENT>
            <ENT>$19.40</ENT>
            <ENT>$19.80</ENT>
            <ENT>$20.20</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Corn protein, oil, and starch (one or any combination)</ENT>
            <ENT>$17.70</ENT>
            <ENT>$18.60</ENT>
            <ENT>$19.00</ENT>
            <ENT>$19.40</ENT>
            <ENT>$19.80</ENT>
            <ENT>$20.20</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Soybean protein and oil (one or both)</ENT>
            <ENT>$17.70</ENT>
            <ENT>$18.60</ENT>
            <ENT>$19.00</ENT>
            <ENT>$19.40</ENT>
            <ENT>$19.80</ENT>
            <ENT>$20.20</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Sunflower oil (per test)</ENT>
            <ENT>$17.70</ENT>
            <ENT>$18.60</ENT>
            <ENT>$19.00</ENT>
            <ENT>$19.40</ENT>
            <ENT>$19.80</ENT>
            <ENT>$20.20</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Wheat protein (per test)</ENT>
            <ENT>$17.70</ENT>
            <ENT>$18.60</ENT>
            <ENT>$19.00</ENT>
            <ENT>$19.40</ENT>
            <ENT>$19.80</ENT>
            <ENT>$20.20</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Mycotoxin (per test-HPLC)</ENT>
            <ENT>$141.00</ENT>
            <ENT>$148.10</ENT>
            <ENT>$151.10</ENT>
            <ENT>$154.20</ENT>
            <ENT>$157.30</ENT>
            <ENT>$160.50</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Pesticide Residue Testing-routine compounds (per sample)</ENT>
            <ENT>$216.00</ENT>
            <ENT>$226.80</ENT>
            <ENT>$231.40</ENT>
            <ENT>$236.10</ENT>
            <ENT>$240.90</ENT>
            <ENT>$245.80</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Pesticide Residue Testing-special compounds (Subject to availability)</ENT>
            <ENT>$115.00</ENT>
            <ENT>$120.80</ENT>
            <ENT>$123.30</ENT>
            <ENT>$125.80</ENT>
            <ENT>$128.40</ENT>
            <ENT>$131.00</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Review of weighing (per hour per service representative)</ENT>
            <ENT>$82.60</ENT>
            <ENT>$86.80</ENT>
            <ENT>$88.60</ENT>
            <ENT>$90.40</ENT>
            <ENT>$92.30</ENT>
            <ENT>$94.20</ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="01">Fees for other tests not listed above</ENT>
            <ENT>Non-contract hourly rate</ENT>
            <ENT>Non-contract hourly rate</ENT>
            <ENT>Non-contract hourly rate</ENT>
            <ENT>Non-contract hourly rate</ENT>
            <ENT>Non-contract hourly rate</ENT>
            <ENT>Non-contract hourly rate</ENT>
          </ROW>
          <ROW EXPSTB="06" RUL="s">
            <ENT I="21">
              <E T="02">Stowage Examination (Service on Request)</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">Ship (per stowage space)</ENT>
            <ENT>$51.00</ENT>
            <ENT>$53.60</ENT>
            <ENT>$54.70</ENT>
            <ENT>$55.80</ENT>
            <ENT>$57.00</ENT>
            <ENT>$58.20</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Subsequent ship examinations (same as original)</ENT>
            <ENT>$51.00</ENT>
            <ENT>$53.60</ENT>
            <ENT>$54.70</ENT>
            <ENT>$55.80</ENT>
            <ENT>$57.00</ENT>
            <ENT>$58.20</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Barge (per examination)</ENT>
            <ENT>$41.00</ENT>
            <ENT>$43.10</ENT>
            <ENT>$44.00</ENT>
            <ENT>$44.90</ENT>
            <ENT>$45.80</ENT>
            <ENT>$46.80</ENT>
          </ROW>
          <ROW>
            <ENT I="01">All other carriers (per examination)</ENT>
            <ENT>$16.00</ENT>
            <ENT>$16.80</ENT>
            <ENT>$17.20</ENT>
            <ENT>$17.60</ENT>
            <ENT>$18.00</ENT>
            <ENT>$18.40</ENT>
          </ROW>
        </GPOTABLE>
        <GPOTABLE CDEF="s50,12,12,12,12,12,12" COLS="7" OPTS="L2,p1,8/9,i1">
          <TTITLE>Table 3—Miscellaneous Services</TTITLE>
          <BOXHD>
            <CHED H="1"/>
            <CHED H="1"/>
            <CHED H="1"/>
            <CHED H="1"/>
            <CHED H="1"/>
            <CHED H="1"/>
            <CHED H="1"/>
          </BOXHD>
          <ROW>
            <ENT I="01">Grain grading seminars (per hour per service representative)</ENT>
            <ENT>$64.00</ENT>
            <ENT>$67.20</ENT>
            <ENT>$68.60</ENT>
            <ENT>$70.00</ENT>
            <ENT>$71.40</ENT>
            <ENT>$72.90</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Certification of diverter-type mechanical samplers (per hour per service representative)</ENT>
            <ENT>$64.00</ENT>
            <ENT>$67.20</ENT>
            <ENT>$68.60</ENT>
            <ENT>$70.00</ENT>
            <ENT>$71.40</ENT>
            <ENT>$72.90</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Scale testing and certification</ENT>
            <ENT>$83.20</ENT>
            <ENT>$87.40</ENT>
            <ENT>$89.20</ENT>
            <ENT>$91.00</ENT>
            <ENT>$92.90</ENT>
            <ENT>$94.80</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Evaluation of weighing and material handling systems</ENT>
            <ENT>$83.20</ENT>
            <ENT>$87.40</ENT>
            <ENT>$89.20</ENT>
            <ENT>$91.00</ENT>
            <ENT>$92.90</ENT>
            <ENT>$94.80</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Mass standards calibration and re-verification</ENT>
            <ENT>$83.20</ENT>
            <ENT>$87.40</ENT>
            <ENT>$89.20</ENT>
            <ENT>$91.00</ENT>
            <ENT>$92.90</ENT>
            <ENT>$94.80</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Special projects</ENT>
            <ENT>$83.20</ENT>
            <ENT>$87.40</ENT>
            <ENT>$89.20</ENT>
            <ENT>$91.00</ENT>
            <ENT>$92.90</ENT>
            <ENT>$94.80</ENT>
          </ROW>
          <ROW>
            <ENT I="01">NTEP prototype evaluation (Other than Railroad Track Scales)</ENT>
            <ENT>$83.20</ENT>
            <ENT>$87.40</ENT>
            <ENT>$89.20</ENT>
            <ENT>$91.00</ENT>
            <ENT>$92.90</ENT>
            <ENT>$94.80</ENT>
          </ROW>
          <ROW>
            <ENT I="01">NTEP prototype evaluation of Railroad Track Scales</ENT>
            <ENT>$83.20</ENT>
            <ENT>$87.40</ENT>
            <ENT>$89.20</ENT>
            <ENT>$91.00</ENT>
            <ENT>$92.90</ENT>
            <ENT>$94.80</ENT>
          </ROW>
          <ROW>
            <PRTPAGE P="2631"/>
            <ENT I="01">Use of GIPSA railroad track scale test equipment per facility for each requested service (except agreements)</ENT>
            <ENT>$500.00</ENT>
            <ENT>$525.00</ENT>
            <ENT>$535.50</ENT>
            <ENT>$546.30</ENT>
            <ENT>$557.30</ENT>
            <ENT>$568.50</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Foreign Travel (hourly fee) plus travel, per diem, and related expenditures</ENT>
            <ENT>$510.00/day</ENT>
            <ENT>$87.40</ENT>
            <ENT>$89.20</ENT>
            <ENT>$91.00</ENT>
            <ENT>$92.90</ENT>
            <ENT>$94.80</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Fees for any service or test not listed (per hour per service representative)</ENT>
            <ENT>Non-contract hourly rate</ENT>
            <ENT>Non-contract hourly rate</ENT>
            <ENT>Non-contract hourly rate</ENT>
            <ENT>Non-contract hourly rate</ENT>
            <ENT>Non-contract hourly rate</ENT>
            <ENT>Non-contract hourly rate</ENT>
          </ROW>
          <ROW>
            <ENT I="22">Online Customized Data Service:</ENT>
          </ROW>
          <ROW>
            <ENT I="03">1. One data file per week for 1 year</ENT>
            <ENT>$500.00</ENT>
            <ENT>$525.00</ENT>
            <ENT>$535.50</ENT>
            <ENT>$546.30</ENT>
            <ENT>$557.30</ENT>
            <ENT>$568.50</ENT>
          </ROW>
          <ROW>
            <ENT I="03">2. One data file per month for 1 year</ENT>
            <ENT>$300.00</ENT>
            <ENT>$315.00</ENT>
            <ENT>$321.30</ENT>
            <ENT>$327.80</ENT>
            <ENT>$334.40</ENT>
            <ENT>$341.10</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Samples provided to interested parties (per sample</ENT>
            <ENT>$3.00</ENT>
            <ENT>$3.20</ENT>
            <ENT>$3.30</ENT>
            <ENT>$3.40</ENT>
            <ENT>$3.50</ENT>
            <ENT>$3.60</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Special mailing (actual cost)</ENT>
            <ENT>Actual Cost</ENT>
            <ENT>Actual Cost</ENT>
            <ENT>Actual Cost</ENT>
            <ENT>Actual Cost</ENT>
            <ENT>Actual Cost</ENT>
            <ENT>Actual Cost</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Extra Copies of certificates, faxing per page, and divided lots</ENT>
            <ENT>$1.75</ENT>
            <ENT>$1.90</ENT>
            <ENT>$2.00</ENT>
            <ENT>$2.10</ENT>
            <ENT>$2.20</ENT>
            <ENT>$2.30</ENT>
          </ROW>
        </GPOTABLE>
        <P>The following table reflects GIPSA's financial official inspection and weighing program projections through fiscal year 2017.</P>
        <GPOTABLE CDEF="s50,8,8,8,8,8,8,8,8" COLS="9" OPTS="L2,i1">
          <TTITLE>Official Inspection and Weighing Services Projections</TTITLE>
          <TDESC>[Million dollars]*</TDESC>
          <BOXHD>
            <CHED H="1"/>
            <CHED H="1">Actual</CHED>
            <CHED H="2">Fiscal year 10</CHED>
            <CHED H="2">Fiscal year 11</CHED>
            <CHED H="1">Projected</CHED>
            <CHED H="2">Fiscal year 12</CHED>
            <CHED H="2">Fiscal year 13</CHED>
            <CHED H="2">Fiscal year 14</CHED>
            <CHED H="2">Fiscal year 15</CHED>
            <CHED H="2">Fiscal year 16</CHED>
            <CHED H="2">Fiscal year 17</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Revenue</ENT>
            <ENT>$36.9</ENT>
            <ENT>$37.7</ENT>
            <ENT>$28.7</ENT>
            <ENT>$31.7</ENT>
            <ENT>$35.3</ENT>
            <ENT>$36.2</ENT>
            <ENT>$36.9</ENT>
            <ENT>$37.6</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Obligations</ENT>
            <ENT>35.5</ENT>
            <ENT>36.6</ENT>
            <ENT>35.1</ENT>
            <ENT>35.1</ENT>
            <ENT>35.1</ENT>
            <ENT>35.1</ENT>
            <ENT>35.1</ENT>
            <ENT>35.1</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Prior Year Adjustments</ENT>
            <ENT>0.5</ENT>
            <ENT>0.3</ENT>
            <ENT/>
            <ENT/>
            <ENT/>
            <ENT/>
            <ENT/>
            <ENT/>
          </ROW>
          <ROW>
            <ENT I="01">Cumulative Operating Reserve</ENT>
            <ENT>6.6</ENT>
            <ENT>8.0</ENT>
            <ENT>1.6</ENT>
            <ENT>(1.9)</ENT>
            <ENT>(1.6)</ENT>
            <ENT>(0.6)</ENT>
            <ENT>1.2</ENT>
            <ENT>3.6</ENT>
          </ROW>
          <TNOTE>* Figures may not sum due to rounding.</TNOTE>
        </GPOTABLE>
        <P>Based on the analysis of program costs, GIPSA proposes to increase the fees for official inspection and weighing service. GIPSA would continue to review program costs, revenue, and operating reserve levels to ensure that the fee increases for the noted fiscal years are required at the levels specified and sufficient to maintain official inspection and weighing services. In the event that a change in the fees is necessary, GIPSA would address any changes at that time.</P>
        <HD SOURCE="HD1">Executive Order 12866 and Regulatory Flexibility Act</HD>
        <P>This rule has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget (OMB).</P>
        <P>Pursuant to the requirements set forth in the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), GIPSA has considered the economic impact of this action on small entities. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened. This proposed action is being taken because additional user fee revenue is needed to cover the costs of providing current and future program operations and services.</P>
        <P>The Small Business Administration (SBA) defines small businesses by their North American Industry Classification System Codes (NAICS).<SU>1</SU>
          <FTREF/>This proposed rule affects customers of GIPSA's official inspection and weighing services in the domestic and export grain markets (NAICS code 115114). Fees for that program are in Schedules A (Tables 1-3), B, and C of § 800.71 of the USGSA regulations (7 CFR 800.71).</P>
        <FTNT>
          <P>
            <SU>1</SU>See:<E T="03">http://www.sba.gov/idc/groups/public/documents/sba_homepage/serv_sstd_tablepdf.pdf.</E>
          </P>
        </FTNT>
        <P>Under the provisions of the USGSA, grain exported from the U.S. must be officially inspected and weighed. Mandatory inspection and weighing services are provided by GIPSA at 40 export facilities and by delegated States at 11 facilities, and seven facilities for U.S. grain transshipped through Canadian ports. All of these facilities are owned by multi-national corporations, large cooperatives, or public entities that do not meet the requirements for small entities established by the SBA. Further, the regulations are applied equally to all entities. The USGSA (7 U.S.C. 87f-1) requires the registration of all persons engaged in the business of buying grain for sale in foreign commerce. In addition, those persons who handle, weigh, or transport grain for sale in foreign commerce must also register. Section 800.30 of the USGSA regulations (7 CFR 800.30) define a foreign commerce grain business as persons who regularly engage in buying for sale, handling, weighing, or transporting grain totaling 15,000 metric tons or more during the preceding or current calendar year. At present, there are 129 registrants registered to export grain. While most of the 129 registrants are large businesses, we believe that some are small.</P>

        <P>GIPSA also provides domestic and miscellaneous inspection and weighing services at other than export locations. Approximately 217 different applicants receive domestic inspection services each year and approximately 26 different locations receive track scale tests as a miscellaneous service each year. Most of these applicants are large businesses. Nonetheless, we believe that the proposed increases would not significantly affect small businesses requesting these official services. Furthermore, any applicant may use an alternative source for these services. Such a decision should not prevent the<PRTPAGE P="2632"/>business from marketing its product or conducting business as usual.</P>
        <P>GIPSA has determined that the total cost to the grain industry to implement the proposed changes will be approximately $5.3 million per year. These calculations are based on the assumption that GIPSA will collect revenue from 59.8 MMT in fiscal year 2013 and an average of 65.0 MMT per year for fiscal years 2014 to 2017, which was used to establish the proposed tonnage fee.</P>
        <P>Most users of the official inspection and weighing services do not meet the requirements for small entities. Further, GIPSA is required by statute to make services available and to recover, as nearly as practicable, the costs of providing such services. There would be no additional reporting, record keeping, or other compliance requirements imposed upon small entities as a result of this proposed rule. GIPSA has not identified any other Federal rules which may duplicate, overlap or conflict with this proposed rule. GIPSA has determined that this proposed rule will not have a significant economic impact on a substantial number of small entities as defined in the RFA.</P>
        <P>GIPSA regularly reviews its user-fee financed programs to determine if the fees are adequate. GIPSA has and will continue to seek out cost saving measures and implement appropriate changes to reduce its costs. Such actions can provide alternatives to fee increases. Even with these efforts, however, GIPSA's existing fee schedule would not generate sufficient revenue to cover program costs. In fiscal year 2009, GIPSA's official inspection and weighing services program revenue was $31.2 million with program costs of $33.3 million, resulting in a $2.1 million program deficit. In fiscal year 2010, GIPSA revenue was $36.9 million with costs of $35.5 million, resulting in a $1.4 million margin. In fiscal year 2011, GIPSA revenue was $37.7 million with costs of $36.6 million, resulting in a $1.1 million margin. In fiscal year 2012, revenue is projected at $28.7 million and costs at $35.1 million, resulting in a projected $6.4 million program deficit. Program costs for fiscal years 2013 to 2017 are projected at $35.1 million. The costs include employee salaries and benefits including estimated annual cost of living adjustments, future costs to replace and maintain aging official inspection and weighing services equipment in GIPSA offices. These fees also cover GIPSA's administrative and supervisory costs for the performance of GIPSA's official inspection and weighing services, including personnel compensation and benefits, travel, rent, communications, utilities, contractual services, supplies, and equipment. The current fee structure will not fully fund GIPSA's official inspection and weighing services in future fiscal years, resulting in program deficits.</P>
        <P>The proposed fee increase is projected to initially increase program revenue in fiscal year 2013, however this one time increase would not provide sufficient funds through fiscal year 2017. GIPSA needs to increase fees by approximately 5 percent in fiscal year 2013 and approximately 2 percent per year in fiscal years 2014 to 2017 in order to cover the program's operating cost and build an adequate operating reserve. The annual increases would apply to all fees (except for those fees charged for FGIS supervision of domestic official inspection and weighing services, including land carrier shipments to Canada and Mexico, performed by delegated States and/or designated agencies). GIPSA believes that an initial increase in fees followed by annual incremental increases is appropriate at this time. To minimize the impact of a fee increase, GIPSA has decided to propose a fee structure that would collect sufficient revenue over time to cover operating expenses, while striving to build an operating reserve by fiscal year 2017. GIPSA would continue to evaluate the financial status of the official inspection and weighing services to determine if it is meeting the goal of building an operating reserve and if other adjustments to the fee structure are necessary.</P>
        <P>Without the proposed fee increase, the operating reserve for GIPSA's official inspection and weighing services is projected to equal negative 1.6 months of program obligations at the end of fiscal year 2013 and decline to negative 10.6 months of program obligations by the end of fiscal year 2017. Financial projections indicate that implementing the proposed fees would allow GIPSA's official inspection and weighing services program to cover its costs while building an operating reserve to ensure the financial stability of the FGIS program.</P>
        <P>This rule proposes to revise local and national tonnage fees (assessed in addition to all other applicable fees) for all export shipments serviced by GIPSA field offices. In fiscal year 2013, GIPSA would increase the local tonnage fees for (1) League City, Texas from $0.115 to $0.125 per metric ton; (2) New Orleans, Louisiana from $0.015 to $0.033 per metric ton; (3) Portland, Oregon from $0.084 to $0.124 per metric ton and; (4) Toledo, Ohio from $0.132 to $0.233 per metric ton.</P>
        <P>GIPSA proposes to increase the national tonnage fee approximately 5 percent in fiscal year 2013 from $0.052 to $0.055 per metric ton of export grain inspected and/or weighed and approximately 2 percent per year for fiscal years 2014 to 2017. In addition, workers compensation costs would be shifted from the national to the local level in order to fully reflect where those program costs originate. In response to the Grain Inspection Advisory Committee resolution in November 2010 that GIPSA should establish an equitable tonnage fee for all export tonnage utilizing the official system, GIPSA proposes to begin charging the national tonnage fee of $0.055 per metric ton on export grain inspected and/or weighed (excluding land carrier shipments to Canada and Mexico) from delegated states and designated agencies. Currently, delegated states and designated agencies only pay a supervision fee of $0.011 per metric ton on export grain inspected and/or weighed as found in Schedule C of § 800.71. Program fees in Table 1 above show the combined national and local tonnage fees for field offices, delegated states, and designated agencies.</P>
        <P>GIPSA proposes to amend the fees for official inspection and weighing services performed in Canada. These fees currently appear in Schedule B of § 800.71. As a result, the separate unit fees for official inspection and weighing services performed in Canada would be changed to that of the prevailing U.S. non-contract rate, plus the prevailing Toledo field office tonnage fee, plus the actual cost of travel. GIPSA is also proposing to replace the “Vomitoxin Qualitative” and “Vomitoxin Quantitative” fees with one fee, “All other Mycotoxins,” in order to simplify the fee schedule for the testing of mycotoxins, other than aflatoxin. GIPSA also created separate fees for applicants that provide test kits for aflatoxin and all other mycotoxin testing. The existing Schedule B would be deleted and the existing Schedule C would become Schedule B.</P>

        <P>Fees for foreign travel would be changed from the current daily rate of $510.00 to the same established hourly fee for special projects and the actual cost of travel, per diem, and related expenditures. All remaining fees (except those fees for FGIS supervision of domestic official inspection and weighing services, including land carrier shipments to Canada and Mexico, performed by delegated States and/or designated agencies) would be increased approximately 5 percent in fiscal year 2013 and approximately 2<PRTPAGE P="2633"/>percent in fiscal years 2014 to 2017 to cover projected costs. (See Tables 1, 2, and 3 above.)</P>
        <P>This action is authorized under the USGSA which provides for the establishment and collection of fees that are reasonable and, as nearly as practicable, cover the costs of the services rendered, including associated administrative and supervisory costs. These fees cover the GIPSA administrative and supervisory costs for the performance of GIPSA's official inspection and weighing services, including personnel compensation and benefits, travel, rent, communications, utilities, contractual services, supplies, and equipment.</P>
        <HD SOURCE="HD1">Executive Order 12988</HD>
        <P>This proposed rule has been reviewed under Executive Order 12988, Civil Justice Reform. This action is not intended to have retroactive effect. The USGSA provides in section 87g that no subdivision may require or impose any requirements or restrictions concerning the inspection, weighing, or description of grain under the USGSA. Otherwise, this rule would not preempt any State or local laws, or regulations, or policies unless they present an irreconcilable conflict with this rule. There are no administrative procedures which must be exhausted prior to any judicial challenge to the provisions of this rule.</P>
        <HD SOURCE="HD1">Executive Order 13175</HD>
        <P>This proposed rule has been reviewed with the requirements of Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. This rule would not have substantial and direct effects on Tribal governments and would not have significant Tribal implications.</P>
        <HD SOURCE="HD1">Paperwork Reduction Act</HD>
        <P>In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the information collection and record keeping requirements included in this proposed rule has been approved by the OMB under control number 0580-0013.</P>
        <P>GIPSA is committed to complying with the Government Paperwork Elimination Act, which requires Government agencies in general to provide the public the option of submitting information or transacting business electronically to maximum extent possible.</P>
        <HD SOURCE="HD1">E-Government Compliance</HD>
        <P>GIPSA is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 7 CFR Part 800</HD>
          <P>Administrative practice and procedure, exports, grains, reporting and recordkeeping requirements.</P>
        </LSTSUB>
        
        <P>For the reasons set out in the preamble, we propose to amend 7 CFR Part 800 as follows:</P>
        <PART>
          <HD SOURCE="HED">PART 800—GENERAL REGULATIONS</HD>
        </PART>
        <AMDPAR>1. The authority citation for part 800 continues to read as follows:</AMDPAR>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>7 U.S.C. 71-87k.</P>
        </AUTH>
        <AMDPAR>2. Section 800.71 is revised to read as follows:</AMDPAR>
        <SECTION>
          <SECTNO>§ 800.71</SECTNO>
          <SUBJECT>Fees assessed by the Service.</SUBJECT>
          <P>(a)<E T="03">Official inspection and weighing services.</E>The fees shown in Schedule A apply to official inspection and weighing services performed by FGIS in the U.S. and Canada. The fees shown in Schedule B apply to official domestic inspection and weighing services performed by delegated States and designated agencies, including land carrier shipments to Canada and Mexico. The fees charged to delegated States by the Service are set forth in the State's Delegation of Authority document. Failure of a delegated State or designated agency to pay the appropriate fees to the Service within 30 days after becoming due will result in an automatic termination of the delegation or designation. The delegation or designation may be reinstated by the Service if fees that are due, plus interest and any further expenses incurred by the Service because of the termination, are paid within 60 days of the termination.</P>
          <HD SOURCE="HD1">Schedule A—Fees for Official Inspection and Weighing Services Performed in the United States and Canada<SU>1</SU>
          </HD>
          <HD SOURCE="HD2">Effective May 1, 2013 Through September 30, 2013</HD>
          <HD SOURCE="HD3">(Fiscal Year 2013)</HD>
          <GPOTABLE CDEF="s100,12,12,12,12" COLS="5" OPTS="L2,i1">
            <TTITLE>Table 1—Fees for Official Services Performed at an Applicant's Facility in an Onsite FGIS Laboratory<SU>2</SU>
            </TTITLE>
            <BOXHD>
              <CHED H="1"/>
              <CHED H="1">Monday to<LI>Friday (6 a.m. to 6 p.m.)</LI>
              </CHED>
              <CHED H="1">Monday to<LI>Friday (6 a.m. to 6 p.m.)</LI>
              </CHED>
              <CHED H="1">Saturday,<LI>Sunday, and overtime<SU>3</SU>
                </LI>
              </CHED>
              <CHED H="1">Holidays</CHED>
            </BOXHD>
            <ROW>
              <ENT I="22">(1) Inspection and Weighing Services Hourly Rates (per service representative):</ENT>
            </ROW>
            <ROW>
              <ENT I="03">1-year contract ($ per hour)</ENT>
              <ENT>$37.80</ENT>
              <ENT>$39.50</ENT>
              <ENT>$45.20</ENT>
              <ENT>$67.20</ENT>
            </ROW>
            <ROW RUL="s">
              <ENT I="03">Noncontract ($ per hour)</ENT>
              <ENT>67.20</ENT>
              <ENT>67.20</ENT>
              <ENT>67.20</ENT>
              <ENT>67.20</ENT>
            </ROW>
            <ROW EXPSTB="03">
              <ENT I="22">(2) Additional Tests (cost per test, assessed in addition to the hourly rate):<SU>4</SU>
              </ENT>
            </ROW>
            <ROW>
              <ENT I="03">(i) Aflatoxin (rapid test kit method)</ENT>
              <ENT>10.50</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(ii) Aflatoxin (rapid test kit method-applicant provides kit)<SU>5</SU>
              </ENT>
              <ENT>8.50</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(iii) All other Mycotoxins (rapid test kit method)</ENT>
              <ENT>19.50</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(iv) All other Mycotoxins (rapid test kit method-applicant provides kit)<SU>5</SU>
              </ENT>
              <ENT>17.50</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(v) NIR or NMR Analysis (protein, oil, starch, etc.)</ENT>
              <ENT>2.40</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(vi) Waxy corn (per test)</ENT>
              <ENT>2.40</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(vii) Fees for other tests not listed above will be based on the lowest noncontract hourly rate</ENT>
              <ENT/>
            </ROW>
            <ROW>
              <ENT I="03">(viii) Other services</ENT>
              <ENT/>
            </ROW>
            <ROW>
              <ENT I="05">(a) Class Y Weighing (per carrier)</ENT>
              <ENT/>
            </ROW>
            <ROW>
              <ENT I="07">(1) Truck/container</ENT>
              <ENT>0.40</ENT>
            </ROW>
            <ROW>
              <ENT I="07">(2) Railcar</ENT>
              <ENT>1.40</ENT>
            </ROW>
            <ROW>
              <ENT I="07">(3) Barge</ENT>
              <ENT>2.70</ENT>
            </ROW>
            <ROW>
              <ENT I="22">(3) Administrative Fee (assessed in addition to all other applicable fees, only one administrative fee will be assessed when inspection and weighing services are performed on the same carrier):</ENT>
            </ROW>
            <ROW>
              <ENT I="03" O="xl">(i) All outbound carriers serviced by the specific field office (per-metric ton):</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(a) League City</ENT>
              <ENT>0.180</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(b) New Orleans</ENT>
              <ENT>0.088</ENT>
            </ROW>
            <ROW>
              <PRTPAGE P="2634"/>
              <ENT I="05">(c) Portland</ENT>
              <ENT>0.179</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(d) Toledo</ENT>
              <ENT>0.288</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(e) Delegated States<SU>6</SU>
              </ENT>
              <ENT>0.055</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(f) Designated Agencies<SU>6</SU>
              </ENT>
              <ENT>0.055</ENT>
            </ROW>
            <TNOTE>
              <SU>1</SU>Canada fees include the noncontract hourly rate, the Toledo field office administrative fee, and the actual cost of travel.</TNOTE>
            <TNOTE>
              <SU>2</SU>Fees apply to original inspection and weighing, re-inspection, and appeal inspection service and include, but are not limited to, sampling, grading, weighing, prior to loading stowage examinations, and certifying results performed within 25 miles of an employee's assigned duty station. Travel and related expenses will be charged for service outside 25 miles as found in § 800.72(a).</TNOTE>
            <TNOTE>
              <SU>3</SU>Overtime rates will be assessed for all hours in excess of 8 consecutive hours that result from an applicant scheduling or requesting service beyond 8 hours, or if requests for additional shifts exceed existing staffing.</TNOTE>
            <TNOTE>
              <SU>4</SU>Appeal and re-inspection services will be assessed the same fee as the original inspection service.</TNOTE>
            <TNOTE>
              <SU>5</SU>Applicant must provide the test kit, instrument hardware, calibration control, and all supplies required by the test kit manufacturer.</TNOTE>
            <TNOTE>
              <SU>6</SU>Administrative fee is assessed on export grain inspected and/or weighed, excluding land carrier shipments to Canada and Mexico.</TNOTE>
          </GPOTABLE>
          <GPOTABLE CDEF="s200,12" COLS="2" OPTS="L2,p1,8/9,i1">
            <TTITLE>Table 2—Services Performed at Other Than an Applicant's Facility in an FGIS Laboratory<SU>1,2</SU>
            </TTITLE>
            <BOXHD>
              <CHED H="1"/>
              <CHED H="1"/>
            </BOXHD>
            <ROW>
              <ENT I="22">(1) Original Inspection and Weighing (Class X) Services</ENT>
            </ROW>
            <ROW>
              <ENT I="03" O="xl">(i) Sampling only (use hourly rates from Table 1)</ENT>
            </ROW>
            <ROW>
              <ENT I="03" O="xl">(ii) Stationary lots (sampling, grade/factor, &amp; checkloading):</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(a) Truck/trailer/container (per carrier)</ENT>
              <ENT>$21.00</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(b) Railcar (per carrier)</ENT>
              <ENT>31.20</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(c) Barge (per carrier)</ENT>
              <ENT>196.90</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(d) Sacked grain (per hour per service representative plus an administrative fee per hundredweight) (CWT)</ENT>
              <ENT>0.05</ENT>
            </ROW>
            <ROW>
              <ENT I="03" O="xl">(iii) Lots sampled online during loading (sampling charge under (i) above, plus):</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(a) Truck/trailer container (per carrier)</ENT>
              <ENT>12.60</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(b) Railcar (per carrier)</ENT>
              <ENT>26.30</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(c) Barge (per carrier)</ENT>
              <ENT>134.60</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(d) Sacked grain (per hour per service representative plus an administrative fee per hundredweight) (CWT)</ENT>
              <ENT>0.05</ENT>
            </ROW>
            <ROW>
              <ENT I="03" O="xl">(iv) Other services</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(a) Submitted sample (per sample—grade and factor)</ENT>
              <ENT>12.60</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(b) Warehouseman inspection (per sample)</ENT>
              <ENT>22.10</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(c) Factor only (per factor—maximum 2 factors)</ENT>
              <ENT>6.00</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(d) Checkloading/condition examination (use hourly rates from Table 1, plus an administrative fee per hundredweight if not previously assessed) (CWT)</ENT>
              <ENT>0.05</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(e) Re-inspection (grade and factor only. Sampling service additional, item (i) above)</ENT>
              <ENT>13.70</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(f) Class X Weighing (per hour per service representative)</ENT>
              <ENT>67.20</ENT>
            </ROW>
            <ROW>
              <ENT I="03" O="xl">(v) Additional tests (excludes sampling):</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(a) Aflatoxin (rapid test kit method)</ENT>
              <ENT>31.50</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(b) Aflatoxin (rapid test kit method-applicant provides kit)<SU>3</SU>
              </ENT>
              <ENT>29.50</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(c) All other Mycotoxins (rapid test kit method)</ENT>
              <ENT>40.50</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(d) All other Mycotoxins (rapid test kit method-applicant provides kit)<SU>3</SU>
              </ENT>
              <ENT>38.50</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(e) NIR or NMR Analysis (protein, oil, starch, etc.)</ENT>
              <ENT>10.50</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(f) Waxy corn (per test)</ENT>
              <ENT>10.50</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(g) Canola (per test-00 dip test)</ENT>
              <ENT>10.50</ENT>
            </ROW>
            <ROW>
              <ENT I="05" O="xl">(h) Pesticide Residue Testing:<SU>4</SU>
              </ENT>
            </ROW>
            <ROW>
              <ENT I="07">(1) Routine Compounds (per sample)</ENT>
              <ENT>226.80</ENT>
            </ROW>
            <ROW>
              <ENT I="07">(2) Special Compounds (Subject to availability)</ENT>
              <ENT>120.80</ENT>
            </ROW>
            <ROW>
              <ENT I="05" O="xl">(i) Fees for other tests not listed above will be based on the lowest noncontract hourly rate from Table 1.</ENT>
            </ROW>
            <ROW>
              <ENT I="22" O="xl">(2) Appeal inspection and review of weighing service<SU>5</SU>
              </ENT>
            </ROW>
            <ROW>
              <ENT I="03">(i) Board Appeals and Appeals (grade and factor)</ENT>
              <ENT>86.10</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(a) Factor only (per factor—max 2 factors)</ENT>
              <ENT>45.20</ENT>
            </ROW>
            <ROW>
              <ENT I="05" O="xl">(b) Sampling service for Appeals additional (hourly rates from Table 1)</ENT>
            </ROW>
            <ROW>
              <ENT I="03" O="xl">(ii) Additional tests (assessed in addition to all other applicable tests):</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(a) Aflatoxin (rapid test kit method)</ENT>
              <ENT>31.50</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(b) Aflatoxin (rapid test kit method-applicant provides kit)<SU>3</SU>
              </ENT>
              <ENT>29.50</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(c) All other Mycotoxins (rapid test kit method)</ENT>
              <ENT>49.40</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(d) All other Mycotoxins (rapid test kit method-applicant provides kit)<SU>3</SU>
              </ENT>
              <ENT>47.40</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(e) NIR or NMR Analysis (protein, oil, starch, etc.)</ENT>
              <ENT>18.60</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(f) Sunflower oil (per test)</ENT>
              <ENT>18.60</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(g) Mycotoxin (per test-HPLC)</ENT>
              <ENT>148.10</ENT>
            </ROW>
            <ROW>
              <ENT I="05" O="xl">(h) Pesticide Residue Testing:<SU>4</SU>
              </ENT>
            </ROW>
            <ROW>
              <ENT I="07">(1) Routine Compounds (per sample)</ENT>
              <ENT>226.80</ENT>
            </ROW>
            <ROW>
              <ENT I="07">(2) Special Compounds (Subject to availability)</ENT>
              <ENT>120.80</ENT>
            </ROW>
            <ROW>
              <ENT I="05" O="xl">(i) Fees for other tests not listed above will be based on the lowest noncontract hourly rate from Table 1.</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(iii) Review of weighing (per hour per service representative)</ENT>
              <ENT>86.80</ENT>
            </ROW>
            <ROW>
              <ENT I="22">(3) Stowage examination (service-on-request):<SU>4</SU>
              </ENT>
            </ROW>
            <ROW>
              <ENT I="03">(i) Ship (per stowage space) (minimum $268.00 per ship)</ENT>
              <ENT>53.60</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(ii) Subsequent ship examinations (same as original) (minimum $160.80 per ship)</ENT>
              <ENT>53.60</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(iii) Barge (per examination)</ENT>
              <ENT>43.10</ENT>
            </ROW>
            <ROW>
              <PRTPAGE P="2635"/>
              <ENT I="03">(iv) All other carriers (per examination)</ENT>
              <ENT>16.80</ENT>
            </ROW>
            <TNOTE>
              <SU>1</SU>Fees apply to original inspection and weighing, re-inspection, and appeal inspection service and include, but are not limited to, sampling, grading, weighing, prior to loading stowage examinations, and certifying results performed within 25 miles of an employee's assigned duty station. Travel and related expenses will be charged for service outside 25 miles as found in § 800.72(a).</TNOTE>
            <TNOTE>
              <SU>2</SU>An additional charge will be assessed when the revenue from the services in Schedule A, Table 2, does not cover what would have been collected at the applicable hourly rate as provided in § 800.72(b).</TNOTE>
            <TNOTE>
              <SU>3</SU>Applicant must provide the test kit, instrument hardware, calibration control, and all supplies required by the test kit manufacturer.</TNOTE>
            <TNOTE>
              <SU>4</SU>If performed outside of normal business, 1½ times the applicable unit fee will be charged.</TNOTE>
            <TNOTE>
              <SU>5</SU>If, at the request of the Service, a file sample is located and forwarded by the Agency, the Agency may, upon request, be reimbursed at the rate of $3.20 per sample by the Service.</TNOTE>
          </GPOTABLE>
          <GPOTABLE CDEF="s200,12" COLS="2" OPTS="L2,p1,8/9,i1">
            <TTITLE>Table 3—Miscellaneous Services<SU>1</SU>
            </TTITLE>
            <BOXHD>
              <CHED H="1"/>
              <CHED H="1"/>
            </BOXHD>
            <ROW>
              <ENT I="01">(1) Grain grading seminars (per hour per service representative)<SU>2</SU>
              </ENT>
              <ENT>$67.20</ENT>
            </ROW>
            <ROW>
              <ENT I="01">(2) Certification of diverter-type mechanical samplers (per hour per service representative)<SU>2</SU>
              </ENT>
              <ENT>67.20</ENT>
            </ROW>
            <ROW>
              <ENT I="22">(3) Special weighing services (per hour per service representative):<SU>2</SU>
              </ENT>
            </ROW>
            <ROW>
              <ENT I="03">(i) Scale testing and certification</ENT>
              <ENT>87.40</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(ii) Scale testing and certification of railroad track scales</ENT>
              <ENT>87.40</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(iii) Evaluation of weighing and material handling systems</ENT>
              <ENT>87.40</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(iv) NTEP Prototype evaluation (other than Railroad Track Scales)</ENT>
              <ENT>87.40</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(v) NTEP Prototype evaluation of Railroad Track Scale</ENT>
              <ENT>87.40</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(vi) Use of GIPSA railroad track scale test equipment per facility for each requested service. (Track scales tested under the Association of American Railroads agreement are exempt.)</ENT>
              <ENT>525.00</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(vii) Mass standards calibration and re-verification</ENT>
              <ENT>87.40</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(viii) Special projects</ENT>
              <ENT>87.40</ENT>
            </ROW>
            <ROW>
              <ENT I="01">(4) Foreign travel (hourly fee)<SU>3</SU>
              </ENT>
              <ENT>87.40</ENT>
            </ROW>
            <ROW>
              <ENT I="22">(5) Online customized data service:</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(i) One data file per week for 1 year</ENT>
              <ENT>525.00</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(ii) One data file per month for 1 year</ENT>
              <ENT>315.00</ENT>
            </ROW>
            <ROW>
              <ENT I="01">(6) Samples provided to interested parties (per sample)</ENT>
              <ENT>3.20</ENT>
            </ROW>
            <ROW>
              <ENT I="01">(7) Divided-lot certificates (per certificate)</ENT>
              <ENT>1.90</ENT>
            </ROW>
            <ROW>
              <ENT I="01">(8) Extra copies of certificates (per certificate)</ENT>
              <ENT>1.90</ENT>
            </ROW>
            <ROW>
              <ENT I="01">(9) Faxing (per page)</ENT>
              <ENT>1.90</ENT>
            </ROW>
            <ROW>
              <ENT I="01">(10) Special mailing</ENT>
              <ENT>Actual Cost</ENT>
            </ROW>
            <ROW>
              <ENT I="22">(11) Preparing certificates onsite or during other than normal business hours (use hourly rates from Table 1)</ENT>
            </ROW>
            <TNOTE>
              <SU>1</SU>Any requested service that is not listed will be performed at $67.20 per hour.</TNOTE>
            <TNOTE>
              <SU>2</SU>Regular business hours—Monday through Friday—service provided at other than regular business hours will be charged at 1<FR>1/2</FR>times the applicable hourly rate. (See § 800.0(b)(14) for definition of “business day.”)</TNOTE>
            <TNOTE>
              <SU>3</SU>Foreign travel charged hourly fee of $87.40 plus travel, per diem, and related expenditures.</TNOTE>
          </GPOTABLE>
          <HD SOURCE="HD1">Schedule B—Fees for FGIS Supervision of Official Inspection and Weighing Services Performed by Delegated States and/or Designated Agencies in the U.S.</HD>
          <P>The supervision fee charged by the Service is $0.011 per metric ton of domestic U.S. grain shipments inspected and/or weighed, including land carrier shipments to Canada and Mexico.</P>
          <P>(a)<E T="03">Registration certificates and renewals.</E>(1) The nature of your business will determine the fees that your business must pay for registration certificates and renewals:</P>
          <P>(i) If you operate a business that buys, handles, weighs, or transports grain for sale in foreign commerce, you must pay $135.00.</P>
          <P>(ii) If you operate a business that buys, handles, weighs, or transports grain for sale in foreign commerce and you are also in a control relationship (see definition in section 17A(b)(2) of the Act) with respect to a business that buys, handles, weighs, or transports grain for sale in interstate commerce, you must pay $270.00.</P>
          <P>(2) If you request extra copies of registration certificates, you must pay $1.90 for each copy.</P>
          <P>(b)<E T="03">Designation amendments.</E>If you submit an application to amend a designation, you must pay $75.00.</P>
          <P>(c) If you submit an application to operate as a scale testing organization, you must pay $250.00.</P>
          <HD SOURCE="HD1">Schedule A—Fees for Official Inspection and Weighing Services Performed in the United States and Canada<SU>1</SU>
          </HD>
          <HD SOURCE="HD2">Effective October 1, 2013 Through September 30, 2014</HD>
          <HD SOURCE="HD3">(Fiscal Year 2014)</HD>
          <GPOTABLE CDEF="s100,12,12,12,12" COLS="5" OPTS="L2,i1">
            <TTITLE>Table 1—Fees for Official Services Performed at an Applicant's Facility in an Onsite FGIS Laboratory<SU>2</SU>
            </TTITLE>
            <BOXHD>
              <CHED H="1"/>
              <CHED H="1">Monday to<LI>Friday</LI>
                <LI>(6 a.m. to 6 p.m.)</LI>
              </CHED>
              <CHED H="1">Monday to<LI>Friday</LI>
                <LI>(6 p.m. to 6 a.m.)</LI>
              </CHED>
              <CHED H="1">Saturday,<LI>Sunday, and overtime<SU>3</SU>
                </LI>
              </CHED>
              <CHED H="1">Holidays</CHED>
            </BOXHD>
            <ROW>
              <ENT I="22">(1) Inspection and Weighing Services Hourly Rates (per service representative):</ENT>
            </ROW>
            <ROW>
              <ENT I="03">1-year contract ($ per hour)</ENT>
              <ENT>$38.60</ENT>
              <ENT>40.30</ENT>
              <ENT>46.20</ENT>
              <ENT>68.60</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Noncontract ($ per hour)</ENT>
              <ENT>68.60</ENT>
              <ENT>68.60</ENT>
              <ENT>68.60</ENT>
              <ENT>68.60</ENT>
            </ROW>
            <ROW EXPSTB="03">
              <ENT I="22">(2) Additional Tests (cost per test, assessed in addition to the hourly rate):<SU>4</SU>
              </ENT>
            </ROW>
            <ROW>
              <ENT I="03">(i) Aflatoxin (rapid test kit method)</ENT>
              <ENT>10.80</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(ii) Aflatoxin (rapid test kit method-applicant provides kit)<SU>5</SU>
              </ENT>
              <ENT>8.80</ENT>
            </ROW>
            <ROW>
              <PRTPAGE P="2636"/>
              <ENT I="03">(iii) All other Mycotoxins (rapid test kit method)</ENT>
              <ENT>19.90</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(iv) All other Mycotoxins (rapid test kit method-applicant provides kit)<SU>5</SU>
              </ENT>
              <ENT>17.90</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(v) NIR or NMR Analysis (protein, oil, starch, etc.)</ENT>
              <ENT>2.50</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(vi) Waxy corn (per test)</ENT>
              <ENT>2.50</ENT>
            </ROW>
            <ROW>
              <ENT I="03" O="xl">(vii) Fees for other tests not listed above will be based on the lowest noncontract hourly rate</ENT>
            </ROW>
            <ROW>
              <ENT I="03" O="xl">(viii) Other services</ENT>
            </ROW>
            <ROW>
              <ENT I="05" O="xl">(a) Class Y Weighing (per carrier)</ENT>
            </ROW>
            <ROW>
              <ENT I="07">(1) Truck/container</ENT>
              <ENT>0.50</ENT>
            </ROW>
            <ROW>
              <ENT I="07">(2) Railcar</ENT>
              <ENT>1.50</ENT>
            </ROW>
            <ROW>
              <ENT I="07">(3) Barge</ENT>
              <ENT>2.80</ENT>
            </ROW>
            <ROW>
              <ENT I="22">(3) Administrative Fee (assessed in addition to all other applicable fees, only one administrative fee will be assessed when inspection and weighing services are performed on the same carrier):</ENT>
            </ROW>
            <ROW>
              <ENT I="03" O="xl">(i) All outbound carriers serviced by the specific field office (per-metric ton):</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(a) League City</ENT>
              <ENT>0.184</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(b) New Orleans</ENT>
              <ENT>0.090</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(c) Portland</ENT>
              <ENT>0.183</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(d) Toledo</ENT>
              <ENT>0.294</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(e) Delegated States<SU>6</SU>
              </ENT>
              <ENT>0.057</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(f) Designated Agencies<SU>6</SU>
              </ENT>
              <ENT>0.057</ENT>
            </ROW>
            <TNOTE>
              <SU>1</SU>Canada fees include the noncontract hourly rate, the Toledo field office administrative fee, and the actual cost of travel.</TNOTE>
            <TNOTE>
              <SU>2</SU>Fees apply to original inspection and weighing, re-inspection, and appeal inspection service and include, but are not limited to, sampling, grading, weighing, prior to loading stowage examinations, and certifying results performed within 25 miles of an employee's assigned duty station. Travel and related expenses will be charged for service outside 25 miles as found in § 800.72(a).</TNOTE>
            <TNOTE>
              <SU>3</SU>Overtime rates will be assessed for all hours in excess of 8 consecutive hours that result from an applicant scheduling or requesting service beyond 8 hours, or if requests for additional shifts exceed existing staffing.</TNOTE>
            <TNOTE>
              <SU>4</SU>Appeal and re-inspection services will be assessed the same fee as the original inspection service.</TNOTE>
            <TNOTE>
              <SU>5</SU>Applicant must provide the test kit, instrument hardware, calibration control, and all supplies required by the test kit manufacturer.</TNOTE>
            <TNOTE>
              <SU>6</SU>Administrative fee is assessed on export grain inspected and/or weighed, excluding land carrier shipments to Canada and Mexico.</TNOTE>
          </GPOTABLE>
          <GPOTABLE CDEF="s200,12" COLS="2" OPTS="L2,p1,8/9,i1">
            <TTITLE>Table 2—Services Performed at Other Than an Applicant's Facility in an FGIS Laboratory<SU>1</SU>
              <SU>2</SU>
            </TTITLE>
            <BOXHD>
              <CHED H="1"/>
              <CHED H="1"/>
            </BOXHD>
            <ROW>
              <ENT I="22">(1) Original Inspection and Weighing (Class X) Services:</ENT>
            </ROW>
            <ROW>
              <ENT I="03" O="xl">(i) Sampling only (use hourly rates from Table 1)</ENT>
            </ROW>
            <ROW>
              <ENT I="03" O="xl">(ii) Stationary lots (sampling, grade/factor, &amp; checkloading):</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(a) Truck/trailer/container (per carrier)</ENT>
              <ENT>$21.50</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(b) Railcar (per carrier)</ENT>
              <ENT>31.90</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(c) Barge (per carrier)</ENT>
              <ENT>200.90</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(d) Sacked grain (per hour per service representative plus an administrative fee per hundredweight) (CWT)</ENT>
              <ENT>0.06</ENT>
            </ROW>
            <ROW>
              <ENT I="03" O="xl">(iii) Lots sampled online during loading (sampling charge under (i) above, plus):</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(a) Truck/trailer container (per carrier)</ENT>
              <ENT>12.90</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(b) Railcar (per carrier)</ENT>
              <ENT>26.90</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(c) Barge (per carrier)</ENT>
              <ENT>137.30</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(d) Sacked grain (per hour per service representative plus an administrative fee per hundredweight) (CWT)</ENT>
              <ENT>0.06</ENT>
            </ROW>
            <ROW>
              <ENT I="03" O="xl">(iv) Other services</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(a) Submitted sample (per sample—grade and factor)</ENT>
              <ENT>12.90</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(b) Warehouseman inspection (per sample)</ENT>
              <ENT>22.60</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(c) Factor only (per factor—maximum 2 factors)</ENT>
              <ENT>6.20</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(d) Checkloading/condition examination (use hourly rates from Table 1, plus an administrative fee per hundredweight if not previously assessed) (CWT)</ENT>
              <ENT>0.06</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(e) Re-inspection (grade and factor only. Sampling service additional, item (i) above)</ENT>
              <ENT>14.00</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(f) Class X Weighing (per hour per service representative)</ENT>
              <ENT>68.60</ENT>
            </ROW>
            <ROW>
              <ENT I="03" O="xl">(v) Additional tests (excludes sampling):</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(a) Aflatoxin (rapid test kit method)</ENT>
              <ENT>32.20</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(b) Aflatoxin (rapid test kit method-applicant provides kit)<SU>3</SU>
              </ENT>
              <ENT>30.20</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(c) All other Mycotoxins (rapid test kit method)</ENT>
              <ENT>41.40</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(d) All other Mycotoxins (rapid test kit method-applicant provides kit)<SU>3</SU>
              </ENT>
              <ENT>39.40</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(e) NIR or NMR Analysis (protein, oil, starch, etc.)</ENT>
              <ENT>10.80</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(f) Waxy corn (per test)</ENT>
              <ENT>10.80</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(g) Canola (per test-00 dip test)</ENT>
              <ENT>10.80</ENT>
            </ROW>
            <ROW>
              <ENT I="05" O="xl">(h) Pesticide Residue Testing:<SU>4</SU>
              </ENT>
            </ROW>
            <ROW>
              <ENT I="07">(1) Routine Compounds (per sample)</ENT>
              <ENT>231.40</ENT>
            </ROW>
            <ROW>
              <ENT I="07">(2) Special Compounds (Subject to availability)</ENT>
              <ENT>123.30</ENT>
            </ROW>
            <ROW>
              <ENT I="05" O="xl">(i) Fees for other tests not listed above will be based on the lowest noncontract hourly rate from Table 1.</ENT>
            </ROW>
            <ROW>
              <ENT I="22">(2) Appeal inspection and review of weighing service:<SU>5</SU>
              </ENT>
            </ROW>
            <ROW>
              <ENT I="03">(i) Board Appeals and Appeals (grade and factor)</ENT>
              <ENT>87.90</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(a) Factor only (per factor—max 2 factors)</ENT>
              <ENT>46.20</ENT>
            </ROW>
            <ROW>
              <ENT I="05" O="xl">(b) Sampling service for Appeals additional (hourly rates from Table 1)</ENT>
            </ROW>
            <ROW>
              <ENT I="03" O="xl">(ii) Additional tests (assessed in addition to all other applicable tests):</ENT>
            </ROW>
            <ROW>
              <PRTPAGE P="2637"/>
              <ENT I="05">(a) Aflatoxin (rapid test kit method)</ENT>
              <ENT>32.20</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(b) Aflatoxin (rapid test kit method-applicant provides kit)<SU>3</SU>
              </ENT>
              <ENT>30.20</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(c) All other Mycotoxins (rapid test kit method)</ENT>
              <ENT>50.40</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(d) All other Mycotoxins (rapid test kit method-applicant provides kit)<SU>3</SU>
              </ENT>
              <ENT>48.40</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(e) NIR or NMR Analysis (protein, oil, starch, etc.)</ENT>
              <ENT>19.00</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(f) Sunflower oil (per test)</ENT>
              <ENT>19.00</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(g) Mycotoxin (per test-HPLC)</ENT>
              <ENT>151.10</ENT>
            </ROW>
            <ROW>
              <ENT I="05" O="xl">(h) Pesticide Residue Testing:<SU>4</SU>
              </ENT>
            </ROW>
            <ROW>
              <ENT I="07">(1) Routine Compounds (per sample)</ENT>
              <ENT>231.40</ENT>
            </ROW>
            <ROW>
              <ENT I="07">(2) Special Compounds (Subject to availability)</ENT>
              <ENT>123.30</ENT>
            </ROW>
            <ROW>
              <ENT I="05" O="xl">(i) Fees for other tests not listed above will be based on the lowest noncontract hourly rate from Table 1.</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(iii) Review of weighing (per hour per service representative)</ENT>
              <ENT>88.60</ENT>
            </ROW>
            <ROW>
              <ENT I="22">(3) Stowage examination (service-on-request):<SU>4</SU>
              </ENT>
            </ROW>
            <ROW>
              <ENT I="03">(i) Ship (per stowage space) (minimum $273.50 per ship)</ENT>
              <ENT>54.70</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(ii) Subsequent ship examinations (same as original) (minimum $164.10 per ship)</ENT>
              <ENT>54.70</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(iii) Barge (per examination)</ENT>
              <ENT>44.00</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(iv) All other carriers (per examination)</ENT>
              <ENT>17.20</ENT>
            </ROW>
            <TNOTE>
              <SU>1</SU>Fees apply to original inspection and weighing, re-inspection, and appeal inspection service and include, but are not limited to, sampling, grading, weighing, prior to loading stowage examinations, and certifying results performed within 25 miles of an employee's assigned duty station. Travel and related expenses will be charged for service outside 25 miles as found in § 800.72(a).</TNOTE>
            <TNOTE>
              <SU>2</SU>An additional charge will be assessed when the revenue from the services in Schedule A, Table 2, does not cover what would have been collected at the applicable hourly rate as provided in § 800.72(b).</TNOTE>
            <TNOTE>
              <SU>3</SU>Applicant must provide the test kit, instrument hardware, calibration control, and all supplies required by the test kit manufacturer.</TNOTE>
            <TNOTE>
              <SU>4</SU>If performed outside of normal business, 1½ times the applicable unit fee will be charged.</TNOTE>
            <TNOTE>
              <SU>5</SU>If, at the request of the Service, a file sample is located and forwarded by the Agency, the Agency may, upon request, be reimbursed at the rate of $3.30 per sample by the Service.</TNOTE>
          </GPOTABLE>
          <GPOTABLE CDEF="s200,xs56" COLS="2" OPTS="L2,p1,8/9,i1">
            <TTITLE>Table 3—Miscellaneous Services<SU>1</SU>
            </TTITLE>
            <BOXHD>
              <CHED H="1"/>
              <CHED H="1"/>
            </BOXHD>
            <ROW>
              <ENT I="01">(1) Grain grading seminars (per hour per service representative)<SU>2</SU>
              </ENT>
              <ENT>$68.60</ENT>
            </ROW>
            <ROW>
              <ENT I="01">(2) Certification of diverter-type mechanical samplers (per hour per service representative)<SU>2</SU>
              </ENT>
              <ENT>68.60</ENT>
            </ROW>
            <ROW>
              <ENT I="22">(3) Special weighing services (per hour per service representative):<SU>2</SU>
              </ENT>
            </ROW>
            <ROW>
              <ENT I="03">(i) Scale testing and certification</ENT>
              <ENT>89.20</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(ii) Scale testing and certification of railroad track scales</ENT>
              <ENT>89.20</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(iii) Evaluation of weighing and material handling systems</ENT>
              <ENT>89.20</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(iv) NTEP Prototype evaluation (other than Railroad Track Scales)</ENT>
              <ENT>89.20</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(v) NTEP Prototype evaluation of Railroad Track Scale</ENT>
              <ENT>89.20</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(vi) Use of GIPSA railroad track scale test equipment per facility for each requested service. (Track scales tested under the Association of American Railroads agreement are exempt.)</ENT>
              <ENT>535.50</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(vii) Mass standards calibration and re-verification</ENT>
              <ENT>89.20</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(viii) Special projects</ENT>
              <ENT>89.20</ENT>
            </ROW>
            <ROW>
              <ENT I="01">(4) Foreign travel (hourly fee)<SU>3</SU>
              </ENT>
              <ENT>89.20</ENT>
            </ROW>
            <ROW>
              <ENT I="22">(5) Online customized data service:</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(i) One data file per week for 1 year</ENT>
              <ENT>535.50</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(ii) One data file per month for 1 year</ENT>
              <ENT>321.30</ENT>
            </ROW>
            <ROW>
              <ENT I="01">(6) Samples provided to interested parties (per sample)</ENT>
              <ENT>3.30</ENT>
            </ROW>
            <ROW>
              <ENT I="01">(7) Divided-lot certificates (per certificate)</ENT>
              <ENT>2.00</ENT>
            </ROW>
            <ROW>
              <ENT I="01">(8) Extra copies of certificates (per certificate)</ENT>
              <ENT>2.00</ENT>
            </ROW>
            <ROW>
              <ENT I="01">(9) Faxing (per page)</ENT>
              <ENT>2.00</ENT>
            </ROW>
            <ROW>
              <ENT I="01">(10) Special mailing</ENT>
              <ENT>Actual Cost.</ENT>
            </ROW>
            <ROW>
              <ENT I="22">(11) Preparing certificates onsite or during other than normal business hours (use hourly rates from Table 1)</ENT>
            </ROW>
            <TNOTE>
              <SU>1</SU>Any requested service that is not listed will be performed at $68.60 per hour.</TNOTE>
            <TNOTE>
              <SU>2</SU>Regular business hours—Monday through Friday—service provided at other than regular business hours will be charged at 1<FR>1/2</FR>; times the applicable hourly rate. (See § 800.0(b)(14) for definition of “business day.”)</TNOTE>
            <TNOTE>
              <SU>3</SU>Foreign travel charged hourly fee of $89.20 plus travel, per diem, and related expenditures.</TNOTE>
          </GPOTABLE>
          <HD SOURCE="HD1">Schedule B—Fees for FGIS Supervision of Official Inspection and Weighing Services Performed by Delegated States and/or Designated Agencies in the U.S.</HD>
          <P>The supervision fee charged by the Service is $0.011 per metric ton of domestic U.S. grain shipments inspected and/or weighed, including land carrier shipments to Canada and Mexico.</P>
          <P>(a)<E T="03">Registration certificates and renewals.</E>(1) The nature of your business will determine the fees that your business must pay for registration certificates and renewals:</P>
          <P>(i) If you operate a business that buys, handles, weighs, or transports grain for sale in foreign commerce, you must pay $135.00.</P>
          <P>(ii) If you operate a business that buys, handles, weighs, or transports grain for sale in foreign commerce and you are also in a control relationship (see definition in section 17A(b)(2) of the Act) with respect to a business that buys, handles, weighs, or transports grain for sale in interstate commerce, you must pay $270.00.</P>
          <P>(2) If you request extra copies of registration certificates, you must pay $2.00 for each copy.</P>
          <P>(b)<E T="03">Designation amendments.</E>If you submit an application to amend a designation, you must pay $75.00.</P>

          <P>(c) If you submit an application to operate as a scale testing organization, you must pay $250.00.<PRTPAGE P="2638"/>
          </P>
          <HD SOURCE="HD1">Schedule A—Fees for Official Inspection and Weighing Services Performed in the United States and Canada<SU>1</SU>
          </HD>
          <HD SOURCE="HD2">Effective October 1, 2014 Through September 30, 2015</HD>
          <HD SOURCE="HD3">(Fiscal Year 2015)</HD>
          <GPOTABLE CDEF="s50,12,12,12,12" COLS="5" OPTS="L2,i1">
            <TTITLE>Table 1—Fees for Official Services Performed at an Applicant's Facility in an Onsite FGIS Laboratory<SU>2</SU>
            </TTITLE>
            <BOXHD>
              <CHED H="1"/>
              <CHED H="1">Monday to<LI>Friday</LI>
                <LI>(6 a.m. to</LI>
                <LI>6 p.m.)</LI>
              </CHED>
              <CHED H="1">Monday to<LI>Friday</LI>
                <LI>(6 p.m. to</LI>
                <LI>6 a.m.)</LI>
              </CHED>
              <CHED H="1">Saturday,<LI>Sunday, and</LI>
                <LI>overtime<SU>3</SU>
                </LI>
              </CHED>
              <CHED H="1">Holidays</CHED>
            </BOXHD>
            <ROW>
              <ENT I="22">(1) Inspection and Weighing Services Hourly Rates (per service representative):</ENT>
            </ROW>
            <ROW>
              <ENT I="03">1-year contract ($ per hour)</ENT>
              <ENT>$39.40</ENT>
              <ENT>41.20</ENT>
              <ENT>47.20</ENT>
              <ENT>70.00</ENT>
            </ROW>
            <ROW RUL="s">
              <ENT I="03">Noncontract ($ per hour)</ENT>
              <ENT>70.00</ENT>
              <ENT>70.00</ENT>
              <ENT>70.00</ENT>
              <ENT>70.00</ENT>
            </ROW>
            <ROW EXPSTB="03">
              <ENT I="22">(2) Additional Tests (cost per test, assessed in addition to the hourly rate):<SU>4</SU>
              </ENT>
            </ROW>
            <ROW>
              <ENT I="03">(i) Aflatoxin (rapid test kit method)</ENT>
              <ENT>11.10</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(ii) Aflatoxin (rapid test kit method-applicant provides kit)<SU>5</SU>
              </ENT>
              <ENT>9.10</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(iii) All other Mycotoxins (rapid test kit method)</ENT>
              <ENT>20.30</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(iv) All other Mycotoxins (rapid test kit method-applicant provides kit)<SU>5</SU>
              </ENT>
              <ENT>18.30</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(v) NIR or NMR Analysis (protein, oil, starch, etc.)</ENT>
              <ENT>2.60</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(vi) Waxy corn (per test)</ENT>
              <ENT>2.60</ENT>
            </ROW>
            <ROW>
              <ENT I="03" O="xl">(vii) Fees for other tests not listed above will be based on the lowest noncontract hourly rate</ENT>
            </ROW>
            <ROW>
              <ENT I="03" O="xl">(viii) Other services</ENT>
            </ROW>
            <ROW>
              <ENT I="05" O="xl">(a) Class Y Weighing (per carrier)</ENT>
            </ROW>
            <ROW>
              <ENT I="07">(1) Truck/container</ENT>
              <ENT>0.60</ENT>
            </ROW>
            <ROW>
              <ENT I="07">(2) Railcar</ENT>
              <ENT>1.60</ENT>
            </ROW>
            <ROW>
              <ENT I="07">(3) Barge</ENT>
              <ENT>2.90</ENT>
            </ROW>
            <ROW>
              <ENT I="22">(3) Administrative Fee (assessed in addition to all other applicable fees, only one administrative fee will be assessed when inspection and weighing services are performed on the same carrier):</ENT>
            </ROW>
            <ROW>
              <ENT I="03" O="xl">(i) All outbound carriers serviced by the specific field office (per-metric ton):</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(a) League City</ENT>
              <ENT>0.188</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(b) New Orleans</ENT>
              <ENT>0.092</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(c) Portland</ENT>
              <ENT>0.187</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(d) Toledo</ENT>
              <ENT>0.300</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(e) Delegated States<SU>6</SU>
              </ENT>
              <ENT>0.059</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(f) Designated Agencies<SU>6</SU>
              </ENT>
              <ENT>0.059</ENT>
            </ROW>
            <TNOTE>
              <SU>1</SU>Canada fees include the noncontract hourly rate, the Toledo field office administrative fee, and the actual cost of travel.</TNOTE>
            <TNOTE>
              <SU>2</SU>Fees apply to original inspection and weighing, re-inspection, and appeal inspection service and include, but are not limited to, sampling, grading, weighing, prior to loading stowage examinations, and certifying results performed within 25 miles of an employee's assigned duty station. Travel and related expenses will be charged for service outside 25 miles as found in § 800.72(a).</TNOTE>
            <TNOTE>
              <SU>3</SU>Overtime rates will be assessed for all hours in excess of 8 consecutive hours that result from an applicant scheduling or requesting service beyond 8 hours, or if requests for additional shifts exceed existing staffing.</TNOTE>
            <TNOTE>
              <SU>4</SU>Appeal and re-inspection services will be assessed the same fee as the original inspection service.</TNOTE>
            <TNOTE>
              <SU>5</SU>Applicant must provide the test kit, instrument hardware, calibration control, and all supplies required by the test kit manufacturer.</TNOTE>
            <TNOTE>
              <SU>6</SU>Administrative fee is assessed on export grain inspected and/or weighed, excluding land carrier shipments to Canada and Mexico.</TNOTE>
          </GPOTABLE>
          <GPOTABLE CDEF="s200,12" COLS="2" OPTS="L2,p1,8/9,i1">
            <TTITLE>Table 2—Services Performed at Other Than an Applicant's Facility in an FGIS Laboratory<SU>1,2</SU>
            </TTITLE>
            <BOXHD>
              <CHED H="1"/>
              <CHED H="1"/>
            </BOXHD>
            <ROW>
              <ENT I="22">(1) Original Inspection and Weighing (Class X) Services</ENT>
            </ROW>
            <ROW>
              <ENT I="03" O="xl">(i) Sampling only (use hourly rates from Table 1)</ENT>
            </ROW>
            <ROW>
              <ENT I="03" O="xl">(ii) Stationary lots (sampling, grade/factor, &amp; checkloading):</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(a) Truck/trailer/container (per carrier)</ENT>
              <ENT>$22.00</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(b) Railcar (per carrier)</ENT>
              <ENT>32.60</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(c) Barge (per carrier)</ENT>
              <ENT>205.00</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(d) Sacked grain (per hour per service representative plus an administrative fee per hundredweight) (CWT)</ENT>
              <ENT>0.07</ENT>
            </ROW>
            <ROW>
              <ENT I="03" O="xl">(iii) Lots sampled online during loading (sampling charge under (i) above, plus):</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(a) Truck/trailer container (per carrier)</ENT>
              <ENT>13.20</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(b) Railcar (per carrier)</ENT>
              <ENT>27.50</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(c) Barge (per carrier)</ENT>
              <ENT>140.10</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(d) Sacked grain (per hour per service representative plus an administrative fee per hundredweight) (CWT)</ENT>
              <ENT>0.07</ENT>
            </ROW>
            <ROW>
              <ENT I="03" O="xl">(iv) Other services</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(a) Submitted sample (per sample—grade and factor)</ENT>
              <ENT>13.20</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(b) Warehouseman inspection (per sample)</ENT>
              <ENT>23.10</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(c) Factor only (per factor—maximum 2 factors)</ENT>
              <ENT>6.40</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(d) Checkloading/condition examination (use hourly rates from Table 1, plus an administrative fee per hundredweight if not previously assessed) (CWT)</ENT>
              <ENT>0.07</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(e) Re-inspection (grade and factor only. Sampling service additional, item (i) above)</ENT>
              <ENT>14.30</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(f) Class X Weighing (per hour per service representative)</ENT>
              <ENT>70.00</ENT>
            </ROW>
            <ROW>
              <PRTPAGE P="2639"/>
              <ENT I="03" O="xl">(v) Additional tests (excludes sampling):</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(a) Aflatoxin (rapid test kit method)</ENT>
              <ENT>32.90</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(b) Aflatoxin (rapid test kit method-applicant provides kit)<SU>3</SU>
              </ENT>
              <ENT>30.90</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(c) All other Mycotoxins (rapid test kit method)</ENT>
              <ENT>42.30</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(d) All other Mycotoxins (rapid test kit method-applicant provides kit)<SU>3</SU>
              </ENT>
              <ENT>40.30</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(e) NIR or NMR Analysis (protein, oil, starch, etc.)</ENT>
              <ENT>11.10</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(f) Waxy corn (per test)</ENT>
              <ENT>11.10</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(g) Canola (per test-00 dip test)</ENT>
              <ENT>11.10</ENT>
            </ROW>
            <ROW>
              <ENT I="05" O="xl">(h) Pesticide Residue Testing:<SU>4</SU>
              </ENT>
            </ROW>
            <ROW>
              <ENT I="07">(1) Routine Compounds (per sample)</ENT>
              <ENT>236.10</ENT>
            </ROW>
            <ROW>
              <ENT I="07">(2) Special Compounds (Subject to availability)</ENT>
              <ENT>125.80</ENT>
            </ROW>
            <ROW>
              <ENT I="05" O="xl">(i) Fees for other tests not listed above will be based on the lowest noncontract hourly rate from Table 1</ENT>
              <ENT O="xl"/>
            </ROW>
            <ROW>
              <ENT I="22">(2) Appeal inspection and review of weighing service.<SU>5</SU>
              </ENT>
            </ROW>
            <ROW>
              <ENT I="03">(i) Board Appeals and Appeals (grade and factor)</ENT>
              <ENT>89.70</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(a) Factor only (per factor—max 2 factors)</ENT>
              <ENT>47.20</ENT>
            </ROW>
            <ROW>
              <ENT I="05" O="xl">(b) Sampling service for Appeals additional (hourly rates from Table 1)</ENT>
            </ROW>
            <ROW>
              <ENT I="03" O="xl">(ii) Additional tests (assessed in addition to all other applicable tests):</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(a) Aflatoxin (rapid test kit method)</ENT>
              <ENT>32.90</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(b) Aflatoxin (rapid test kit method-applicant provides kit)<SU>3</SU>
              </ENT>
              <ENT>30.90</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(c) All other Mycotoxins (rapid test kit method)</ENT>
              <ENT>51.50</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(d) All other Mycotoxins (rapid test kit method-applicant provides kit)<SU>3</SU>
              </ENT>
              <ENT>49.50</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(e) NIR or NMR Analysis (protein, oil, starch, etc.)</ENT>
              <ENT>19.40</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(f) Sunflower oil (per test)</ENT>
              <ENT>19.40</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(g) Mycotoxin (per test-HPLC)</ENT>
              <ENT>154.20</ENT>
            </ROW>
            <ROW>
              <ENT I="05" O="xl">(h) Pesticide Residue Testing:<SU>4</SU>
              </ENT>
            </ROW>
            <ROW>
              <ENT I="07">(1) Routine Compounds (per sample)</ENT>
              <ENT>236.10</ENT>
            </ROW>
            <ROW>
              <ENT I="07">(2) Special Compounds (Subject to availability)</ENT>
              <ENT>125.80</ENT>
            </ROW>
            <ROW>
              <ENT I="05" O="xl">(i) Fees for other tests not listed above will be based on the lowest noncontract hourly rate from Table 1.</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(iii) Review of weighing (per hour per service representative)</ENT>
              <ENT>90.40</ENT>
            </ROW>
            <ROW>
              <ENT I="22">(3) Stowage examination (service-on-request):<SU>4</SU>
              </ENT>
            </ROW>
            <ROW>
              <ENT I="03">(i) Ship (per stowage space) (minimum $279.00 per ship)</ENT>
              <ENT>55.80</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(ii) Subsequent ship examinations (same as original) (minimum $167.40 per ship)</ENT>
              <ENT>55.80</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(iii) Barge (per examination)</ENT>
              <ENT>44.90</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(iv) All other carriers (per examination)</ENT>
              <ENT>17.60</ENT>
            </ROW>
            <TNOTE>
              <SU>1</SU>Fees apply to original inspection and weighing, re-inspection, and appeal inspection service and include, but are not limited to, sampling, grading, weighing, prior to loading stowage examinations, and certifying results performed within 25 miles of an employee's assigned duty station. Travel and related expenses will be charged for service outside 25 miles as found in § 800.72(a).</TNOTE>
            <TNOTE>
              <SU>2</SU>An additional charge will be assessed when the revenue from the services in Schedule A, Table 2, does not cover what would have been collected at the applicable hourly rate as provided in § 800.72(b).</TNOTE>
            <TNOTE>
              <SU>3</SU>Applicant must provide the test kit, instrument hardware, calibration control, and all supplies required by the test kit manufacturer.</TNOTE>
            <TNOTE>
              <SU>4</SU>If performed outside of normal business, 1<FR>1/2</FR>; times the applicable unit fee will be charged.</TNOTE>
            <TNOTE>
              <SU>5</SU>If, at the request of the Service, a file sample is located and forwarded by the Agency, the Agency may, upon request, be reimbursed at the rate of $3.40 per sample by the Service.</TNOTE>
          </GPOTABLE>
          <GPOTABLE CDEF="s200,12" COLS="2" OPTS="L2,p1,8/9,i1">
            <TTITLE>Table 3—Miscellaneous Services<SU>1</SU>
            </TTITLE>
            <BOXHD>
              <CHED H="1"/>
              <CHED H="1"/>
            </BOXHD>
            <ROW>
              <ENT I="01">(1) Grain grading seminars (per hour per service representative)<SU>2</SU>
              </ENT>
              <ENT>$70.00</ENT>
            </ROW>
            <ROW>
              <ENT I="01">(2) Certification of diverter-type mechanical samplers (per hour per service representative)<SU>2</SU>
              </ENT>
              <ENT>70.00</ENT>
            </ROW>
            <ROW>
              <ENT I="22">(3) Special weighing services (per hour per service representative):<SU>2</SU>
              </ENT>
            </ROW>
            <ROW>
              <ENT I="03">(i) Scale testing and certification</ENT>
              <ENT>91.00</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(ii) Scale testing and certification of railroad track scales</ENT>
              <ENT>91.00</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(iii) Evaluation of weighing and material handling systems</ENT>
              <ENT>91.00</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(iv) NTEP Prototype evaluation (other than Railroad Track Scales)</ENT>
              <ENT>91.00</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(v) NTEP Prototype evaluation of Railroad Track Scale</ENT>
              <ENT>91.00</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(vi) Use of GIPSA railroad track scale test equipment per facility for each requested service. (Track scales tested under the Association of American Railroads agreement are exempt.)</ENT>
              <ENT>546.30</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(vii) Mass standards calibration and re-verification</ENT>
              <ENT>91.00</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(viii) Special projects</ENT>
              <ENT>91.00</ENT>
            </ROW>
            <ROW>
              <ENT I="01">(4) Foreign travel (hourly fee)<SU>3</SU>
              </ENT>
              <ENT>91.00</ENT>
            </ROW>
            <ROW>
              <ENT I="22">(5) Online customized data service:</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(i) One data file per week for 1 year</ENT>
              <ENT>546.30</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(ii) One data file per month for 1 year</ENT>
              <ENT>327.80</ENT>
            </ROW>
            <ROW>
              <ENT I="01">(6) Samples provided to interested parties (per sample)</ENT>
              <ENT>3.40</ENT>
            </ROW>
            <ROW>
              <ENT I="01">(7) Divided-lot certificates (per certificate)</ENT>
              <ENT>2.10</ENT>
            </ROW>
            <ROW>
              <ENT I="01">(8) Extra copies of certificates (per certificate)</ENT>
              <ENT>2.10</ENT>
            </ROW>
            <ROW>
              <ENT I="01">(9) Faxing (per page)</ENT>
              <ENT>2.10</ENT>
            </ROW>
            <ROW>
              <ENT I="01">(10) Special mailing</ENT>
              <ENT>Actual Cost</ENT>
            </ROW>
            <ROW>
              <ENT I="22">(11) Preparing certificates onsite or during other than normal business hours (use hourly rates from Table 1)</ENT>
            </ROW>
            <TNOTE>
              <SU>1</SU>Any requested service that is not listed will be performed at $70.00 per hour.</TNOTE>
            <TNOTE>
              <SU>2</SU>Regular business hours—Monday through Friday—service provided at other than regular business hours will be charged at 1½ times the applicable hourly rate. (See § 800.0(b)(14) for definition of “business day.”)</TNOTE>
            <TNOTE>
              <SU>3</SU>Foreign travel charged hourly fee of $91.00 plus travel, per diem, and related expenditures.</TNOTE>
          </GPOTABLE>
          <PRTPAGE P="2640"/>
          <HD SOURCE="HD1">Schedule B—Fees for FGIS Supervision of Official Inspection and Weighing Services Performed by Delegated States and/or Designated Agencies in the U.S.</HD>
          <P>The supervision fee charged by the Service is $0.011 per metric ton of domestic U.S. grain shipments inspected and/or weighed, including land carrier shipments to Canada and Mexico.</P>
          <P>(a)<E T="03">Registration certificates and renewals.</E>(1) The nature of your business will determine the fees that your business must pay for registration certificates and renewals:</P>
          <P>(i) If you operate a business that buys, handles, weighs, or transports grain for sale in foreign commerce, you must pay $135.00.</P>
          <P>(ii) If you operate a business that buys, handles, weighs, or transports grain for sale in foreign commerce and you are also in a control relationship (see definition in section 17A(b)(2) of the Act) with respect to a business that buys, handles, weighs, or transports grain for sale in interstate commerce, you must pay $270.00.</P>
          <P>(2) If you request extra copies of registration certificates, you must pay $2.10 for each copy.</P>
          <P>(b)<E T="03">Designation amendments.</E>If you submit an application to amend a designation, you must pay $75.00.</P>
          <P>(c) If you submit an application to operate as a scale testing organization, you must pay $250.00.</P>
          <HD SOURCE="HD1">Schedule A—Fees for Official Inspection and Weighing Services Performed in the United States and Canada<SU>1</SU>
          </HD>
          <HD SOURCE="HD2">Effective October 1, 2015 Through September 30, 2016</HD>
          <HD SOURCE="HD3">(Fiscal Year 2016)</HD>
          <GPOTABLE CDEF="s100,12,12,12,12" COLS="5" OPTS="L2,i1">
            <TTITLE>Table 1—Fees for Official Services Performed at an Applicant's Facility in an Onsite FGIS Laboratory<SU>2</SU>
            </TTITLE>
            <BOXHD>
              <CHED H="1"/>
              <CHED H="1">Monday<LI>to Friday</LI>
                <LI>(6 a.m. to</LI>
                <LI>6 p.m.)</LI>
              </CHED>
              <CHED H="1">Monday<LI>to Friday</LI>
                <LI>(6 p.m. to</LI>
                <LI>6 a.m.)</LI>
              </CHED>
              <CHED H="1">Saturday,<LI>Sunday, and</LI>
                <LI>overtime<SU>3</SU>
                </LI>
              </CHED>
              <CHED H="1">Holidays</CHED>
            </BOXHD>
            <ROW>
              <ENT I="01" O="xl">(1) Inspection and Weighing Services Hourly Rates (per service representative):</ENT>
            </ROW>
            <ROW>
              <ENT I="03">1-year contract ($ per hour)</ENT>
              <ENT>$40.20</ENT>
              <ENT>42.10</ENT>
              <ENT>48.20</ENT>
              <ENT>71.40</ENT>
            </ROW>
            <ROW RUL="s">
              <ENT I="03">Noncontract ($ per hour)</ENT>
              <ENT>71.40</ENT>
              <ENT>71.40</ENT>
              <ENT>71.40</ENT>
              <ENT>71.40</ENT>
            </ROW>
            <ROW EXPSTB="03">
              <ENT I="22">(2) Additional Tests (cost per test, assessed in addition to the hourly rate):<SU>4</SU>
              </ENT>
            </ROW>
            <ROW>
              <ENT I="03">(i) Aflatoxin (rapid test kit method)</ENT>
              <ENT>11.40</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(ii) Aflatoxin (rapid test kit method-applicant provides kit)<SU>5</SU>
              </ENT>
              <ENT>9.40</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(iii) All other Mycotoxins (rapid test kit method)</ENT>
              <ENT>20.80</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(iv) All other Mycotoxins (rapid test kit method-applicant provides kit)<SU>5</SU>
              </ENT>
              <ENT>18.80</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(v) NIR or NMR Analysis (protein, oil, starch, etc.)</ENT>
              <ENT>2.70</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(vi) Waxy corn (per test)</ENT>
              <ENT>2.70</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(vii) Fees for other tests not listed above will be based on the lowest noncontract hourly rate</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(viii) Other services</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(a) Class Y Weighing (per carrier)</ENT>
            </ROW>
            <ROW>
              <ENT I="07">(1) Truck/container</ENT>
              <ENT>0.70</ENT>
            </ROW>
            <ROW>
              <ENT I="07">(2) Railcar</ENT>
              <ENT>1.70</ENT>
            </ROW>
            <ROW>
              <ENT I="07">(3) Barge</ENT>
              <ENT>3.00</ENT>
            </ROW>
            <ROW>
              <ENT I="22">(3) Administrative Fee (assessed in addition to all other applicable fees, only one administrative fee will be assessed when inspection and weighing services are performed on the same carrier):</ENT>
            </ROW>
            <ROW>
              <ENT I="03" O="xl">(i) All outbound carriers serviced by the specific field office (per-metric ton):</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(a) League City</ENT>
              <ENT>0.192</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(b) New Orleans</ENT>
              <ENT>0.094</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(c) Portland</ENT>
              <ENT>0.191</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(d) Toledo</ENT>
              <ENT>0.306</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(e) Delegated States<SU>6</SU>
              </ENT>
              <ENT>0.061</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(f) Designated Agencies<SU>6</SU>
              </ENT>
              <ENT>0.061</ENT>
            </ROW>
            <TNOTE>
              <SU>1</SU>Canada fees include the noncontract hourly rate, the Toledo field office administrative fee, and the actual cost of travel.</TNOTE>
            <TNOTE>
              <SU>2</SU>Fees apply to original inspection and weighing, re-inspection, and appeal inspection service and include, but are not limited to, sampling, grading, weighing, prior to loading stowage examinations, and certifying results performed within 25 miles of an employee's assigned duty station. Travel and related expenses will be charged for service outside 25 miles as found in § 800.72(a).</TNOTE>
            <TNOTE>
              <SU>3</SU>Overtime rates will be assessed for all hours in excess of 8 consecutive hours that result from an applicant scheduling or requesting service beyond 8 hours, or if requests for additional shifts exceed existing staffing.</TNOTE>
            <TNOTE>
              <SU>4</SU>Appeal and re-inspection services will be assessed the same fee as the original inspection service.</TNOTE>
            <TNOTE>
              <SU>5</SU>Applicant must provide the test kit, instrument hardware, calibration control, and all supplies required by the test kit manufacturer.</TNOTE>
            <TNOTE>
              <SU>6</SU>Administrative fee is assessed on export grain inspected and/or weighed, excluding land carrier shipments to Canada and Mexico.</TNOTE>
          </GPOTABLE>
          <GPOTABLE CDEF="s200,12" COLS="2" OPTS="L2,p1,8/9,i1">

            <TTITLE>Table 2—Services Performed at Other Than an Applicant's Facility in an FGIS Laboratory<E T="51">1, 2</E>
            </TTITLE>
            <BOXHD>
              <CHED H="1"/>
              <CHED H="1"/>
            </BOXHD>
            <ROW>
              <ENT I="01" O="xl">(1) Original Inspection and Weighing (Class X) Services</ENT>
            </ROW>
            <ROW>
              <ENT I="03" O="xl">(i) Sampling only (use hourly rates from Table 1)</ENT>
            </ROW>
            <ROW>
              <ENT I="03" O="xl">(ii) Stationary lots (sampling, grade/factor, &amp; checkloading):</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(a) Truck/trailer/container (per carrier)</ENT>
              <ENT>$22.50</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(b) Railcar (per carrier)</ENT>
              <ENT>33.30</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(c) Barge (per carrier)</ENT>
              <ENT>209.10</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(d) Sacked grain (per hour per service representative plus an administrative fee per hundredweight) (CWT)</ENT>
              <ENT>0.08</ENT>
            </ROW>
            <ROW>
              <ENT I="03" O="xl">(iii) Lots sampled online during loading (sampling charge under (i) above, plus):</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(a) Truck/trailer container (per carrier)</ENT>
              <ENT>13.50</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(b) Railcar (per carrier)</ENT>
              <ENT>28.10</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(c) Barge (per carrier)</ENT>
              <ENT>143.00</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(d) Sacked grain (per hour per service representative plus an administrative fee per hundredweight) (CWT)</ENT>
              <ENT>0.08</ENT>
            </ROW>
            <ROW>
              <PRTPAGE P="2641"/>
              <ENT I="03" O="xl">(iv) Other services</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(a) Submitted sample (per sample—grade and factor)</ENT>
              <ENT>13.50</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(b) Warehouseman inspection (per sample)</ENT>
              <ENT>23.60</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(c) Factor only (per factor—maximum 2 factors)</ENT>
              <ENT>6.60</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(d) Checkloading/condition examination (use hourly rates from Table 1, plus an administrative fee per hundredweight if not previously assessed) (CWT)</ENT>
              <ENT>0.08</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(e) Re-inspection (grade and factor only. Sampling service additional, item (i) above)</ENT>
              <ENT>14.60</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(f) Class X Weighing (per hour per service representative)</ENT>
              <ENT>71.40</ENT>
            </ROW>
            <ROW>
              <ENT I="03" O="xl">(v) Additional tests (excludes sampling):</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(a) Aflatoxin (rapid test kit method)</ENT>
              <ENT>33.60</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(b) Aflatoxin (rapid test kit method—applicant provides kit)<SU>3</SU>
              </ENT>
              <ENT>31.60</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(c) All other Mycotoxins (rapid test kit method)</ENT>
              <ENT>43.20</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(d) All other Mycotoxins (rapid test kit method—applicant provides kit)<SU>3</SU>
              </ENT>
              <ENT>41.20</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(e) NIR or NMR Analysis (protein, oil, starch, etc.)</ENT>
              <ENT>11.40</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(f) Waxy corn (per test)</ENT>
              <ENT>11.40</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(g) Canola (per test—00 dip test)</ENT>
              <ENT>11.40</ENT>
            </ROW>
            <ROW>
              <ENT I="05" O="xl">(h) Pesticide Residue Testing:<SU>4</SU>
              </ENT>
            </ROW>
            <ROW>
              <ENT I="07">(1) Routine Compounds (per sample)</ENT>
              <ENT>240.90</ENT>
            </ROW>
            <ROW>
              <ENT I="07">(2) Special Compounds (Subject to availability)</ENT>
              <ENT>128.40</ENT>
            </ROW>
            <ROW>
              <ENT I="05" O="xl">(i) Fees for other tests not listed above will be based on the lowest noncontract hourly rate from Table 1</ENT>
            </ROW>
            <ROW>
              <ENT I="01" O="xl">(2) Appeal inspection and review of weighing service.<SU>5</SU>
              </ENT>
            </ROW>
            <ROW>
              <ENT I="03">(i) Board Appeals and Appeals (grade and factor)</ENT>
              <ENT>91.50</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(a) Factor only (per factor—max 2 factors)</ENT>
              <ENT>48.20</ENT>
            </ROW>
            <ROW>
              <ENT I="05" O="xl">(b) Sampling service for Appeals additional (hourly rates from Table 1)</ENT>
            </ROW>
            <ROW>
              <ENT I="03" O="xl">(ii) Additional tests (assessed in addition to all other applicable tests):</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(a) Aflatoxin (rapid test kit method)</ENT>
              <ENT>33.60</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(b) Aflatoxin (rapid test kit method—applicant provides kit)<SU>3</SU>
              </ENT>
              <ENT>31.60</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(c) All other Mycotoxins (rapid test kit method)</ENT>
              <ENT>52.60</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(d) All other Mycotoxins (rapid test kit method—applicant provides kit)<SU>3</SU>
              </ENT>
              <ENT>50.60</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(e) NIR or NMR Analysis (protein, oil, starch, etc.)</ENT>
              <ENT>19.80</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(f) Sunflower oil (per test)</ENT>
              <ENT>19.80</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(g) Mycotoxin (per test—HPLC)</ENT>
              <ENT>157.30</ENT>
            </ROW>
            <ROW>
              <ENT I="05" O="xl">(h) Pesticide Residue Testing:<SU>4</SU>
              </ENT>
            </ROW>
            <ROW>
              <ENT I="07">(1) Routine Compounds (per sample)</ENT>
              <ENT>240.90</ENT>
            </ROW>
            <ROW>
              <ENT I="07">(2) Special Compounds (Subject to availability)</ENT>
              <ENT>128.40</ENT>
            </ROW>
            <ROW>
              <ENT I="05" O="xl">(i) Fees for other tests not listed above will be based on the lowest noncontract hourly rate from Table 1.</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(iii) Review of weighing (per hour per service representative)</ENT>
              <ENT>92.30</ENT>
            </ROW>
            <ROW>
              <ENT I="01" O="xl">(3) Stowage examination (service-on-request):<SU>4</SU>
              </ENT>
            </ROW>
            <ROW>
              <ENT I="03">(i) Ship (per stowage space) (minimum $285.00 per ship)</ENT>
              <ENT>57.00</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(ii) Subsequent ship examinations (same as original) (minimum $171.00 per ship)</ENT>
              <ENT>57.00</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(iii) Barge (per examination)</ENT>
              <ENT>45.80</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(iv) All other carriers (per examination)</ENT>
              <ENT>18.00</ENT>
            </ROW>
            <TNOTE>
              <SU>1</SU>Fees apply to original inspection and weighing, re-inspection, and appeal inspection service and include, but are not limited to, sampling, grading, weighing, prior to loading stowage examinations, and certifying results performed within 25 miles of an employee's assigned duty station. Travel and related expenses will be charged for service outside 25 miles as found in § 800.72(a).</TNOTE>
            <TNOTE>
              <SU>2</SU>An additional charge will be assessed when the revenue from the services in Schedule A, Table 2, does not cover what would have been collected at the applicable hourly rate as provided in § 800.72(b).</TNOTE>
            <TNOTE>
              <SU>3</SU>Applicant must provide the test kit, instrument hardware, calibration control, and all supplies required by the test kit manufacturer.</TNOTE>
            <TNOTE>
              <SU>4</SU>If performed outside of normal business, 1<FR>1/2</FR>times the applicable unit fee will be charged.</TNOTE>
            <TNOTE>
              <SU>5</SU>If, at the request of the Service, a file sample is located and forwarded by the Agency, the Agency may, upon request, be reimbursed at the rate of $3.50 per sample by the Service.</TNOTE>
          </GPOTABLE>
          <GPOTABLE CDEF="s200,12" COLS="2" OPTS="L2,p1,8/9,i1">
            <TTITLE>Table 3—Miscellaneous Services<SU>1</SU>
            </TTITLE>
            <BOXHD>
              <CHED H="1"/>
              <CHED H="1"/>
            </BOXHD>
            <ROW>
              <ENT I="01">(1) Grain grading seminars (per hour per service representative)<SU>2</SU>
              </ENT>
              <ENT>$71.40</ENT>
            </ROW>
            <ROW>
              <ENT I="01">(2) Certification of diverter-type mechanical samplers (per hour per service representative)<SU>2</SU>
              </ENT>
              <ENT>71.40</ENT>
            </ROW>
            <ROW>
              <ENT I="01" O="xl">(3) Special weighing services (per hour per service representative):<SU>2</SU>
              </ENT>
            </ROW>
            <ROW>
              <ENT I="03">(i) Scale testing and certification</ENT>
              <ENT>92.90</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(ii) Scale testing and certification of railroad track scales</ENT>
              <ENT>92.90</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(iii) Evaluation of weighing and material handling systems</ENT>
              <ENT>92.90</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(iv) NTEP Prototype evaluation (other than Railroad Track Scales)</ENT>
              <ENT>92.90</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(v) NTEP Prototype evaluation of Railroad Track Scale</ENT>
              <ENT>92.90</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(vi) Use of GIPSA railroad track scale test equipment per facility for each requested service. (Track scales tested under the Association of American Railroads agreement are exempt.)</ENT>
              <ENT>557.30</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(vii) Mass standards calibration and re-verification</ENT>
              <ENT>92.90</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(viii) Special projects</ENT>
              <ENT>92.90</ENT>
            </ROW>
            <ROW>
              <ENT I="01">(4) Foreign travel (hourly fee)<SU>3</SU>
              </ENT>
              <ENT>92.90</ENT>
            </ROW>
            <ROW>
              <ENT I="01">(5) Online customized data service:</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(i) One data file per week for 1 year</ENT>
              <ENT>557.30</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(ii) One data file per month for 1 year</ENT>
              <ENT>334.40</ENT>
            </ROW>
            <ROW>
              <ENT I="01">(6) Samples provided to interested parties (per sample)</ENT>
              <ENT>3.50</ENT>
            </ROW>
            <ROW>
              <ENT I="01">(7) Divided-lot certificates (per certificate)</ENT>
              <ENT>2.20</ENT>
            </ROW>
            <ROW>
              <ENT I="01">(8) Extra copies of certificates (per certificate)</ENT>
              <ENT>2.20</ENT>
            </ROW>
            <ROW>
              <ENT I="01">(9) Faxing (per page)</ENT>
              <ENT>2.20</ENT>
            </ROW>
            <ROW>
              <PRTPAGE P="2642"/>
              <ENT I="01">(10) Special mailing</ENT>
              <ENT>Actual Cost</ENT>
            </ROW>
            <ROW>
              <ENT I="01">(11) Preparing certificates onsite or during other than normal business hours (use hourly rates from Table 1)</ENT>
            </ROW>
            <TNOTE>
              <SU>1</SU>Any requested service that is not listed will be performed at $71.40 per hour.</TNOTE>
            <TNOTE>
              <SU>2</SU>Regular business hours—Monday through Friday—service provided at other than regular business hours will be charged at 1<FR>1/2</FR>times the applicable hourly rate. (See § 800.0(b)(14) for definition of “business day.”)</TNOTE>
            <TNOTE>
              <SU>3</SU>Foreign travel charged hourly fee of $92.90 plus travel, per diem, and related expenditures.</TNOTE>
          </GPOTABLE>
          <HD SOURCE="HD1">Schedule B—Fees for FGIS Supervision of Official Inspection and Weighing Services Performed by Delegated States and/or Designated Agencies in the U.S.</HD>
          <P>The supervision fee charged by the Service is $0.011 per metric ton of domestic U.S. grain shipments inspected and/or weighed, including land carrier shipments to Canada and Mexico.</P>
          <P>(a)<E T="03">Registration certificates and renewals.</E>(1) The nature of your business will determine the fees that your business must pay for registration certificates and renewals:</P>
          <P>(i) If you operate a business that buys, handles, weighs, or transports grain for sale in foreign commerce, you must pay $135.00.</P>
          <P>(ii) If you operate a business that buys, handles, weighs, or transports grain for sale in foreign commerce and you are also in a control relationship (see definition in section 17A(b)(2) of the Act) with respect to a business that buys, handles, weighs, or transports grain for sale in interstate commerce, you must pay $270.00.</P>
          <P>(2) If you request extra copies of registration certificates, you must pay $2.20 for each copy.</P>
          <P>(b)<E T="03">Designation amendments.</E>If you submit an application to amend a designation, you must pay $75.00.</P>
          <P>(c) If you submit an application to operate as a scale testing organization, you must pay $250.00.</P>
          <HD SOURCE="HD1">Schedule A—Fees for Official Inspection and Weighing Services Performed in the United States and Canada<SU>1</SU>
          </HD>
          <HD SOURCE="HD2">Effective October 1, 2016 Through September 30, 2017</HD>
          <HD SOURCE="HD3">(Fiscal Year 2017)</HD>
          <GPOTABLE CDEF="s100,10,10,11,10" COLS="5" OPTS="L2,i1">
            <TTITLE>Table 1—Fees for Official Services Performed at an Applicant's Facility in an Onsite FGIS Laboratory<SU>2</SU>
            </TTITLE>
            <BOXHD>
              <CHED H="1"/>
              <CHED H="1">Monday to Friday<LI>(6 a.m. to</LI>
                <LI>6 p.m.)</LI>
              </CHED>
              <CHED H="1">Monday to Friday<LI>(6 p.m. to</LI>
                <LI>6 a.m.)</LI>
              </CHED>
              <CHED H="1">Saturday,<LI>Sunday, and overtime<SU>3</SU>
                </LI>
              </CHED>
              <CHED H="1">Holidays</CHED>
            </BOXHD>
            <ROW>
              <ENT I="22">(1) Inspection and Weighing Services Hourly Rates (per service representative):</ENT>
            </ROW>
            <ROW>
              <ENT I="03">1-year contract ($ per hour)</ENT>
              <ENT>$41.10</ENT>
              <ENT>43.00</ENT>
              <ENT>49.20</ENT>
              <ENT>72.90</ENT>
            </ROW>
            <ROW RUL="s">
              <ENT I="03">Noncontract ($ per hour)</ENT>
              <ENT>72.90</ENT>
              <ENT>72.90</ENT>
              <ENT>72.90</ENT>
              <ENT>72.90</ENT>
            </ROW>
            <ROW EXPSTB="03">
              <ENT I="22">(2) Additional Tests (cost per test, assessed in addition to the hourly rate):<SU>4</SU>
              </ENT>
            </ROW>
            <ROW>
              <ENT I="03">(i) Aflatoxin (rapid test kit method)</ENT>
              <ENT>11.70</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(ii) Aflatoxin (rapid test kit method-applicant provides kit)<SU>5</SU>
              </ENT>
              <ENT>9.70</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(iii) All other Mycotoxins (rapid test kit method)</ENT>
              <ENT>21.30</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(iv) All other Mycotoxins (rapid test kit method-applicant provides kit)<SU>5</SU>
              </ENT>
              <ENT>19.30</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(v) NIR or NMR Analysis (protein, oil, starch, etc.)</ENT>
              <ENT>2.80</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(vi) Waxy corn (per test)</ENT>
              <ENT>2.80</ENT>
            </ROW>
            <ROW>
              <ENT I="03" O="xl">(vii) Fees for other tests not listed above will be based on the lowest noncontract hourly rate</ENT>
            </ROW>
            <ROW>
              <ENT I="03" O="xl">(viii) Other services</ENT>
            </ROW>
            <ROW>
              <ENT I="05" O="xl">(a) Class Y Weighing (per carrier)</ENT>
            </ROW>
            <ROW>
              <ENT I="07">(1) Truck/container</ENT>
              <ENT>0.80</ENT>
            </ROW>
            <ROW>
              <ENT I="07">(2) Railcar</ENT>
              <ENT>1.80</ENT>
            </ROW>
            <ROW>
              <ENT I="07">(3) Barge</ENT>
              <ENT>3.10</ENT>
            </ROW>
            <ROW EXPSTB="03">
              <ENT I="22">(3) Administrative Fee (assessed in addition to all other applicable fees, only one administrative fee will be assessed when inspection and weighing services are performed on the same carrier):</ENT>
            </ROW>
            <ROW EXPSTB="00">
              <ENT I="03" O="xl">(i) All outbound carriers serviced by the specific field office (per-metric ton):</ENT>
              <ENT/>
            </ROW>
            <ROW>
              <ENT I="05">(a) League City</ENT>
              <ENT/>
              <ENT/>
              <ENT/>
              <ENT>0.196</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(b) New Orleans</ENT>
              <ENT/>
              <ENT/>
              <ENT/>
              <ENT>0.096</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(c) Portland</ENT>
              <ENT/>
              <ENT/>
              <ENT/>
              <ENT>0.195</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(d) Toledo</ENT>
              <ENT/>
              <ENT/>
              <ENT/>
              <ENT>0.313</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(e) Delegated States<SU>6</SU>
              </ENT>
              <ENT/>
              <ENT/>
              <ENT/>
              <ENT>0.063</ENT>
            </ROW>
            <ROW EXPSTB="00">
              <ENT I="05">(f) Designated Agencies<SU>6</SU>
              </ENT>
              <ENT/>
              <ENT/>
              <ENT/>
              <ENT>0.063</ENT>
            </ROW>
            <TNOTE>
              <SU>1</SU>Canada fees include the noncontract hourly rate, the Toledo field office administrative fee, and the actual cost of travel.</TNOTE>
            <TNOTE>
              <SU>2</SU>Fees apply to original inspection and weighing, re-inspection, and appeal inspection service and include, but are not limited to, sampling, grading, weighing, prior to loading stowage examinations, and certifying results performed within 25 miles of an employee's assigned duty station. Travel and related expenses will be charged for service outside 25 miles as found in § 800.72(a).</TNOTE>
            <TNOTE>
              <SU>3</SU>Overtime rates will be assessed for all hours in excess of 8 consecutive hours that result from an applicant scheduling or requesting service beyond 8 hours, or if requests for additional shifts exceed existing staffing.</TNOTE>
            <TNOTE>
              <SU>4</SU>Appeal and re-inspection services will be assessed the same fee as the original inspection service.</TNOTE>
            <TNOTE>
              <SU>5</SU>Applicant must provide the test kit, instrument hardware, calibration control, and all supplies required by the test kit manufacturer.</TNOTE>
            <TNOTE>
              <SU>6</SU>Administrative fee is assessed on export grain inspected and/or weighed, excluding land carrier shipments to Canada and Mexico.</TNOTE>
          </GPOTABLE>
          <GPOTABLE CDEF="s200,8" COLS="2" OPTS="L2,p1,8/9,i1">
            <TTITLE>Table 2—Services Performed at Other Than an Applicant's Facility in an FGIS Laboratory<SU>1,2</SU>
            </TTITLE>
            <BOXHD>
              <CHED H="1"/>
              <CHED H="1"/>
            </BOXHD>
            <ROW>
              <ENT I="22">(1) Original Inspection and Weighing (Class X) Services</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(i) Sampling only (use hourly rates from Table 1)</ENT>
            </ROW>
            <ROW>
              <PRTPAGE P="2643"/>
              <ENT I="13">(ii) Stationary lots (sampling, grade/factor, &amp; checkloading):</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(a) Truck/trailer/container (per carrier)</ENT>
              <ENT>$23.00</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(b) Railcar (per carrier)</ENT>
              <ENT>34.00</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(c) Barge (per carrier)</ENT>
              <ENT>213.30</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(d) Sacked grain (per hour per service representative plus an administrative fee per hundredweight) (CWT)</ENT>
              <ENT>0.09</ENT>
            </ROW>
            <ROW>
              <ENT I="13">(iii) Lots sampled online during loading (sampling charge under (i) above, plus):</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(a) Truck/trailer container (per carrier)</ENT>
              <ENT>13.80</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(b) Railcar (per carrier)</ENT>
              <ENT>28.70</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(c) Barge (per carrier)</ENT>
              <ENT>145.90</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(d) Sacked grain (per hour per service representative plus an administrative fee per hundredweight) (CWT)</ENT>
              <ENT>0.09</ENT>
            </ROW>
            <ROW>
              <ENT I="03" O="xl">(iv) Other services</ENT>
              <ENT O="xl"/>
            </ROW>
            <ROW>
              <ENT I="05">(a) Submitted sample (per sample—grade and factor)</ENT>
              <ENT>13.80</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(b) Warehouseman inspection (per sample)</ENT>
              <ENT>24.10</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(c) Factor only (per factor—maximum 2 factors)</ENT>
              <ENT>6.80</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(d) Checkloading/condition examination (use hourly rates from Table 1, plus an administrative fee per hundredweight if not previously assessed) (CWT)</ENT>
              <ENT>0.09</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(e) Re-inspection (grade and factor only. Sampling service additional, item (i) above)</ENT>
              <ENT>14.90</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(f) Class X Weighing (per hour per service representative)</ENT>
              <ENT>72.90</ENT>
            </ROW>
            <ROW>
              <ENT I="03" O="xl">(v) Additional tests (excludes sampling):</ENT>
              <ENT O="xl"/>
            </ROW>
            <ROW>
              <ENT I="05">(a) Aflatoxin (rapid test kit method)</ENT>
              <ENT>34.30</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(b) Aflatoxin (rapid test kit method-applicant provides kit)<SU>3</SU>
              </ENT>
              <ENT>32.30</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(c) All other Mycotoxins (rapid test kit method)</ENT>
              <ENT>44.10</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(d) All other Mycotoxins (rapid test kit method-applicant provides kit)<SU>3</SU>
              </ENT>
              <ENT>42.10</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(e) NIR or NMR Analysis (protein, oil, starch, etc.)</ENT>
              <ENT>11.70</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(f) Waxy corn (per test)</ENT>
              <ENT>11.70</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(g) Canola (per test-00 dip test)</ENT>
              <ENT>11.70</ENT>
            </ROW>
            <ROW>
              <ENT I="05" O="xl">(h) Pesticide Residue Testing:<SU>4</SU>
              </ENT>
            </ROW>
            <ROW>
              <ENT I="07">(1) Routine Compounds (per sample)</ENT>
              <ENT>245.80</ENT>
            </ROW>
            <ROW>
              <ENT I="07">(2) Special Compounds (Subject to availability)</ENT>
              <ENT>131.00</ENT>
            </ROW>
            <ROW>
              <ENT I="15">(i) Fees for other tests not listed above will be based on the lowest noncontract hourly rate from Table 1.</ENT>
            </ROW>
            <ROW>
              <ENT I="22">(2) Appeal inspection and review of weighing service<SU>5</SU>
              </ENT>
            </ROW>
            <ROW>
              <ENT I="03">(i) Board Appeals and Appeals (grade and factor)</ENT>
              <ENT>93.40</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(a) Factor only (per factor—max 2 factors)</ENT>
              <ENT>49.20</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(b) Sampling service for Appeals additional (hourly rates from Table 1)</ENT>
            </ROW>
            <ROW>
              <ENT I="13">(ii) Additional tests (assessed in addition to all other applicable tests):</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(a) Aflatoxin (rapid test kit method)</ENT>
              <ENT>34.30</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(b) Aflatoxin (rapid test kit method-applicant provides kit)<SU>3</SU>
              </ENT>
              <ENT>32.30</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(c) All other Mycotoxins (rapid test kit method)</ENT>
              <ENT>53.70</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(d) All other Mycotoxins (rapid test kit method-applicant provides kit)<SU>3</SU>
              </ENT>
              <ENT>51.70</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(e) NIR or NMR Analysis (protein, oil, starch, etc.)</ENT>
              <ENT>20.20</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(f) Sunflower oil (per test)</ENT>
              <ENT>20.20</ENT>
            </ROW>
            <ROW>
              <ENT I="05">(g) Mycotoxin (per test-HPLC)</ENT>
              <ENT>160.50</ENT>
            </ROW>
            <ROW>
              <ENT I="05" O="xl">(h) Pesticide Residue Testing:<SU>4</SU>
              </ENT>
            </ROW>
            <ROW>
              <ENT I="07">(1) Routine Compounds (per sample)</ENT>
              <ENT>245.80</ENT>
            </ROW>
            <ROW>
              <ENT I="07">(2) Special Compounds (Subject to availability)</ENT>
              <ENT>131.00</ENT>
            </ROW>
            <ROW>
              <ENT I="15">(i) Fees for other tests not listed above will be based on the lowest noncontract hourly rate from Table 1.</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(iii) Review of weighing (per hour per service representative)</ENT>
              <ENT>94.20</ENT>
            </ROW>
            <ROW>
              <ENT I="22">(3) Stowage examination (service-on-request):<SU>4</SU>
              </ENT>
            </ROW>
            <ROW>
              <ENT I="03">(i) Ship (per stowage space) (minimum $291.00 per ship)</ENT>
              <ENT>58.20</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(ii) Subsequent ship examinations (same as original) (minimum $174.60 per ship)</ENT>
              <ENT>58.20</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(iii) Barge (per examination)</ENT>
              <ENT>46.80</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(iv) All other carriers (per examination)</ENT>
              <ENT>18.40</ENT>
            </ROW>
            <TNOTE>
              <SU>1</SU>Fees apply to original inspection and weighing, re-inspection, and appeal inspection service and include, but are not limited to, sampling, grading, weighing, prior to loading stowage examinations, and certifying results performed within 25 miles of an employee's assigned duty station. Travel and related expenses will be charged for service outside 25 miles as found in § 800.72(a).</TNOTE>
            <TNOTE>
              <SU>2</SU>An additional charge will be assessed when the revenue from the services in Schedule A, Table 2, does not cover what would have been collected at the applicable hourly rate as provided in § 800.72(b).</TNOTE>
            <TNOTE>
              <SU>3</SU>Applicant must provide the test kit, instrument hardware, calibration control, and all supplies required by the test kit manufacturer.</TNOTE>
            <TNOTE>
              <SU>4</SU>If performed outside of normal business, 1<FR>1/2</FR>times the applicable unit fee will be charged.</TNOTE>
            <TNOTE>
              <SU>5</SU>If, at the request of the Service, a file sample is located and forwarded by the Agency, the Agency may, upon request, be reimbursed at the rate of $3.60 per sample by the Service.</TNOTE>
          </GPOTABLE>
          <GPOTABLE CDEF="s200,8" COLS="2" OPTS="L2,p1,8/9,i1">
            <TTITLE>Table 3—Miscellaneous Services<SU>1</SU>
            </TTITLE>
            <BOXHD>
              <CHED H="1"/>
              <CHED H="1"/>
            </BOXHD>
            <ROW>
              <ENT I="01">(1) Grain grading seminars (per hour per service representative)<SU>2</SU>
              </ENT>
              <ENT>$72.90</ENT>
            </ROW>
            <ROW>
              <ENT I="01">(2) Certification of diverter-type mechanical samplers (per hour per service representative)<SU>2</SU>
              </ENT>
              <ENT>72.90</ENT>
            </ROW>
            <ROW>
              <ENT I="22">(3) Special weighing services (per hour per service representative):<SU>2</SU>
              </ENT>
            </ROW>
            <ROW>
              <ENT I="03">(i) Scale testing and certification</ENT>
              <ENT>94.80</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(ii) Scale testing and certification of railroad track scales</ENT>
              <ENT>94.80</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(iii) Evaluation of weighing and material handling systems</ENT>
              <ENT>94.80</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(iv) NTEP Prototype evaluation (other than Railroad Track Scales)</ENT>
              <ENT>94.80</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(v) NTEP Prototype evaluation of Railroad Track Scale</ENT>
              <ENT>94.80</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(vi) Use of GIPSA railroad track scale test equipment per facility for each requested service. (Track scales tested under the Association of American Railroads agreement are exempt.)</ENT>
              <ENT>568.50</ENT>
            </ROW>
            <ROW>
              <PRTPAGE P="2644"/>
              <ENT I="03">(vii) Mass standards calibration and re-verification</ENT>
              <ENT>94.80</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(viii) Special projects</ENT>
              <ENT>94.80</ENT>
            </ROW>
            <ROW>
              <ENT I="01">(4) Foreign travel (hourly fee)<SU>3</SU>
              </ENT>
              <ENT>94.80</ENT>
            </ROW>
            <ROW>
              <ENT I="22">(5) Online customized data service:</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(i) One data file per week for 1 year</ENT>
              <ENT>568.50</ENT>
            </ROW>
            <ROW>
              <ENT I="03">(ii) One data file per month for 1 year</ENT>
              <ENT>341.10</ENT>
            </ROW>
            <ROW>
              <ENT I="01">(6) Samples provided to interested parties (per sample)</ENT>
              <ENT>3.60</ENT>
            </ROW>
            <ROW>
              <ENT I="01">(7) Divided-lot certificates (per certificate)</ENT>
              <ENT>2.30</ENT>
            </ROW>
            <ROW>
              <ENT I="01">(8) Extra copies of certificates (per certificate)</ENT>
              <ENT>2.30</ENT>
            </ROW>
            <ROW>
              <ENT I="01">(9) Faxing (per page)</ENT>
              <ENT>2.30</ENT>
            </ROW>
            <ROW>
              <ENT I="01">(10) Special mailing</ENT>
              <ENT>Actual Cost</ENT>
            </ROW>
            <ROW>
              <ENT I="22">(11) Preparing certificates onsite or during other than normal business hours (use hourly rates from Table 1).</ENT>
            </ROW>
            <TNOTE>
              <SU>1</SU>Any requested service that is not listed will be performed at $72.90 per hour.</TNOTE>
            <TNOTE>
              <SU>2</SU>Regular business hours—Monday through Friday—service provided at other than regular business hours will be charged at 1<FR>1/2</FR>times the applicable hourly rate. (See § 800.0(b)(14) for definition of “business day.”)</TNOTE>
            <TNOTE>
              <SU>3</SU>Foreign travel charged hourly fee of $94.80 plus travel, per diem, and related expenditures.</TNOTE>
          </GPOTABLE>
          <HD SOURCE="HD1">Schedule B—Fees for FGIS Supervision of Official Inspection and Weighing Services Performed by Delegated States and/or Designated Agencies in the U.S.</HD>
          <P>The supervision fee charged by the Service is $0.011 per metric ton of domestic U.S. grain shipments inspected and/or weighed, including land carrier shipments to Canada and Mexico.</P>
          <P>(a)<E T="03">Registration certificates and renewals.</E>(1) The nature of your business will determine the fees that your business must pay for registration certificates and renewals:</P>
          <P>(i) If you operate a business that buys, handles, weighs, or transports grain for sale in foreign commerce, you must pay $135.00.</P>
          <P>(ii) If you operate a business that buys, handles, weighs, or transports grain for sale in foreign commerce and you are also in a control relationship (see definition in section 17A(b)(2) of the Act) with respect to a business that buys, handles, weighs, or transports grain for sale in interstate commerce, you must pay $270.00.</P>
          <P>(2) If you request extra copies of registration certificates, you must pay $2.30 for each copy.</P>
          <P>(b)<E T="03">Designation amendments.</E>If you submit an application to amend a designation, you must pay $75.00.</P>
          <P>(c) If you submit an application to operate as a scale testing organization, you must pay $250.00.</P>
        </SECTION>
        <SIG>
          <NAME>Larry Mitchell,</NAME>
          <TITLE>Administrator,Grain Inspection, Packers and Stockyards.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00455 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3410-KD-P</BILCOD>
    </PRORULE>
    <PRORULE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Federal Aviation Administration</SUBAGY>
        <CFR>14 CFR Part 39</CFR>
        <DEPDOC>[Docket No. FAA-2012-1114; Directorate Identifier 2012-NE-21-AD]</DEPDOC>
        <RIN>RIN 2120-AA64</RIN>
        <SUBJECT>Airworthiness Directives; CFM International, S.A. Turbofan Engines</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Aviation Administration (FAA), DOT.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of proposed rulemaking (NPRM).</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>We propose to adopt a new airworthiness directive (AD) for certain CFM International, S. A. (CFM) model CFM56-5 and CFM56-5B series turbofan engines. This proposed AD was prompted by corrosion of the delta P valve in the hydromechanical unit (HMU) caused by contaminants in type TS-1 fuel. This proposed AD would require cleaning, inspection and repair of affected HMUs. We are proposing this AD to prevent seizure of the HMU, leading to failure of one or more engines and damage to the airplane.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>We must receive comments on this proposed AD by March 15, 2013.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>You may send comments by any of the following methods:</P>
          <P>•<E T="03">Federal eRulemaking Portal:</E>Go to<E T="03">http://www.regulations.gov</E>and follow the instructions for sending your comments electronically.</P>
          <P>•<E T="03">Mail:</E>Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001.</P>
          <P>•<E T="03">Hand Delivery:</E>Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.</P>
          <P>•<E T="03">Fax:</E>202-493-2251.</P>

          <P>For service information identified in this proposed AD, contact CFM International Inc., Aviation Operations Center, 1 Neumann Way, M/D Room 285, Cincinnati, OH 45125; International phone: 1-513-552-3272; USA phone: 877-432-3272; International fax: 1-513-552-3329; USA fax: 877-432-3329; email:<E T="03">geae.aoc@ge.com;</E>or CFM International SA, Customer Support Center, International phone: 33 1 64 14 88 66; fax: 33 1 64 79 85 55; email:<E T="03">snecma.csc@snecma.fr.</E>You may view this service information at the FAA, Engine &amp; Propeller Directorate, 12 New England Executive Park, Burlington, MA. For information on the availability of this material at the FAA, call 781-238-7125.</P>
        </ADD>
        <HD SOURCE="HD1">Examining the AD Docket</HD>
        <P>You may examine the AD docket on the Internet at<E T="03">http://www.regulations.gov;</E>or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (phone: 800-647-5527) is the same as the Mail address provided in the<E T="02">ADDRESSES</E>section. Comments will be available in the AD docket shortly after receipt.</P>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Martin Adler, Aerospace Engineer, Engine Certification Office, FAA, Engine &amp; Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; phone: 781-238-7157; fax: 781-238-7199; email:<E T="03">martin.adler@faa.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <HD SOURCE="HD1">Comments Invited</HD>

        <P>We invite you to send any written relevant data, views, or arguments about<PRTPAGE P="2645"/>this proposed AD. Send your comments to an address listed under the<E T="02">ADDRESSES</E>section. Include “Docket No. FAA-2012-1114; Directorate Identifier 2012-NE-21-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments.</P>
        <P>We will post all comments we receive, without change, to<E T="03">http://www.regulations.gov,</E>including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this proposed AD.</P>
        <HD SOURCE="HD1">Discussion</HD>
        <P>We have received reports over the past 18 months of CFM model CFM56-5 and CFM56-5B series turbofan engines, when operated on type TS-1 fuel, that have experienced an in-flight shutdown resulting from HMU failures. Investigation has determined that these HMU failures were caused by corrosion and seizure of the HMU delta P valve. Fuel samples from event airplanes also contained contaminants and corrosive catalysts. This condition, if not corrected, could result in seizure of the HMU, leading to failure of one or more engines and damage to the airplane.</P>
        <HD SOURCE="HD1">Relevant Service Information</HD>
        <P>We reviewed CFM Service Bulletin (SB) CFM56-5 S/B 73-0182, Revision 7, dated September 25, 2012, and CFM SB CFM56-5B S/B 73-0122, Revision 9, dated September 25, 2012. The service information describes procedures for cleaning, inspection, and repair of the affected HMUs.</P>
        <HD SOURCE="HD1">FAA's Determination</HD>
        <P>We are issuing this proposed AD because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist in other products of the same type design.</P>
        <HD SOURCE="HD1">Proposed AD Requirements</HD>
        <P>This proposed AD would require removing, cleaning, inspection, and repair of the affected HMUs.</P>
        <HD SOURCE="HD1">Costs of Compliance</HD>
        <P>Based on the service information, we estimate that this proposed AD would not affect any products of U.S. registry. We also estimate that it would take about 4 hours per engine to comply with this proposed AD. The average labor rate is $85 per hour. Based on these figures, we estimate the proposed AD to have no cost impact to U.S. operators.</P>
        <HD SOURCE="HD1">Authority for This Rulemaking</HD>
        <P>Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority.</P>
        <P>We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.</P>
        <HD SOURCE="HD1">Regulatory Findings</HD>
        <P>We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government.</P>
        <P>
          <E T="03">For the reasons discussed above, I certify this proposed regulation:</E>
        </P>
        <P>(1) Is not a “significant regulatory action” under Executive Order 12866,</P>
        <P>(2) Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979),</P>
        <P>(3) Will not affect intrastate aviation in Alaska, and</P>
        <P>(4) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 14 CFR Part 39</HD>
          <P>Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.</P>
        </LSTSUB>
        <HD SOURCE="HD1">The Proposed Amendment</HD>
        <P>Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows:</P>
        <PART>
          <HD SOURCE="HED">PART 39—AIRWORTHINESS DIRECTIVES</HD>
        </PART>
        <AMDPAR>1. The authority citation for part 39 continues to read as follows:</AMDPAR>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>49 U.S.C. 106(g), 40113, 44701.</P>
        </AUTH>
        <SECTION>
          <SECTNO>§ 39.13</SECTNO>
          <SUBJECT>[Amended]</SUBJECT>
        </SECTION>
        <AMDPAR>2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD):</AMDPAR>
        
        <EXTRACT>
          <FP SOURCE="FP-2">
            <E T="04">CFM International S.A.:</E>Docket No. FAA-2012-1114; Directorate Identifier 2012-NE-21-AD.</FP>
          <HD SOURCE="HD1">(a) Comments Due Date</HD>
          <P>We must receive comments by March 15, 2013.</P>
          <HD SOURCE="HD1">(b) Affected ADs</HD>
          <P>None.</P>
          <HD SOURCE="HD1">(c) Applicability</HD>
          <P>This AD applies to CFM International S.A. (CFM) CFM56-5 and CFM56-5B series turbofan engines with any of the hydromechanical unit (HMU) fuel control part numbers (P/Ns) in paragraphs (c)(1) and (c)(2) of this AD, installed:</P>
          <P>(1) CFM56-5: CFM P/Ns 1348M79P02; 1348M79P03; 1348M79P04; 1348M79P06; 1348M79P07; 1348M79P08; 1348M79P09; 1348M79P10; 1348M79P11; 1348M79P12; 1348M79P13; and 1348M79P14.</P>
          <P>(2) CFM56-5B: CFM P/Ns: 1348M79P08; 1348M79P09; 1348M79P10; 1348M79P11; 1348M79P12; 1348M79P13; and 1348M79P14.</P>
          <HD SOURCE="HD1">(d) Unsafe Condition</HD>
          <P>This AD was prompted by corrosion of the delta P valve in the HMU fuel control caused by exposure to type TS-1 fuel. We are issuing this AD to prevent seizure of the HMU, leading to failure of one or more engines and damage to the airplane.</P>
          <HD SOURCE="HD1">(e) Compliance</HD>
          <P>Unless already done, do the following:</P>
          <HD SOURCE="HD1">(f) Record Type TS-1 Fuel Usage</HD>
          <P>(1) From the effective date of this AD, record all TS-1 fuel usage.</P>
          <P>(2) If the HMU never uses TS-1 fuel, no further action is required.</P>
          <HD SOURCE="HD1">(g) Initial Inspection</HD>
          <P>If the HMU has operated on TS-1 fuel, inspect the HMU for corrosion as follows:</P>
          <P>(1) For an HMU that has operated for less than 8,000 hours since new (HSN) or hours since last overhaul, inspect the HMU before 10,000 HSN or hours since last overhaul, whichever comes later.</P>
          <P>(2) For an HMU that has operated for 8,000 or more HSN or hours since last overhaul, inspect the HMU within 24 months or 2,000 hours after the effective date of this AD, whichever comes first.</P>

          <P>(3) Use paragraph 3.A(2) of CFM Service Bulletin (SB) CFM56-5 S/B 73-0182, Revision 7, dated September 25, 2012, or CFM SB CFM56-5B S/B 73-0122, Revision 9, dated September 25, 2012, to do the inspection.<PRTPAGE P="2646"/>
          </P>
          <HD SOURCE="HD1">(h) Repetitive Inspections</HD>
          <P>Repeat the inspection required in paragraph (g)(3) of this AD before 10,000 hours since last overhaul if after last overhaul the HMU is exposed to TS-1 fuel.</P>
          <HD SOURCE="HD1">(i) Paperwork Reduction Act Burden Statement</HD>
          <P>A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2120-0056. Public reporting for this collection of information is estimated to be approximately 5 minutes per response, including the time for reviewing instructions, completing and reviewing the collection of information. All responses to this collection of information are mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn: Information Collection Clearance Officer, AES-200.</P>
          <HD SOURCE="HD1">(j) Alternative Methods of Compliance (AMOCs)</HD>
          <P>The Manager, Engine Certification Office, may approve AMOCs for this AD. Use the procedures found in 14 CFR 39.19 to make your request.</P>
          <HD SOURCE="HD1">(k) Related Information</HD>

          <P>(1) For more information about this AD, contact Martin Adler, Aerospace Engineer, Engine Certification Office, FAA, Engine &amp; Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; phone: 781-238-7157; fax: 781-238-7199; email:<E T="03">martin.adler@faa.gov.</E>
          </P>
          <P>(2) Refer to EASA Airworthiness Directive No. 2012-0123, dated July 9, 2012, and CFM SBs CFM56-5 S/B 73-0182, Revision 7, dated September 25, 2012, and CFM56-5B S/B 73-0122, Revision 9, dated September 25, 2012, for related information.</P>

          <P>(3) For service information identified in this AD, contact CFM International Inc., Aviation Operations Center, 1 Neumann Way, M/D Room 285, Cincinnati, OH 45125; International phone: 1-513-552-3272; USA phone: 877-432-3272; International fax: 1-513-552-3329; USA fax: 877-432-3329; email:<E T="03">geae.aoc@ge.com;</E>or CFM International SA, Customer Support Center, International phone: 33 1 64 14 88 66; fax: 33 1 64 79 85 55; email:<E T="03">snecma.csc@snecma.fr.</E>
          </P>
          <P>(4) You may view this service information at the FAA, Engine &amp; Propeller Directorate, 12 New England Executive Park, Burlington, MA. For information on the availability of this material at the FAA, call 781-238-7125.</P>
        </EXTRACT>
        
        <SIG>
          <DATED>Issued in Burlington, Massachusetts, on January 4, 2013.</DATED>
          <NAME>Robert J. Ganley,</NAME>
          <TITLE>Acting Manager, Engine &amp; Propeller Directorate, Aircraft Certification Service.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00529 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-13-P</BILCOD>
    </PRORULE>
    <PRORULE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Federal Aviation Administration</SUBAGY>
        <CFR>14 CFR Part 71</CFR>
        <DEPDOC>[Docket No. FAA-2012-0966; Airspace Docket No. 12-AWA-5]</DEPDOC>
        <RIN>RIN 2120-AA66</RIN>
        <SUBJECT>Proposed Modification of Class B Airspace; Las Vegas, NV</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Aviation Administration (FAA), DOT.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of proposed rulemaking (NPRM); Reopening of comment period.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This action reopens the comment period for an NPRM that was published on October 26, 2012. In that document, the FAA proposed to modify the Las Vegas, NV, Class B airspace area to ensure the containment of large turbine-powered aircraft within Class B airspace.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The comment period for the NPRM published in the<E T="04">Federal Register</E>on October 26, 2012 (77 FR 65332) closed on December 26, 2012, is reopened until February 13, 2013.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, M-30, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001; telephone: (202) 366-9826. You must identify FAA Docket No. FAA-2012-0966 and Airspace Docket No. 12-AWA-5, at the beginning of your comments. You may also submit comments through the Internet at<E T="03">http://www.regulations.gov</E>.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Paul Gallant, Airspace Policy and ATC Procedures Group, Office of Airspace Services, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-8783.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Comments Invited</HD>
        <P>Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal.</P>

        <P>Communications should identify both docket numbers (FAA Docket No. FAA-2012-0966 and Airspace Docket No. 12-AWA-5) and be submitted in triplicate to the Docket Management Facility (see<E T="02">ADDRESSES</E>section for address and phone number). You may also submit comments through the Internet at<E T="03">http://www.regulations.gov</E>.</P>
        <P>Commenters wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket Nos. FAA-2012-0966 and Airspace Docket No.12-AWA-5.” The postcard will be date/time stamped and returned to the commenter.</P>
        <P>All communications received on or before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this action may be changed in light of comments received. All comments submitted will be available for examination in the public docket both before and after the closing date for comments. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket.</P>
        <HD SOURCE="HD1">Availability of NPRM's</HD>

        <P>An electronic copy of this document may be downloaded through the Internet at<E T="03">http://www.regulations.gov</E>.</P>

        <P>You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office (see<E T="02">ADDRESSES</E>section for address and phone number) between 9:00 a.m. and 5.00 p.m., Monday through Friday, except Federal holidays. An informal docket may also be examined during normal business hours at the office of the Western Service Center, Operations Support Group, Federal Aviation Administration, 1601 Lind Ave. SW., Renton, WA 98057.</P>
        <P>Persons interested in being placed on a mailing list for future NPRMs should contact the FAA's Office of Rulemaking, (202) 267-9677, for a copy of Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution System, which describes the application procedure.</P>
        <HD SOURCE="HD1">Background</HD>
        <P>In the<E T="04">Federal Register</E>of October 26, 2012, the FAA issued a NPRM entitled<PRTPAGE P="2647"/>“Proposed Modification of Class B Airspace; Las Vegas, NV” (77 FR 65332). The FAA requested that comments on that proposal be received on or before December 26, 2012. By letter dated December 7, 2012, the Aircraft Owners and Pilots Association (AOPA) requested that the FAA extend the comment period for at least 30 days. AOPA stated that the original comment period encompassed two Federal holidays and that no comments had been posted to the docket as of the date of their letter. AOPA added that an extension would provide additional time for the public to review the NPRM and submit substantive comments on the proposal.</P>
        <HD SOURCE="HD1">Reopening of Comment Period</HD>
        <P>The FAA has reviewed AOPA's request for additional time to comment on the NPRM and has determined that reopening of the comment period is consistent with the public interest and that good cause exists for taking this action.</P>

        <P>Accordingly, the comment period for Docket No. FAA-2012-0966; Airspace Docket No. 12-AWA-5, is reopened as indicated in the<E T="02">DATES</E>section, above.</P>
        <SIG>
          <DATED>Issued in Washington, DC, on January 8, 2013.</DATED>
          <NAME>Gary A. Norek,</NAME>
          <TITLE>Manager, Airspace Policy and ATC Procedures Group.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00646 Filed 1-10-13; 4:15 pm]</FRDOC>
      <BILCOD>BILLING CODE P</BILCOD>
    </PRORULE>
    <PRORULE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>Food and Drug Administration</SUBAGY>
        <CFR>21 CFR Part 872</CFR>
        <DEPDOC>[Docket No. FDA-2012-N-0677]</DEPDOC>
        <SUBJECT>Dental Devices; Reclassification of Blade-Form Endosseous Dental Implant</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Food and Drug Administration, HHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Proposed order.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Food and Drug Administration (FDA) is proposing to reclassify the blade- form endosseous dental implant, a preamendments class III device, into class II (special controls). On its own initiative, based on new information, FDA is proposing to revise the classification of blade-form endosseous dental implants.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Submit either electronic or written comments on this proposed order by April 15, 2013. See section XI of this document for the proposed effective date of a final order based on this proposed order.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>You may submit comments, identified by Docket No. FDA-2012-N-0677, by any of the following methods:</P>
        </ADD>
        <HD SOURCE="HD2">Electronic Submissions</HD>
        <P>Submit electronic comments in the following way:</P>
        <P>•<E T="03">Federal eRulemaking Portal:</E>
          <E T="03">http://www.regulations.gov</E>. Follow the instructions for submitting comments.</P>
        <HD SOURCE="HD2">Written Submissions</HD>
        <P>Submit written submissions in the following ways:</P>
        <P>•<E T="03">Mail/Hand delivery/Courier (for paper or CD-ROM submissions):</E>Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.</P>
        <P>
          <E T="03">Instructions:</E>All submissions received must include the Agency name and Docket No. FDA-2012-N-0677 for this rulemaking. All comments received may be posted without change to<E T="03">http://www.regulations.gov,</E>including any personal information provided. For additional information on submitting comments, see the “Comments” heading of the<E T="02">SUPPLEMENTARY INFORMATION</E>section of this document.</P>
        <P>
          <E T="03">Docket:</E>For access to the docket to read background documents or comments received, go to<E T="03">http://www.regulations.gov</E>and insert Docket No. FDA-2012-N-0677 into the “Search” box and follow the prompts and/or go to the Division of Dockets Management, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.</P>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Melissa Burns,Center for Devices and Radiological Health,Food and Drug Administration,10903 New Hampshire Ave.,Bldg. 66, Rm. 1646,Silver Spring, MD 20993,301-796-5616,<E T="03">melissa.burns@fda.hhs.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">I. Background—Regulatory Authorities</HD>
        <P>The Federal Food, Drug, and Cosmetic Act (the FD&amp;C Act), as amended by the Medical Device Amendments of 1976 (the 1976 amendments) (Pub. L. 94-295), the Safe Medical Devices Act of 1990 (Pub. L. 101-629), the Food and Drug Administration Modernization Act of 1997 (FDAMA) (Pub. L. 105-115), the Medical Device User Fee and Modernization Act of 2002 (Pub. L. 107-250), the Medical Devices Technical Corrections Act (Public Law 108-214), the Food and Drug Administration Amendments Act of 2007 (Pub. L. 110-85), and the Food and Drug Administration Safety and Innovation Act (FDASIA) (Pub. L. 112-144), establish a comprehensive system for the regulation of medical devices intended for human use. Section 513 of the FD&amp;C Act (21 U.S.C. 360c) established three categories (classes) of devices, reflecting the regulatory controls needed to provide reasonable assurance of their safety and effectiveness. The three categories of devices are class I (general controls), class II (special controls), and class III (premarket approval).</P>
        <P>Under section 513 of the FD&amp;C Act, devices that were in commercial distribution before the enactment of the 1976 amendments, May 28, 1976 (generally referred to as preamendments devices), are classified after FDA has: (1) Received a recommendation from a device classification panel (an FDA advisory committee); (2) published the panel's recommendation for comment, along with a proposed regulation classifying the device; and (3) published a final regulation classifying the device. FDA has classified most preamendments devices under these procedures.</P>
        <P>Devices that were not in commercial distribution prior to May 28, 1976 (generally referred to as postamendments devices), are automatically classified by section 513(f) of the FD&amp;C Act into class III without any FDA rulemaking process. Those devices remain in class III and require premarket approval unless, and until, the device is reclassified into class I or II or FDA issues an order finding the device to be substantially equivalent, in accordance with section 513(i) of the FD&amp;C Act, to a predicate device that does not require premarket approval. The Agency determines whether new devices are substantially equivalent to predicate devices by means of premarket notification procedures in section 510(k) of the FD&amp;C Act (21 U.S.C. 360(k)) and 21 CFR part 807.</P>
        <P>A preamendments device that has been classified into class III may be marketed by means of premarket notification procedures (510(k) process) without submission of a premarket approval application (PMA) until FDA issues a final order under section 515(b) of the FD&amp;C Act (21 U.S.C. 360e(b)) requiring premarket approval or until the device is subsequently reclassified into class I or class II.</P>

        <P>On July 9, 2012, FDASIA was enacted. Section 608(a) of FDASIA (126 Stat. 1056) amended section 513(e) of the FD&amp;C Act changing the process for reclassifying a preamendments device from rulemaking to an administrative order.<PRTPAGE P="2648"/>
        </P>

        <P>Section 513(e) of the FD&amp;C Act governs reclassification of classified preamendments devices. This section provides that FDA may, by administrative order, reclassify a device based upon “new information.” FDA can initiate a reclassification under section 513(e) of the FD&amp;C Act or an interested person may petition FDA to reclassify a preamendments device. The term “new information,” as used in section 513(e) of the FD&amp;C Act, includes information developed as a result of a reevaluation of the data before the Agency when the device was originally classified, as well as information not presented, not available, or not developed at that time. (See, e.g.,<E T="03">Holland Rantos</E>v.<E T="03">United States Department of Health, Education, and Welfare,</E>587 F.2d 1173, 1174 n.1 (D.C. Cir. 1978);<E T="03">Upjohn</E>v.<E T="03">Finch,</E>422 F.2d 944 (6th Cir. 1970);<E T="03">Bell</E>v.<E T="03">Goddard,</E>366 F.2d 177 (7th Cir. 1966).)</P>

        <P>Reevaluation of the data previously before the Agency is an appropriate basis for subsequent regulatory action where the reevaluation is made in light of newly available regulatory authority (see<E T="03">Bell</E>v.<E T="03">Goddard,</E>supra, 366 F.2d at 181;<E T="03">Ethicon, Inc.</E>v.<E T="03">FDA,</E>762 F.Supp. 382, 389-391 (D.D.C. 1991)) or in light of changes in “medical science.” (See<E T="03">Upjohn</E>v.<E T="03">Finch,</E>supra, 422 F.2d at 951). Whether data before the Agency are past or new data, the “new information” to support reclassification under section 513(e) of the FD&amp;C Act must be “valid scientific evidence,” as defined in section 513(a)(3) and 21 CFR 860.7(c)(2). (See, e.g.,<E T="03">General Medical Co.</E>v.<E T="03">FDA,</E>770 F.2d 214 (D.C. Cir. 1985);<E T="03">Contact Lens Assoc.</E>v.<E T="03">FDA,</E>766 F.2d 592 (D.C. Cir.), cert. denied, 474 U.S. 1062 (1985).)</P>
        <P>FDA relies upon “valid scientific evidence” in the classification process to determine the level of regulation for devices. To be considered in the reclassification process, the valid scientific evidence upon which the Agency relies must be publicly available. Publicly available information excludes trade secret and/or confidential commercial information, e.g., the contents of a pending PMA. (See section 520(c) of the FD&amp;C Act (21 U.S.C. 360j(c)).) Section 520(h)(4) of the FD&amp;C Act, added by FDAMA, provides that FDA may use, for reclassification of a device, certain information in a PMA 6 years after the application has been approved. This includes information from clinical and preclinical tests or studies that demonstrate the safety or effectiveness of the device but does not include descriptions of methods of manufacture or product composition and other trade secrets.</P>

        <P>Section 513(e)(1) of the FD&amp;C Act sets forth the process for issuing a final order. Specifically, prior to the issuance of a final order reclassifying a device, the following must occur: Publication of a proposed order in the<E T="04">Federal Register</E>, a meeting of a device classification panel described in section 513(b) of the FD&amp;C Act; and consideration of comments to a public docket.</P>
        <P>FDAMA added a new section 510(m) to the FD&amp;C Act. Section 510(m) of the FD&amp;C Act provides that a class II device may be exempted from the premarket notification requirements under section 510(k) of the FD&amp;C Act if the Agency determines that premarket notification is not necessary to assure the safety and effectiveness of the device.</P>
        <HD SOURCE="HD1">II. Regulatory History of the Device</HD>
        <P>On December 30, 1980 (45 FR 86025), FDA published a proposed rule for classification of endosseous dental implants (without distinguishing implants based on geometry) as class III requiring premarket approval. The panel recommended class III because the device is implanted in the body and presents a potential unreasonable risk of illness or injury including risks of abnormal spontaneous pain due to nerve impingement and a risk of perforation of the lingual and labial bony plates of the upper and lower jaws. On August 12, 1987 (52 FR 30082), a final rule was published for endosseous dental implants (again without distinguishing implants based on geometry) classifying these devices as class III. On December 7, 1989 (54 FR 50592), FDA published a proposed rule to require PMA submissions for all dental implants. A reclassification petition was subsequently submitted requesting reclassification of dental implants.</P>
        <P>FDA held a reclassification panel meeting on October 24, 1991, and the panel voted to deny the reclassification petition. At the request of FDA, additional panel meetings were held on November 4, 1997, and January 13, 1998, during which FDA presented new information regarding root-form endosseous dental implants. During the January 1998 panel meeting, the panel stated that sufficient clinical information was presented to the panel to justify reclassification of root-form implants, implants with special retention features, and temporary implants, as class II (special controls) requiring a 510(k) premarket notification. However, the panel also stated that sufficient evidence had not yet been presented to reclassify blade-form endosseous dental implants to class II.</P>
        <P>On May 14, 2002 (67 FR 34416), and May 12, 2004 (69 FR 26302), proposed and final rules respectively were issued reclassifying only root-form implants into class II. Blade-form endosseous dental implant remained class III.</P>
        <P>In 2009, FDA published an order under sections 515(i) and 519 of the FD&amp;C Act (21 U.S.C. 360i) for the submission of information on blade-form endosseous dental implants (74 FR 16214, April 9, 2009). In response to that order, FDA received information from one device manufacturer; however, the information was related to other types of dental implants and was not relevant for this proposed rule.</P>
        <HD SOURCE="HD1">III. Device Description</HD>
        <P>The blade-form endosseous dental implant is a device placed into the maxilla or mandible and composed of biocompatible material, such as titanium alloy or commercially pure (c.p.) titanium, with sufficient strength to support a dental restoration, such as a crown, bridge, or denture, intended for the purpose of replacing tooth (or teeth) roots and extending a support post through the gingival tissue into the oral cavity to restore chewing function. The blade-form implants are either one-piece or two-piece implants designed with one to three cylindrical abutment posts extending from the coronal aspect of the blade through the soft tissue and into the oral cavity. For the two-piece design, the separate abutment post is retained to the blade implant with a screw.</P>
        <P>The blade-form implant is generally a rectangular shape or rounded corner rectangle shape (in the mesio-distal plane) with a narrow tapered (narrow at the apical edge) edge (in the bucco-lingual plane) similar in shape to a razor blade. Other blade designs, such as square, V-shaped, and triangles have also been used. The blade generally contains open vents of various shapes and various sizes.</P>
        <HD SOURCE="HD1">IV. Proposed Reclassification</HD>

        <P>FDA is proposing that the device subject to this proposal be reclassified from class III to class II. In this proposed order, the Agency has identified special controls under section 513(a)(1)(B) of the FD&amp;C Act that, together with general controls applicable to the devices, would provide reasonable assurance of their safety and effectiveness. FDA believes that the identified special controls in this proposed order, if finalized, together with general controls applicable to the device, would provide reasonable assurance of safety and<PRTPAGE P="2649"/>effectiveness. Absent the special controls identified in this proposed order, general controls applicable to the device are insufficient to provide reasonable assurance of the safety and effectiveness of the device.</P>
        <P>Therefore, in accordance with sections 513(e) and 515(i) of the FD&amp;C Act and 21 CFR 860.130, based on new information with respect to the devices and taking into account the public health benefit of the use of the device and the nature and known incidence of the risk of the device, FDA, on its own initiative, is proposing to reclassify this preamendments class III device into class II. FDA believes that this new information is sufficient to demonstrate that the proposed special controls can effectively mitigate the risks to health identified in the next section, and that these special controls, together with general controls, will provide a reasonable assurance of safety and effectiveness for blade-form endosseous dental implant devices.</P>
        <P>FDA has also considered blade-form endosseous dental implant devices in accordance with the reserved criteria set forth in section 513(a) of the FD&amp;C Act and decided that the device does require premarket notification. The Agency does not intend to exempt this proposed class II device from premarket notification (510(k)) submission as allowed under section 510(m) of the FD&amp;C Act.</P>
        <HD SOURCE="HD1">V. Risks to Health</HD>
        <P>After considering available information, including the recommendations of the advisory committees (panels) for the classification of these devices, FDA has evaluated the risks to health associated with the use of blade-form endosseous dental implant devices and determined that the following risks to health are associated with its use:</P>
        <P>•<E T="03">Local tissue or existing dentition degeneration:</E>Localized tissue and existing dentition degeneration may be caused by endosseous implants due to excessive mobility, loss of integration, incompatibility of device components, or structural failure of the device.</P>
        <P>•<E T="03">Pain:</E>Nerve impingement by the device may cause pain.</P>
        <P>•<E T="03">Bone or nerve damage:</E>Improper design or use of the device may cause injury during surgery related to sinus perforation, alveolar plate perforation, or nerve damage resulting in transient or chronic pain/facial nerve paresis.</P>
        <P>•<E T="03">Infection:</E>Implantable devices may introduce microorganisms that may cause local or systemic infections.</P>
        <P>•<E T="03">Adverse tissue reaction:</E>Inadequate tissue compatibility of the materials used in this device could cause an immune reaction.</P>
        <P>•<E T="03">Migration or thermal injury:</E>Incompatibility with magnetic resonance imaging may cause the device to migrate or heat.</P>
        <HD SOURCE="HD1">VI. Summary of Reasons for Reclassification</HD>
        <P>If properly manufactured and used, blade-form endosseous dental implants can help restore the patient's chewing function by replacing tooth roots and extending a support post through the gingival tissue into the oral cavity in order to support a dental restoration, such as a crown, bridge, or denture. FDA believes that blade-form endosseous dental implant devices should be reclassified into class II because special controls, together with general controls, can be established to provide reasonable assurance of the safety and effectiveness of the device, and because general controls themselves are insufficient to provide reasonable assurance of its safety and effectiveness. In addition, there is now adequate effectiveness information sufficient to establish special controls to provide such assurance.</P>
        <HD SOURCE="HD1">VII. Summary of Data Upon Which the Reclassification Is Based</HD>
        <P>Since the time of the panel recommendation, sufficient evidence has been developed to support a reclassification of blade-form endosseous dental implants to class II with special controls. FDA has been reviewing these devices for many years and their risks are well known. A review of the applicable clinical literature indicates that the device has a high success rate (remaining implanted/not removed) and that few relevant adverse events have been reported in the case of these devices or related devices suggesting that the device has a high long-term safety profile. FDA believes that the special controls identified in this proposed order, if finalized, together with general controls, can provide a reasonable assurance of the safety and effectiveness of blade-form endosseous dental implants.</P>
        <HD SOURCE="HD1">VIII. Proposed Special Controls</HD>
        <P>FDA believes that the following special controls, together with general controls, are sufficient to mitigate the risks to health described in section V of this document:</P>
        <P>• The design characteristics of the device must ensure that the geometry and material composition are consistent with the intended use;</P>
        <P>• Mechanical performance (fatigue) testing under simulated physiological conditions to demonstrate maximum load (endurance limit) when the device is subjected to compressive and shear loads;</P>
        <P>• Corrosion testing under simulated physiological conditions to demonstrate corrosion potential of each metal or alloy, couple potential for an assembled dissimilar metal implant system, and corrosion rate for an assembled dissimilar metal implant system;</P>
        <P>• The device must be demonstrated to be biocompatible;</P>
        <P>• Sterility testing must demonstrate the sterility of the device;</P>
        <P>• Performance testing to evaluate the compatibility of the device in a magnetic resonance (MR) environment;</P>
        <P>• Labeling must include a clear description of the technological features, how the device should be used in patients, detailed surgical protocol and restoration procedures, and relevant precautions and warnings based on the clinical use of the device;</P>
        <P>• Patient labeling must contain a description of how the devices works, how the device is placed, how the patient needs to care for the implant, possible adverse events and how to report any complications; and</P>
        <P>• Documented clinical experience must demonstrate safe and effective use and capture any adverse events observed during clinical use.</P>
        <P>Blade-form endosseous dental implants are prescription devices restricted to patient use only upon the authorization of a practitioner licensed by law to administer or use the device. (Proposed 21 CFR 872.3640(a); see section 520(e) of the FD&amp;C Act and 21 CFR 801.109 (Prescription devices)). Prescription-use restrictions are a type of general controls authorized under section 520(e) of the FD&amp;C Act and defined as a general control in section 513(a)(1)(A)(i) of the FD&amp;C Act; and under 21 CFR 807.81, the device would continue to be subject to 510(k) notification requirements.</P>
        <HD SOURCE="HD1">IX. Environmental Impact</HD>
        <P>The Agency has determined under 21 CFR 25.34(b)) that this action is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required.</P>
        <HD SOURCE="HD1">X. Paperwork Reduction Act of 1995</HD>

        <P>This proposed rule refers to previously approved collections of information found in FDA regulations. These collections of information are subject to review by the Office of Management and Budget (OMB) under<PRTPAGE P="2650"/>the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The collections of information in 21 CFR part 812 have been approved under OMB control number 0910-0078; the collections of information in part 807, subpart E, have been approved under OMB control number 0910-0120; the collections of information in 21 CFR part 814, subpart B, have been approved under OMB control number 0910-0231; and the collections of information under 21 CFR part 801 have been approved under OMB control number 0910-0485.</P>
        <HD SOURCE="HD1">XI. Proposed Effective Date</HD>

        <P>FDA is proposing that any final order based on this proposal become effective on the date of its publication in the<E T="04">Federal Register</E>or at a later date if stated in the final order.</P>
        <HD SOURCE="HD1">XII. Comments</HD>

        <P>Interested persons may submit either electronic comments regarding this document to<E T="03">http://www.regulations.gov</E>or written comments to the Division of Dockets Management (see<E T="02">ADDRESSES</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>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 21 CFR Part 872</HD>
          <P>Medical devices.</P>
        </LSTSUB>
        
        <P>Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs, it is proposed that 21 CFR part 872 be amended as follows:</P>
        <PART>
          <HD SOURCE="HED">PART 872—DENTAL DEVICES</HD>
        </PART>
        <AMDPAR>1. The authority citation for 21 CFR part 872 continues to read as follows:</AMDPAR>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>21 U.S.C. 351, 360, 360c, 360e, 360j, 371.</P>
        </AUTH>
        
        <AMDPAR>2. Section 872.3640 is amended by revising paragraphs (a) and (b)(2) to read as follows:</AMDPAR>
        <SECTION>
          <SECTNO>§ 872.3640</SECTNO>
          <SUBJECT>Endosseous dental implant.</SUBJECT>
          <P>(a)<E T="03">Identification.</E>An endosseous dental implant is a prescription device made of a material such as titanium or titanium alloy that is intended to be surgically placed in the bone of the upper or lower jaw arches to provide support for prosthetic devices, such as artificial teeth, in order to restore a patient's chewing function.</P>
          <P>(b) * * *</P>
          <P>(2) Class II (special controls). The device is classified as class II if it is a blade-form endosseous dental implant. The special controls for this device are:</P>
          <P>(i) The design characteristics of the device must ensure that the geometry and material composition are consistent with the intended use;</P>
          <P>(ii) Mechanical performance (fatigue) testing under simulated physiological conditions to demonstrate maximum load (endurance limit) when the device is subjected to compressive and shear loads;</P>
          <P>(iii) Corrosion testing under simulated physiological conditions to demonstrate corrosion potential of each metal or alloy, couple potential for an assembled dissimilar metal implant system, and corrosion rate for an assembled dissimilar metal implant system;</P>
          <P>(iv) The device must be demonstrated to be biocompatible;</P>
          <P>(v) Sterility testing must demonstrate the sterility of the device;</P>
          <P>(vi) Performance testing to evaluate the compatibility of the device in a magnetic resonance (MR) environment;</P>
          <P>(vii) Labeling must include a clear description of the technological features, how the device should be used in patients, detailed surgical protocol and restoration procedures, and relevant precautions and warnings based on the clinical use of the device;</P>
          <P>(viii) Patient labeling must contain a description of how the devices works, how the device is placed, how the patient needs to care for the implant, possible adverse events and how to report any complications; and</P>
          <P>(ix) Documented clinical experience must demonstrate safe and effective use and capture any adverse events observed during clinical use.</P>
        </SECTION>
        <SIG>
          <DATED>Dated: January 4, 2013.</DATED>
          <NAME>Leslie Kux,</NAME>
          <TITLE>Assistant Commissioner for Policy.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00388 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4160-01-P</BILCOD>
    </PRORULE>
    <PRORULE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
        <SUBAGY>Coast Guard</SUBAGY>
        <CFR>33 CFR Part 165</CFR>
        <DEPDOC>[Docket Number USCG-2012-1082]</DEPDOC>
        <RIN>RIN 1625-AA00</RIN>
        <SUBJECT>Safety Zone, Atlantic Intracoastal Waterway; Wrightsville Beach, NC</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Coast Guard, DHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of Proposed Rulemaking.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Coast Guard proposes to extend the temporary safety zone established on the waters of the Atlantic Intracoastal Waterway at Wrightsville Beach, North Carolina. The safety zone is necessary to provide for the safety of mariners on navigable waters during maintenance on the US 74/76 Bascule Bridge crossing the Atlantic Intracoastal Waterway, mile 283.1, at Wrightsville Beach, North Carolina. The safety zone extension will temporarily restrict vessel movement within the designated area starting on May 1, 2013 through July 27, 2013.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments and related material must be received by the Coast Guard on or before February 13, 2013.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>You may submit comments identified by docket number 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>See the “Public Participation and Request for Comments” portion of the<E T="02">SUPPLEMENTARY INFORMATION</E>section below for further instructions on submitting comments. To avoid duplication, please use only one of these three methods.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>If you have questions on this proposed rule, call or email CWO4 Joseph M. Edge, U.S. Coast Guard Sector North Carolina; telephone 252-247-4525, email<E T="03">Joseph.M.Edge@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">Table of Acronyms</HD>
        
        <EXTRACT>
          <FP SOURCE="FP-1">DHSDepartment of Homeland Security</FP>
          <FP SOURCE="FP-1">FR<E T="04">Federal Register</E>
          </FP>
          <FP SOURCE="FP-1">NPRMNotice of Proposed Rulemaking</FP>
        </EXTRACT>
        
        <HD SOURCE="HD1">A. Public Participation and Request for Comments</HD>

        <P>We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to<E T="03">http://www.regulations.gov</E>and will include any personal information you have provided.<PRTPAGE P="2651"/>
        </P>
        <HD SOURCE="HD2">1. Submitting Comments</HD>

        <P>If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online 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-2012-1082) in the “SEARCH” box and click “SEARCH.” Click on “Submit a Comment” on the line associated with this rulemaking.</P>
        <P>If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8½ by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change the rule based on your comments.</P>
        <HD SOURCE="HD2">2. Viewing Comments and Documents</HD>

        <P>To view comments, as well as documents mentioned in this preamble as being available in the docket, go to<E T="03">http://www.regulations.gov,</E>type the docket number (USCG-2012-1082) in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.</P>
        <HD SOURCE="HD2">3. Privacy Act</HD>

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

        <P>We do not now plan to hold a public meeting. 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">B. Regulatory History and Information</HD>
        <P>The Coast Guard is proposing to extend a safety zone originally established by a final rule published July 17, 2002, entitled “Safety Zones: Atlantic Intracoastal Waterway; Wrightsville Beach, NC” (77 FR 41911, docket number USCG-2012-0368).</P>
        <HD SOURCE="HD1">C. Basis and Purpose</HD>
        <P>North Carolina Department of Transportation has awarded a contract to American Bridge Company of Coraopolis, PA to perform bridge maintenance on the U.S. 74/76 Bascule Bridge crossing the Atlantic Intracoastal Waterway, mile 283.1, at Wrightsville Beach, North Carolina. The contract provides for cleaning, painting, steel repair, and grid floor replacement to commence on September 1, 2012. The original completion date was May 1, 2013, however, the contractor was granted an extension on the completion date by North Carolina Department of Transportation to July 27, 2013.</P>
        <P>The contractor will utilize a 40 foot deck barge with a 40 foot beam as a work platform and for equipment staging. This safety zone will provide a safety buffer to transiting vessels as bridge repairs present potential hazards to mariners and property due to reduction horizontal clearance.</P>
        <HD SOURCE="HD1">D. Discussion of Proposed Rule</HD>
        <P>The proposed temporary safety zone would encompass the waters directly under the U.S. 74/76 Bascule Bridge crossing the Atlantic Intracoastal Waterway, mile 283.1, at Wrightsville Beach, North Carolina (34°13′07″ N, 077°48′46″ W). All vessels transiting the this section of the waterway requiring a horizontal clearance of greater than 50 feet would be required to make a one hour advanced notification to the U.S. 74/76 Bascule Bridge tender while the safety zone is in effect. The initial safety zone, which began on 8 a.m. September 1, 2012, is scheduled to be in effect through 8 p.m. May 1, 2013. The proposed extension would be in effect from 8 p.m. May 1, 2013, through 8 p.m. July 27, 2013.</P>
        <HD SOURCE="HD1">E. Regulatory Analyses</HD>
        <P>We developed this proposed rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes or executive orders.</P>
        <HD SOURCE="HD2">1. Regulatory Planning and Review</HD>
        <P>This proposed rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. This rule does not restrict traffic from transiting through the noted portion of the Atlantic Intracoastal Waterway; it only imposes a one hour notification to ensure the waterway is clear of impediment to allow passage to vessels requiring a horizontal clearance of greater than 50 feet.</P>
        <HD SOURCE="HD2">2. Impact on Small Entities</HD>
        <P>Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered the impact of this proposed rule on small entities. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule will not have a significant economic impact on a substantial number of small entities. This proposed rule would affect the following entities, some of which may be small entities: the owners or operators of commercial tug and barge companies, recreational and commercial fishing vessels intending to transit the specified portion of Atlantic Intracoastal Waterway from 8 p.m. May 1, 2013 through 8 p.m. July 27, 2013.</P>

        <P>This safety zone would not have a significant economic impact on a substantial number of small entities for the following reasons. Although the safety zone will apply to the entire width of this section of the Atlantic Intracoastal Waterway, vessel traffic will be able to request passage by providing a one hour advanced notification. Before the effective period, the Coast Guard will issue maritime advisories widely available to the users of the waterway. If you think that your business,<PRTPAGE P="2652"/>organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see<E T="02">ADDRESSES</E>) explaining why you think it qualifies and how and to what degree this rule would economically affect it.</P>
        <HD SOURCE="HD2">3. Assistance for Small Entities</HD>

        <P>Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the<E T="02">FOR FURTHER INFORMATION CONTACT</E>, above. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard.</P>
        <HD SOURCE="HD2">4. Collection of Information</HD>
        <P>This proposed rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).</P>
        <HD SOURCE="HD2">5. Federalism</HD>
        <P>A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this proposed rule under that Order and determined that this rule does not have implications for federalism.</P>
        <HD SOURCE="HD2">6. Protest Activities</HD>
        <P>The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the “For Further Information Contact” section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels.</P>
        <HD SOURCE="HD2">7. Unfunded Mandates Reform Act</HD>
        <P>The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.</P>
        <HD SOURCE="HD2">8. Taking of Private Property</HD>
        <P>This proposed rule would not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights.</P>
        <HD SOURCE="HD2">9. Civil Justice Reform</HD>
        <P>This proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden.</P>
        <HD SOURCE="HD2">10. Protection of Children From Environmental Health Risks</HD>
        <P>We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children.</P>
        <HD SOURCE="HD2">11. Indian Tribal Governments</HD>
        <P>This proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.</P>
        <HD SOURCE="HD2">12. Energy Effects</HD>
        <P>This proposed rule is not a “significant energy action” under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use.</P>
        <HD SOURCE="HD2">13. Technical Standards</HD>
        <P>This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.</P>
        <HD SOURCE="HD2">14. Environment</HD>

        <P>We have analyzed this proposed rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This proposed rule involves the establishment of a temporary safety zone. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A preliminary environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under<E T="02">ADDRESSES</E>. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 33 CFR Part 165</HD>
          <P>Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways.</P>
        </LSTSUB>
        
        <P>For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 165 as follows:</P>
        <PART>
          <HD SOURCE="HED">PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS</HD>
        </PART>
        <AMDPAR>1. The authority citation for part 165 continues to read as follows:</AMDPAR>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1.</P>
        </AUTH>
        
        <AMDPAR>2. Add § 165.T05-1082 to read as follows:</AMDPAR>
        <SECTION>
          <SECTNO>§ 165.T05-1082</SECTNO>
          <SUBJECT>Safety Zone; Atlantic Intracoastal Waterway, Wrightsville Beach, NC.</SUBJECT>
          <P>(a)<E T="03">Regulated area.</E>The following area is a safety zone: This zone includes the waters directly under and 100 yards either side of the U.S. 74/76 Bascule Bridge crossing the Atlantic Intracoastal Waterway, mile 283.1, at Wrightsville Beach, North Carolina (34°13′07″ N/077°48′46″ W).</P>
          <P>(b)<E T="03">Regulations.</E>The general safety zone regulations found in 33 CFR 165.23 apply to the safety zone created by this temporary section, § 165.T05-1082. In addition the following regulations apply:</P>
          <P>(1) All vessels and persons are prohibited from entering this zone, except as authorized by the Coast Guard Captain of the Port North Carolina.</P>

          <P>(2) All vessels requiring greater than 50 feet horizontal clearance to safely transit through the U.S. 74/76 Bascule Bridge crossing the Atlantic Intracoastal Waterway, mile 283.1, at Wrightsville<PRTPAGE P="2653"/>Beach, North Carolina must contact the bridge tender on VHF-FM marine band radio channels 13 and 16 one hour in advance of intended transit.</P>
          <P>(3) Persons or vessels requiring entry into or passage within the zone must request authorization from the Captain of the Port North Carolina or his designated representative by telephone at (910) 343-3882 or on VHF-FM marine band radio channel 16.</P>
          <P>(4) All Coast Guard assets enforcing this safety zone can be contacted on VHF-FM marine band radio channels 13 and 16.</P>
          <P>(5) The operator of any vessel within or in the immediate vicinity of this safety zone shall: (i) Stop the vessel immediately upon being directed to do so by any commissioned, warrant or petty officer on board a vessel displaying a Coast Guard Ensign, and</P>
          <P>(ii) Proceed as directed by any commissioned, warrant or petty officer on board a vessel displaying a Coast Guard Ensign.</P>
          <P>(c)<E T="03">Definitions.</E>(1) Captain of the Port North Carolina means the Commander, Coast Guard Sector North Carolina or any Coast Guard commissioned, warrant or petty officer who has been authorized by the Captain of the Port to act on his behalf.</P>
          <P>(2) Designated representative means any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port North Carolina to assist in enforcing the safety zone described in paragraph (a) of this section.</P>
          <P>(d)<E T="03">Enforcement.</E>The U.S. Coast Guard may be assisted by Federal, State and local agencies in the patrol and enforcement of the zone. (e) Enforcement period. This section will be enforced from 8 p.m. May 1, 2013 through 8 p.m. July 27, 2013 unless cancelled earlier by the Captain of the Port.</P>
        </SECTION>
        <SIG>
          <DATED>Dated: December 21, 2012.</DATED>
          <NAME>A. Popiel,</NAME>
          <TITLE>Captain, U.S. Coast Guard, Captain of the Port Sector North Carolina.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00513 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 9110-04-P</BILCOD>
    </PRORULE>
    <PRORULE>
      <PREAMB>
        <AGENCY TYPE="N">FEDERAL COMMUNICATIONS COMMISSION</AGENCY>
        <CFR>47 CFR Part 20</CFR>
        <DEPDOC>[WT Docket No. 10-254; DA 13-6]</DEPDOC>
        <SUBJECT>Comment Deadline Extended for Updated Information and Comment on Review of Hearing Aid Compatibility Regulations</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Communications Commission.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Proposed rule; extension of comment period.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>In this document, the Wireless Telecommunications Bureau (Bureau) extends the time within which to file comments on the Public Notice seeking updated information and comment on review of hearing aid compatibility regulations.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments are due on or before January 22, 2013.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>You may submit comments, identified by WT Docket No. 10-254, by any of the following methods:</P>
          <P>•<E T="03">Federal Communications Commission's Web Site: http://fjallfoss.fcc.gov/ecfs2/.</E>Follow the instructions for submitting comments.</P>
          <P>•<E T="03">Mail.</E>
          </P>
          <P>•<E T="03">People with Disabilities:</E>Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by email:<E T="03">FCC504@fcc.gov</E>or phone: 202-418-0530 or TTY: 202-418-0432.</P>

          <P>For detailed instructions for submitting comments and additional information on the rulemaking process, see the<E T="02">SUPPLEMENTARY INFORMATION</E>section of this document.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Jennifer Flynn, Spectrum &amp; Competition Policy Division, Wireless Telecommunications Bureau, (202) 418-0612 or by email<E T="03">Jennifer.Flynn@fcc.gov</E>.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>This is a summary of the Commission's Order in WT Docket No. 10-254, DA 13-6, released January 3, 2013. The full text of the Order is available for public inspection and copying during business hours in the FCC's Reference Information Center, Portals II, 445 12th Street SW., Room CY-A257, Washington, DC 20554. Copies may be purchased from the Commission's duplicating contractor, Best Copy and Printing, Inc. (BCPI), 445 12th Street SW., Room CY-B402, Washington, DC 20554, 202-488-5300 or 800-378-3160 (voice), 202-488-5562 (TTY), 202-488-5563 (fax), or you may contact BCPI at its Web site:<E T="03">http://www.BCPIWEB.com</E>. When ordering documents from BCPI, please provide the appropriate FCC document number, for example, DA 13-6. The<E T="03">Comment Deadline Extended for Updated Information and Comment Sought on Review of Hearing Aid Compatibility Regulations</E>
          <E T="03">Public Notice</E>is available on the Internet at the Commission's Web site at<E T="03">http://www.fcc.gov/document/hearing-aid-compatibility-review-additional-comments-sought</E>and related documents are also available by using the search function for WT Docket No. 10-254 on the Commission's Electronic Comment Filing System (ECFS) Web page at<E T="03">http://apps.fcc.gov/ecfs/</E>. To request information in accessible formats (computer diskettes, large print, audio recording, and Braille), send an email to<E T="03">fcc504@fcc.gov</E>or call the FCC's Consumer and Governmental Affairs Bureau at 202-418-0530 (voice) or 202-418-0432 (TTY).</P>
        <HD SOURCE="HD1">Summary</HD>
        <P>1. On November 27, 2012, the Wireless Telecommunications Bureau released a PublicNotice in which it granted, on its own motion, an extension of time to file comments inits ongoing review of the wireless hearing aid compatibility rules (77 FR 72294,December 5, 2012). That Public Notice set the deadline for filing comments on January 7, 2013.</P>
        <P>2. On December 31, 2012, the law firm of Blooston, Mordkofsky, Dickens, Duffy &amp;Prendergast, LLP (BloostonLaw) filed a request to extend the comment deadline untilJanuary 22, 2013. BloostonLaw states that the extension will alleviate the “conflictingtime demands” on counsel who must both file comments in this proceeding and prepareForm 655 reports that are due from service providers on January 15, 2013. BloostonLawfurther states that the January 7th comment deadline will deprive the Commission and thepublic of the benefit of comments based on experiences encountered during the Form 655reporting window.</P>
        <P>3. The Commission does not routinely grant extensions of time, 47 CFR 1.46(a). However, given the proximity of the filing deadline to the end of the Form 655 filing window, the Wireless Telecommunications Bureau finds that an extension of time for filing comments is warranted.</P>
        <HD SOURCE="HD1">Procedural Matters</HD>

        <P>Pursuant to §§ 1.415 and 1.419 of the Commission's rules, 47 CFR 1.415, 1.419, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. Comments may<PRTPAGE P="2654"/>be filed using the Commission's Electronic Comment Filing System (ECFS).<E T="03">See Electronic Filing of Documents in Rulemaking Proceedings,</E>63 FR 24121 (1998).</P>
        <P>•<E T="03">Electronic Filers:</E>Comments may be filed electronically using the Internet by accessing the ECFS:<E T="03">http://fjallfoss.fcc.gov/ecfs2/.</E>
        </P>
        <P>•<E T="03">Paper Filers:</E>Parties who choose to file by paper must file an original and four copies of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number.</P>
        <P>Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S. Postal Service mail). All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission.</P>
        <P>• All hand-delivered or messenger-delivered paper filings for the Commission's Secretary at 236 Massachusetts Avenue NE., Suite 110, Washington, DC 20002. The filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building.</P>
        <P>• Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.</P>
        <P>• U.S. Postal Service first-class mail, Express Mail, and Priority Mail should be addressed to 445 12th Street SW., Washington, DC 20554.</P>

        <P>One copy of each pleading must be delivered electronically, by email or facsimile, or if delivered as paper copy, by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail (according to the procedures set forth above for paper filings), to the Commission's duplicating contractor, Best Copy and Printing, Inc., at<E T="03">FCC@BCPIWEB.COM</E>or (202) 488-5563 (facsimile).</P>
        <SIG>
          <FP>Federal Communications Commission.</FP>
          <NAME>Jane E. Jackson,</NAME>
          <TITLE>Associate Chief, Wireless Telecommunications Bureau.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00552 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6712-01-P</BILCOD>
    </PRORULE>
  </PRORULES>
  <VOL>78</VOL>
  <NO>9</NO>
  <DATE>Monday, January 14, 2013</DATE>
  <UNITNAME>Notices</UNITNAME>
  <NOTICES>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="2655"/>
        <AGENCY TYPE="F">DEPARTMENT OF AGRICULTURE</AGENCY>
        <SUBAGY>Forest Service</SUBAGY>
        <SUBJECT>Uinta-Wasatch-Cache National Forest; Utah; Ogden Travel Plan Project</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 a supplement to the final supplemental Environmental Impact Statement.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Ogden Ranger District of the Uinta-Wasatch-Cache National Forest announces its intent to prepare a supplement to the Ogden Travel Plan Revision Final Supplemental Environmental Impact Statement (FSEIS). The Ogden Travel Plan Revision FSEIS evaluated six alternatives for possible travel management of motorized trails and roads.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Scoping will not be conducted in accordance with 40 CFR 1502.9(c)(4). The draft supplement to the FSEIS is expected in May 2013 and the final supplement to the FSEIS is expected in September 2013.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Send written comments to: Renee Flanagan, Ogden District Ranger, 507 25th Street, Ogden, UT 84401. Comments can also be hand delivered Monday through Friday 8 a.m. to 4:30 p.m. at the address above. Comments can be submitted electronically to<E T="03">rflanagan@fs.fed.us</E>or submitted via facsimile to (801) 625-5914.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>District Ranger Renee Flanagan, (801) 625-5112, Ogden Ranger District, 507 25th Street, Ogden, Utah 84401.</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>
        <HD SOURCE="HD1">Proposed Action</HD>
        <P>On March 20, 2006, District Ranger Chip Sibbernsen made a decision designating routes open for motorized travel use, seasonal and other closures, development of two gravel sources, improvements to two concentrated use areas, and new trail construction on the Ogden Ranger District. The decision also allowed limited use of motor vehicles within 150 feet of designated roads to access dispersed camping sites.</P>
        <P>The record of decision for the project was appealed by four separate parties. After review, the appeal deciding officer reversed the decision, based on her finding that the environmental analysis and supporting information in the project record were not adequate to support the decision in regard to cumulative effects analysis.</P>
        <P>Subsequent analysis resulted in a FSEIS that did not replace the final environmental impact statement (FEIS) in its entirety, but which replaced discrete sections of the FEIS and provided additional information to augment the analysis in the FEIS. A record of decision for the FSEIS was signed on September 12, 2007. The record of decision was appealed and the decision was affirmed and implemented.</P>
        <P>As a result of litigation, on March 7, 2012, the United States District Court for the District of Utah issued a decision order. The Court held that the record of decision and FSEIS had three deficiencies: (1) It failed to provide notice of available support for the public to understand the information cataloguing illegal routes; (2) it failed to adequately support its assumptions about the impact of illegal user-created routes; and (3) it failed to explain explicitly its evaluation of the cumulative impacts of its decision on the Shoshone Trail system. As a result, the currently proposed supplement to the FSEIS will be directed to address the deficiencies.</P>
        <HD SOURCE="HD1">Responsible Official</HD>
        <P>Renee Flanagan, District Ranger, Ogden Ranger District.</P>
        <SIG>
          <DATED>Dated: January 3, 2013.</DATED>
          <NAME>Renee Flanagan,</NAME>
          <TITLE>District Ranger.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00565 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3410-11-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>Evaluations of Coastal Zone Management Act Programs: State Coastal Management Programs and National Estuarine Research Reserves.</P>
        <P>
          <E T="03">OMB Control Number:</E>None.</P>
        <P>
          <E T="03">Form Number(s):</E>NA.</P>
        <P>
          <E T="03">Type of Request:</E>Regular submission (request for a new information collection).</P>
        <P>
          <E T="03">Number of Respondents:</E>468.</P>
        <P>
          <E T="03">Average Hours per Response:</E>Information from program managers, 55 (every five years); stakeholder surveys, 30 minutes.</P>
        <P>
          <E T="03">Burden Hours:</E>943.</P>
        <P>
          <E T="03">Needs and Uses:</E>This request is for a new information collection.</P>

        <P>The Coastal Zone Management Act of 1972, as amended (CZMA; 16 U.S.C. 1451<E T="03">et seq.</E>) requires that state coastal management programs and national estuarine research reserves developed pursuant to the CZMA and approved by the Secretary of Commerce be evaluated periodically. This request is for to collect information to accomplish those evaluations.</P>

        <P>Section 1458 of the CZMA and implementing regulations at 15 CFR part 923, subpart L, require that state coastal management programs be evaluated concerning the extent to which the state has implemented and enforced the program approved by the Secretary, addressed the coastal management needs identified in 16 U.S.C. 1452(2)(A) through (K), and adhered to the terms of any grant, loan, or cooperative agreement funded under the CZMA. Section 1461(f) of the CZMA and implementing regulations at 15 CFR part 921, subpart E, require that national estuarine research reserves be evaluated with regard to their operation and management, including education and interpretive activities, the research being conducted within the reserve, and be evaluated in accordance with section<PRTPAGE P="2656"/>1458 of the CZMA and procedures set forth in 15 CFR part 923.</P>
        <P>NOAA's Office of Ocean and Coastal Resource Management (OCRM) conducts periodic evaluations of the 34 coastal management programs and 28 research reserves and produces written findings for each evaluation. OCRM has access to documents submitted in cooperative agreement applications, performance reports, and certain documentation required by the CZMA and implementing regulations. However, additional information from each coastal management program and research reserve, as well as information from the program and reserve partners and stakeholders with whom each works, is necessary to evaluate against statutory and regulatory requirements. Different information collection subsets are necessary for (1) coastal management programs, (2) their partners and stakeholders, (3) research reserves, and (4) their partners and stakeholders.</P>
        <P>
          <E T="03">Affected Public:</E>State, local and tribal government; not-for-profit institutions.</P>
        <P>
          <E T="03">Frequency:</E>Conducted annually, but each program manager submits information only every five years.</P>
        <P>
          <E T="03">Respondent's Obligation:</E>Required to obtain or retain benefits; voluntary.</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: January 9, 2013.</DATED>
          <NAME>Gwellnar Banks,</NAME>
          <TITLE>Management Analyst, Office of the Chief Information Officer.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00568 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-08-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>U.S. Census Bureau</SUBAGY>
        <SUBJECT>Proposed Information Collection; Comment Request; Construction Progress Reporting Survey</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>U.S. Census Bureau.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>To ensure consideration, written comments must be submitted on or before March 15, 2013.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

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

          <P>Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to Erica M. Filipek, U.S. Census Bureau, MCD, CENHQ Room 7K057, 4600 Silver Hill Road, Washington, DC 20233-6900, telephone (301) 763-5161 (or via email at<E T="03">erica.mary.filipek@census.gov</E>).</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">I. Abstract</HD>
        <P>The Census Bureau plans to request a three-year extension of a currently approved collection for forms C-700, Private Construction Projects; C-700(R), Multifamily Residential Projects; C-700(SL), State and Local Government Projects; and C-700(F) Federal Government Projects. These forms are used to conduct the Construction Progress Reporting Surveys (CPRS) to collect information on the dollar value of construction put in place by private companies, individuals, private multifamily residential buildings, state and local governments and the Federal government.</P>
        <P>The Census Bureau is the preeminent collector and provider of timely, relevant and quality data about the people and economy of the United States. The Form C-700, Private Construction Projects, collects construction put in place data for nonresidential projects owned by private companies or individuals. The Form C-700(R), Multifamily Residential Projects, collects construction put in place data for private multifamily residential buildings. The Form C-700(SL), State and Local Government Projects, collects construction put in place data for state and local government projects. The Form C-700(F), Federal Government Projects collects construction put in place for federal government projects.</P>
        <P>The Census Bureau uses the information from these surveys to publish the value of construction put in place series. Published estimates are used by a variety of private business and trade associations to estimate the demand for building materials and to schedule production, distribution, and sales efforts. They also provide various government agencies with a tool to evaluate economic policy and to measure progress towards established goals. For example, Bureau of Economic Analysis staff use data to develop the construction components of gross private domestic investment in the gross domestic product. The Federal Reserve Board and the Department of the Treasury use the value in place data to predict the gross domestic product, which is presented to the Board of Governors and has an impact on monetary policy.</P>
        <HD SOURCE="HD1">II. Method of Collection</HD>
        <P>An independent systematic sample of projects is selected each month according to predetermined sample rates. Once a project is selected, it remains in the sample until completion of the project. Preprinted forms are mailed monthly to respondents to fill in current month data and any revisions to previous months. Respondents also have the option to report online using a password protected site. Nonrespondents are later called by a Census interviewer and report data over the phone. Having the information available from a database at the time of the interview greatly helps reduce the time respondents spend on the phone. Interviews are scheduled at the convenience of the respondent, which further reduces their burden.</P>
        <HD SOURCE="HD1">III. Data</HD>
        <P>
          <E T="03">OMB Control Number:</E>0607-0153.</P>
        <P>
          <E T="03">Form Number:</E>C-700, C-700(R), C-700(SL), C-700(F).</P>
        <P>
          <E T="03">You can obtain information on the proposed content at this Web site: www.census.gov/mcd/clearance</E>.</P>
        <P>
          <E T="03">Type of Review:</E>Regular submission.</P>
        <P>
          <E T="03">Affected Public:</E>Individuals, Businesses or Other for Profit, Not-for-Profit Institutions, Small Businesses or Organizations, State and Local Governments and the Federal Government.</P>
        <P>
          <E T="03">Estimated Number of Respondents:</E>
        </P>
        
        <FP SOURCE="FP-1">C-700 = 4,500</FP>
        <FP SOURCE="FP-1">C-700(R) = 2,000</FP>
        <FP SOURCE="FP-1">C-700(SL) = 12,500</FP>
        <FP SOURCE="FP-1">C-700(F) = 2,000</FP>
        <FP SOURCE="FP-1">TOTAL = 21,000</FP>
        
        <P>
          <E T="03">Estimated Time per Response:</E>5 to 15 minutes per month.<PRTPAGE P="2657"/>
        </P>
        <P>
          <E T="03">Estimated Total Annual Burden Hours:</E>54,600.</P>
        <P>
          <E T="03">Estimated Total Annual Cost:</E>$2 million.</P>
        <P>
          <E T="03">Respondents Obligation:</E>Voluntary.</P>
        <P>
          <E T="03">Legal Authority:</E>Title 13, U.S.C., Section 182.</P>
        <HD SOURCE="HD1">IV. Request for Comments</HD>
        <P>Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents.</P>
        <P>Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record.</P>
        <SIG>
          <DATED>Dated: January 9, 2013.</DATED>
          <NAME>Glenna Mickelson,</NAME>
          <TITLE>Management Analyst, Office of the Chief Information Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00550 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-12-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>Foreign-Trade Zones Board</SUBAGY>
        <DEPDOC>[S-2-2013]</DEPDOC>
        <SUBJECT>Foreign-Trade Zone 196—Fort Worth, TX, Foreign-Trade Subzone 196A—TTI, Inc.; Application for Additional Subzone Site</SUBJECT>
        <P>An application has been submitted to the Foreign-Trade Zones Board (the Board) by Alliance Corridor, Inc., grantee of FTZ 196, requesting an additional site for Subzone 196A located in Fort Worth, Texas. The application was submitted pursuant to the provisions of the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a-81u), and the regulations of the Board (15 CFR part 400). It was formally docketed on January 4, 2013.</P>
        <P>Subzone 196A was approved on September 6, 2012 (S-102-2012) with a site located at 2601 Sylvania Cross Drive in Fort Worth (Site 1, 13 acres) subject to a three-year ASF sunset provision to September 30, 2015. An additional site located at 2441 Northeast Parkway in Fort Worth was approved on a temporary basis on December 13, 2012 (S-139-2012) (Temporary Site 2, 14.419 acres, expires 6/30/2013).</P>
        <P>The applicant is now requesting authority to include Temporary Site 2 in Subzone 196A on a longer-term basis. The proposed subzone site would be subject to the existing activation limit of FTZ 196 and to the existing sunset provision applicable to Site 1 of the subzone. No authorization for production activity has been requested at this time.</P>
        <P>In accordance with the Board's regulations, Camille Evans of the FTZ Staff is designated examiner to review the application and make recommendations to the Executive Secretary.</P>
        <P>Public comment is invited from interested parties. Submissions shall be addressed to the Board's Executive Secretary at the address below. The closing period for their receipt is February 25, 2013. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to March 11, 2013.</P>

        <P>A copy of the application will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230-0002, and in the “Reading Room” section of the Board's Web site, which is accessible via<E T="03">www.trade.gov/ftz.</E>For further information, contact Camille Evans at<E T="03">Camille.Evans@trade.gov</E>or (202) 482-2350.</P>
        <SIG>
          <DATED>Dated: January 4, 2013.</DATED>
          <NAME>Andrew McGilvray,</NAME>
          <TITLE>Executive Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00584 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>Foreign-Trade Zones Board</SUBAGY>
        <DEPDOC>[Docket 30-2011]</DEPDOC>
        <SUBJECT>Foreign-Trade Zone 141—Rochester, NY, Application for Manufacturing Authority, Firth Rixson, Inc. d/b/a Firth Rixson Monroe, Comment Period on Revised Preliminary Recommendation</SUBJECT>

        <P>On April 29, 2011, an application was submitted by Monroe County, New York, grantee of FTZ 141, requesting authority on behalf of Firth Rixson, Inc. d/b/a Firth Rixson Monroe (Firth Rixson) to manufacture aircraft turbine components under FTZ procedures within FTZ 141 (76 FR 25300-25301, 5/4/2011). In January 2012, the applicant was notified of the FTZ Board staff examiner's preliminary recommendation for approval of the request with a restriction requiring that foreign-origin titanium be admitted to Firth Rixson's FTZ operation in privileged foreign status (19 CFR § 146.63) (absent that restriction, at the time that U.S. customs entry is made on aircraft turbine components produced in the FTZ incorporating foreign-sourced titanium, Firth Rixson would be able to apply to the foreign-sourced titanium the lower duty rates applicable to aircraft turbine components—an “inverted tariff” benefit). In June 2012, the applicant submitted new evidence and information in response to the factors considered in the preliminary recommendation. Firth Rixson's June 2012 submission was the subject of a<E T="04">Federal Register</E>notice (77 FR 43572-43573, 7/25/2012) inviting public comment. Firth Rixson subsequently made a rebuttal submission in response to comments received during the comment period.</P>

        <P>After a full review of the evidence and information on the record to date (including all submissions by the applicant and other parties) in the context of the applicable criteria from the FTZ Board's regulations (15 CFR part 400), the examiner issued a revised preliminary recommendation on December 28, 2012. The examiner's revised preliminary recommendation is to approve the requested authority—<E T="03">i.e.,</E>to allow unrestricted FTZ benefits on foreign titanium used in production for the U.S. market and export—for a period of five years. Any authority beyond the five year period would require an additional application to the FTZ Board.</P>
        <P>The examiner's revised preliminary recommendation also includes a requirement for Firth Rixson to provide data on an ongoing basis to enable the FTZ Staff to conduct enhanced monitoring of the actual impact of Firth Rixson's FTZ use. If there were to be evidence of negative effects resulting from the company's FTZ use, the FTZ Board could review the activity and determine whether negative public interest impacts existed that warranted the imposition of a prohibition or restriction (see 15 CFR § 400.49).</P>

        <P>The examiner's analysis indicates that allowing unrestricted FTZ benefits on foreign titanium used in production for the U.S. market and export for an initial five-year period should result in significant public benefits—such as maintained or increased U.S. employment—without negative economic effects (<E T="03">e.g.,</E>would not result in increased imports of titanium alloy that otherwise would not have<PRTPAGE P="2658"/>occurred). In particular, the revised preliminary recommendation is based on an assessment that the requested authority is unlikely to have a negative impact on related domestic industry—such as reduced purchases of U.S.-produced titanium products—because key customers' contracts with Firth Rixson involve “directed buys” wherein the customer dictates the specific supplier of the titanium to be used by Firth Rixson in the production of its aircraft turbine components for the customer's use. “Directed buy” contracts enable the customer to retain tight control over the specifications and quality of the titanium used to produce components for that customer. Key “directed buy” contractual provisions include a designated source (<E T="03">i.e.,</E>the actual supplier of the titanium alloy to be processed by Firth Rixson) and a transaction price(s) (<E T="03">i.e.,</E>unit price(s) for titanium alloy pre-established by negotiations solely involving Firth Rixson's customer and the producer of the titanium alloy selected by that customer). Under longstanding “directed buy” practices within the aerospace industry, Firth Rixson does not control the sourcing of titanium alloy and the price of that material for key contracts. What Firth Rixson does control in that situation is whether the production will occur at a company facility in the United States or abroad.</P>
        <P>The examiner's analysis indicates that, given that certain “directed buy” contracts mandate the use of titanium from a specific foreign producer, the competitiveness of Firth Rixson's Rochester plant would be improved (relative to Firth Rixson's plants offshore and to competitors' plants abroad) through unrestricted FTZ benefits on its processing of foreign-origin titanium. (In that situation, because Firth Rixson's potential “directed buy” customer is seeking a company to process the specific, foreign-produced titanium already selected by the customer, there should be no impact on U.S. titanium producers.) In the absence of FTZ benefits, Firth Rixson would be more likely to need to conduct significant portions of its activity at one of its overseas plants in order to secure or retain a contract to process the specific foreign-origin titanium mandated by a potential customer. This would ultimately produce negative effects on employment at the U.S. plant and potentially on the plant's overall viability. FTZ authority should reduce the apparent risk of loss of that activity (and associated employment) to foreign locations. Further, helping to maintain Firth Rixson's production and employment at the Monroe County plant through FTZ authority would likely promote positive secondary economic effects (particularly through maintained or increased purchases of titanium alloy from U.S. mills for contracts that do not mandate the use of specific, foreign-produced titanium alloy).</P>
        <P>Public comment is invited through February 13, 2013, on the revised preliminary recommendation and its underlying bases. Rebuttal comments may be submitted during the subsequent 15-day period, until February 28, 2013. Submissions shall be addressed to the Board's Executive Secretary at the following address: Office of the Executive Secretary, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230-0002.</P>
        <P>For further information, contact Pierre Duy at<E T="03">Pierre.Duy@trade.gov</E>or (202) 482-1378.</P>
        <SIG>
          <DATED>Dated: January 9, 2013.</DATED>
          <NAME>Andrew McGilvray,</NAME>
          <TITLE>Executive Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00587 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>International Trade Administration</SUBAGY>
        <DEPDOC>[A-201-830]</DEPDOC>
        <SUBJECT>Carbon and Certain Alloy Steel Wire Rod From Mexico: Rescission of Antidumping Duty Administrative Review; 2011-2012</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Import Administration, International Trade Administration, Department of Commerce.</P>
        </AGY>
        
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Department of Commerce (the “Department”) is rescinding its administrative review of the antidumping duty order on carbon and certain alloy steel wire rod (“wire rod”) from Mexico for the period October 1, 2011, through September 30, 2012.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Effective Date:</E>January 14, 2013.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Patricia Tran at 202-482-1503 or Eric Greynolds at 202-482-6071, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Background</HD>
        <P>On October 1, 2012, the Department published a notice of opportunity to request an administrative review of the antidumping duty order on wire rod from Mexico for the period of review, October 1, 2011, through September 30, 2012.<SU>1</SU>
          <FTREF/>On October 31, 2012, Nucor Corporation (“Nucor”) requested that the Department conduct a review of Deacero S.A. de C.V. (“Deacero”), Ternium S.A, (including Ternium Mexico S.A. de C.V. and Hylsa S.A. de C.C.) (collectively “Ternium”), and ArcelorMittal Las Truchas, S.A. de C.V. and its affiliate, ArcelorMittal International America LLC (collectively “AMLT”), or any of their affiliates.<SU>2</SU>
          <FTREF/>On December 3, 2012, in accordance with 19 CFR 351.221(c)(1)(i), the Department initiated an administrative review of the antidumping duty order on wire rod from Mexico covering Deacero, Ternium, and AMLT.<SU>3</SU>
          <FTREF/>On December 18, 2012, Nucor withdrew its request for an administrative review.<SU>4</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>1</SU>
            <E T="03">See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review,</E>77 FR 59894 (October 1, 2012).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>2</SU>
            <E T="03">See</E>Letter from Nucor Corporation, “Request for Administrative Review” (October 31, 2012).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>3</SU>
            <E T="03">See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part,</E>77 FR 71575 (December 3, 2012).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>4</SU>
            <E T="03">See</E>Letter from Nucor Corporation, “Withdrawal of Request for Administrative Review” (December 18, 2012).</P>
        </FTNT>
        <HD SOURCE="HD1">Rescission of Review</HD>
        <P>Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if the parties that requested a review withdraw the request within 90 days of the date of publication of the notice initiating the review. Nucor withdrew its request for review within the 90-day deadline. No other interested party requested an administrative review of Deacero, Ternium, and AMLT, or any other entity. Therefore, in accordance with 19 CFR 351.213(d)(1), we are rescinding this review in its entirety.</P>
        <HD SOURCE="HD1">Assessment</HD>

        <P>The Department will instruct U.S. Customs and Border Protection (“CBP”) to assess antidumping duties on all entries of wire rod from Mexico at rates equal to the cash deposit of estimated antidumping duties required at the time of entry or withdrawal from warehouse for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions to CBP 15 days after the date of publication of this notice of rescission of administrative review.<PRTPAGE P="2659"/>
        </P>
        <HD SOURCE="HD1">Notification Regarding Administrative Protective Order</HD>
        <P>This notice also serves as a final reminder to parties subject to administrative protective order (“APO”) of their responsibility concerning the disposition of proprietary information disclosed under an APO in accordance with 19 CPR 351.305(a)(3). Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation.</P>
        <P>This notice is issued and published in accordance with sections 75l(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CPR 351.213(d)(4).</P>
        <SIG>
          <DATED>Dated: January 7, 2012.</DATED>
          <NAME>Christian Marsh,</NAME>
          <TITLE>Deputy Assistant Secretaryfor Antidumping and Countervailing Duty Operations.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00583 Filed 1-11-13; 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 February 4, 2013. 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>Docket Number: 12-060. Applicant: Vanderbilt University, 2201 West End Ave., Nashville, TN 37235. Instrument: Electron Microscope. Manufacturer: FEI Company, the Netherlands. Intended Use: The instrument will be used for the characterization of the structure and elemental distribution of nanomaterials such as quantum dots, nanostructured photovoltaic devices, and bio accumulation of nanomaterials in tissue cells. Justification for Duty-Free Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: December 11, 2012.</P>
        <P>Docket Number: 12-061. Applicant: Purdue University, 401 S. Grant St., West Lafayette, IN 47907-2024. Instrument: Electron Microscope. Manufacturer: FEI Company, the Netherlands. Intended Use: The instrument will be used to understand the morphology, such as size, shape of components, elemental composition, and relationships between structures of plant tissues, animal tissues, microorganisms, nanomaterials, and chemical compounds. Justification for Duty-Free Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: August 21, 2012.</P>
        <P>Docket Number: 12-067. Applicant: University of Pennsylvania, 3231 Walnut St., Philadelphia, PA 19104. Instrument: Electron Microscope. Manufacturer: JEOL Ltd., Japan. Intended Use: The instrument will be used to study the morphology or shape, composition, crystal structure, local bonding environment, hardness, and electrical properties of inorganic materials such as oxides, metals, ceramics, polymers, as well as organic materials such as tissue samples, in the size range from tenths of a nanometer to tens of micrometers. Justification for Duty-Free Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: December 14, 2012.</P>
        <P>Docket Number: 12-068. Applicant: National Center for Toxicological Research, USFDA, 3900 NCTR Rd., Jefferson, Arkansas 72079. Instrument: Electron Microscope. Manufacturer: Carl Zeiss, Germany. Intended Use: The instrument will be used to quantify the toxicological properties of nanoscale materials that are being regulated by the FDA, including metal oxides and carbon-based nanomaterials. The experiments will include determining the toxicity of nanoscale metal oxides in cultured cells, quantifying the distribution and toxicity of nanoscale silver and metal oxides in animals, and studying the migration of nanoscale materials from plastic materials. Justification for Duty-Free Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: December 20, 2012.</P>

        <P>Docket Number: 12-069. Applicant: Temple University, 1947 North 12th St., Philadelphia, PA 19122. Instrument: Electron Microscope. Manufacturer: FEI Company, Czech Republic. Intended Use: The instrument will be used for several projects such as improving the fabrication quality of a planar MgB<E T="52">2</E>/TiB<E T="52">2</E>/MgB<E T="52">2</E>Josephson junction, the development of a smart needling device for image-guided percutaneous intervention and delivery of therapeutic agents in prostate, and fracture mechanics in development of enhanced geothermal energy resources. Justification for Duty-Free Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: December 20, 2012.</P>
        <SIG>
          <DATED>Dated: January 8, 2013.</DATED>
          <NAME>Gregory W. Campbell,</NAME>
          <TITLE>Director of Subsidies Enforcement,  Import Administration.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00586 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-DS-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
        <RIN>RIN 0648-XB152</RIN>
        <SUBJECT>Endangered Species; File No. 16645</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Issuance of permit.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>Notice is hereby given that the Georgia Department of Natural Resources (GA DNR) has been issued a permit for the incidental take of shortnose (<E T="03">Acipenser brevirostrum</E>) and Atlantic sturgeon (<E T="03">A. oxyrinchus</E>) associated with the otherwise lawful commercial shad fishery in Georgia.</P>
        </SUM>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>The permit and related documents are available for review upon written request or by appointment in the following office:</P>
          <P>Endangered Species Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13626, Silver Spring, MD 20910; phone (301) 427-8403; fax (301) 713-4060.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Kristy Beard or Angela Somma, (301) 427-8403.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>On April 11, 2012, notice was published in the<E T="04">Federal Register</E>(77 FR 21751) that a request for a permit for the incidental take of shortnose and Atlantic sturgeon associated with the otherwise lawful commercial shad fishery in Georgia had<PRTPAGE P="2660"/>been submitted by GA DNR. The requested permit has been issued under the authority of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531<E T="03">et seq.</E>) and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR parts 222-226).</P>
        <P>The permit authorizes take of ESA-listed shortnose and Atlantic sturgeon that are caught incidental to the Georgia commercial shad fishery. Incidental capture by fisherman will not exceed 140 shortnose sturgeon per year (no more than 420 in a 3-year period) and 140 Atlantic sturgeon per year (no more than 420 in a 3-year period) in the Altamaha River, 70 shortnose sturgeon per year (no more than 210 in a 3-year period) and 35 Atlantic sturgeon per year (no more than 110 in a 3-year period) in the Savannah River, and 5 shortnose sturgeon per year (no more than 20 in a 3-year period) and 5 Atlantic sturgeon per year (no more than 20 in a 3-year period) in the Ogeechee River. Mortalities of incidentally captured sturgeon will not exceed 3 shortnose sturgeon per year or 8 per 3-year period and 3 Atlantic sturgeon per year or 5 per 3-year period in the Altamaha River, 2 shortnose sturgeon per year or 6 per 3-year period and 1 Atlantic sturgeon per year or 1 per 3-year period in the Savannah River, and 1 shortnose sturgeon per year or 1 per 3-year period and 1 Atlantic sturgeon per year or 1 per 3-year period in the Ogeechee River. The State of Georgia has amended its commercial fishing regulations for the Georgia commercial shad fishery to minimize the incidental capture of ESA-listed shortnose sturgeon and the South Atlantic, Carolina, Chesapeake Bay, New York Bight, and Gulf of Maine DPSs of Atlantic sturgeon. The new regulations restrict fishing to the lower portions of the Savannah, Ogeechee, and Altamaha Rivers and close the fishery in the Satilla and St. Mary's River. The Georgia shad fishery is open from January 1 to as late as April 30 each year, but would typically end March 31. In addition, GA DNR will implement measures described in the conservation plan that accompanies the permit to minimize, monitor, and mitigate the incidental take of ESA-listed sturgeon. The conservation plan includes continued implementation of Georgia's amended commercial fishing regulations for the Georgia shad fishery, which are expected to minimize the bycatch of sturgeon by closing to shad fishing sections of the rivers that previously had the highest bycatch rates. These closures would also protect known and suspected sturgeon spawning sites. Georgia regulations require that sturgeon captured in shad nets be released unharmed into the waters from which they were taken. In addition to sturgeon incidentally captured by fisherman, GA DNR is also expected to incidentally capture sturgeon during monitoring of the shad run. GA DNR will set drift nets in the Altamaha River during the fishing season to monitor the shad run and approximate the rate of incidentally captured shortnose and Atlantic sturgeon. Up to 10 shortnose and 10 Atlantic sturgeon will be captured during annual monitoring activities in the Altamaha River, with no more than 50 shortnose sturgeon and 50 Atlantic sturgeon captured during any three consecutive years. No mortalities are anticipated. GA DNR will insert passive integrated transponder (PIT) tags and collect genetic samples from Atlantic sturgeon incidentally captured during monitoring in order to better determine what DPSs of Atlantic sturgeon are being captured in the fishery.</P>
        <P>Issuance of this permit, as required by the ESA, was based on a finding that such permit (1) was applied for in good faith, (2) will not operate to the disadvantage of such endangered or threatened species, and (3) is consistent with the purposes and policies set forth in section 2 of the ESA.</P>
        <SIG>
          <DATED>Dated: January 9, 2013.</DATED>
          <NAME>Angela Somma,</NAME>
          <TITLE>Chief, Endangered Species Conservation Division, Office of Protected Resources, National Marine Fisheries Service.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00553 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-22-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>National Telecommunications and Information Administration</SUBAGY>
        <SUBJECT>First Responder Network Authority Board Meeting</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>National Telecommunications and Information Administration, U.S. Department of Commerce.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of open public meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This notice announces an open public meeting of the Board of the First Responder Network Authority (FirstNet).</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The meeting will be held on February 12, 2013, from 9 a.m. to 12:30 p.m. Mountain Standard Time.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Board members will meet at the National Institute of Standards and Technology (NIST) Radio Building 1 (Room 1107), 325 Broadway, Boulder, CO 80305-3328.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Uzoma Onyeije, Senior Advisor for Public Safety, National Telecommunications and Information Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, (202) 482-0016,<E T="03">uzoma@firstnet.gov</E>. Please direct media inquiries to NTIA's Office of Public Affairs, (202) 482-7002.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>
          <E T="03">Background:</E>The Middle Class Tax Relief and Job Creation Act of 2012 (Act), Public Law 112-96, 126 Stat. 156 (2012), created FirstNet as an independent authority within the National Telecommunications and Information Administration (NTIA). The Act directs FirstNet to establish a nationwide, interoperable public safety broadband network. The FirstNet Board is responsible for making strategic decisions regarding FirstNet's operations. The FirstNet Board held its first public meeting on September 25, 2012, and its second meeting on December 11, 2012, in Washington, DC.</P>
        <P>
          <E T="03">Matters to Be Considered:</E>NTIA will post a detailed agenda on its Web site,<E T="03">http://www.ntia.doc.gov/category/firstnet</E>prior to the meeting. The agenda topics are subject to change.</P>
        <P>
          <E T="03">Time and Date:</E>The meeting will be held on February 12, 2013, from 9 a.m. to 12:30 p.m. Mountain Standard Time. The time is subject to change.</P>
        <P>
          <E T="03">Place:</E>Board members will meet at the National Institute of Standards and Technology (NIST) Radio Building 1 (Room 1107), 325 Broadway, Boulder, CO 80305-3328.</P>
        <P>
          <E T="03">Other Information:</E>The meeting is open to the public, including the press. Given the space limitations of the FirstNet Board's Conference Room, members of the public and the press attending the meeting in person will be directed to the B Auditorium (Room 1-1108) at the NIST campus, 325 Broadway, Boulder, CO 80305-3328. The public participants will observe the meeting by video.</P>

        <P>Due to security requirements, in order to gain access to the meeting site, by February 4, 2013, all participants must register online and complete the NIST 1260 form at<E T="03">https://www-s.nist.gov/CRS/conf_disclosure.cfm?conf_id=5910.</E>All attendees are required to have two forms of identification, and one MUST include a photo.</P>

        <P>Questions about registration should be addressed to Teresa Vicente, (301) 975-3883,<E T="03">teresa.vicente@nist.gov</E>. Upon completion of registration, participants will receive a map with<PRTPAGE P="2661"/>instructions on how to enter the NIST campus in Boulder. Details regarding access to the facility are available at<E T="03">http://www.boulder.nist.gov/police/Foreign_Nationals.html.</E>
        </P>

        <P>The meeting is accessible to people with disabilities. Individuals requiring accommodations, such as sign language interpretation or other ancillary aids, are asked to notify Uzoma Onyeije, Senior Advisor for Public Safety, at (202) 482-0016 or<E T="03">uzoma@firstnet.gov</E>at least seven (7) business days before the meeting (by February 1, 2013).</P>

        <P>The meeting will also be webcast. Please refer to NTIA's Web site at<E T="03">http://www.ntia.doc.gov/category/firstnet</E>for webcast instructions and other information. If you have technical questions regarding the webcast, please contact Charles Franz at (202) 482-1835 or<E T="03">cfranz@ntia.doc.gov.</E>
        </P>
        <P>
          <E T="03">Records:</E>NTIA will post records of all Board open meetings. Board minutes will be available at<E T="03">http://www.ntia.doc.gov/category/firstnet</E>.</P>
        <SIG>
          <DATED>Dated: January 8, 2013.</DATED>
          <NAME>Kathy D. Smith,</NAME>
          <TITLE>Chief Counsel, National Telecommunications and Information Administration.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00501 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-60-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">COMMODITY FUTURES TRADING COMMISSION</AGENCY>
        <SUBJECT>Agency Information Collection Activities Under OMB Review</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Commodity Futures Trading Commission.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collection and its expected costs and burden.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments must be submitted on or before February 13, 2013.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Send comments regarding the burden estimated or any other aspect of the information collection, including suggestions for reducing the burden, to the addresses below. Please refer to OMB Control No. 3038-0091 in any correspondence.</P>
          
          <FP SOURCE="FP-1">Martin B. White, Office of the General Counsel, Commodity Futures Trading Commission, 1155 21st Street NW., Washington, DC 20581; and</FP>
          <FP SOURCE="FP-1">Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Desk Officer for CFTC, 725 17th Street, Washington, DC 20503.</FP>
          
          <P>Comments may also be submitted by any of the following methods:</P>
          <P>The agency's Web site, at<E T="03">http://comments.cftc.gov.</E>Follow the instructions for submitting comments through the Web site.</P>
          <P>
            <E T="03">Mail:</E>Sauntia Warfield, Assistant Secretary of the Commission, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW., Washington, DC 20581.</P>
          <P>
            <E T="03">Hand Delivery/Courier:</E>Same as mail above.</P>
          <P>
            <E T="03">Federal eRulemaking Portal: http://www.regulations.gov.</E>Follow the instructions for submitting comments.</P>
          <P>Please submit your comments using only one method and identity that it is for the renewal of 3038-0091.</P>

          <P>All comments must be submitted in English, or if not, accompanied by an English translation. Comments will be posted as received to<E T="03">www.cftc.gov.</E>You should submit only information that you wish to make available publicly. If you wish the Commission to consider information that you believe is exempt from disclosure under the Freedom of Information Act, a petition for confidential treatment of the exempt information may be submitted according to the procedures established in § 145.9 of the Commission's regulations.<SU>1</SU>
            <FTREF/>
          </P>
          <FTNT>
            <P>
              <SU>1</SU>
              <E T="03">See</E>17 CFR 145.9.</P>
          </FTNT>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION OR A COPY CONTACT:</HD>

          <P>Martin B. White, Office of the General Counsel, Commodity Futures Trading Commission, 1155 21st Street NW., Washington, DC 20581, (202) 418-5303; FAX: (202) 418-5527; email:<E T="03">mwhite@cftc.gov</E>and refer to OMB Control No. 3038-0091.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P SOURCE="NPAR">
          <E T="03">Title:</E>Disclosure and Retention of Certain Information Related to Cleared Swaps Customer Collateral (OMB Control No. 3038-0091). This is a request for extension of a currently approved information collection.</P>
        <P>
          <E T="03">Abstract:</E>Part 22 of the Commission's regulations under the Commodity Exchange Act (Act) establish rules for the protection of customer collateral held by futures commission merchants and derivatives clearing organizations to serve as margin in cleared swaps transactions. As part of this regulatory scheme, sections 22.2(g), 22.5(a), 22.11, 22.12, and 22.16 of these rules impose recordkeeping and third-party disclosure requirements on futures commission merchants and designated clearing organizations. In addition, section 22.13(c)(2) indirectly requires futures commission merchants who post excess collateral with designated clearing organizations to perform certain computations regarding such collateral, although it is not expected to materially affect the total paperwork burden associated with Part 22.</P>

        <P>The reporting and recordkeeping requirements of Part 22 constitute the collection of information within the meaning of the Paperwork Reduction Act of 1995. 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 Part 22 rules were promulgated earlier this year and the associated collection of information was assigned OMB control number 3038-0091. See Final Rule, 77 FR 6336, 6370-71 (February 7, 2012). The<E T="04">Federal Register</E>notice for the 60-day comment period on this renewal of a collection of information was published on October 2, 2012 (77 FR 60114). That notice included a description of the specific recordkeeping and third-party disclosure required by the relevant rule provisions. No comments were received in response to the 60-day notice.</P>
        <P>
          <E T="03">Burden statement:</E>The Commission estimates the burden of this collection of information as follows:</P>
        <GPOTABLE CDEF="s25,12,12,12,11.1,12,12,12" COLS="8" OPTS="L2,i1">
          <TTITLE>Recordkeeping Burden</TTITLE>
          <BOXHD>
            <CHED H="1">Regulations<LI>(17 CFR)</LI>
            </CHED>
            <CHED H="1">Estimated<LI>number of</LI>
              <LI>entities</LI>
            </CHED>
            <CHED H="1">Estimated<LI>annual</LI>
              <LI>responses</LI>
              <LI>per entity</LI>
            </CHED>
            <CHED H="1">Total<LI>annual</LI>
              <LI>responses</LI>
            </CHED>
            <CHED H="1">Estimated<LI>number of</LI>
              <LI>hours per</LI>
              <LI>response</LI>
            </CHED>
            <CHED H="1">Estimated<LI>average cost</LI>
              <LI>per response</LI>
            </CHED>
            <CHED H="1">Total<LI>annual</LI>
              <LI>burden-hours</LI>
            </CHED>
            <CHED H="1">Total<LI>annual</LI>
              <LI>burden-cost</LI>
            </CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">22.2(g)</ENT>
            <ENT>100</ENT>
            <ENT>250</ENT>
            <ENT>25,000</ENT>
            <ENT>0.4</ENT>
            <ENT>$10</ENT>
            <ENT>10,000</ENT>
            <ENT>$250,000</ENT>
          </ROW>
          <ROW>
            <PRTPAGE P="2662"/>
            <ENT I="01">22.5(a)</ENT>
            <ENT>100</ENT>
            <ENT>1</ENT>
            <ENT>100</ENT>
            <ENT>5</ENT>
            <ENT>125</ENT>
            <ENT>500</ENT>
            <ENT>12,500</ENT>
          </ROW>
        </GPOTABLE>
        <GPOTABLE CDEF="s25,12C,12C,12C,16C,16C" COLS="6" OPTS="L2,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1">Regulations<LI>(17 CFR)</LI>
            </CHED>
            <CHED H="1">Estimated number of<LI>entities</LI>
            </CHED>
            <CHED H="1">Estimated<LI>annualized start-up cost per entity</LI>
            </CHED>
            <CHED H="1">Estimated<LI>annual</LI>
              <LI>operating and maintenance cost per entity</LI>
            </CHED>
            <CHED H="1">Estimated total annualized start-up costs</CHED>
            <CHED H="1">Estimated total<LI>annual operating and maintenance cost per entity</LI>
            </CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">22.12</ENT>
            <ENT>100</ENT>
            <ENT>$750-1,500</ENT>
            <ENT>$750-1,500</ENT>
            <ENT>$75,000-150,000</ENT>
            <ENT>$75,000-150,000</ENT>
          </ROW>
        </GPOTABLE>
        <GPOTABLE CDEF="s25,12C,12C,12C,12C,12C,12C,12C" COLS="8" OPTS="L2,i1">
          <TTITLE>Third-Party Disclosure Burden</TTITLE>
          <BOXHD>
            <CHED H="1">Regulations<LI>(17 CFR)</LI>
            </CHED>
            <CHED H="1">Estimated number of<LI>entities</LI>
            </CHED>
            <CHED H="1">Annual<LI>responses per entity</LI>
            </CHED>
            <CHED H="1">Total annual responses</CHED>
            <CHED H="1">Estimated number of hours per<LI>response</LI>
            </CHED>
            <CHED H="1">Estimated<LI>average cost per response</LI>
            </CHED>
            <CHED H="1">Total annual burden-hours</CHED>
            <CHED H="1">Total annual burden-cost</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">22.16</ENT>
            <ENT>100</ENT>
            <ENT>1,000</ENT>
            <ENT>100,000</ENT>
            <ENT>0.2</ENT>
            <ENT>$5</ENT>
            <ENT>20,000</ENT>
            <ENT>$500,000</ENT>
          </ROW>
        </GPOTABLE>
        <GPOTABLE CDEF="s50,12C,12C,12C,12C,12C" COLS="6" OPTS="L2,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1">Regulations<LI>(17 CFR)</LI>
            </CHED>
            <CHED H="1">Estimated number of<LI>entities</LI>
            </CHED>
            <CHED H="1">Estimated<LI>annualized start-up cost per entity</LI>
            </CHED>
            <CHED H="1">Estimated<LI>annual</LI>
              <LI>operating and maintenance cost per entity</LI>
            </CHED>
            <CHED H="1">Estimated total annualized start-up costs</CHED>
            <CHED H="1">Estimated total annual<LI>operating and maintenance cost per entity</LI>
            </CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">22.11</ENT>
            <ENT>100</ENT>
            <ENT>$750-1,500</ENT>
            <ENT>$750-1,500</ENT>
            <ENT>$75,000-150,000</ENT>
            <ENT>$75,000-150,000</ENT>
          </ROW>
        </GPOTABLE>
        <NOTE>
          <HD SOURCE="HED">Notes:</HD>
          <P>1. There is no reporting (in the sense of reporting information to the government as opposed to third-party disclosure to private parties) requirement or burden in connection with information collection under 17 CFR part 22 and Control Number 3038-0091.</P>
          <P>2. In the 60-notice for this renewal of a collection of information, the CFTC stated that there were estimated to be no capital costs or operating and maintenance costs associated with this collection. Upon further consideration, the CFTC has determined that the costs associated with rules 22.11 and 22.12 are appropriately classified as start-up costs and operating and maintenance costs as those terms are used with regard to Paperwork Reduction Act burden estimates in the Office of Management and Budget regulatory information system. This reclassification does not alter the substance of the recordkeeping and third-party disclosure requirements in question or the associated total cost set forth in the 60-day notice.</P>
        </NOTE>
        <SIG>
          <DATED>Dated: January 8, 2013.</DATED>
          <NAME>Stacy D. Yochum,</NAME>
          <TITLE>Counsel to the Executive Director.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00521 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6351-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">CONSUMER PRODUCT SAFETY COMMISSION</AGENCY>
        <DEPDOC>[Docket No. CPSC-2009-0044]</DEPDOC>
        <SUBJECT>Proposed Extension of Approval of Information Collection; Comment Request: Safety Standard for Cigarette Lighters</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Consumer Product Safety Commission.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>As required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Consumer Product Safety Commission (CPSC or Commission) requests comments on a proposed request for an extension of approval of a collection of information from manufacturers and importers of disposable and novelty cigarette lighters. This collection of information consists of testing and recordkeeping requirements in certification regulations implementing the Safety Standard for Cigarette Lighters (16 CFR part 1210). The Commission will consider all comments received in response to this notice before requesting an extension of approval of this collection of information from the Office of Management and Budget (OMB).</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The Office of the Secretary must receive comments not later than March 15, 2013.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>You may submit comments, identified by Docket No. CPSC-2009-0044, by any of the following methods:</P>
        </ADD>
        <HD SOURCE="HD1">Electronic Submissions</HD>
        <P>Submit electronic comments in the following way:</P>
        <P>
          <E T="03">Federal eRulemaking Portal: http://www.regulations.gov.</E>Follow the instructions for submitting comments.</P>

        <P>To ensure timely processing of comments, the Commission is no longer accepting comments submitted by electronic mail (email), except through<E T="03">www.regulations.gov.</E>
        </P>
        <HD SOURCE="HD1">Written Submissions</HD>
        <P>Submit written submissions in the following way:</P>
        <P>
          <E T="03">Mail/Hand delivery/Courier (for paper, disk, or CD-ROM submissions), preferably in five copies, to:</E>Office of the Secretary, Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 504-7923.</P>
        <P>
          <E T="03">Instructions:</E>All submissions received must include the agency name and docket number for this notice. All comments received may be posted without change, including any personal identifiers, contact information, or other<PRTPAGE P="2663"/>personal information provided, to<E T="03">http://www.regulations.gov.</E>Do not submit confidential business information, trade secret information, or other sensitive or protected information electronically. Such information should be submitted in writing.</P>

        <P>Docket: For access to the docket to read background documents or comments received, go to<E T="03">http://www.regulations.gov.</E>
        </P>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>For further information contact: Robert H. Squibb, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; (301) 504-7815, or by email to:<E T="03">rsquibb@cpsc.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>In 1993, the Commission issued the Safety Standard for Cigarette Lighters (16 CFR part 1210) under provisions of the Consumer Product Safety Act (CPSA) (15 U.S.C. 2051<E T="03">et seq.</E>) to eliminate or reduce risks of death and burn injury from fires accidentally started by children playing with cigarette lighters. The standard contains performance requirements for disposable and novelty lighters that are intended to make cigarette lighters that are subject to the standard resist operation by children younger than 5 years of age.</P>
        <HD SOURCE="HD1">A. Certification Requirements</HD>
        <P>Section 14(a) of the CPSA (15 U.S.C. 2063(a)) requires manufacturers, importers, and private labelers of a consumer product subject to a consumer product safety standard under the CPSA or similar rule, ban, standard, or regulation under any other act enforced by the Commission to issue a certificate stating that the product complies with all applicable rules, bans, standards, or regulations. Section 14(a) of the CPSA also requires that the certificate of compliance must be based on a test of each product or upon a reasonable testing program and specify each such rule, ban, standard or regulation applicable to the product.</P>
        <P>Section 14(b) of the CPSA (15 U.S.C. 2063(b)) authorizes the Commission to issue regulations to prescribe a reasonable testing program to support certificates of compliance with a consumer product safety standard under the CPSA or similar rule, ban, standard, or regulation under any other act enforced by the Commission. Section 16(b) of the CPSA (15 U.S.C 2065(b)) authorizes the Commission to issue rules to require that firms “establish and maintain” records to permit the Commission to determine compliance with rules issued under the authority of the CPSA.</P>
        <P>The Commission has issued regulations prescribing requirements for a reasonable testing program to support certificates of compliance with the standard for cigarette lighters. These regulations require manufacturers and importers to submit a description of each model of lighter, results of surrogate qualification tests for compliance with the standard, and other information before the introduction of each model of lighter in commerce. These regulations also require manufacturers, importers, and private labelers of disposable and novelty lighters to establish and maintain records to demonstrate successful completion of all required tests to support the certificates of compliance that they issue. 16 CFR part 1210, Subpart B.</P>
        <P>The Commission uses the information compiled and maintained by manufacturers, importers, and private labelers of disposable and novelty lighters to protect consumers from risks of accidental deaths and burn injuries associated with those lighters. More specifically, the Commission uses this information to determine whether lighters comply with the standard by resisting operation by young children. The Commission also uses this information to obtain corrective actions if disposable or novelty lighters fail to comply with the standard in a manner that creates a substantial risk of injury to the public.</P>
        <P>OMB approved the collection of information in the certification regulations for cigarette lighters under control number 3041-0116. OMB's most recent extension of approval will expire on February 28, 2013. The Commission proposes to request an extension of approval for this collection of information requirements.</P>
        <HD SOURCE="HD1">B. Estimated Burden</HD>

        <P>The cost of the rule's testing requirement is the cost of testing, either by the firm or by outside contractors. In fiscal year 2012, 30 firms submitted new lighter models. The total number of models that were child-tested (new models) was 13, and the number of lighters that were comparable to previously tested models (comparable models) was 132. If tested through outside contractors, CPSC staff estimates the cost per test to be between $15,000 and $25,000, and $20,000 on average. If 13 total tests are done annually by outside contractors, the cost would be approximately $260,000. If tests are conducted in-house, CPSC staff estimates that testing a new model is expected to take about 90 hours per model. The total testing time for 13 models, if conducted in-house, would be 1,170 hours. Based on an hourly compensation for the time required for testing is $61.75 per hour (U.S. Bureau of Labor Statistics, “Employer Costs for Employee Compensation,” June 2012, Table 9, total compensation for management, professional, and related workers in goods-producing industries:<E T="03">http://www.bls.gov/ncs</E>), the in-house testing cost would be approximately 72,245. The total industry cost of the testing component for this regulation would be in the range of $72,248 to $260,000 per year, depending on the method chosen.</P>

        <P>The cost of the recordkeeping requirement is composed of two separate components: recordkeeping for new models and recordkeeping for comparable models. The time consumed in recordkeeping for new models has been estimated at 20 hours per model. Thus, the total time consumed for recordkeeping of new models would be 260 hours (20 hours × 13 models). We estimate the hourly compensation for the time required for recordkeeping is $27.64 (U.S. Bureau of Labor Statistics, “Employer Costs for Employee Compensation,” June 2012, Table 9, total compensation for all sales and office workers in goods-producing, private industries:<E T="03">http://www.bls.gov/ncs</E>). The estimated annual cost of recordkeeping for new models is about $7,186 (260 hours × $27.64).</P>

        <P>In fiscal year 2012, 132 comparable models were submitted to the CPSC. While firms would bear no testing costs for the comparable models, the time for recordkeeping is estimated at 3 hours per model. Thus, an estimated 396 hours (132 models × 3 hours). We estimate the hourly compensation for the time required for record keeping is $27.64 (U.S. Bureau of Labor Statistics, “Employer Costs for Employee Compensation,” June 2012, Table 9, total compensation for all sales and office workers in goods-producing, private industries:<E T="03">http://www.bls.gov/ncs</E>). The estimated annual cost of recordkeeping for comparable models is about $10,945 (396 hours × $27.64). The estimated total recordkeeping costs for new models and comparable models would be approximately $18,131 ($7,186 + $10,945).</P>

        <P>Because the number of responses to the CPSC includes paperwork associated with the testing for new models, as well as comparable models, we expect that the total number of responses will be 145 per year (13 tested + 132 comparisons). The total number of hours consumed for these responses would be 1,826 hours per year, including new model tests (1,170 hours<PRTPAGE P="2664"/>if done in-house), new model recordkeeping (260 hours), and recordkeeping for comparable models (396 hours). The Commission estimates the total cost for firms to test, and prepare, maintain, and submit records to the CPSC in compliance with the lighter regulation would be in the range of $90,379 to $278,132, depending upon the test method chosen.</P>
        <P>The estimated total cost of this collection to the federal government is $344,618. This represents two full-time employees annually for compliance activities. This estimate uses an annual total compensation of $119,238 (the equivalent of a GS-14 Step 5 employee) with an additional 30.8 percent added for benefits (U.S. Bureau of Labor Statistics, “Employer Costs for Employee Compensation,” September 2012, Table 1, percentage of wages and salaries for all civilian management, professional, and related employees), for a total annual compensation per full-time employee of $172,309.</P>
        <HD SOURCE="HD1">C. Request for Comments</HD>
        <P>The Commission solicits written comments from all interested persons about the proposed collection of information. The Commission specifically solicits information relevant to the following topics:</P>
        <P>• Whether the collection of information described above is necessary for the proper performance of the Commission's functions, including whether the information would have practical utility;</P>
        <P>• Whether the estimated burden of the proposed collection of information is accurate;</P>
        <P>• Whether the quality, utility, and clarity of the information to be collected could be enhanced; and</P>
        <P>• Whether the burden imposed by the collection of information could be minimized by use of automated, electronic or other technological collection techniques, or other forms of information technology.</P>
        <SIG>
          <DATED>Dated: January 9, 2013.</DATED>
          <NAME>Todd A. Stevenson,</NAME>
          <TITLE>Secretary, Consumer Product Safety Commission.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00522 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6355-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF EDUCATION</AGENCY>
        <SUBJECT>Applications for New Awards; National Institute on Disability and Rehabilitation Research—Disability and Rehabilitation Research Projects and Centers Program—Minority-Serving Institution Field-Initiated Projects</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of Special Education and Rehabilitative Services, Department of Education.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <P>
          <E T="03">Overview Information:</E>National Institute on Disability and Rehabilitation Research (NIDRR)—Disability and Rehabilitation Research Projects and Centers Program—Minority-Serving Institution (MSI) Field-Initiated (FI) Projects.</P>
        <P>Notice inviting applications for new awards for fiscal year (FY) 2013.</P>
        <P>Catalog of Federal Domestic Assistance (CFDA) Numbers: 84.133G-4 (Research) and 84.133G-5 (Development).</P>
        <PREAMHD>
          <HD SOURCE="HED">DATES:</HD>
          <P SOURCE="NPAR">
            <E T="03">Applications Available:</E>January 14, 2013.</P>
          <P>
            <E T="03">Date of Pre-Application Meeting:</E>February 4, 2013.</P>
          <P>
            <E T="03">Deadline for Transmittal of Applications:</E>March 15, 2013.</P>
        </PREAMHD>
        <HD SOURCE="HD1">Full Text of Announcement</HD>
        <HD SOURCE="HD1">I. Funding Opportunity Description</HD>
        <P>
          <E T="03">Purpose of Program:</E>The purpose of the FI Projects program is to develop methods, procedures, and rehabilitation technology that maximize the full inclusion and integration into society, employment, independent living, family support, and economic and social self-sufficiency of individuals with disabilities, especially individuals with the most severe disabilities. Another purpose of the FI Projects program is to improve the effectiveness of services authorized under the Rehabilitation Act of 1973, as amended (Act).</P>
        <P>The purpose of this competition is to improve the capacity of minority entities to conduct high-quality disability and rehabilitation research by limiting eligibility for FI research and development grants to minority entities and Indian tribes. Section 21(b)(2)(A) of the Act authorizes NIDRR to make awards to minority entities and Indian tribes to carry out activities authorized under Title II of the Act.</P>
        <P>NIDRR makes two types of awards under the FI Projects program: Research grants and development grants. The MSI FI Projects research grants will be awarded under CFDA 84.133G-4, and the development grants will be awarded under CFDA 84.133G-5.</P>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>
          <P>Different selection criteria are used for FI Project research grants (84.133G-4) and development grants (84.133G-5). An applicant must clearly indicate in the application whether it is applying for a research grant (84.133G-4) or a development grant (84.133G-5) and must address the selection criteria relevant for its grant type. Without exception, NIDRR will review each application based on the grant designation made by the applicant. Applications will be determined ineligible and will not be reviewed if they do not include a clear designation as a research grant or a development grant.</P>
        </NOTE>
        <P>In carrying out a research activity under an FI Projects research grant, a grantee must identify one or more hypotheses and, based on the hypotheses identified, perform an intensive, systematic study directed toward (1) new or full scientific knowledge, or (2) understanding of the subject or problem studied.</P>
        <P>In carrying out a development activity under an FI Projects development grant, a grantee must use knowledge and understanding gained from research to create materials, devices, systems, or methods beneficial to the target population, including design and development of prototypes and processes. “Target population” means the group of individuals, organizations, or other entities expected to be affected by the project. More than one group may be involved since a project may affect those who receive services, provide services, or administer services.</P>
        <P>
          <E T="03">Section 21:</E>
        </P>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>

          <P>This program is in concert with NIDRR's currently approved long-range plan (the Plan). The Plan is comprehensive and integrates many issues relating to disability and rehabilitation research. The Plan, which was published in the<E T="04">Federal Register</E>on February 15, 2006 (71 FR 8165), can be accessed on the Internet at:<E T="03">www.ed.gov/about/offices/list/osers/nidrr/policy.html.</E>
          </P>
        </NOTE>
        <P>Through the implementation of the Plan, NIDRR seeks to (1) improve the quality and utility of disability and rehabilitation research; (2) foster an exchange of expertise, information, and training methods to facilitate the advancement of knowledge and understanding of the unique needs of individuals with disabilities from traditionally underserved populations; (3) determine the best strategies and programs to improve rehabilitation outcomes for individuals with disabilities from underserved populations; (4) identify research gaps; (5) identify mechanisms for integrating research and practice; and (6) disseminate findings.</P>
        <AUTH>
          <PRTPAGE P="2665"/>
          <HD SOURCE="HED">Program Authority:</HD>
          <P>29 U.S.C. 764 and 29 U.S.C. 718.</P>
        </AUTH>
        
        <P>
          <E T="03">Applicable Regulations:</E>(a) The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 80, 81, 82, 84, 86, and 97. (b) The Education Department suspension and debarment regulations in 2 CFR part 3485. (c) The regulations for this program in 34 CFR part 350.</P>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>
          <P>The regulations in 34 CFR part 86 apply to institutions of higher education only.</P>
        </NOTE>
        <HD SOURCE="HD1">II. Award Information</HD>
        <P>
          <E T="03">Type of Award:</E>Discretionary grants.</P>
        <P>
          <E T="03">Estimated Available Funds:</E>The Administration has requested $106,817,000 for NIDRR for FY 2013, of which we intend to use an estimated $200,000 for the MSI FI competition. The actual funding, if any, depends on final congressional action. However, we are inviting applications to allow enough time to complete the grant process if Congress appropriates funds for this program.</P>
        <P>Contingent upon the availability of funds and the quality of applications, we may make additional awards in FY 2014 from the list of unfunded applicants from this competition.</P>
        <P>
          <E T="03">Estimated Range of Awards:</E>$195,000-$200,000.</P>
        <P>
          <E T="03">Estimated Average Size of Awards:</E>$200,000.</P>
        <P>
          <E T="03">Maximum Award:</E>We will reject any application that proposes a budget exceeding $200,000 for a single budget period of 12 months. The Assistant Secretary for Special Education and Rehabilitative Services may change the maximum amount through a notice published in the<E T="04">Federal Register</E>.</P>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>
          <P>The maximum amount includes direct and indirect costs.</P>
        </NOTE>
        <P>
          <E T="03">Estimated Number of Awards:</E>1.</P>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>
          <P>The Department is not bound by any estimates in this notice.</P>
        </NOTE>
        <P>
          <E T="03">Maximum Project Period:</E>We will reject any application that proposes a project period exceeding 36 months. The Assistant Secretary for Special Education and Rehabilitative Services may change the maximum project period through a notice published in the<E T="04">Federal Register</E>.</P>
        <HD SOURCE="HD1">III. Eligibility Information</HD>
        <P>1.<E T="03">Eligible Applicants:</E>Parties eligible to apply for MSI FI Projects grants are limited to minority entities and Indian tribes as authorized by section 21(b)(2)(A) of the Act. A minority entity is defined as a historically black college or university (a part B institution, as defined in section 322(2) of the Higher Education Act of 1965, as amended), a Hispanic-serving institution of higher education, an American Indian tribal college or university, or another institution of higher education whose minority student enrollment is at least 50 percent.</P>
        <P>2.<E T="03">Cost Sharing or Matching:</E>Cost sharing is required by 34 CFR 350.62 and will be negotiated at the time of the grant award.</P>
        <HD SOURCE="HD1">IV. Application and Submission Information</HD>
        <P>1.<E T="03">Address to Request Application Package:</E>You can obtain an application package via the Internet or from the Education Publications Center (ED Pubs). To obtain a copy via the Internet, use the following address:<E T="03">www.ed.gov/fund/grant/apply/grantapps/index.html.</E>
        </P>
        <P>To obtain a copy from ED Pubs, write, fax, or call the following: ED Pubs, U.S. Department of Education, P.O. Box 22207, Alexandria, VA 22304. Telephone, toll free: 1-877-433-7827. FAX: (703) 605-6794. If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call, toll free: 1-877-576-7734.</P>
        <P>You can contact ED Pubs at its Web site, also:<E T="03">www.EDPubs.gov</E>or at its email address:<E T="03">edpubs@inet.ed.gov.</E>
        </P>
        <P>If you request an application from ED Pubs, be sure to identify this competition as follows: CFDA number 84.133G-4 or 84.133G-5.</P>

        <P>Individuals with disabilities can obtain a copy of the application package in an accessible format (e.g., braille, large print, audiotape, or compact disc) by contacting the person or team listed under<E T="03">Accessible Format</E>in section VIII of this notice.</P>
        <P>2.<E T="03">Content and Form of Application Submission:</E>Requirements concerning the content of an application, together with the forms you must submit, are in the application package for this competition.</P>
        <P>Page Limit: The application narrative (Part III of the application) is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. We recommend that you limit Part III to the equivalent of no more than 50 pages, using the following standards:</P>
        <P>• A “page” is 8.5″ x 11″, on one side only, with 1″ margins at the top, bottom, and both sides.</P>
        <P>• Double space (no more than three lines per vertical inch) all text in the application narrative, including titles, headings, footnotes, quotations, references, and captions, as well as all text in charts, tables, figures, and graphs.</P>
        <P>• Use a font that is either 12 point or larger or no smaller than 10 pitch (characters per inch).</P>
        <P>• Use one of the following fonts: Times New Roman, Courier, Courier New, or Arial.</P>
        <P>The recommended page limit does not apply to Part I, the cover sheet; Part II, the budget section, including the narrative budget justification; Part IV, the assurances and certifications; or the one-page abstract, the resumes, the bibliography, or the letters of support. However, the page limit does apply to all of the application narrative section.</P>
        <P>The application package will provide instructions for completing all components to be included in the application. Each application must include a cover sheet (Standard Form 424); budget requirements (ED Form 524) and narrative justification; other required forms; an abstract, Human Subjects narrative, and Part III narrative; resumes of staff; and other related materials, if applicable.</P>
        <P>Each applicant should consult NIDRR's Plan when preparing its application. The Plan is organized around the following research domains and arenas: (1) Community Living and Participation; (2) Health and Function; (3) Technology; (4) Employment; and (5) Demographics. An applicant should indicate, for each application, the domain or arena under which it is applying.</P>
        <P>3.<E T="03">Submission Dates and Times:</E>
        </P>
        <P>
          <E T="03">Applications Available:</E>January 14, 2013.</P>
        <P>
          <E T="03">Date of Pre-Application Meeting:</E>Interested parties are invited to participate in a pre-application meeting and to receive information and technical assistance through individual consultation with NIDRR staff. The pre-application meeting will be held on February 4, 2013. Interested parties may participate in this meeting by conference call with NIDRR staff from the Office of Special Education and Rehabilitative Services between 1:00 p.m. and 3:00 p.m., Washington, DC time. NIDRR staff also will be available from 3:30 p.m. to 4:30 p.m., Washington, DC time, on the same day, by telephone, to provide information and technical assistance through individual consultation. For further information or to make arrangements to participate in the meeting via conference call or for an individual consultation, contact either Lynn Medley or Marlene Spencer as follows:</P>

        <P>Lynn Medley, U.S. Department of Education, 400 Maryland Avenue SW., Potomac Center Plaza (PCP), room 5140, Washington, DC 20202-2700.<PRTPAGE P="2666"/>Telephone: (202) 245-7338 or by email:<E T="03">lynn.medley@ed.gov.</E>
        </P>

        <P>Marlene Spencer, U.S. Department of Education, 400 Maryland Avenue SW., PCP, room 5133, Washington, DC 20202-2700. Telephone: (202) 245-7532 or by email:<E T="03">marlene.spencer@ed.gov.</E>
        </P>
        <P>
          <E T="03">Deadline for Transmittal of Applications:</E>March 15, 2013.</P>

        <P>Applications for grants under this competition must be submitted electronically using the Grants.gov Apply site (Grants.gov). For information (including dates and times) about how to submit your application electronically, or in paper format by mail or hand delivery if you qualify for an exception to the electronic submission requirement, please refer to section IV.7.<E T="03">Other Submission Requirements</E>of this notice.</P>
        <P>We do not consider an application that does not comply with the deadline requirements.</P>

        <P>Individuals with disabilities who need an accommodation or auxiliary aid in connection with the application process should contact the person listed under<E T="02">FOR FURTHER INFORMATION CONTACT</E>in section VII of this notice. If the Department provides an accommodation or auxiliary aid to an individual with a disability in connection with the application process, the individual's application remains subject to all other requirements and limitations in this notice.</P>
        <P>4.<E T="03">Intergovernmental Review:</E>This program is not subject to Executive Order 12372 and the regulations in 34 CFR part 79.</P>
        <P>5.<E T="03">Funding Restrictions:</E>We reference regulations outlining funding restrictions in the<E T="03">Applicable Regulations</E>section of this notice.</P>
        <P>6.<E T="03">Data Universal Numbering System Number, Taxpayer Identification Number, and Central Contractor Registry:</E>To do business with the Department of Education, you must—</P>
        <P>a. Have a Data Universal Numbering System (DUNS) number and a Taxpayer Identification Number (TIN);</P>
        <P>b. Register both your DUNS number and TIN with the Central Contractor Registry (CCR)—and, after July 24, 2012, with the System for Award Management (SAM), the Government's primary registrant database;</P>
        <P>c. Provide your DUNS number and TIN on your application; and</P>
        <P>d. Maintain an active CCR or SAM registration with current information while your application is under review by the Department and, if you are awarded a grant, during the project period.</P>
        <P>You can obtain a DUNS number from Dun and Bradstreet. A DUNS number can be created within one business day.</P>
        <P>If you are a corporate entity, agency, institution, or organization, you can obtain a TIN from the Internal Revenue Service. If you are an individual, you can obtain a TIN from the Internal Revenue Service or the Social Security Administration. If you need a new TIN, please allow 2-5 weeks for your TIN to become active.</P>
        <P>The CCR or SAM registration process may take five or more business days to complete. If you are currently registered with the CCR, you may not need to make any changes. However, please make certain that the TIN associated with your DUNS number is correct. Also note that you will need to update your registration annually. This may take three or more business days to complete. Information about SAM is available at SAM.gov.</P>

        <P>In addition, if you are submitting your application via Grants.gov, you must (1) be designated by your organization as an Authorized Organization Representative (AOR); and (2) register yourself with Grants.gov as an AOR. Details on these steps are outlined at the following Grants.gov Web page:<E T="03">www.grants.gov/aapplicants/get_registered.jsp.</E>
        </P>
        <P>7.<E T="03">Other Submission Requirements:</E>Applications for grants under this competition must be submitted electronically unless you qualify for an exception to this requirement in accordance with the instructions in this section.</P>
        <P>a.<E T="03">Electronic Submission of Applications.</E>
        </P>

        <P>Applications for grants under the MSI FI Projects program, CFDA Number 84.133G-4 (Research) or 84.133G-5 (Development), must be submitted electronically using the Governmentwide Grants.gov Apply site at<E T="03">www.Grants.gov.</E>Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not email an electronic copy of a grant application to us.</P>

        <P>We will reject your application if you submit it in paper format unless, as described elsewhere in this section, you qualify for one of the exceptions to the electronic submission requirement and submit, no later than two weeks before the application deadline date, a written statement to the Department that you qualify for one of these exceptions. Further information regarding calculation of the date that is two weeks before the application deadline date is provided later in this section under<E T="03">Exception to Electronic Submission Requirement.</E>
        </P>
        <P>You may access the electronic grant application for the MSI FI Projects program—CFDA Number 84.133G-4 (Research) or 84.133G-5 (Development)—at www.Grants.gov. You must search for the downloadable application package for this competition by the CFDA number. Do not include the CFDA number's alpha suffix in your search (e.g., search for 84.133, not 84.133G).</P>
        <P>Please note the following:</P>
        <P>• When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation.</P>
        <P>• Applications received by Grants.gov are date and time stamped. Your application must be fully uploaded and submitted and must be date and time stamped by the Grants.gov system no later than 4:30:00 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not accept your application if it is received—that is, date and time stamped by the Grants.gov system—after 4:30:00 p.m., Washington, DC time, on the application deadline date. We do not consider an application that does not comply with the deadline requirements. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date and time stamped by the Grants.gov system after 4:30:00 p.m., Washington, DC time, on the application deadline date.</P>
        <P>• The amount of time it can take to upload an application will vary depending on a variety of factors, including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through Grants.gov.</P>

        <P>• You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for this competition to ensure that you submit your application in a timely manner to the Grants.gov system. You can also find the Education Submission Procedures pertaining to Grants.gov under News and Events on the Department's G5 system home page at<E T="03">www.G5.gov.</E>
        </P>

        <P>• You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you qualify for an exception to the electronic submission requirement, as described<PRTPAGE P="2667"/>elsewhere in this section, and submit your application in paper format.</P>
        <P>• You must submit all documents electronically, including all information you typically provide on the following forms: The Application for Federal Assistance (SF 424), the Department of Education Supplemental Information for SF 424, Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications.</P>
        <P>• You must upload any narrative sections and all other attachments to your application as files in a PDF (Portable Document) read-only, non-modifiable format. Do not upload an interactive or fillable PDF file. If you upload a file type other than a read-only, non-modifiable PDF or submit a password-protected file, we will not review that material.</P>
        <P>• Your electronic application must comply with any page-limit requirements described in this notice.</P>
        <P>• After you electronically submit your application, you will receive from Grants.gov an automatic notification of receipt that contains a Grants.gov tracking number. (This notification indicates receipt by Grants.gov only, not receipt by the Department.) The Department then will retrieve your application from Grants.gov and send a second notification to you by email. This second notification indicates that the Department has received your application and has assigned your application a PR/Award number (a Department-specified identifying number unique to your application).</P>
        <P>• We may request that you provide us original signatures on forms at a later date.</P>
        <P>
          <E T="03">Application Deadline Date Extension in Case of Technical Issues with the Grants.gov System:</E>If you are experiencing problems submitting your application through Grants.gov, please contact the Grants.gov Support Desk, toll free, at 1-800-518-4726. You must obtain a Grants.gov Support Desk Case Number and must keep a record of it.</P>
        <P>If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the Grants.gov system, we will grant you an extension until 4:30:00 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically or by hand delivery. You also may mail your application by following the mailing instructions described elsewhere in this notice.</P>

        <P>If you submit an application after 4:30:00 p.m., Washington, DC time, on the application deadline date, please contact the person listed under<E T="03">For Further Information Contact</E>in section VII of this notice and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number. We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that that problem affected your ability to submit your application by 4:30:00 p.m., Washington, DC time, on the application deadline date. The Department will contact you after a determination is made on whether your application will be accepted.</P>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>
          <P>The extensions to which we refer in this section apply only to the unavailability of, or technical problems with, the Grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to Grants.gov before the application deadline date and time or if the technical problem you experienced is unrelated to the Grants.gov system.</P>
        </NOTE>
        <P>
          <E T="03">Exception to Electronic Submission Requirement:</E>You qualify for an exception to the electronic submission requirement, and may submit your application in paper format, if you are unable to submit an application through the Grants.gov system because—</P>
        <P>• You do not have access to the Internet; or</P>
        <P>• You do not have the capacity to upload large documents to the Grants.gov system; and</P>
        <P>• No later than two weeks before the application deadline date (14 calendar days or, if the fourteenth calendar day before the application deadline date falls on a Federal holiday, the next business day following the Federal holiday), you mail or fax a written statement to the Department, explaining which of the two grounds for an exception prevents you from using the Internet to submit your application.</P>
        <P>If you mail your written statement to the Department, it must be postmarked no later than two weeks before the application deadline date. If you fax your written statement to the Department, we must receive the faxed statement no later than two weeks before the application deadline date.</P>
        <P>Address and mail or fax your statement to: Lynn Medley, U.S. Department of Education, 400 Maryland Avenue SW., room 5140, PCP, Washington, DC 20202-2700. FAX: (202) 245-7323.</P>
        <P>Your paper application must be submitted in accordance with the mail or hand delivery instructions described in this notice.</P>
        <P>b.<E T="03">Submission of Paper Applications by Mail.</E>
        </P>
        <P>If you qualify for an exception to the electronic submission requirement, you may mail (through the U.S. Postal Service or a commercial carrier) your application to the Department. You must mail the original and two copies of your application, on or before the application deadline date, to the Department at the following address:</P>
        
        <FP SOURCE="FP-1">U.S. Department of Education, Application Control Center, Attention: Applicants must identify either CFDA Number 84.133G-4 (Research) or 84.133G-5 (Development) depending on the designation of their proposed project. LBJ Basement Level 1, 400 Maryland Avenue SW., Washington, DC 20202-4260.</FP>
        
        <P>You must show proof of mailing consisting of one of the following:</P>
        <P>(1) A legibly dated U.S. Postal Service postmark.</P>
        <P>(2) A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.</P>
        <P>(3) A dated shipping label, invoice, or receipt from a commercial carrier.</P>
        <P>(4) Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education.</P>
        <P>If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:</P>
        <P>(1) A private metered postmark.</P>
        <P>(2) A mail receipt that is not dated by the U.S. Postal Service.</P>
        <P>If your application is postmarked after the application deadline date, we will not consider your application.</P>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>
          <P>The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office.</P>
        </NOTE>
        <P>c.<E T="03">Submission of Paper Applications by Hand Delivery.</E>
        </P>
        <P>If you qualify for an exception to the electronic submission requirement, you (or a courier service) may deliver your paper application to the Department by hand. You must deliver the original and two copies of your application by hand, on or before the application deadline date, to the Department at the following address:</P>
        
        <P>U.S. Department of Education, Application Control Center, Attention: Applicants must identify either CFDA Number 84.133G-4 (Research) or 84.133G-5 (Development) depending on the designation of their proposed project. 550 12th Street SW., Room 7041, Potomac Center Plaza, Washington, DC 20202-4260.</P>
        

        <P>The Application Control Center accepts hand deliveries daily between<PRTPAGE P="2668"/>8:00 a.m. and 4:30:00 p.m., Washington, DC time, except Saturdays, Sundays, and Federal holidays.</P>
        <NOTE>
          <HD SOURCE="HED">Note for Mail or Hand Delivery of Paper Applications:</HD>
          <P>If you mail or hand deliver your application to the Department—</P>
          <P>(1) You must indicate on the envelope and—if not provided by the Department—in Item 11 of the SF 424 the CFDA number, including suffix letter, if any, of the competition under which you are submitting your application; and</P>
          <P>(2) The Application Control Center will mail to you a notification of receipt of your grant application. If you do not receive this notification within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at (202) 245-6288.</P>
        </NOTE>
        <HD SOURCE="HD1">V. Application Review Information</HD>
        <P>1.<E T="03">Selection Criteria:</E>The selection criteria for this competition are from 34 CFR 350.54 and 350.55 and are listed in the application package.</P>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>
          <P>There are two different sets of selection criteria for FI projects: One set to evaluate applications proposing to carry out research activities (CFDA 84.133G-4), and a second set to evaluate applications proposing to carry out development activities (CFDA 84.133G-5). Each applicant will be evaluated using the selection criteria for the type of project the applicant designates in its application.</P>
        </NOTE>
        <P>2.<E T="03">Review and Selection Process:</E>We remind potential applicants that in reviewing applications in any discretionary grant competition, the Secretary may consider, under 34 CFR 75.217(d)(3), the past performance of the applicant in carrying out a previous award, such as the applicant's use of funds, achievement of project objectives, and compliance with grant conditions. The Secretary may also consider whether the applicant failed to submit a timely performance report or submitted a report of unacceptable quality.</P>
        <P>In addition, in making a competitive grant award, the Secretary also requires various assurances including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial assistance from the Department of Education (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).</P>
        <P>Additional factors we consider in selecting an application for an award are as follows:</P>
        <P>The Secretary is interested in outcomes-oriented research or development projects that use rigorous scientific methodologies. To address this interest, applicants are encouraged to articulate goals, objectives, and expected outcomes for the proposed research or development activities. Proposals should describe how results and planned outputs are expected to contribute to advances in knowledge, improvements in policy and practice, and public benefits for individuals with disabilities. Applicants should propose projects that are designed to be consistent with these goals. We encourage applicants to include in their application a description of how results will measure progress towards achievement of anticipated outcomes (including a discussion of measures of effectiveness), the mechanisms that will be used to evaluate outcomes associated with specific problems or issues, and how the proposed activities will support new intervention approaches and strategies. Submission of the information identified in this section is voluntary, except where required by the selection criteria listed in the application package.</P>
        <P>3.<E T="03">Special Conditions:</E>Under 34 CFR 74.14 and 80.12, the Secretary may impose special conditions on a grant if the applicant or grantee is not financially stable; has a history of unsatisfactory performance; has a financial or other management system that does not meet the standards in 34 CFR parts 74 or 80, as applicable; has not fulfilled the conditions of a prior grant; or is otherwise not responsible.</P>
        <HD SOURCE="HD1">VI. Award Administration Information</HD>
        <P>1.<E T="03">Award Notices:</E>If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notification (GAN). We may notify you informally, also.</P>
        <P>If your application is not evaluated or not selected for funding, we notify you.</P>
        <P>2.<E T="03">Administrative and National Policy Requirements:</E>We identify administrative and national policy requirements in the application package and reference these and other requirements in the<E T="03">Applicable Regulations</E>section of this notice.</P>

        <P>We reference the regulations outlining the terms and conditions of an award in the<E T="03">Applicable Regulations</E>section of this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant.</P>
        <P>3.<E T="03">Reporting:</E>(a) If you apply for a grant under this competition, you must ensure that you have in place the necessary processes and systems to comply with the reporting requirements in 2 CFR part 170 should you receive funding under the competition. This does not apply if you have an exception under 2 CFR 170.110(b).</P>

        <P>(b) At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information as directed by the Secretary under 34 CFR 75.118. The Secretary may also require more frequent performance reports under 34 CFR 75.720(c). For specific requirements on reporting, please go to<E T="03">www.ed.gov/fund/grant/apply/appforms/appforms.html.</E>
        </P>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>
          <P>NIDRR will provide information by letter to grantees on how and when to submit the performance report.</P>
        </NOTE>
        <P>4.<E T="03">Performance Measures:</E>NIDRR assesses the quality of its funded projects through review of grantee performance and products. Each year, NIDRR examines a portion of its grantees to determine:</P>
        <P>• The number of products (e.g., new or improved tools, methods, discoveries, standards, interventions, programs, or devices) developed or tested with NIDRR funding that have been judged by expert panels to be of high quality and to advance the field.</P>
        <P>• The average number of publications per award based on NIDRR-funded research and development activities in refereed journals.</P>
        <P>• The percentage of new grants that assess the effectiveness of interventions, programs, and devices using rigorous and appropriate methods.</P>
        <P>Each grantee must annually report on its performance through NIDRR's Annual Performance Report (APR) form. NIDRR uses APR information submitted by grantees to assess progress on these measures.</P>
        <P>5.<E T="03">Continuation Awards:</E>In making a continuation award, the Secretary may consider, under 34 CFR 75.253, the extent to which a grantee has made “substantial progress toward meeting the objectives in its approved application.” This consideration includes the review of a grantee's progress in meeting the targets and projected outcomes in its approved application, and whether the grantee has expended funds in a manner that is consistent with its approved application and budget. In making a continuation grant, the Secretary also considers whether the grantee is operating in compliance with the assurances in its approved application, including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial<PRTPAGE P="2669"/>assistance from the Department (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).</P>
        <HD SOURCE="HD1">VII. Agency Contacts</HD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Lynn Medley or Marlene Spencer as follows:</P>

          <FP SOURCE="FP-1">Lynn Medley, U.S. Department of Education, 400 Maryland Avenue SW., room 5140, PCP, Washington, DC 20202-2700. Telephone: (202) 245-7338 or by email:<E T="03">lynn.medley@ed.gov.</E>
          </FP>

          <FP SOURCE="FP-1">Marlene Spencer, U.S. Department of Education, 400 Maryland Avenue SW., room 5133, PCP, Washington, DC 20202-2700. Telephone: (202) 245-7532 or by email:<E T="03">marlene.spencer@ed.gov.</E>
          </FP>
          <P>If you use a TDD or TTY, call the Federal Relay Service (FRS), toll free, at 1-800-877-8339.</P>
          <HD SOURCE="HD1">VIII. Other Information</HD>
          <P>
            <E T="03">Accessible Format:</E>Individuals with disabilities can obtain this document and a copy of the application package in an accessible format (e.g., braille, large print, audiotape, or compact disc) by contacting the Grants and Contracts Services Team, U.S. Department of Education, 400 Maryland Avenue SW., room 5075, PCP, Washington, DC 20202-2550. Telephone: (202) 245-7363. If you use a TDD or a TTY, call the FRS, toll free, at 1-800-877-8339.</P>
          <P>
            <E T="03">Electronic Access to This Document:</E>The official version of this document is the document published in the<E T="04">Federal Register</E>. Free Internet access to the official edition of the<E T="04">Federal Register</E>and the Code of Federal Regulations is available via the Federal Digital System at:<E T="03">www.gpo.gov/fdsys.</E>At this site you can view this document, as well as all other documents of this Department published in the<E T="04">Federal Register</E>, in text or Adobe Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site.</P>

          <P>You may also access documents of the Department published in the<E T="04">Federal Register</E>by using the article search feature at:<E T="03">www.federalregister.gov.</E>Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.</P>
          <SIG>
            <DATED>Dated: January 9, 2013.</DATED>
            <NAME>Michael Yudin,</NAME>
            <TITLE>Acting Assistant Secretary for Special Education and Rehabilitative Services.</TITLE>
          </SIG>
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00569 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4000-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
        <DEPDOC>[EPA-HQ-OECA-2012-0957; FRL-9769-8]</DEPDOC>
        <SUBJECT>Waste Import and Export; Inquiry To Learn Whether Businesses Assert Business Confidentiality Claims</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Environmental Protection Agency (EPA).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice; request for comment.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Environmental Protection Agency (EPA) receives from time to time Freedom of Information Act (FOIA) requests for documentation received or issued by EPA or data contained in EPA database systems pertaining to the export and import of Resource Conservation and Recovery Act (RCRA) hazardous waste from/to the United States, the export of cathode ray tubes (CRTs) and spent lead acid batteries (SLABs) from the United States, and the export and import of RCRA universal waste from/to the United States. These documents and data may identify or reference multiple parties, and describe transactions involving the movement of specified materials in which the parties propose to participate or have participated. The purpose of this notice is to inform “affected businesses” about the documents or data sought by these types of FOIA requests in order to provide the businesses with the opportunity to assert claims that any of the information sought that pertains to them is entitled to treatment as confidential business information (CBI), and to send comments to EPA supporting their claims for such treatment. Certain businesses, however, do not meet the definition of “affected business,” and are not covered by today's notice. They consist of any business that actually submitted to EPA any document at issue pursuant to applicable RCRA regulatory requirements and did not assert a CBI claim as to information that pertains to that business in connection with the document at the time of its submission; they have waived their right to do so at a later time. Nevertheless, other businesses identified or referenced in the documents that were submitted to EPA by the submitting business may have a right to assert a CBI claim concerning information that pertains to them and may do so in response to this notice.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments must be received on or before February 13, 2013. The period for submission of comments may be extended if, before the comments are due, you make a request for an extension of the comment period and it is approved by the EPA legal office. Except in extraordinary circumstances, the EPA legal office will not approve such an extension without the consent of any person whose request for release of the information under the FOIA is pending.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Submit your comments, identified by Docket ID No. EPA-HQ-OECA-2012-0957, by one of the following methods:</P>
          <P>•<E T="03">http://www.regulations.gov:</E>Follow the on-line instructions for submitting comments.</P>
          <P>•<E T="03">Email: kreisler.eva@epa.gov</E>.</P>
          <P>•<E T="03">Address:</E>Eva Kreisler, International Compliance Assurance Division, Office of Federal Activities, Office of Enforcement and Compliance Assurance, Environmental Protection Agency, Mailcode: 2254A, 1200 Pennsylvania Ave. NW., Washington, DC 20460.</P>
          <P>
            <E T="03">Instructions:</E>Direct your comments to Docket ID No. EPA-HQ-OECA-2012-0957. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at<E T="03">http://www.regulations.gov,</E>including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through<E T="03">http://www.regulations.gov</E>or email. Instructions about how to submit comments claimed as CBI are given later in this notice.</P>
          <P>The<E T="03">http://www.regulations.gov</E>Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through<E T="03">http://www.regulations.gov,</E>your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment. Please include your name and other contact information with any disk or CD-ROM you submit by mail. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or<PRTPAGE P="2670"/>viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at<E T="03">http://www.epa.gov/epahome/dockets.htm</E>.</P>
          <P>
            <E T="03">Docket:</E>All documents in the docket are listed in the<E T="03">http://www.regulations.gov</E>index.</P>

          <P>Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in<E T="03">http://www.regulations.gov</E>or in hard copy at the HQ EPA Docket Center, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the docket for this notice is (202) 566-1752.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Eva Kreisler, International Compliance Assurance Division, Office of Federal Activities, Office of Enforcement and Compliance Assurance, Environmental Protection Agency, Mailcode: 2254A, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202) 564-8186; email address:<E T="03">kreisler.eva@epa.gov</E>.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>Today's notice relates to any documents or data in the following areas: (1) Export of Resource Conservation and Recovery Act (RCRA) hazardous waste, during calendar year 2012 or before, under 40 CFR part 262, subparts E and H; (2) import of RCRA hazardous waste, during calendar year 2012 or before, under 40 CFR part 262, subparts F and H; (3) transit of RCRA hazardous waste, during calendar year 2012 or before, under 40 CFR part 262, subpart H, through the United States and foreign countries; (4) export of cathode ray tubes, during calendar year 2012 or before, under 40 CFR part 261, subpart E; (5) exports of non-crushed spent lead acid batteries with intact casings, during calendar year 2012 or before, under 40 CFR part 266 subpart G; (6) export and import of RCRA universal waste, during calendar year 2012 or before, under 40 CFR part 273, subparts B, C, D, and F; (7) submissions from transporters, during calendar year 2012 or before, under 40 CFR part 263, or from treatment, storage or disposal facilities under 40 CFR parts 264 and 265, related to exports or imports of hazardous waste which occurred during calendar year 2012 or before, including receiving facility notices under 40 CFR 264.12(a)(1) and 265.12(a)(1) and import consent documentation under 40 CFR 264.71(a)3) and 265.71(a)(3).</P>
        <HD SOURCE="HD1">I. General Information</HD>

        <P>EPA has previously published notices similar to this one in the<E T="04">Federal Register</E>, the latest one being at 77 FR 25475, April 30, 2012 that address issues similar to those raised by today's notice. The Agency did not receive any comments on the previous notices. Since the publication of the April 30, 2012 notice, the Agency has continued to receive FOIA requests for documents and data contained in EPA's database related to hazardous waste exports and imports.</P>
        <HD SOURCE="HD1">II. Issues Covered by This Notice</HD>
        <P>Specifically, EPA receives FOIA requests from time to time for documentation or data related to hazardous waste exports and imports that may identify or reference multiple parties, and that describe transactions involving the movement of specified materials in which the parties propose to participate or have participated. This notice informs “affected businesses,”<SU>1</SU>
          <FTREF/>which could include, among others, “transporters”<SU>2</SU>
          <FTREF/>and “consignees,”<SU>3</SU>
          <FTREF/>of the requests for information in EPA database systems and/or contained in one or more of the following documents: (1) Documents related to the export of Resource Conservation and Recovery Act (RCRA) hazardous waste, during calendar year 2012 or before, under 40 CFR part 262, subparts E and H, including but not limited to the “notification of intent to export,”<SU>4</SU>
          <FTREF/>“manifests,”<SU>5</SU>
          <FTREF/>“annual reports,”<SU>6</SU>
          <FTREF/>“EPA acknowledgements of consent,<SU>7</SU>
          <FTREF/>”  “any subsequent communication withdrawing a prior consent or objection,”<SU>8</SU>
          <FTREF/>“responses that neither consent nor object,” “exception reports,”<SU>9</SU>
          <FTREF/>“transit notifications,”<SU>10</SU>
          <FTREF/>and “renotifications;”<SU>11</SU>
          <FTREF/>(2) documents related to the import of hazardous waste, during calendar year 2012 or before, under 40 CFR part 262, subparts F and H, including but not limited to notifications of intent to import hazardous waste into the U.S. from foreign countries; (3) documents related to the transit of hazardous waste, during calendar year 2012 or before, under 40 CFR part 262, subpart H, including notifications from U.S. exporters of intent to transit through foreign countries, or notifications from foreign countries of intent to transit through the U.S.; (4) documents related to the export of cathode ray tubes (CRTs), during calendar year 2012 or before, under 40 CFR part 261, subpart E, including but not limited to notifications of intent to export CRTs; (5) documents related to the export of non-crushed spent lead acid batteries (SLABs) with intact casings, during calendar year 2012 or before, under 40 CFR part 266 subpart G, including but not limited to notifications of intent to export SLABs; (6) submissions from transporters under 40 CFR part 263, or from treatment, storage or disposal facilities under 40 CFR parts 264 and 265, related to exports or imports of hazardous waste which occurred during calendar year 2012 or before, including receiving facility notices under 40 CFR 264.12(a)(1) and 265.12(a)(1) and import consent documentation under 40 CFR 264.71(a)(3) and 265.71(a)(3), and (7) documents related to the export and import of RCRA “universal waste”<SU>12</SU>
          <FTREF/>under 40 CFR part 273, subparts B, C, D, and F.</P>
        <FTNT>
          <P>
            <SU>1</SU>The term “affected business” is defined at 40 CFR 2.201(d), and is set forth in this notice, below.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>2</SU>The term “transporter” is defined at 40 CFR 260.10.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>3</SU>The term “consignee” is defined, for different purposes, at 40 CFR 262.51 and 262.81(c).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>4</SU>The term “notification of intent to export” is described at 40 CFR 262.53.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>5</SU>The term “manifest” is defined at 40 CFR 260.10.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>6</SU>The term “annual reports” is described at 40 CFR 262.56.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>7</SU>The term “EPA acknowledgement of consent” is defined at 40 CFR 262.51.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>8</SU>The requirement to forward to the exporter “any subsequent communication withdrawing a prior consent or objection” is found at 42 U.S.C. § 6938(e)</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>9</SU>The term “exception reports” is described at 40 CFR 262.55.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>10</SU>The term “transit notifications” is described at 40 CFR 262.53(e).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>11</SU>The term “renotifications” is described at 40 CFR 262.53(c).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>12</SU>The term “universal waste” is defined at 40 CFR 273.9.</P>
        </FTNT>

        <P>Certain businesses, however, do not meet the definition of“affected business,” and are not covered by today's notice. Theyconsist of any business that actually submitted information responsive to a FOIA request, under the authority of 40 CFR parts 260 through 266 and 268, and did not assert a claim of business confidentiality covering any of that information at the time of submission. As set forth in the RCRA regulations at 40 CFR 260.2(b), “if no such [business confidentiality] claim accompanies the information when it is received by EPA, it may be made available to the public without further notice to the person submitting it.” Thus, for purposes of<PRTPAGE P="2671"/>this notice and as a general matter under 40 CFR 260.2(b), a business that submitted to EPA the documents at issue, pursuant to applicable regulatory requirements, and that failed to assert a claim as to information that pertains to it at the time of submission, cannotlater make a business confidentiality claim.<SU>13</SU>
          <FTREF/>Nevertheless, other businesses identified or referenced in the same documents that were submitted to EPA by the submitting business may have a right to assert a CBI claim concerning information that pertains to them and may do so in response to this notice.</P>
        <FTNT>
          <P>
            <SU>13</SU>However, businesses having submitted information to EPA relating tothe export and import of RCRA universal waste are not subject to 40 CFR 260.2(b) since they submitted information in accordance with 40 CFR part 273, and not parts 260 through 266 and 268, as set forth in 40 CFR 260.2(b). They are therefore affected businesses that could make a claim of CBI at the time of submission or in response to this notice.</P>
        </FTNT>
        <P>In addition, EPA may develop its own documents and organize into its database systems information that was originally contained in documents from submitting businesses relating to exports and imports of hazardous waste. If a submitting business fails to assert a CBI claim for the documents it submits to EPA at the time of submission, not only does it waive its right to claim CBI for those documents, but it also waives its right to claim CBI for information in EPA's documents or databases that is based on or derived from the documents that were originally submitted by that business.<SU>14</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>14</SU>With the exception, noted above, of the submission of informationrelating to the export and import of RCRA universal waste.</P>
        </FTNT>
        <P>In accordance with 40 CFR 2.204(c) and (e), this notice inquireswhether any affected business asserts a claim that any of the requestedinformation constitutes CBI, and affords such business an opportunityto comment to EPA on the issue. This notice also informs affectedbusinesses that, if a claim is made, EPA would determine under 40 CFRpart 2, subpart B, whether any of the requested information is entitledto business confidential treatment.</P>
        <HD SOURCE="HD2">1. Affected Businesses</HD>
        <P>EPA's FOIA regulations at 40 CFR 2.204(c)(1) require an EPA officethat is responsible for responding to a FOIA request for the release ofbusiness information (“EPA office”) “to determine which businesses,if any, are affected businesses * * *.” “Affected business” isdefined at 40 CFR 2.201(d) as, “* * * with reference to an item ofbusiness information, a business which has asserted (and not waived orwithdrawn) a business confidentiality claim covering the information,or a business which could be expected to make such a claim if it wereaware that disclosure of the information to the public was proposed.”</P>
        <HD SOURCE="HD2">2. The Purposes of This Notice</HD>
        <P>This notice encompasses two distinct steps in the process ofcommunication with affected businesses prior to EPA's making a finaldetermination concerning the business confidentiality of the information at issue: The preliminary inquiry and the notice of opportunity to comment.</P>
        <HD SOURCE="HD3">a. Inquiry To Learn Whether Affected Businesses (Other Than ThoseBusinesses That Previously Asserted a CBI Claim) Assert Claims CoveringAny of the Requested Information</HD>
        <P>Section 2.204(c)(2)(i) provides, in relevant part:</P>
        <P>If the examination conducted under paragraph (c)(1) of this sectiondiscloses the existence of any business which, although it has notasserted a claim, might be expected to assert a claim if it knew EPAproposed to disclose the information, the EPA office shall contact aresponsible official of each such business to learn whether thebusiness asserts a claim covering the information.</P>
        <HD SOURCE="HD3">b. Notice of Opportunity To Submit Comments</HD>
        <P>Sections 2.204(d)(1)(i) and 2.204(e)(1) of Title 40 of the Code of Federal Regulations require that written notice be provided to businesses that have made claims of business confidentiality for any of the information at issue, stating that EPA is determining under 40 CFR part 2, subpart B, whether the information is entitled to business confidential treatment, and affording each business an opportunity to comment as to the reasons why it believes that the information deserves business confidential treatment.</P>
        <HD SOURCE="HD2">3. The Use of Publication in the<E T="7462">Federal Register</E>
        </HD>

        <P>Section 2.204(e)(1) of Title 40 of the Code of Federal Regulations requires that this type of notice be furnished by certified mail (return receipt requested), by personal delivery, or by othermeans which allows verification of the fact and date of receipt. EPA,however, has determined that in the present circumstances the use of a<E T="04">Federal Register</E>notice is a practical and efficient way tocontact affected businesses and to furnish the notice of opportunity tosubmit comments. The Agency's decision to follow this course wasmade in recognition of the administrative difficulty and impracticality of directly contacting potentially thousands of individual businesses.</P>
        <HD SOURCE="HD2">4. Submission of Your Response in the English Language</HD>
        <P>All responses to this notice must be in the English language.</P>
        <HD SOURCE="HD2">5. The Effect of Failure To Respond to This Notice</HD>
        <P>In accordance with 40 CFR 2.204(e)(1) and 2.205(d)(1), EPA willconstrue your failure to furnish timely comments in response to thisnotice as a waiver of your business's claim(s) of business confidentiality for any information in the types of documents identified in this notice.</P>
        <HD SOURCE="HD2">6. What To Include in Your Comments</HD>
        <P>If you believe that any of the information contained in the types of documents which are described in this notice and which arecurrently, or may become, subject to FOIA requests, is entitled tobusiness confidential treatment, please specify which portions of theinformation you consider business confidential. Information not specifically identified as subject to a business confidentiality claim may be disclosed to the requestor without further notice to you.</P>
        <P>For each item or class of information that you identify as beingsubject to your claim, please answer the following questions, giving asmuch detail as possible:</P>
        <P>1. For what period of time do you request that the information bemaintained as business confidential, e.g., until a certain date, until the occurrence of a specified event, or permanently? If the occurrence of a specific event will eliminate the need for business confidentiality, please specify that event.</P>
        <P>2. Information submitted to EPA becomes stale over time. Why shouldthe information you claim as business confidential be protected for the time period specified in your answer to question no. 1?</P>
        <P>3. What measures have you taken to protect the information claimedas business confidential? Have you disclosed the information to anyone other than a governmental body or someone who is bound by an agreement not to disclose the information further? If so, why should the information still be considered business confidential?</P>

        <P>4. Is the information contained in any publicly available materialsuch as the Internet, publicly available data bases, promotionalpublications, annual reports, or articles? Is there any means by whicha member of the public could<PRTPAGE P="2672"/>obtain access to the information? Is theinformation of a kind that you would customarily not release to the public?</P>
        <P>5. Has any governmental body made a determination as to thebusiness confidentiality of the information? If so, please attach a copy of the determination.</P>
        <P>6. For each category of information claimed as business confidential, explain with specificity why and how release of the information is likely to cause substantial harm to your competitive position. Explain the specific nature of those harmful effects, why they should be viewed as substantial, and the causal relationship between disclosure and such harmful effects. How could your competitors make use of this information to your detriment?</P>
        <P>7. Do you assert that the information is submitted on a voluntaryor a mandatory basis? Please explain the reason for your assertion. Ifthe business asserts that the information is voluntarily submittedinformation, please explain whether and why disclosure of the information would tend to lessen the availability to EPA of similar information in the future.</P>
        <P>8. Any other issue you deem relevant.</P>
        <P>Please note that you bear the burden of substantiating yourbusiness confidentiality claim. Conclusory allegations will be given little or no weight in the determination. If you wish to claim any of the information in your response as business confidential, you must mark the response “BUSINESS CONFIDENTIAL” or with a similar designation, and must bracket all text so claimed. Information so designated will be disclosed by EPA only to the extent allowed by, and by means of, the procedures set forth in, 40 CFR part 2, subpart B. If you fail to claim the information as business confidential, it may be made available to the requestor without further notice to you.</P>
        <HD SOURCE="HD1">III. What should I consider as I prepare my comments for EPA?</HD>

        <P>1. Submitting CBI. Do not submit this information to EPA through<E T="03">http://www.regulations.gov</E>or email. Please submit this information by mail to the address identified in the ADDRESSES section of today's notice for inclusion in the non-public CBI docket. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. Information so marked will not be disclosed except in accordance with the procedures set forth in 40 CFR part 2, subpart B. In addition to the submission of one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket.</P>
        <P>2. Tips for Preparing Your Comments. When submitting comments,remember to:</P>

        <P>• Identify the notice by docket number and other identifyinginformation (subject heading,<E T="04">Federal Register</E>date and page number).</P>
        <P>• Explain your views as clearly as possible, avoiding theuse of profanity or personal threats.</P>
        <P>• Describe any assumptions and provide any technicalinformation and/or data that you used.</P>
        <P>• Provide specific examples to illustrate your concerns, andsuggest alternatives.</P>
        <P>• Make sure to submit your comments by the comment perioddeadline identified.</P>
        <SIG>
          <DATED>Dated: January 7, 2013.</DATED>
          <NAME>Susan E. Bromm,</NAME>
          <TITLE>Director, Office of Federal Activities.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00575 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6560-50-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">EXPORT-IMPORT BANK OF THE UNITED STATES</AGENCY>
        <DEPDOC>[Public Notice: 2013-0101]</DEPDOC>
        <SUBJECT>Application for Final Commitment for a Long-Term Loan or Financial Guarantee in Excess of $100 Million: AP078595XX, AP078595XA, AP078595XB</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>AP078595XX, AP078595XA, AP078595XB.</P>
          <HD SOURCE="HD1">Purpose and Use</HD>
          <P>Brief description of the purpose of the transaction:</P>
          <P>To support the export of U.S. manufactured commercial aircraft to South Korea.</P>
          <P>Brief non-proprietary description of the anticipated use of the items being exported:</P>
          <P>To be used for long-haul passenger and cargo air service between South Korea and other countries.</P>
          <P>To the extent that Ex-Im Bank is reasonably aware, the item(s) being exported may be used to produce exports or provide services in competition with the exportation of goods or provision of services by a United States industry.</P>
          <HD SOURCE="HD1">Parties</HD>
          <P>
            <E T="03">Principal Supplier:</E>The Boeing Company.</P>
          <P>
            <E T="03">Obligor:</E>Korean Air Lines.</P>
          <P>
            <E T="03">Guarantor(s):</E>N/A.</P>
          <HD SOURCE="HD1">Description of Items Being Exported</HD>
          <P>Boeing 777 aircraft and Boeing 747 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 February 8, 2013 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-2013-0002 under the heading “Enter Keyword or ID” and select Search. Follow the instructions provided at the Submit a Comment screen. Please include your name, company name (if any) and EIB-2013-0002 on any attached document.</P>
        </ADD>
        <SIG>
          <NAME>Sharon A. Whitt,</NAME>
          <TITLE>Records Clearance Officer.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00534 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6690-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="2673"/>
        <AGENCY TYPE="S">EXPORT-IMPORT BANK OF THE UNITED STATES</AGENCY>
        <DEPDOC>[Public Notice: 2013-0102]</DEPDOC>
        <SUBJECT>Application for Final Commitment for a Long-Term Loan or Financial Guarantee in Excess of $100 Million: AP087730XX, AP087730XA</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>AP087730XX, AP087730XA</P>
          <HD SOURCE="HD1">Purpose and Use</HD>
          <P>Brief description of the purpose of the transaction:</P>
          <P>To support the export of U.S. manufactured commercial aircraft to Chile.</P>
          <P>Brief non-proprietary description of the anticipated use of the items being exported:</P>
          <P>To be used for long-haul passenger and cargo air service from Chile and Brazil to other countries.</P>
          <P>To the extent that Ex-Im Bank is reasonably aware, the item(s) being exported may be used to produce exports or provide services in competition with the exportation of goods or provision of services by a United States industry.</P>
          <HD SOURCE="HD1">Parties</HD>
          <P>
            <E T="03">Principal Supplier:</E>The Boeing Company</P>
          <P>
            <E T="03">Obligor:</E>LATAM Airlines Group S.A.</P>
          <P>
            <E T="03">Guarantor(s):</E>N/A.</P>
          <HD SOURCE="HD1">Description of Items Being Exported</HD>
          <P>Boeing 777 aircraft and Boeing 767 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 February 8, 2013 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-2013-0003 under the heading “Enter Keyword or ID” and select Search. Follow the instructions provided at the Submit a Comment screen. Please include your name, company name (if any) and EIB-2013-0003 on any attached document.</P>
        </ADD>
        <SIG>
          <NAME>Sharon A. Whitt,</NAME>
          <TITLE>Records Clearance Officer.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00537 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6690-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">FEDERAL ACCOUNTING STANDARDS ADVISORY BOARD</AGENCY>
        <SUBJECT>Notice of Issuance of Statement of Federal Financial Accounting Standards 44</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Accounting Standards Advisory Board.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <P>
          <E T="03">Board Action:</E>Pursuant to 31 U.S.C. 3511(d), the Federal Advisory Committee Act (Pub. L. 92-463), as amended, and the FASAB Rules of Procedure, as amended in October, 2010, notice is hereby given that the Federal Accounting Standards Advisory Board (FASAB) has issued Statement of Federal Financial Accounting Standard 44,<E T="03">Accounting for Impairment of General Property, Plant, and Equipment Remaining in Use</E>.</P>
        <P>The Standard is available at<E T="03">http://www.fasab.gov/accounting-standards/authoritative-source-of-gaap/accounting-standards/fasab-handbook/</E>.</P>
        <P>For assistance in accessing the document contact FASAB at (202) 512-7350.</P>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Wendy Payne, Executive Director, at (202) 512-7350.</P>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>Federal Advisory Committee Act, Pub. L. 92-463.</P>
          </AUTH>
          <SIG>
            <DATED>Dated: January 9, 2013.</DATED>
            <NAME>Charles Jackson,</NAME>
            <TITLE>Federal Register Liaison Officer.</TITLE>
          </SIG>
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00571 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 1610-02-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">FEDERAL COMMUNICATIONS COMMISSION</AGENCY>
        <SUBJECT>Information Collection Being Reviewed by the Federal Communications Commission</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Communications Commission.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice; request for comments.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>As part of its continuing effort to reduce paperwork burden and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3520), the Federal Communications Commission invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s). Comments are requested concerning: whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information burden for small business concerns with fewer than 25 employees.</P>
          <P>The FCC may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid OMB control number.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Written Paperwork Reduction Act (PRA) comments should be submitted on or before March 15, 2013. If you anticipate that you will be submitting PRA comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the FCC contact listed below as soon as possible.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Submit your PRA comments to Judith B. Herman, Federal Communications Commission, via the Internet at<E T="03">Judith-b.herman@fcc.gov.</E>To submit your PRA comments by email send them to:<E T="03">PRA@fcc.gov.</E>
          </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Judith B. Herman, Office of Managing Director, (202) 418-0214.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <P SOURCE="NPAR">
          <E T="03">OMB Control Number:</E>3060-0743.</P>
        <P>
          <E T="03">Title:</E>Implementation of the Pay Telephone Reclassification and<PRTPAGE P="2674"/>Compensation Provisions of the Telecommunications Act of 1996, CC Docket No. 96-128.</P>
        <P>
          <E T="03">Form Number:</E>N/A.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.</P>
        <P>
          <E T="03">Respondents:</E>Business or other for-profit entities.</P>
        <P>
          <E T="03">Number of Respondents:</E>4,471 respondents; 10,071 responses.</P>
        <P>
          <E T="03">Estimated Time per Response:</E>.50 hours to 100 hours.</P>
        <P>
          <E T="03">Frequency of Response:</E>On occasion, quarterly and monthly reporting requirements, recordkeeping requirement and third party disclosure requirement.</P>
        <P>
          <E T="03">Obligation to Respond:</E>Required to obtain or retain benefits. Statutory authority for this information collection is contained in 47 U.S.C. section 276 of the Communications Act of 1934, as amended.</P>
        <P>
          <E T="03">Total Annual Burden:</E>118,137 hours.</P>
        <P>
          <E T="03">Total Annual Cost:</E>N/A.</P>
        <P>
          <E T="03">Privacy Impact Assessment:</E>N/A.</P>
        <P>
          <E T="03">Nature and Extent of Confidentiality:</E>The Commission is not requesting respondents to submit confidential information to the Commission. If the Commission requests respondents to submit information which respondents believe are confidential, respondents may request confidential treatment of such information under 47 CFR 0.459 of the Commission's rules.</P>
        <P>
          <E T="03">Needs and Uses:</E>The Commission will submit this expiring information collection to the Office of Management and Budget (OMB) after this comment period to obtain the full, three-year clearance from them. The Commission is seeking an extension for these requirements. There is no change in the Commission's previous burden estimates.</P>
        <P>The collection of information implements the following reporting, recordkeeping and/or third party disclosure requirements under section 276 of the Telecommunications Act of 1996. They are: (a) State showing of proof of market failure for exception to market-rate local coin call requirement; (b) state review of adequacy of provision of public interest payphone; (c) payphone providers' transmission of specific payphone coding digits; (d) LEC verification of disputed ANIS and maintaining and making available the verification data; (e) LEC timely notification of payphone disconnection; (f) LEC indication on the payphone's monthly bill that the amount due is for payphone service; (g) LEC tariff filing; (h) reclassification of LEC-owned payphones; (i) payphone provider's verification of its status to payer of compensation; (j) payphone providers' posting of local coin call rate on each payphone placard; and (k) LEC provision of list of emergency numbers to carrier-payers will know that they do not have to compensate payphone providers for those calls.</P>
        
        <P>
          <E T="03">OMB Control Number:</E>3060-0292.</P>
        <P>
          <E T="03">Title:</E>Section 69.605, Reporting and Distribution of Pool Access Revenues, Part 69, Access Charges.</P>
        <P>
          <E T="03">Form Number:</E>N/A.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.</P>
        <P>
          <E T="03">Respondents:</E>Business or other for-profit entities.</P>
        <P>
          <E T="03">Number of Respondents:</E>1,250 respondents; 15,000 responses.</P>
        <P>
          <E T="03">Estimated Time per Response:</E>.75 hours (45 minutes).</P>
        <P>
          <E T="03">Frequency of Response:</E>On occasion, annual and monthly reporting requirements, recordkeeping requirement and third party disclosure requirement.</P>
        <P>
          <E T="03">Obligation to Respond:</E>Required to obtain or retain benefits. Statutory authority for this information collection is contained in 47 U.S.C. sections 154, 201, 202, 203, 205, 218 and 403 of the Communications Act of 1934, as amended.</P>
        <P>
          <E T="03">Total Annual Burden:</E>11,250 hours.</P>
        <P>
          <E T="03">Total Annual Cost:</E>N/A.</P>
        <P>
          <E T="03">Privacy Impact Assessment:</E>N/A.</P>
        <P>
          <E T="03">Nature and Extent of Confidentiality:</E>There is no need for confidentiality.</P>
        <P>
          <E T="03">Needs and Uses:</E>The Commission will submit this expiring information collection after this comment period to obtain the full, three year clearance from the Office of Management and Budget (OMB). The Commission is requesting approval for an extension (no change in the reporting and/or third party disclosure requirements. There is no change to the Commission's previous burden estimates.</P>
        <P>Part 69 of the Commission's rules and regulations establishes the rules for access charges for interstate or foreign access provided by telephone companies on or after January 1, 1984, Part 69 essentially consists of rules or the procedures for the computation of access charges which are not information collections as defined by OMB's rules, 5 CFR 1320. Any reporting or disclosure occurs in connection with particular tariff filings and other reporting requirements with the FCC, National Exchange Carriers Association (NECA), or state commissions or with records maintained in accordance with the Uniform System of Accounts (USOA). OMB approval of tariff filings and USOA records required by the FCC is contained under OMB Control Numbers 3060-0298, 3060-0370 and 3060-0400.</P>
        <P>Section 69.605 requires that access revenues and cost data shall be reported by participants in association tariffs to the association for computation of monthly pool revenues distributions. The association shall submit a report on or before February 1 of each calendar year as well as the results of that process. For any revisions to the cost study results made or recommended by the association that would change the respective carrier's calculated annual common line or traffic sensitive revenue requirement by ten percent or more, the report shall include the following information: (1) Name of the carrier; (2) a detailed description of the revisions; (3) the amount of the revisions; (4) the impact of the revisions on the carrier's calculated common line and traffic sensitive revenue requirements; and (5) the carrier's total annual common line and traffic sensitive revenue requirement.</P>
        <SIG>
          <FP>Federal Communications Commission.</FP>
          <NAME>Marlene H. Dortch,</NAME>
          <TITLE>Secretary.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00555 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6712-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">FEDERAL COMMUNICATIONS COMMISSION</AGENCY>
        <SUBJECT>Information Collection Being Reviewed by the Federal Communications Commission Under Delegated Authority</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Communications Commission.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice; request for comments.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>As part of its continuing effort to reduce paperwork burden and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3520), the Federal Communications Commission invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s). Comments are requested concerning: whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information burden<PRTPAGE P="2675"/>for small business concerns with fewer than 25 employees.</P>
          <P>The FCC may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid OMB control number.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Written Paperwork Reduction Act (PRA) comments should be submitted on or before March 15, 2013. If you anticipate that you will be submitting PRA comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the FCC contact listed below as soon as possible.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Submit your PRA comments to Nicholas A. Fraser, Office of Management and Budget, via fax at 202-395-5167 or via Internet at<E T="03">Nicholas_A._Fraser@omb.eop.gov</E>and to Judith B.Herman, Federal Communications Commission, via the Internet at<E T="03">Judith-b.herman@fcc.gov.</E>To submit your PRA comments by email send them to:<E T="03">PRA@fcc.gov.</E>
          </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Judith B. Herman, Office of Managing Director, (202) 418-0214.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <P SOURCE="NPAR">
          <E T="03">OMB Control Number:</E>3060-0952.</P>
        <P>
          <E T="03">Title:</E>Proposed Demographic Information and Notifications, Second Further Notice of Proposed Rulemaking (FNPRM), CC Docket No. 98-147 and Fifth NPRM (NPRM), CC Docket No. 96-98.</P>
        <P>
          <E T="03">Form Number:</E>N/A.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.</P>
        <P>
          <E T="03">Respondents:</E>Business or other for-profit entities.</P>
        <P>
          <E T="03">Number of Respondents:</E>1,200 respondents; 1,200 responses.</P>
        <P>
          <E T="03">Estimated Time per Response:</E>2 hours.</P>
        <P>
          <E T="03">Frequency of Response:</E>On occasion reporting requirements and third party disclosure requirement.</P>
        <P>
          <E T="03">Obligation to Respond:</E>Mandatory. Statutory authority for this information collection is contained in 47 U.S.C. 151-154, 201, 202, 251-254, 256 and 271 of the Communications Act of 1934, as amended.</P>
        <P>
          <E T="03">Total Annual Burden:</E>4,800 hours.</P>
        <P>
          <E T="03">Total Annual Cost:</E>N/A.</P>
        <P>
          <E T="03">Privacy Impact Assessment:</E>N/A.</P>
        <P>
          <E T="03">Nature and Extent of Confidentiality:</E>The Commission is not requesting respondents to submit confidential information to the FCC. If the applicants wish to submit information which they believe is confidential, they may request confidential treatment of such information under 47 CFR 0.459 of the Commission's rules.</P>
        <P>
          <E T="03">Needs and Uses:</E>The Commission is seeking an extension of this information collection in order to obtain the full three year approval from OMB. There is no change to the reporting and third party disclosure requirements.</P>
        <P>The Commission asked whether physical collocation in remote terminals presents technical or security concerns, and if so, whether these concerns warrant modification of its collocation rules. The Commission asked whether incumbent LECs should be required to provide requesting carriers with demographic and other information regarding particular remote terminals similar to the information available regarding incumbent LEC central offices. Requesting carriers use demographic and other information obtained from incumbent LECs to determine whether they wish to collocate at particular remote terminals.</P>
        <P>This proposed information collection in the Second Further Notice of Proposed Rulemaking, FCC 98-147, will be used by the Commission, state commissions, and competitive carriers to facilitate the deployment of advanced services and other telecommunications services in implementation of section 251(c)(6) of the Communications Act of 1934, as amended.</P>
        <SIG>
          <FP>Federal Communications Commission.</FP>
          <NAME>Marlene H. Dortch,</NAME>
          <TITLE>Secretary.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00554 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6712-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">FEDERAL TRADE COMMISSION</AGENCY>
        <SUBJECT>Revised Jurisdictional Thresholds of the Clayton Act</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Trade Commission.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Federal Trade Commission announces the revised thresholds for interlocking directorates required by the 1990 amendment of Section 8 of the Clayton Act. Section 8 prohibits, with certain exceptions, one person from serving as a director or officer of two competing corporations if two thresholds are met. Competitor corporations are covered by Section 8 if each one has capital, surplus, and undivided profits aggregating more than $10,000,000, with the exception that no corporation is covered if the competitive sales of either corporation are less than $1,000,000. Section 8(a)(5) requires the Federal Trade Commission to revise those thresholds annually, based on the change in gross national product. The new thresholds, which take effect immediately, are $28,883,000 for Section 8(a)(1), and $2,888,300 for Section 8(a)(2)(A).</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Effective Date:</E>January 14, 2013.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>James F. Mongoven, Bureau of Competition, Office of Policy and Coordination, (202) 326-2879.</P>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>15 U.S.C.  19(a)(5).</P>
          </AUTH>
          <SIG>
            <P>By direction of the Commission.</P>
            <NAME>Richard C. Donohue,</NAME>
            <TITLE>Acting Secretary.</TITLE>
          </SIG>
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00482 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6750-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBJECT>Mandatory Guidelines for Federal Workplace Drug Testing Programs</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Substance Abuse and Mental Health Services Administration (SAMHSA), Department of Health and Human Services.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>HHS Approval of Entities that Certify Medical Review Officers (MRO).</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The current version of the Department of Health and Human Services (HHS) Mandatory Guidelines for Federal Workplace Drug Testing Programs (Mandatory Guidelines), effective on October 1, 2010, addresses the role and qualifications of Medical Review Officers (MROs) and HHS approval of entities that certify MROs.</P>

          <P>Subpart M-Medical Review Officer (MRO), Section 13.1(b), “Who may serve as an MRO?” states as follows: “Nationally recognized entities that certify MROs or subspecialty boards for physicians performing a review of Federal employee drug testing results that seek approval by the Secretary must submit their qualifications and a sample examination. Based on an annual objective review of the qualifications and content of the examination, the Secretary shall publish a list in the<E T="04">Federal Register</E>of those entities and boards that have been approved.”</P>
          <P>HHS has completed its review of entities that train and certify MROs, in accordance with requests submitted by such entities to HHS.</P>
          <P>(1) The HHS Secretary approves the following MRO certifying entities that offer both MRO training and certification through examination:</P>
          

          <FP SOURCE="FP-1">American Association of Medical Review Officers (AAMRO), P.O. Box 12873, Research Triangle Park, NC 27709, Phone: (800) 489-1839, Fax:<PRTPAGE P="2676"/>(919) 490-1010, Email:<E T="03">cferrell@aamro.com</E>, Web site:<E T="03">http://www.aamro.com/</E>;</FP>

          <FP SOURCE="FP-1">Medical Review Officer Certification Council (MROCC), 836 Arlington Heights Road,  #327, Elk Grove Village, IL 60007, Phone: (847) 631-0599, Fax: (847) 483-1282, Email:<E T="03">mrocc@mrocc.org</E>, Web site:<E T="03">http://www.mrocc.org/.</E>
          </FP>
          <P>(2) Additionally, the HHS Secretary lists the following entities that offer MRO training as a prerequisite for MRO certification by the above-listed approved entities:</P>
          

          <FP SOURCE="FP-1">American College of Occupational and Environmental Medicine (ACOEM), 25 Northwest Point Boulevard, Suite 700, Elk Grove Village, IL 60007-1030, Phone: (847) 818-1800, Fax: (847) 818-9266, Contact Form:<E T="03">http://www.acoem.org/contactacoem.aspx</E>, Web site:<E T="03">http://www.acoem.org/</E>;</FP>

          <FP SOURCE="FP-1">American Society of Addiction Medicine (ASAM), 4601 N. Park Avenue, Upper Arcade #101, Chevy Chase, MD 20815, Phone: (301) 656-3920, Fax: (301) 656-3815,Email:<E T="03">email@asam.org</E>, Web site:<E T="03">http://www.asam.org/.</E>
          </FP>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>HHS approval is effective January 14, 2013.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Jennifer Fan, Pharm.D., J.D., Division of Workplace Programs (DWP), Center for Substance Abuse Prevention (CSAP), Substance Abuse and Mental Health Services Administration (SAMHSA), 1 Choke Cherry Road, Room 7-1038, Rockville, MD 20857; Telephone: (240) 276-1759; Email:<E T="03">jennifer.fan@samhsa.hhs.gov.</E>
          </P>
          <SIG>
            <DATED>Dated: January 4, 2013.</DATED>
            <NAME>Kathleen Sebelius,</NAME>
            <TITLE>Secretary.</TITLE>
          </SIG>
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00476 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4160-20-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-2013-D-0045]</DEPDOC>
        <SUBJECT>Draft Guidance for Industry on Abuse-Deterrent Opioids—Evaluation and Labeling; 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 “Abuse-Deterrent Opioids—Evaluation and Labeling.” The draft guidance describes how abuse-deterrent properties of opioid analgesic products should be studied and evaluated, and what claims regarding such properties may be suitable for inclusion in labeling. In addition to general input on this draft guidance, FDA is seeking input on the research topics outlined in the final section of the draft guidance. FDA also intends to hold a public meeting to solicit additional input from affected stakeholders on the draft guidance.</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 March 15, 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>Matthew Sullivan, Center for Drug Evaluation and Research (HFD-170), Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 22, rm. 3160, Silver Spring, MD 20993, 301-796-1245,<E T="03">matthew.sullivan@fda.hhs.gov.</E>
          </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 “Abuse-Deterrent Opioids—Evaluation and Labeling.” Prescription opioid analgesics are an important component of modern pain management, but abuse and misuse of these products remains a serious and growing public health problem. One important effort in reducing abuse and misuse is the development of opioid analgesics specially formulated to deter abuse. FDA considers development of abuse-deterrent opioid analgesics to be a public health priority and is encouraging their development.</P>
        <P>This draft guidance is intended to provide industry with a framework for evaluating and labeling abuse-deterrent opioid products. The draft guidance discusses how the potentially abuse-deterrent properties of an opioid analgesic formulated to deter abuse should be studied, specifically addressing in vitro studies, pharmacokinetic studies, human abuse potential studies, and postmarket studies. The draft guidance also describes the types of information and claims that may be suitable for inclusion in labeling.</P>
        <P>Providing a clear framework for the evaluation and labeling of the abuse-deterrent properties of opioid analgesics intended to deter abuse should help to incentivize the development of safer, less abusable opioid analgesics, and should also facilitate the dissemination of fair and accurate information regarding such products. FDA also expects that the publication of this draft guidance will stimulate a productive discussion among FDA, industry, and other stakeholders concerning the appropriate development, evaluation, and labeling of these products. In the final section of the draft guidance, FDA also lists several areas where additional scientific research and analysis would be especially helpful.</P>
        <P>This draft guidance is being issued consistent with FDA's good guidance practices regulation (21 CFR 10.115). FDA also intends to hold a public meeting to solicit additional input from affected stakeholders on the draft guidance. The guidance, when finalized, will represent the Agency's current thinking on evaluation and labeling of abuse-deterrent opioids. It does not create or confer any rights for or on any person and does not operate to bind FDA or the public. An alternative approach may be used if such approach satisfies the requirements of the applicable statutes and regulations.</P>
        <HD SOURCE="HD1">II. Comments</HD>

        <P>Interested persons may submit either electronic comments regarding this document to<E T="03">http://www.regulations.gov</E>or written comments to the Division of Dockets Management (see<E T="02">ADDRESSES</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>
          <PRTPAGE P="2677"/>
        </P>
        <HD SOURCE="HD1">III. Electronic Access</HD>

        <P>Persons with access to the Internet may obtain the document at either<E T="03">http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or http://www.regulations.gov.</E>
        </P>
        <SIG>
          <DATED>Dated: January 8, 2013.</DATED>
          <NAME>Leslie Kux,</NAME>
          <TITLE>Assistant Commissioner for Policy.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00474 Filed 1-11-13; 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-2013-N-0001]</DEPDOC>
        <SUBJECT>Blood Products Advisory Committee; Notice of Meeting</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Food and Drug Administration, HHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <P>This notice announces a forthcoming meeting of a public advisory committee of the Food and Drug Administration (FDA). The meeting will be open to the public.</P>
        <P>
          <E T="03">Name of Committee:</E>Blood Products Advisory Committee.</P>
        <P>
          <E T="03">General Function of the Committee:</E>To provide advice and recommendations to the Agency on FDA's regulatory issues.</P>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Date and Time:</E>The meeting will be held on February 12, 2013, from 8:30 a.m. to 5 p.m.</P>
          <P>
            <E T="03">Location:</E>5630 Fishers Lane, FDA Conference Room 1066, Rockville, MD 20857. For those unable to attend in person, the meeting will also be webcast. The webcast will be available at the following link:<E T="03">http://fda.yorkcast.com/webcast/Viewer/?peid=9e38bbbbc4ae4327ab895d98a845fdd11d.</E>
          </P>
          <P>
            <E T="03">Contact Person:</E>Bryan Emery or Pearline Muckelvene, Center for Biologics Evaluation and Research, HFM-71, Food and Drug Administration, 1401 Rockville Pike, Rockville, MD 20852, 301-827-1277 or 301-827-1281, or FDA Advisory Committee Information Line, 1-800-741-8138 (301-443-0572 in the Washington, DC area). A notice in the<E T="04">Federal Register</E>about last minute modifications that impact a previously announced advisory committee meeting cannot always be published quickly enough to provide timely notice. Therefore, you should always check the Agency's Web site at<E T="03">http://www.fda.gov/AdvisoryCommittees/default.htm</E>and scroll down to the appropriate advisory committee meeting link, or call the advisory committee information line to learn about possible modifications before coming to the meeting.</P>
          <P>
            <E T="03">Agenda:</E>On February 12, 2013, the Committee will meet in open session to discuss Cangene's biologics license application for Botulism Antitoxin Heptavalent (A, B, C, D, E, F, G)-(Equine) seeking licensure under FDA's authority to approve a product based on evidence of safety in humans and effectiveness from studies in animals when human efficacy studies are not ethical or feasible.</P>

          <P>FDA intends to make background material available to the public no later than 2 business days before the meeting. If FDA is unable to post the background material on its Web site prior to the meeting, the background material will be made publicly available at the location of the advisory committee meeting, and the background material will be posted on FDA's Web site after the meeting. Background material is available at<E T="03">http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm</E>. Scroll down to the appropriate advisory committee meeting link.</P>
          <P>
            <E T="03">Procedure:</E>Interested persons may present data, information, or views, orally or in writing, on issues pending before the committee. Written submissions may be made to the contact person on or before February 5, 2013. On February 12, 2013, oral presentations from the public will be scheduled between approximately 2:30 p.m. and 3:30 p.m. Those individuals interested in making formal oral presentations should notify the contact person and submit a brief statement of the general nature of the evidence or arguments they wish to present, the names and addresses of proposed participants, and an indication of the approximate time requested to make their presentation on or before January 28, 2013. Time allotted for each presentation may be limited. If the number of registrants requesting to speak is greater than can be reasonably accommodated during the scheduled open public hearing session, FDA may conduct a lottery to determine the speakers for the scheduled open public hearing session. The contact person will notify interested persons regarding their request to speak by January 29, 2013.</P>
          <P>Persons attending FDA's advisory committee meetings are advised that the Agency is not responsible for providing access to electrical outlets. Seating for this meeting may be limited, so the public is encouraged to watch the free webcast if you are unable to attend. The link for the webcast will be available at 8 a.m. the morning of February 12, 2013.</P>
          <P>FDA welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact Bryan Emery at least 7 days in advance of the meeting.</P>

          <P>FDA is committed to the orderly conduct of its advisory committee meetings. Please visit our Web site at<E T="03">http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm</E>for procedures on public conduct during advisory committee meetings.</P>
          <P>Notice of this meeting is given under the Federal Advisory Committee Act (5 U.S.C. app. 2).</P>
        </DATES>
        <SIG>
          <DATED>Dated: January 8, 2013.</DATED>
          <NAME>Jill Hartzler Warner,</NAME>
          <TITLE>Acting Associate Commissioner for Special Medical Programs.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00491 Filed 1-11-13; 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-2013-N-0001]</DEPDOC>
        <SUBJECT>Joint Meeting of the Advisory Committee for Reproductive Health Drugs and the Drug Safety and Risk Management Advisory Committee; Notice of Meeting</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Food and Drug Administration, HHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <P>This notice announces a forthcoming meeting of a public advisory committee of the Food and Drug Administration (FDA). The meeting will be open to the public.</P>
        <P>
          <E T="03">Name of Committees:</E>Advisory Committee for Reproductive Health Drugs and the Drug Safety and Risk Management Advisory Committee.</P>
        <P>
          <E T="03">General Function of the Committees:</E>To provide advice and recommendations to the Agency on FDA's regulatory issues.</P>
        <P>
          <E T="03">Date and Time:</E>The meeting will be held on March 5, 2013, from 8 a.m. to 4 p.m.</P>
        <P>
          <E T="03">Location:</E>FDA White Oak Campus, 10903 New Hampshire Ave., Building 31 Conference Center, the Great Room (rm. 1503), Silver Spring, MD 20993-0002. Information regarding special accommodations due to a disability, visitor parking, and transportation may<PRTPAGE P="2678"/>be accessed at:<E T="03">http://www.fda.gov/AdvisoryCommittees/default.htm</E>; under the heading “Resources for You,” click on “Public Meetings at the FDA White Oak Campus.” Please note that visitors to the White Oak Campus must enter through Building 1.</P>
        <P>
          <E T="03">Contact Person:</E>Kalyani Bhatt, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 31, rm. 2417, Silver Spring, MD 20993-0002, 301-796-9001, FAX: 301-847-8533, email:<E T="03">ACRHD@fda.hhs.gov</E>, or FDA Advisory Committee Information Line, 1-800-741-8138 (301-443-0572 in the Washington, DC area). A notice in the<E T="04">Federal Register</E>about last minute modifications that impact a previously announced advisory committee meeting cannot always be published quickly enough to provide timely notice. Therefore, you should always check the Agency's Web site<E T="03">http://www.fda.gov/AdvisoryCommittees/default.htm</E>and scroll down to the appropriate advisory committee link, or call the advisory committee information line to learn about possible modifications before coming to the meeting.</P>
        <P>
          <E T="03">Agenda:</E>On March 5, 2013, the committees will discuss whether the benefit of calcitonin salmon for the treatment of postmenopausal osteoporosis (thinning and weakening of bones that increase the chance of having a broken bone) outweighs a potential risk of cancer. Calcitonin salmon products approved for the treatment of osteoporosis include: Miacalcin (calcitonin salmon) injection and nasal spray, submitted by Novartis Pharmaceuticals Corporation; Fortical (calcitonin salmon recombinant) nasal spray, submitted by Upsher Smith Laboratories; and the generic equivalents of these products.</P>

        <P>FDA intends to make background material available to the public no later than 2 business days before the meeting. If FDA is unable to post the background material on its Web site prior to the meeting, the background material will be made publicly available at the location of the advisory committee meeting, and the background material will be posted on FDA's Web site after the meeting. Background material is available at<E T="03">http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm</E>. Scroll down to the appropriate advisory committee meeting link.</P>
        <P>
          <E T="03">Procedure:</E>Interested persons may present data, information, or views, orally or in writing, on issues pending before the committee. Written submissions may be made to the contact person on or before February 15, 2013. Oral presentations from the public will be scheduled between approximately 1 p.m. and 2 p.m. Those individuals interested in making formal oral presentations should notify the contact person and submit a brief statement of the general nature of the evidence or arguments they wish to present, the names and addresses of proposed participants, and an indication of the approximate time requested to make their presentation on or before February 7, 2013. Time allotted for each presentation may be limited. If the number of registrants requesting to speak is greater than can be reasonably accommodated during the scheduled open public hearing session, FDA may conduct a lottery to determine the speakers for the scheduled open public hearing session. The contact person will notify interested persons regarding their request to speak by February 8, 2013.</P>
        <P>Persons attending FDA's advisory committee meetings are advised that the Agency is not responsible for providing access to electrical outlets.</P>
        <P>FDA welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact Kalyani Bhatt at least 7 days in advance of the meeting.</P>

        <P>FDA is committed to the orderly conduct of its advisory committee meetings. Please visit our Web site at<E T="03">http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm</E>for procedures on public conduct during advisory committee meetings.</P>
        <P>Notice of this meeting is given under the Federal Advisory Committee Act (5 U.S.C. app. 2).</P>
        <SIG>
          <DATED>Dated: January 8, 2013.</DATED>
          <NAME>Jill Hartzler Warner,</NAME>
          <TITLE>Acting Associate Commissioner for Special Medical Programs.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00507 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4160-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>National Institutes of Health</SUBAGY>
        <SUBJECT>Proposed Collection; Comment Request (60-Day FRN): The National Cancer Institute (NCI) SmokefreeTXT (Text Message) Program Evaluation (NCI)</SUBJECT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>In compliance with the requirement of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, for opportunity for public comment on proposed data collection projects, the National Institutes of Health (NIH) will publish periodic summaries of proposed projects to be submitted to the Office of Management and Budget (OMB) for review and approval.</P>
          <P>Written comments and/or suggestions from the public and affected agencies are invited to address one or more of the following points: (1) Whether the proposed collection of information is necessary for the proper performance of the function of the agency, including whether the information will have practical utility; (2) The accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) The quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.</P>

          <P>To submit comments in writing, request more information on the proposed project, or to obtain a copy of the data collection plans and instruments, contact: Erik Augustson, Ph.D., MPH, Behavioral Scientist/Health Science Administrator, Division of Cancer Control and Population Sciences, 6130 Executive Blvd., EPN-4034, Bethesda, MD 20892-7337 or call non-toll-free number 301-435-7610 or Email your request, including your address to:<E T="03">augustse@mail.nih.gov</E>.</P>
          <P>Comments regarding this information collection are best assured of having their full effect if received within 60 days of the date of this publication.</P>
          <P>
            <E T="03">Proposed Collection:</E>The National Cancer Institute (NCI) SmokefreeTXT Program Evaluation (NCI), 0925-NEW, National Cancer Institute (NCI), National Institutes of Health (NIH).</P>
          <P>
            <E T="03">Need and Use of Information Collection:</E>This is a request for OMB to approve the new submission titled, “The National Cancer Institute (NCI) SmokefreeTXT Program Evaluation” for 3 years. The supporting statements and various attachments accompany this memorandum.</P>

          <P>This study seeks to assess the efficacy of the SmokefreeTXT program, a text message smoking cessation intervention designed for young adult smokers ages 18-29. The SmokefreeTXT program is a component of a larger series of eHealth/mHealth tobacco cessation intervention programs. SmokefreeTXT has been developed (and is managed) by the<PRTPAGE P="2679"/>National Cancer Institute (NCI) Tobacco Control Research Branch (TCRB) at the request of the Office of the Assistant Secretary for Health (OASH) at the Department of Health and Human Services (DHHS).</P>
          <P>The study seeks to recruit a large sample of young adult smokers ages 18-29 to examine how exposure to the SmokefreeTXT intervention affects participants' success at quitting smoking. There will be 3-arms to the study; participants will be enrolled for a maximum of 8 weeks of treatment in the SmokefreeTXT program, with frequency and duration of the treatment varying by study arm. The SmokefreeTXT Study will collect self-reported cessation data using the bidirectional aspect of text-messaging service and a series of web-based surveys. All web-based survey data will be collected and stored by a third-party, Research Triangle Institute International (RTI). Respondents will complete the following 5 web-based surveys for a total of 7,136 burden hours: (1) Pre-treatment baseline survey; (2) one week post quit date questionnaire; (3) end of active cessation treatment questionnaire; (4) 12-week post-treatment questionnaire; (5) 24-weeks post-treatment questionnaire.</P>
          <P>OMB approval is requested for 3 years. There are no costs to respondents other than their time. The total estimated annualized burden hours are 8,353.</P>
        </SUM>
        <GPOTABLE CDEF="s60,r100,12,12,12,12" COLS="06" OPTS="L2,i1">
          <TTITLE>Estimated Annualized Burden Hours</TTITLE>
          <BOXHD>
            <CHED H="1">Type of respondents</CHED>
            <CHED H="1">Survey instrument</CHED>
            <CHED H="1">Number of<LI>respondents</LI>
            </CHED>
            <CHED H="1">Number of<LI>responses per</LI>
              <LI>respondent</LI>
            </CHED>
            <CHED H="1">Average time<LI>per response</LI>
              <LI>(in hours)</LI>
            </CHED>
            <CHED H="1">Total burden hours</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Young Adults</ENT>
            <ENT>Screener/recruitment</ENT>
            <ENT>21,000</ENT>
            <ENT>1</ENT>
            <ENT>5/60</ENT>
            <ENT>1,750</ENT>
          </ROW>
          <ROW>
            <ENT I="22"/>
            <ENT>Baseline</ENT>
            <ENT>4,248</ENT>
            <ENT>1</ENT>
            <ENT>30/60</ENT>
            <ENT>2,124</ENT>
          </ROW>
          <ROW>
            <ENT I="22"/>
            <ENT>1 week post-quit date</ENT>
            <ENT>3,399</ENT>
            <ENT>1</ENT>
            <ENT>15/60</ENT>
            <ENT>850</ENT>
          </ROW>
          <ROW>
            <ENT I="22"/>
            <ENT>6 weeks post quit date</ENT>
            <ENT>2,721</ENT>
            <ENT>1</ENT>
            <ENT>30/60</ENT>
            <ENT>1,361</ENT>
          </ROW>
          <ROW>
            <ENT I="22"/>
            <ENT>12 weeks post-treatment</ENT>
            <ENT>2,178</ENT>
            <ENT>1</ENT>
            <ENT>15/60</ENT>
            <ENT>545</ENT>
          </ROW>
          <ROW>
            <ENT I="22"/>
            <ENT>24 weeks post treatment</ENT>
            <ENT>1,308</ENT>
            <ENT>1</ENT>
            <ENT>15/60</ENT>
            <ENT>327</ENT>
          </ROW>
          <ROW RUL="n,n,s">
            <ENT I="22"/>
            <ENT>Exit Survey/Script</ENT>
            <ENT>16,752</ENT>
            <ENT>1</ENT>
            <ENT>5/60</ENT>
            <ENT>1,396</ENT>
          </ROW>
          <ROW>
            <ENT I="22"/>
            <ENT>Total</ENT>
            <ENT/>
            <ENT/>
            <ENT/>
            <ENT>8,353</ENT>
          </ROW>
        </GPOTABLE>
        <SIG>
          <DATED>Dated: January 8, 2013.</DATED>
          <NAME>Vivian Horovitch-Kelley,</NAME>
          <TITLE>NCI Project Clearance Liaison, NCI, NIH.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00572 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4140-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>National Institutes of Health</SUBAGY>
        <SUBJECT>Center for Scientific Review; Notice of Closed Meetings</SUBJECT>
        <P>Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meetings.</P>
        <P>The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
        
        <EXTRACT>
          <P>
            <E T="03">Name of Committee:</E>Infectious Diseases and Microbiology Integrated Review Group; Vector Biology Study Section</P>
          <P>
            <E T="03">Date:</E>February 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>Sheraton DFW Airport, 4440 W. John Carpenter Frwy., Irving, TX 75063.</P>
          <P>
            <E T="03">Contact Person:</E>Liangbiao Zheng, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3214, MSC 7808, Bethesda, MD 20892, 301-402-5671,<E T="03">zhengli@csr.nih.gov.</E>
          </P>
          
          <P>
            <E T="03">Name of Committee:</E>Center for Scientific Review Special Emphasis Panel; PAR: Selected Topics in Transfusion Medicine.</P>
          <P>
            <E T="03">Date:</E>February 6-7, 2013.</P>
          <P>
            <E T="03">Time:</E>11:30 a.m. to 5:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Virtual Meeting).</P>
          <P>
            <E T="03">Contact Person:</E>Bukhtiar H. Shah, DVM, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4120, MSC 7802, Bethesda, MD 20892, 301-806-7314,<E T="03">shahb@csr.nih.gov.</E>
          </P>
          
          <P>
            <E T="03">Name of Committee:</E>Molecular, Cellular and Developmental Neuroscience Integrated Review Group; Synapses, Cytoskeleton and Trafficking Study Section.</P>
          <P>
            <E T="03">Date:</E>February 7-8, 2013.</P>
          <P>
            <E T="03">Time:</E>8:00 a.m. to 2:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>InterContinental Chicago Hotel, 505 North Michigan Avenue, Chicago, IL 60611.</P>
          <P>
            <E T="03">Contact Person:</E>Jonathan K. Ivins, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4186, MSC 7850, Bethesda, MD 20892, (301) 594-1245,<E T="03">ivinsj@csr.nih.gov.</E>
          </P>
          
          <P>
            <E T="03">Name of Committee:</E>Oncology 1-Basic Translational Integrated Review Group; Molecular Oncogenesis Study Section.</P>
          <P>
            <E T="03">Date:</E>February 11-12, 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>Hotel Nikko San Francisco, 222 Mason Street, San Francisco, CA 94102.</P>
          <P>
            <E T="03">Contact Person:</E>Nywana Sizemore, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 6204, MSC 7804, Bethesda, MD 20892, 301-435-1718,<E T="03">sizemoren@csr.nih.gov.</E>
          </P>
          
          <P>
            <E T="03">Name of Committee:</E>Digestive, Kidney and Urological Systems Integrated Review Group; Hepatobiliary Pathophysiology Study Section.</P>
          <P>
            <E T="03">Date:</E>February 11-12, 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>Hyatt Regency Bethesda, One Bethesda Metro Center, 7400 Wisconsin Avenue, Bethesda, MD 20814.</P>
          <P>
            <E T="03">Contact Person:</E>Bonnie L. Burgess-Beusse, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 2182, MSC 7818, Bethesda, MD 20892, 301-435-1783,<E T="03">beusseb@mail.nih.gov.</E>
          </P>
          
          <P>
            <E T="03">Name of Committee:</E>Biobehavioral and Behavioral Processes Integrated Review Group; Adult Psychopathology and Disorders of Aging Study Section.</P>
          <P>
            <E T="03">Date:</E>February 11-12, 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>Crystal Gateway Marriott, 1700 Jefferson Davis Highway, Arlington, VA 22202.</P>
          <P>
            <E T="03">Contact Person:</E>Serena Chu, Ph.D., Scientific Review Officer, BBBP IRG, Center for Scientific Review, National Institutes of<PRTPAGE P="2680"/>Health, 6701 Rockledge Drive, Room 3178, MSC 7848, Bethesda, MD 20892, 301-500-5829,<E T="03">sechu@csr.nih.gov.</E>
          </P>
          
          <P>
            <E T="03">Name of Committee:</E>Musculoskeletal, Oral and Skin Sciences Integrated Review Group; Skeletal Biology Development and Disease Study Section.</P>
          <P>
            <E T="03">Date:</E>February 11-12, 2013.</P>
          <P>
            <E T="03">Time:</E>8:00 a.m. to 3:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>The Westin St. Francis, 335 Powell Street, San Francisco, CA 94102.</P>
          <P>
            <E T="03">Contact Person:</E>Priscilla B. Chen, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4104, MSC 7814, Bethesda, MD 20892, (301) 435-1787,<E T="03">chenp@csr.nih.gov.</E>
          </P>
          
          <P>
            <E T="03">Name of Committee:</E>Cell Biology Integrated Review Group; Biology of the Visual System Study Section.</P>
          <P>
            <E T="03">Date:</E>February 11-12, 2013.</P>
          <P>
            <E T="03">Time:</E>8:00 a.m. to 5:30 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>Hyatt Regency Bethesda, One Bethesda Metro Center, 7400 Wisconsin Avenue, Bethesda, MD 20814.</P>
          <P>
            <E T="03">Contact Person:</E>Michael H. Chaitin, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5202, MSC 7850, Bethesda, MD 20892, (301) 435-0910,<E T="03">chaitinm@csr.nih.gov.</E>
          </P>
          
          <P>
            <E T="03">Name of Committee:</E>Biobehavioral and Behavioral Processes Integrated Review Group; Biobehavioral Mechanisms of Emotion, Stress and Health Study Section.</P>
          <P>
            <E T="03">Date:</E>February 11, 2013.</P>
          <P>
            <E T="03">Time:</E>8:00 a.m. to 6:30 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>The Mandarin Oriental, 1330 Maryland Avenue SW., Washington, DC 20024.</P>
          <P>
            <E T="03">Contact Person:</E>Maribeth Champoux, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3170, MSC 7848, Bethesda, MD 20892, (301) 594-3163,<E T="03">champoum@csr.nih.gov.</E>
          </P>
          
          <P>
            <E T="03">Name of Committee:</E>Cell Biology Integrated Review Group; Nuclear and Cytoplasmic Structure/Function and Dynamics Study Section.</P>
          <P>
            <E T="03">Date:</E>February 11-12, 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>Residence Inn Bethesda, 7335 Wisconsin Avenue, Bethesda, MD 20814.</P>
          <P>
            <E T="03">Contact Person:</E>David Balasundaram, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5189, MSC 7840, Bethesda, MD 20892, 301-435-1022,<E T="03">balasundaramd@csr.nih.gov.</E>
          </P>
          
          <P>
            <E T="03">Name of Committee:</E>Molecular, Cellular and Developmental Neuroscience Integrated Review Group; Cellular and Molecular Biology of Glia Study Section.</P>
          <P>
            <E T="03">Date:</E>February 11, 2013.</P>
          <P>
            <E T="03">Time:</E>8:00 a.m. to 4:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>Doubletree Hotel Bethesda, (Formerly Holiday Inn Select), 8120 Wisconsin Avenue, Bethesda, MD 20814.</P>
          <P>
            <E T="03">Contact Person:</E>Toby Behar, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4136, MSC 7850, Bethesda, MD 20892, (301) 435-4433,<E T="03">behart@csr.nih.gov.</E>
          </P>
          
          <P>
            <E T="03">Name of Committee:</E>Healthcare Delivery and Methodologies Integrated Review Group; Community-Level Health Promotion Study Section.</P>
          <P>
            <E T="03">Date:</E>February 11-12, 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>Sheraton Delfina Santa Monica Hotel, 530 West Pico Boulevard, Santa Monica, CA 90405.</P>
          <P>
            <E T="03">Contact Person:</E>John H. Newman, Ph.D., Scientific Review Officer, HDM IRG, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3158, MSC 7770, Bethesda, MD 20892, 301 267 9270,<E T="03">newmanjh@mail.nih.gov.</E>
          </P>
          
          <P>
            <E T="03">Name of Committee:</E>Musculoskeletal, Oral and Skin Sciences Integrated Review Group; Arthritis, Connective Tissue and Skin Study Section.</P>
          <P>
            <E T="03">Date:</E>February 11-12, 2013.</P>
          <P>
            <E T="03">Time:</E>8:30 a.m. to 5:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>Residence Inn Bethesda, 7335 Wisconsin Avenue, Bethesda, MD 20814.</P>
          <P>
            <E T="03">Contact Person:</E>Aftab A. Ansari, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4108, MSC 7814, Bethesda, MD 20892, 301-237-9931,<E T="03">ansaria@csr.nih.gov</E>
          </P>
          
          <P>
            <E T="03">Name of Committee:</E>Center for Scientific Review Special Emphasis Panel; PAR Panel: Lipids and Glia.</P>
          <P>
            <E T="03">Date:</E>February 11, 2013.</P>
          <P>
            <E T="03">Time:</E>4:00 p.m. to 5:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>Doubletree Hotel Bethesda, (Formerly Holiday Inn Select), 8120 Wisconsin Avenue, Bethesda, MD 20814.</P>
          <P>
            <E T="03">Contact Person:</E>Toby Behar, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4136, MSC 7850, Bethesda, MD 20892, (301) 435-4433,<E T="03">behart@csr.nih.gov.</E>
          </P>
          
          <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS)</FP>
        </EXTRACT>
        <SIG>
          <DATED>Dated: January 8, 2013.</DATED>
          <NAME>Melanie J. Gray,</NAME>
          <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00500 Filed 1-11-13; 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 Heart, Lung, and Blood Institute; Notice of Closed Meeting</SUBJECT>
        <P>Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.</P>
        <P>The meeting will be closed to the public in accordance with the provisions set forth in section 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 Heart, Lung, and Blood Institute Special Emphasis Panel; K23, K24, K25 Research Career Development Awards.</P>
          <P>
            <E T="03">Date:</E>February 6-7, 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>Embassy Suites, Chevy Chase Pavilion, 4300 Military Road NW., Washington, DC 20015.</P>
          <P>
            <E T="03">Contact Person:</E>Stephanie J. Webb, Ph.D., Scientific Review Officer, Office of Scientific Review/DERA, National Heart, Lung, and Blood Institute, 6701 Rockledge Drive, Room 7196, Bethesda, MD 20892, 301-435-0291,<E T="03">stephanie.webb@nih.gov.</E>
          </P>
          
          <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.233, National Center for Sleep Disorders Research; 93.837, Heart and Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, Blood Diseases and Resources Research, National Institutes of Health, HHS)</FP>
        </EXTRACT>
        <SIG>
          <DATED>Dated: January 8, 2013.</DATED>
          <NAME>Michelle Trout,</NAME>
          <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00496 Filed 1-11-13; 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. 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<PRTPAGE P="2681"/>552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and thediscussions could disclose confidential trade secrets or commercial property such as patentablematerial, and personal information concerning individuals associated with the grant applications,the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
        
        <EXTRACT>
          <P>
            <E T="03">Name of Committee:</E>National Cancer Institute Special Emphasis Panel;Validation and Advanced Development of Emerging Technologies for CancerResearch (R33).</P>
          <P>
            <E T="03">Date:</E>February 13-14, 2013.</P>
          <P>
            <E T="03">Time:</E>11:00 a.m. to 4:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>National Institutes of Health,6116 Executive Boulevard,Rockville, MD 20852,(Telephone Conference Call).</P>
          <P>
            <E T="03">Contact Person:</E>Jeffrey E. DeClue, Ph.D.,Scientific Review Officer,Special Review and Logistics Branch,Division of Extramural Activities,National Cancer Institute, NIH,6116 Executive Boulevard, Room 8059,Bethesda, MD 20892-8329,301-496-7904,<E T="03">decluej@mail.nih.gov</E>.</P>
          

          <P>Information is also available on the Institute's/Center's home page:<E T="03">http://deainfo.nci.nih.gov/advisory/sep/sep.htm</E>, where an agenda and any additional informationfor the meeting will be posted when available.</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 CentersSupport; 93.398, Cancer Research Manpower; 93.399, Cancer Control, National Institutes ofHealth, HHS)</FP>
        </EXTRACT>
        <SIG>
          <DATED>Dated: January 8, 2013.</DATED>
          <NAME>Melanie J. Gray,</NAME>
          <TITLE>Program Analyst,Office of Federal Advisory Committee Policy.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00498 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4140-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>National Institutes of Health</SUBAGY>
        <SUBJECT>Center for Scientific Review; Notice of Closed Meetings</SUBJECT>
        <P>Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.),notice is hereby given of the following meetings.</P>
        <P>The meetings will be closed to the public in accordance with the provisions set forth in sections552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and thediscussions could disclose confidential trade secrets or commercial property such as patentablematerial, and personal information concerning individuals associated with the grant applications,the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
        
        <EXTRACT>
          <P>
            <E T="03">Name of Committee:</E>Center for Scientific Review Special Emphasis Panel;Osteoarthritis and Rheumatoid Arthritis.</P>
          <P>
            <E T="03">Date:</E>February 1, 2013.</P>
          <P>
            <E T="03">Time:</E>1:30 p.m. to 5:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>National Institutes of Health,6701 Rockledge Drive,Bethesda, MD 20892,(Telephone Conference Call).</P>
          <P>
            <E T="03">Contact Person:</E>Rajiv Kumar, Ph.D.,Chief, MOSS IRG,Center for Scientific Review,National Institutes of Health,6701 Rockledge Drive, Room 4216, MSC 7802,Bethesda, MD 20892,301-435-1212,<E T="03">kumarra@csr.nih.gov</E>.</P>
          
          <P>
            <E T="03">Name of Committee:</E>Immunology Integrated Review Group;Innate Immunity and Inflammation Study Section.</P>
          <P>
            <E T="03">Date:</E>February 7-8, 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>DoubleTree Suites by Hilton Santa Monica,1707 Fourth Street,Santa Monica, CA 90401.</P>
          <P>
            <E T="03">Contact Person:</E>Tina McIntyre, Ph.D.,Scientific Review Officer,Center for Scientific Review,National Institutes of Health,6701 Rockledge Drive, Room 4202, MSC 7812,Bethesda, MD 20892,301-594-6375,<E T="03">mcintyrt@csr.nih.gov</E>.</P>
          
          <P>
            <E T="03">Name of Committee:</E>Infectious Diseases and Microbiology Integrated Review Group;Clinical Research and Field Studies of Infectious Diseases Study Section.</P>
          <P>
            <E T="03">Date:</E>February 7-8, 2013.</P>
          <P>
            <E T="03">Time:</E>8:30 a.m. to 4:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>Marina Del Rey Hotel,13534 Bali Way,Marina del Rey, CA 90292.</P>
          <P>
            <E T="03">Contact Person:</E>Soheyla Saadi, Ph.D.,Scientific Review Officer,Center for Scientific Review,National Institutes of Health,6701 Rockledge Drive, Room 3211, MSC 7808,Bethesda, MD 20892,301-435-0903,<E T="03">saadisoh@csr.nih.gov</E>.</P>
          
          <P>
            <E T="03">Name of Committee:</E>Biobehavioral and Behavioral Processes Integrated Review Group; Language and Communication Study Section.</P>
          <P>
            <E T="03">Date:</E>February 11, 2013.</P>
          <P>
            <E T="03">Time:</E>8:00 a.m. to 6:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>InterContinental Mark Hopkins Hotel,999 California Street,San Francisco, CA 94108.</P>
          <P>
            <E T="03">Contact Person:</E>Weijia Ni, Ph.D.,Scientific Review Officer,Center for Scientific Review,National Institutes of Health,6701 Rockledge Drive, Room 3184, MSC 7848,Bethesda, MD 20892,(301) 237-9918,<E T="03">niw@csr.nih.gov</E>.</P>
          
          <P>
            <E T="03">Name of Committee:</E>Digestive, Kidney and Urological Systems Integrated Review Group;Kidney Molecular Biology and Genitourinary Organ DevelopmentKMBD.</P>
          <P>
            <E T="03">Date:</E>February 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>Hyatt Regency Bethesda,One Bethesda Metro Center,7400 Wisconsin Avenue,Bethesda, MD 20814.</P>
          <P>
            <E T="03">Contact Person:</E>Ryan G. Morris, Ph.D.,Scientific Review Officer,Center for Scientific Review,National Institutes of Health,6701 Rockledge Drive, Room 4205, MSC 7814,Bethesda, MD 20892,301-435-1501,<E T="03">morrisr@csr.nih.gov</E>.</P>
          
          <P>
            <E T="03">Name of Committee:</E>Cell Biology Integrated Review Group;Development—1 Study Section.</P>
          <P>
            <E T="03">Date:</E>February 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>Renaissance Harborplace Hotel,202 East Pratt Street,Baltimore, MD 21202.</P>
          <P>
            <E T="03">Contact Person:</E>Jonathan Arias, Ph.D.,Scientific Review Officer,Center for Scientific Review,National Institutes of Health,6701 Rockledge Drive, Room 5170, MSC 7840,Bethesda, MD 20892,301-435-2406,<E T="03">ariasj@csr.nih.gov</E>.</P>
          
          <P>
            <E T="03">Name of Committee:</E>Endocrinology, Metabolism, Nutrition and Reproductive Sciences IntegratedReview Group;Molecular and Cellular Endocrinology Study Section.</P>
          <P>
            <E T="03">Date:</E>February 12, 2013.</P>
          <P>
            <E T="03">Time:</E>8:00 a.m. to 6:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>Hyatt Regency Bethesda,One Bethesda Metro Center,7400 Wisconsin Avenue,Bethesda, MD 20814.</P>
          <P>
            <E T="03">Contact Person:</E>John Bleasdale, Ph.D.,Scientific Review Officer,Center for Scientific Review,National Institutes of Health,6701 Rockledge Drive, Room 6170 MSC 7892,Bethesda, MD 20892,301-435-4514,<E T="03">bleasdaleje@csr.nih.gov</E>.</P>
          
          <P>
            <E T="03">Name of Committee:</E>Center for Scientific Review Special Emphasis Panel; Member Conflicts: Pain and Hearing</P>
          <P>
            <E T="03">Date:</E>February 12-13, 2013.</P>
          <P>
            <E T="03">Time:</E>8:00 a.m. to 8:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>National Institutes of Health,6701 Rockledge Drive,Bethesda, MD 20892,(Virtual Meeting).</P>
          <P>
            <E T="03">Contact Person:</E>John Bishop, Ph.D.,Scientific Review Officer,Center for Scientific Review,National Institutes of Health,6701 Rockledge Drive, Room 5182, MSC 7844,Bethesda, MD 20892,(301) 408-9664,<E T="03">bishopj@csr.nih.gov</E>.</P>
          
          <P>
            <E T="03">Name of Committee:</E>Healthcare Delivery and Methodologies Integrated Review Group;Health Services Organization and Delivery Study Section.</P>
          <P>
            <E T="03">Date:</E>February 12, 2013.</P>
          <P>
            <E T="03">Time:</E>8:00 a.m. to 6:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>Sheraton Delfina Santa Monica Hotel,530 West Pico Boulevard,Santa Monica, CA 90405.</P>
          <P>
            <E T="03">Contact Person:</E>Kathy Salaita, SCD,Scientific Review Officer,Center for Scientific Review,National Institutes of Health,6701 Rockledge Drive, Room 3172, MSC 7770,Bethesda, MD 20892,301-451-8504,<E T="03">salaitak@csr.nih.gov</E>.</P>
          
          <PRTPAGE P="2682"/>
          <P>
            <E T="03">Name of Committee:</E>Biological Chemistry and Macromolecular Biophysics Integrated Review Group;Synthetic and Biological Chemistry A Study Section.</P>
          <P>
            <E T="03">Date:</E>February 12, 2013.</P>
          <P>
            <E T="03">Time:</E>8:00 a.m. to 6:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>Doubletree Hotel Washington,1515 Rhode Island Ave., NW.,Washington, DC 20005.</P>
          <P>
            <E T="03">Contact Person:</E>Mike Radtke, Ph.D.,Scientific Review Officer,Center for Scientific Review,National Institutes of Health,6701 Rockledge Drive, Room 4176, MSC 7806,Bethesda, MD 20892,301-435-1728,<E T="03">radtkem@csr.nih.gov</E>.</P>
          
          <P>
            <E T="03">Name of Committee:</E>Center for Scientific Review Special Emphasis Panel;Member Conflict: Radiation Oncology.</P>
          <P>
            <E T="03">Date:</E>February 12, 2013.</P>
          <P>
            <E T="03">Time:</E>12:00 p.m. to 2:30 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>National Institutes of Health,6701 Rockledge Drive,Bethesda, MD 20892,(Telephone Conference Call).</P>
          <P>
            <E T="03">Contact Person:</E>Syed M. Quadri, Ph.D.,Scientific Review Officer,Center for Scientific Review,National Institutes of Health,6701 Rockledge Drive, Room 6210, MSC 7804,Bethesda, MD 20892,301-435-1211,<E T="03">quadris@csr.nih.gov</E>.</P>
          
          <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine;93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS)</FP>
        </EXTRACT>
        <SIG>
          <DATED>Dated: January 8, 2013.</DATED>
          <NAME>Michelle Trout,</NAME>
          <TITLE>Program Analyst,Office of Federal Advisory Committee Policy.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00499 Filed 1-11-13; 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 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 meeting of the National Cancer Advisory Board.</P>
        <P>The meeting will be open to the public as indicated below, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting.</P>
        <P>A portion of 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 Cancer Advisory Board; Ad hoc Subcommittee on Global Cancer Research.</P>
          <P>
            <E T="03">Open:</E>February 7, 2013, 6:30 p.m. to 8:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>Discussion on Global Cancer.</P>
          <P>
            <E T="03">Place:</E>Hyatt Regency Bethesda, One Bethesda Metro Center, Bethesda, Maryland 20814.</P>
          <P>
            <E T="03">Contact Person:</E>Dr. Ted Trimble, Executive Secretary, NCAB Ad hoc Subcommittee on Global Cancer Research, National Cancer Institute, National Institutes of Health, 6130 Executive Boulevard, EPN/7025, Rockville, MD 20892-8345, (301) 496-2522,<E T="03">trimblet@mail.nih.gov</E>.</P>
          
          <P>
            <E T="03">Name of Committee:</E>National Cancer Advisory Board.</P>
          <P>
            <E T="03">Open:</E>February 8, 2013, 9:00 a.m. to 3:30 p.m.</P>
          <P>
            <E T="03">Agenda:</E>Program reports and presentations; business of the Board.</P>
          <P>
            <E T="03">Place:</E>National Institutes of Health, 9000 Rockville Pike, Building 31, C Wing, 6th Floor, Conference Room 10, Bethesda, MD 20892.</P>
          <P>
            <E T="03">Closed:</E>February 8, 2013, 3:30 p.m. to 5:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>Review of grant applications.</P>
          <P>
            <E T="03">Place:</E>National Institutes of Health, 9000 Rockville Pike, Building 31, C Wing, 6th Floor, Conference Room 10, Bethesda, MD 20892.</P>
          <P>
            <E T="03">Contact Person:</E>Dr. Paulette S. Gray, Executive Secretary, National Cancer Institute, National Institutes of Health, 6116 Executive Boulevard, 8th Floor, Room 8001, Bethesda, MD 20892-8327, (301) 496-5147.</P>
          
          <P>Any interested person may file written comments with the committee by forwarding the statement to the Contact Person listed on this notice. The statement should include the name, address, telephone number and when applicable, the business or professional affiliation of the interested person.</P>
          <P>In the interest of security, NIH has instituted stringent procedures for entrance onto the NIH campus. All visitor vehicles, including taxicabs, hotel, and airport shuttles will be inspected before being allowed on campus. Visitors will be asked to show one form of identification (for example, a government-issued photo ID, driver's license, or passport) and to state the purpose of their visit.</P>

          <P>Information is also available on the Institute's/Center's home page:<E T="03">http://deainfo.nci.nih.gov/</E>, where an agenda and any additional information for the meeting will be posted when available.</P>
          
          <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.392, 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: January 8, 2013.</DATED>
          <NAME>Melanie J. Gray,</NAME>
          <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00497 Filed 1-11-13; 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>Substance Abuse and Mental Health Services Administration</SUBAGY>
        <SUBJECT>Agency Information Collection Activities: Proposed Collection; Comment Request</SUBJECT>
        <P>In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 concerning opportunity for public comment on proposed collections of information, the Substance Abuse and Mental Health Services Administration (SAMHSA) will publish periodic summaries of proposed projects. To request more information on the proposed projects or to obtain a copy of the information collection plans, call the SAMHSA Reports Clearance Officer on (240) 276-1243.</P>
        <P>Comments are invited on: (a) Whether the proposed collections of information are 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) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.</P>
        <HD SOURCE="HD1">Proposed Project: Evaluation of Emergency Department Crisis Center Follow-up—New</HD>
        <P>The Substance Abuse and Mental Health Services Administration's (SAMHSA), Center for Mental Health Services (CMHS) will conduct an evaluation to assess the impact of crisis center follow-up with patients admitted to emergency departments following a suicide attempt.</P>

        <P>The overarching purpose of the proposed Evaluation of Emergency Department Crisis Center Follow-up—New is to examine the impact of crisis<PRTPAGE P="2683"/>center follow-up with patients admitted to emergency departments following a suicide attempt on subsequent emergency department readmissions. In total this evaluation effort includes two data collection activities.</P>
        <P>Clearance is being requested to abstract patient hospital data and companion crisis center data to examine the impact of crisis center follow-up on readmissions to the emergency department for suicidal behavior. The data collected through this project will ultimately help SAMHSA to understand and direct crisis center follow-up lifesaving initiatives. The data collection activities are described below.</P>
        <P>Two funded crisis centers, working in collaboration with two hospital emergency departments, will provide follow-up services to patients seen in the emergency department following a suicide attempt. Patient data will be collected for patients admitted for a suicide attempt in the two years prior to collaboration between the emergency department and crisis center and for patients admitted for a suicide attempt for the 2-year period after collaboration.</P>
        <P>(1) The Hospital Data Abstraction Form will be utilized to collect systematic patient data for patients seen in one of the two participating hospital emergency departments. Information to be abstracted from patient data include: Demographic data, historical data, and subsequent suicidal behavioral and admission data. Data will be de-identified. Hospital staff will review patient data for qualifying (i.e., admission to the emergency department for suicide attempt) records. Records to be reviewed will include emergency department admissions for the two years prior to crisis center and hospital emergency department collaboration and for two years following collaboration. It is expected that a total of 2,000 records will be abstracted by hospital staff and provided to the evaluation team.</P>
        <P>(2) The Crisis Center Data Abstraction Form will be utilized to collect systematic crisis center data for patient records for whom hospital data were collected. Data will be de-identified and will only contain a patient identification number to match to the patient ID provided through hospital records.</P>
        <P>The estimated response burden to collect this information is as follows annualized over the requested 3-year clearance period is presented below:</P>
        <GPOTABLE CDEF="s100,12,12,12,12,12" COLS="6" OPTS="L2,tp0,i1">
          <TTITLE>Total and Annualized Averages: Respondents, Responses and Hours</TTITLE>
          <BOXHD>
            <CHED H="1">Instrument</CHED>
            <CHED H="1">Number of<LI>respondents</LI>
            </CHED>
            <CHED H="1">Responses per<LI>respondent*</LI>
            </CHED>
            <CHED H="1">Total number of responses</CHED>
            <CHED H="1">Burden per<LI>response</LI>
            </CHED>
            <CHED H="1">Annual burden*</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Hospital Data Abstraction Form</ENT>
            <ENT>2</ENT>
            <ENT>334</ENT>
            <ENT>667</ENT>
            <ENT>.04</ENT>
            <ENT>27</ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="01">Crisis Center Data Abstraction Form</ENT>
            <ENT>2</ENT>
            <ENT>167</ENT>
            <ENT>333</ENT>
            <ENT>.04</ENT>
            <ENT>13</ENT>
          </ROW>
          <ROW>
            <ENT I="03">Total</ENT>
            <ENT>4</ENT>
            <ENT/>
            <ENT/>
            <ENT/>
            <ENT>40</ENT>
          </ROW>
          <TNOTE>* Rounded to the nearest whole number.</TNOTE>
        </GPOTABLE>

        <FP>Send comments to Summer King, SAMHSA Reports Clearance Officer, Room 2-1057, One Choke Cherry Road, Rockville, MD 20857 and email her a copy at<E T="03">summer.king@samhsa.hhs.gov</E>. Written comments should be received within 60 days of this notice.</FP>
        <SIG>
          <NAME>Summer King,</NAME>
          <TITLE>SAMHSA Reports Clearance Officer.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00523 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4162-20-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
        <SUBAGY>Coast Guard</SUBAGY>
        <DEPDOC>[Docket No. USCG-2012-0772]</DEPDOC>
        <SUBJECT>Carriage Standards for Bridge Navigational Watch Alarm Systems (BNWAS) Aboard U.S. Flagged Vessels</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Coast Guard, DHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of International Standards.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Coast Guard announces the implementation date of carriage standards for Bridge Navigational Watch Alarm Systems (BNWAS), in accordance with the Articles of the International Convention for the Safety of Life at Sea (SOLAS) Chapter V, Regulation 19, for U.S. flagged vessels engaged on international voyages. The purpose of a BNWAS is to detect operator disability that could lead to marine accidents.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>

          <P>The effective date for the BNWAS standard, according to the terms of SOLAS Chapter V, Regulation 19, was January 1, 2011. The implementation schedule for carriage of a BNWAS is listed below in the<E T="02">SUPPLEMENTARY INFORMATION</E>section.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>To view the documents mentioned in this notice, go to<E T="03">http://www.regulations.gov</E>and use “USCG-2012-0772” as your search term. 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>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>For information concerning this notice, contact LCDR Christopher Gagnon, U.S. Coast Guard, Commercial Vessel Compliance Division (CG-CVC-1), telephone 202-372-1224 or email<E T="03">CG-cvc-1@uscg.mil.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Background</HD>
        <P>The purpose of a BNWAS is to detect operator disability that could lead to marine accidents. A BNWAS monitors the awareness of the Officer of the Watch (OOW) and automatically alerts the Master or another qualified OOW if, for any reason, the on-duty OOW becomes incapable of performing his or her duties. This purpose is achieved through a series of indications and alarms to alert the on-duty OOW and, if he or she does not respond, then to alert the Master or another qualified OOW at a remote location onboard the vessel. Additionally, a BNWAS may provide the on-duty OOW with a means of calling for immediate assistance, if required. A BNWAS should be operational whenever the ship's heading or track control system is engaged, unless inhibited by the Master.</P>

        <P>The International Maritime Organization (IMO) established BNWAS carriage requirements in order to enhance safety of navigation. The BNWAS performance standards are outlined in IMO Resolution MSC.128(75), adopted on May 20, 2002. Effective as of January 1, 2011, IMO Resolution MSC.282(86) amended SOLAS Chapter V, Regulation 19, and established an implementation schedule for the carriage of a BNWAS (SOLAS V,<PRTPAGE P="2684"/>Reg.19.2.2.3) for new and existing ships as follows:</P>
        <P>• Cargo ships<SU>1</SU>
          <FTREF/>of 150 gross tonnage and upwards and passenger ships irrespective of size constructed on or after July 1, 2011;</P>
        <FTNT>
          <P>
            <SU>1</SU>SOLAS defines the term<E T="03">cargo ship</E>to mean any ship which is not a passenger ship (SOLAS Chapter I, Reg.2(g)).</P>
        </FTNT>
        <P>• Passenger ships<SU>2</SU>
          <FTREF/>irrespective of size constructed before July 1, 2011, not later than the first survey after July 1, 2012;</P>
        <FTNT>
          <P>
            <SU>2</SU>SOLAS defines the term<E T="03">passenger ship</E>to mean a ship which carries more than twelve passengers (SOLAS Chapter I, Reg.2(f)).</P>
        </FTNT>
        <P>• Cargo ships of 3,000 gross tonnage and upwards constructed before July 1, 2011, not later than the first survey<SU>3</SU>
          <FTREF/>after July 1, 2012;</P>
        <FTNT>
          <P>
            <SU>3</SU>SOLAS defines the term<E T="03">first survey</E>to mean the first annual survey, the first periodical survey or the first renewal survey whichever is due first after the date specified in the relevant regulation or any other survey if the Administration deems it to be reasonable and practicable, taking into account the extent of repairs and alterations being undertaken. SOLAS also states that for a ship under construction, where the keel is laid before, but the ship is delivered after, the date specified in the relevant regulation, the initial survey is the<E T="03">first survey</E>(MSC.1/Circ.1290, Dec. 16, 2008). For non-class inspected vessels, the Coast Guard expects that foreign authorities would interpret<E T="03">first survey</E>to mean the first inspection for certification or annual inspection. For uninspected vessels, the Coast Guard expects that foreign authorities would interpret<E T="03">first survey</E>to mean the date of the next annual Load Line survey.</P>
        </FTNT>
        <P>• Cargo ships of 500 gross tonnage and upwards but less than 3,000 gross tonnage constructed before July 2011, not later than the first survey after July 1, 2013; and</P>
        <P>• Cargo ships of 150 gross tonnage and upwards but less than 500 gross tonnage constructed before July 1, 2011, not later than the first survey after July 1, 2014.</P>
        <P>IMO Resolution MSC.282(86) also amended SOLAS Chapter V, Regulation 19 by stating that the BNWAS shall be in operation whenever the ship is underway at sea. Additionally, a BNWAS installed prior to July 1, 2011 may subsequently be exempted from full compliance with IMO standards at the discretion of the vessel's flag state.</P>
        <P>In addition, section 1.1 of SOLAS Chapter V, Regulation 19 provides that BNWAS requirements apply to ships constructed after July 1, 2002. We note, however, that the IMO has received proposed amendments from the Bahamas and Denmark to amend this applicability section to include vessels constructed before July 1, 2002.<SU>4</SU>
          <FTREF/>Unless and until the IMO updates the applicability provisions of SOLAS Chapter V, Regulation 19, the Coast Guard will recognize vessels constructed before July 1, 2002 as exempt from the SOLAS BNWAS requirements.</P>
        <FTNT>
          <P>
            <SU>4</SU>A copy of IMO Circular letter No. 3333, dated December 10, 2012, is available for viewing the public docket for this notice.</P>
        </FTNT>
        <HD SOURCE="HD1">Voluntary Compliance</HD>
        <P>The Coast Guard has not yet adopted domestic regulations to implement the SOLAS BNWAS requirements. Accordingly, carriage of a BNWAS on U.S. flagged vessels is voluntary. Note that any vessel operating on international voyages without a BNWAS past the applicable compliance date may be subject to detention by foreign port state officials and other administrative action by foreign authorities.</P>
        <P>Regardless of whether a vessel is in compliance with the SOLAS BNWAS requirements, the Coast Guard or Recognized Class Society (RCS) will continue to issue SOLAS Safety Equipment Certificates to U.S. flagged vessels that are otherwise in compliance with applicable SOLAS requirements. In either case, each vessel's SOLAS Safety Equipment Certificate will reflect whether the vessel is in compliance with the SOLAS BNWAS requirements.</P>
        <P>In determining whether a vessel's BNWAS is compliant with SOLAS, the Coast Guard or RCS will refer to the BNWAS performance standards outlined in IMO Resolution MSC.128(75). We also note that the IMO Report to the Maritime Safety Committee (NAV 54/25), dated August 14, 2008, states that the carriage of a BNWAS should not lead to a reduction in manning levels on the bridge. Consistent with the position of other SOLAS member flag states, the Coast Guard does not expect to issue exemptions or equivalencies from the BNWAS requirements to vessels based on the use of multiple bridge watch personnel alone. The Coast Guard would consider other requests for exemptions or equivalencies on a case-by-case basis under the authority granted under SOLAS Chapter V, Regulation 3. Any requests to the Coast Guard for exemptions or equivalencies should be made to Commandant (CG-CVC-1), via the local Officer in Charge, Marine Inspection.</P>
        <P>Finally, operators seeking approval of a BNWAS installed prior to July 1, 2011 based on the amendments in IMO Resolution MSC.282(86) should submit a gap analysis of their BNWAS compared to the current BNWAS performance standards outlined in IMO Resolution MSC.128(75) to Commandant (CG-CVC-1) for review.</P>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>This notice is issued under the authority of 5 U.S.C. 552(a).</P>
        </AUTH>
        <SIG>
          <DATED>Dated: January 7, 2013.</DATED>
          <NAME>Paul F. Thomas,</NAME>
          <TITLE>Captain, U.S. Coast Guard, Director, Inspections and Compliance.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00512 Filed 1-11-13; 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-5684-N-01]</DEPDOC>
        <SUBJECT>Notice of Proposed Information Collection for Public Comment: Annual Progress Report (APR) for the Competitive Homeless Assistance Programs</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of the Assistant Secretary for Community Planning and Development,  U.S. Department of Housing and Urban Development (HUD).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of proposed information collection.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Comments Due Date:</E>March 15, 2013</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name/or OMB Control number and should be sent to: Colette Pollard, Departmental Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 7th Street SW., Room 4160, Washington, DC 20410-5000; telephone (202) 402-3400, (this is not a toll-free number) or email Ms. Pollard at<E T="03">Colette_Pollard@hud.gov</E>for a copy of proposed forms, or other available information. Persons with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Information Relay Service at (800) 877-8339.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Ann Marie Oliva, Director, Office of Special Needs Assistance Programs, Office of Community Planning and Development, Department of Housing and Urban Development, 451 7th Street SW., Room 7262,  Washington, DC 20410; telephone (202) 708-1590 (This is not a toll-free number.)</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>The Department will submit the proposed information collection to OMB for<PRTPAGE P="2685"/>review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended). This Notice is soliciting comments from members of the public and affected agencies concerning the proposed collection of information to: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information; (3) enhance the quality, utility, and clarity of the information to be collected; and (4) minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated collection techniques or other forms of information technology; e.g., permitting electronic submission of responses.</P>
        <P>This Notice also lists the following information:</P>
        <P>
          <E T="03">Title of Proposal:</E>Annual Performance Report and Annual Homeless Assessment Report.</P>
        <P>
          <E T="03">OMB Control Number:</E>2506-0145.</P>
        <P>
          <E T="03">Description of the need for the information and proposed use:</E>This information will enable HUD to assess the performance of individual projects and to determine project compliance with funding requirements. This information assists HUD in understanding homeless clients and service needs at the local level. HUD also uses this information to provide information on overall program performance and outcomes to HUD staff, other federal agencies, the Congress, and the Office of Management and Budget.</P>
        <P>
          <E T="03">Agency Form Numbers:</E>HUD-40118.</P>
        <P>
          <E T="03">Members of the affected public:</E>Grant recipients for the Supportive Housing Program (SHP), Shelter Plus Care (S+C) Program, and the Section 8 Moderate Rehabilitation for the Single Room Occupancy Dwellings (SRO) Program.</P>
        <P>
          <E T="03">Estimation of the total number of hours needed to prepare the information collection including number of respondents, frequency of response, and hours of response:</E>APR Non-Profit recipients (3,250 responses × 1,680 minutes = 91,000 hours per annum) + APR State and Local Government recipients (3,250 responses × 1,680 minutes = 91,000 hours per annum) + AHAR with Automated Software Report (425 responses × 48 hours = 20,400 hours per annum) + AHAR with Manual Software Report (63 responses × 88 hours = 5,544 hours per annum) = 207,944 hours per annum.</P>
        <P>
          <E T="03">Status of proposed information collection:</E>Extension of currently approved package 2506-0145.</P>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>Section 3506 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, as amended.</P>
        </AUTH>
        <SIG>
          <DATED>Dated: January 7, 2013.</DATED>
          <NAME>Clifford Taffet,</NAME>
          <TITLE>General Deputy Assistant Secretary for Community Planning and Development.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00564 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4210-67-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>Office of the Secretary</SUBAGY>
        <SUBJECT>Central Utah Project Completion Act; East Hobble Creek Restoration Project Draft Environmental Assessment</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of the Assistant Secretary for Water and Science, Interior.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of availability.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The draft environmental assessment for the East Hobble Creek Restoration Project is available for public review and comment. The assessment analyzes the anticipated environmental effects of a proposed restoration effort on a portion of Lower Hobble Creek, near Springville, Utah.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Submit written comments by<E T="03">February 13, 2013.</E>
          </P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Send written comments to Ms. Sarah Sutherland, East Hobble Creek Restoration, 355 W. University Parkway, Orem, UT 84058-7303; by email to<E T="03">sarah@cuwcd.com;</E>or by Fax to 801-226-7171.</P>
          <P>Copies of the Draft Environmental Assessment are available for inspection at:</P>
          <P>• Central Utah Water Conservancy District, 355 West University Parkway, Orem, Utah 84058-7303</P>
          <P>• Department of the Interior, Central Utah Project Completion Act Office, 302 East 1860 South, Provo, Utah 84606</P>
          <P>In addition, the document is available at<E T="03">www.cuwcd.com</E>and<E T="03">www.cupcao.gov.</E>
          </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Mr. Lee Baxter, Central Utah Project Completion Act Office, at (801) 379-1174; or email at<E T="03">lbaxter@usbr.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The Department of the Interior, the Utah Reclamation Mitigation and Conservation Commission, and the Central Utah Water Conservancy District, are evaluating the impacts of the proposed East Hobble Creek Restoration project. The draft environmental assessment, being completed in conjunction with the June Sucker Recovery Implementation Program, will analyze and present the anticipated environmental effects of a proposed restoration effort on a portion of lower Hobble Creek, near Springville, Utah. This restoration effort is intended to facilitate the recovery of the June sucker, a federally listed endangered species, through improvement of spawning habitat and maintenance of stream flow. The effort to be analyzed would include the potential restoration of approximately 2 miles of stream channel, modification or removal of several existing barriers to fish passage, and enhancement of the existing water supply.</P>
        <HD SOURCE="HD1">Public Disclosure</HD>
        <P>Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.</P>
        <SIG>
          <DATED>Dated: January 9, 2013.</DATED>
          <NAME>Reed R. Murray,</NAME>
          <TITLE>Program Director, Central Utah Project Completion Act. Department of the Interior.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00656 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4310-MN-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>Bureau of Indian Affairs</SUBAGY>
        <SUBJECT>Notice of Intent To Prepare a Programmatic Environmental Impact Statement (EIS) for the Navajo Nation Integrated Weed Management Plan Within Coconino, Navajo, and Apache Counties, Arizona; McKinley, San Juan, McGill, and Cibola Counties, NM; and San Juan County, UT</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Bureau of Indian Affairs, Interior.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This notice advises the public that the Bureau of Indian Affairs (BIA) as lead Agency, with the Navajo Nation, National Park Service, and Arizona Department of Transportation serving as cooperating agencies, intends to prepare an EIS for a proposed weed management plan for the Navajo Indian Reservation. This notice also announces the beginning of the public scoping process to solicit public comments and identify issues.</P>
        </SUM>
        <DATES>
          <PRTPAGE P="2686"/>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments on the scope of the EIS may be submitted in writing until February 28, 2013. The date(s) and location(s) of any scoping meetings will be announced at least 15 days in advance through local media, including the Navajo Times, Arizona Daily Sun, Farmington Daily Times, Gallup Independent, and the Navajo Hopi Observer.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>You may mail, email or hand carry comments to Renee Benally, Natural Resource Specialist, Bureau of Indian Affairs, Western Navajo Agency, Branch of Natural Resources, PO Box 127, Tuba City, Arizona 86045; telephone: (928)283-2210; email:<E T="03">renee.benally@bia.gov.</E>
          </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Renee Benally, Natural Resource Specialist, Bureau of Indian Affairs, Western Navajo Agency, Branch of Natural Resources, PO Box 127, Tuba City, Arizona 86045; telephone: (928)283-2210; email:<E T="03">renee.benally@bia.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The BIA is proposing to develop a ten-year integrated weed management plan for the Navajo Indian Reservation. The Navajo Indian Reservation lands are infested with noxious and/or invasive weeds that have social and economic impacts on the Navajo Nation. The BIA, in partnership with cooperating agencies, intends to develop an integrated weed management plan to prevent, control, reduce, and eliminate the detrimental impacts of weed infestations throughout the reservation. The proposed action would authorize new treatments of noxious and invasive weed infestations throughout the Navajo Indian Reservation. The number of infestations and amount of acreage treated will be determined by the annual funding allocations for project implementation. The various methods of noxious/invasive weed control that will be considered during development of alternatives for the integrated weed management plan include, but will not be limited to, mechanical, cultural, biological and herbicidal treatments, and other methods that may be identified during the public scoping process.</P>
        <P>The purpose of the public scoping process is to determine relevant issues that will influence the scope of the environmental analysis, including alternatives, and guide the process for developing the EIS. At present, the BIA has identified the following preliminary issues: Surface and ground water quality; environmental justice considerations; cultural and historic resources; biological resources; public health; and socioeconomics.</P>
        <P>The BIA will use and coordinate the NEPA commenting process to satisfy the public involvement process for Section 106 of the National Historic Preservation Act (16 U.S.C. 470f) as provided for in 36 CFR 800.2(d)(3). Native American tribal consultations will be conducted in accordance with the Department of the Interior's consultation policy, and tribal concerns will be given due consideration, including impacts on Indian trust assets. Federal, State, and local agencies, along with other stakeholders that may be interested in or affected by the BIA's decision on this project are invited to participate in the scoping process and, if eligible, may request or be requested by the BIA to participate as a cooperating agency.</P>
        <P>
          <E T="03">Directions for Submitting Public Comments:</E>Please include your name, return address and the caption “Navajo Nation Integrated Weed Management Plan EIS Comments” at the head of your letter or in the subject line of your email message.</P>
        <P>
          <E T="03">Availability of Comments:</E>Comments, including names and addresses of respondents, will be available for public review at the BIA address shown in the<E T="02">ADDRESSES</E>section of this notice during regular business hours, Monday through Friday, except holidays. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.</P>
        <P>
          <E T="03">Authority:</E>This notice is published in accordance with sections 1503.1 and 1506.6 of the Council on Environmental Quality Regulations (40 CFR parts 1500 through 1508) implementing the procedural requirements of the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321<E T="03">et seq.</E>), and the Department of the Interior National Environmental Policy Act Implementation Policy (43 CFR part 46), and is in the exercise of authority delegated to the Assistant Secretary-Indian Affairs by 209 DM 8.</P>
        <SIG>
          <DATED>Dated: December 19, 2012.</DATED>
          <NAME>Kevin K. Washburn,</NAME>
          <TITLE>Assistant Secretary—Indian Affairs.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00527 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4310-W7-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>National Park Service</SUBAGY>
        <DEPDOC>[NPS-NRSS-GRD-12018; PPWONRADG0, PPMRSNR1N.NG0000]</DEPDOC>
        <SUBJECT>Information Collection Request Sent to the Office of Management and Budget (OMB) for Approval; Mining and Mining Claims and Non-Federal Oil and Gas Rights</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>National Park Service, Interior.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice; request for comments.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>We (National Park Service, NPS) have sent an Information Collection Request (ICR) to OMB for review and approval. We summarize the ICR below and describe the nature of the collection and the estimated burden and cost. This information collection is scheduled to expire on February 28, 2013. We 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. However, under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>You must submit comments on or before February 13, 2013.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Send your comments and suggestions on this information collection to the Desk Officer for the Department of the Interior at OMB-OIRA at (202) 395-5806 (fax) or<E T="03">OIRA_Submission@omb.eop.gov</E>(email). Please provide a copy of your comments to the Information Collection Clearance Officer, National Park Service, 1201 I Street NW., MS 1237, Washington, DC 20005 (mail); or<E T="03">madonna_baucum@nps.gov</E>(email). Please reference OMB Control Number 1024-0064 in the subject line of your comments.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>To request additional information about this ICR, contact Edward O. Kassman, Jr., Regulatory Specialist, Energy and Minerals Branch, Geologic Resources Division, National Park Service, P.O. Box 25287, Lakewood, Colorado 80225 (mail); (303) 987-6792 (fax); or<E T="03">Edward_Kassman@nps.gov</E>(email). You may review the ICR online at<E T="03">http://www.reginfo.gov</E>. Follow the instructions to review Department of the Interior collections under review by OMB.</P>
          <HD SOURCE="HD1">I. Abstract</HD>
          <P>The Organic Act of 1916 (NPS Organic Act) (16 U.S.C. 1<E T="03">et seq.</E>) authorizes the Secretary of the Interior to develop regulations for national park<PRTPAGE P="2687"/>units under the Department's jurisdiction. The Mining in the Parks Act (16 U.S.C. 1901<E T="03">et seq.</E>) directs the Secretary of the Interior to regulate all operations in park units in connection with the exercise of mineral rights on patented and unpatented mining claims.</P>
          <P>The regulations at 36 CFR part 9, Subparts A and B, ensure that mining and non-Federal oil and gas activities on units of the National Park System are conducted in a manner consistent with preserving each unit for the benefit of present and future generations. The information required by Subpart A identifies the claim, claimant, and operator (the claimant and operator are often the same) and details how the operator intends to access and develop the minerals associated with the claim. It also identifies the steps the operator intends to take to minimize any adverse impacts of the mining operations on park resource and values. No information, except claim ownership information, is submitted unless the claimant wishes to conduct mining operations. The information required by Subpart B identifies the owner and operator (the owner and operator are often the same) and details how the operator intends to access and develop the oil and gas rights. It also identifies the steps the operator intends to take to minimize any adverse impacts on park resources and values. No information is submitted unless the owner wishes to conduct oil and gas operations.</P>
          <HD SOURCE="HD1">II. Data</HD>
          <P>
            <E T="03">OMB Control Number:</E>1024-0064.</P>
          <P>
            <E T="03">Title:</E>Mining Claims and Non-Federal Oil and Gas Rights, 36 CFR part 9, Subparts A and B.</P>
          <P>
            <E T="03">Service Form Number:</E>None.</P>
          <P>
            <E T="03">Type of Request:</E>Extension of a currently approved collection.</P>
          <P>
            <E T="03">Description of Respondents:</E>Businesses.</P>
          <P>
            <E T="03">Respondent's Obligation:</E>Required to obtain or retain a benefit.</P>
          <P>
            <E T="03">Frequency of Collection:</E>On occasion.</P>
          <GPOTABLE CDEF="s100,12,12,12,12" COLS="05" OPTS="L2,tp0,i1">
            <TTITLE/>
            <BOXHD>
              <CHED H="1">Activity</CHED>
              <CHED H="1">Number of<LI>respondents</LI>
              </CHED>
              <CHED H="1">Number of<LI>responses</LI>
              </CHED>
              <CHED H="1">Completion time per<LI>response</LI>
              </CHED>
              <CHED H="1">Total annual burden hours</CHED>
            </BOXHD>
            <ROW>
              <ENT I="01">Mining and Mining Claims</ENT>
              <ENT>1</ENT>
              <ENT>1</ENT>
              <ENT>176</ENT>
              <ENT>176</ENT>
            </ROW>
            <ROW RUL="n,s">
              <ENT I="01">Non-Federal Oil and Gas Rights</ENT>
              <ENT>20</ENT>
              <ENT>20</ENT>
              <ENT>176</ENT>
              <ENT>3,520</ENT>
            </ROW>
            <ROW>
              <ENT I="03">Totals</ENT>
              <ENT>21</ENT>
              <ENT>21</ENT>
              <ENT/>
              <ENT>3,696</ENT>
            </ROW>
          </GPOTABLE>
          <P>
            <E T="03">Estimated Annual Nonhour Burden Cost:</E>None.</P>
          <HD SOURCE="HD1">III. Request for Comments</HD>
          <P>On July 20, 2012, we published in the<E T="04">Federal Register</E>(77 FR 42760) a notice of our intent to request that OMB renew approval for this information collection. In that notice, we solicited comments for 60 days, ending on September 18, 2012. We did not receive any comments.</P>
          <P>We again invite comments concerning this information collection on:</P>
          <P>• Whether or not the collection of information is necessary, including whether or not the information will have practical utility;</P>
          <P>• The accuracy of our estimate of the burden for this collection of information;</P>
          <P>• Ways to enhance the quality, utility, and clarity of the information to be collected; and</P>
          <P>• Ways to minimize the burden of the collection of information on respondents.</P>
          <P>Please note that the comments submitted in response to this notice are a matter of public record. 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: January 8, 2013.</DATED>
            <NAME>Madonna L. Baucum,</NAME>
            <TITLE>Information Collection Clearance Officer, National Park Service.</TITLE>
          </SIG>
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00524 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4312-EH-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>National Park Service</SUBAGY>
        <DEPDOC>[NPS-WASO-NRNHL-11964; 2200-3200-665]</DEPDOC>
        <SUBJECT>National Register of Historic Places; Notification of Pending Nominations and Related Actions</SUBJECT>
        <P>Nominations for the following properties being considered for listing or related actions in the National Register were received by the National Park Service before December 15, 2012. Pursuant to section 60.13 of 36 CFR part 60, written comments are being accepted concerning the significance of the nominated properties under the National Register criteria for evaluation. Comments may be forwarded by United States Postal Service, to the National Register of Historic Places, National Park Service, 1849 C St. NW., MS 2280, Washington, DC 20240; by all other carriers, National Register of Historic Places, National Park Service, 1201 Eye St. NW., 8th floor, Washington, DC 20005; or by fax, 202-371-6447. Written or faxed comments should be submitted by January 29, 2013. 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: December 21, 2012.</DATED>
          <NAME>J. Paul Loether,</NAME>
          <TITLE>Chief, National Register of Historic Places/National Historic Landmarks Program.</TITLE>
        </SIG>
        <HD SOURCE="HD1">ARIZONA</HD>
        <HD SOURCE="HD1">Yavapai County</HD>
        <FP SOURCE="FP-1">Back Ranch Historic District, 5525 Beaver Creek Rd., Rimrock, 12001227</FP>
        <HD SOURCE="HD1">ARKANSAS</HD>
        <HD SOURCE="HD1">Arkansas County</HD>
        <FP SOURCE="FP-1">Black, L.A., Rice Milling Association Inc. Office, 508 S. Monroe St., DeWitt, 12001229</FP>
        <HD SOURCE="HD1">Columbia County</HD>
        <FP SOURCE="FP-1">Dolph Camp, Bussey and Peace Halls Historic District, E. side of Lane Dr., Magnolia, 12001231</FP>
        <HD SOURCE="HD1">Jefferson County</HD>
        <FP SOURCE="FP-1">Bain, Jewel, House Number 2, 3601 S. Cherry St., Pine Bluff, 12001228</FP>
        <HD SOURCE="HD1">Little River County</HD>

        <FP SOURCE="FP-1">Old US 71—Ashdown Segment, (Arkansas Highway History and Architecture MPS) N. Park Ave.<PRTPAGE P="2688"/>between E. Main St. &amp; US 71, Ashdown, 12001232</FP>
        <FP SOURCE="FP-1">Old US 71—Ogden Segment, (Arkansas Highway History and Architecture MPS) Ogden &amp; Grand Sts., W. of US 71 &amp; E. of Kansas City Southern RR., Ogden, 12001230</FP>
        <HD SOURCE="HD1">Logan County</HD>
        <FP SOURCE="FP-1">Park Hill, 400 E. Wahl St., Paris, 12001233</FP>
        <HD SOURCE="HD1">CALIFORNIA</HD>
        <HD SOURCE="HD1">Alameda County</HD>
        <FP SOURCE="FP-1">California Cotton Mills Company Factory, 1091 Calcot Pl., Oakland, 12001234</FP>
        <HD SOURCE="HD1">Napa County</HD>
        <FP SOURCE="FP-1">Tubbs, Alfred L., Winery, 1429 Tubbs Ln., Calistoga, 12001235</FP>
        <HD SOURCE="HD1">ILLINOIS</HD>
        <HD SOURCE="HD1">Cook County</HD>
        <FP SOURCE="FP-1">42nd Precinct Police Station, 3600 N. Halstead St., Chicago, 12001236</FP>
        <FP SOURCE="FP-1">Strand Hotel, 6315-6323 S. Cottage Grove Ave., Chicago, 12001237</FP>
        <FP SOURCE="FP-1">West Loop—LaSalle Street Historic District, Roughly bounded by Wacker Dr., Wells, Van Buren &amp; Clark Sts., Chicago, 12001238</FP>
        <HD SOURCE="HD1">KANSAS</HD>
        <HD SOURCE="HD1">Miami County</HD>
        <FP SOURCE="FP-1">Congregational Church, 315 6th St., Osawatomie, 12001239</FP>
        <HD SOURCE="HD1">Montgomery County</HD>
        <FP SOURCE="FP-1">Eastep Site, Address Restricted, Independence, 12001240</FP>
        <HD SOURCE="HD1">LOUISIANA</HD>
        <HD SOURCE="HD1">Orleans Parish</HD>
        <FP SOURCE="FP-1">Plaza Tower, 1001 Howard Ave., New Orleans, 12001241</FP>
        <HD SOURCE="HD1">MISSOURI</HD>
        <HD SOURCE="HD1">Buchanan County</HD>
        <FP SOURCE="FP-1">Ryan Block, (St. Joseph MPS (AD)) 1137-1141 Frederick Ave., Saint Joseph, 12001242</FP>
        <HD SOURCE="HD1">St. Louis Independent city</HD>
        <FP SOURCE="FP-1">Alligator Oil Clothing Company Building, 4153-71 Bingham Ave., St. Louis (Independent City), 12001243</FP>
        <HD SOURCE="HD1">NEW JERSEY</HD>
        <HD SOURCE="HD1">Union County</HD>
        <FP SOURCE="FP-1">Briant Pond Park, Bounded by Springfield Ave., Briant Pkwy. &amp; Orchard St., Summit, 12001244</FP>
        <HD SOURCE="HD1">OHIO</HD>
        <HD SOURCE="HD1">Cuyahoga County</HD>
        <FP SOURCE="FP-1">Herold Building, (Lower Prospect—Huron District MPS) 310 Prospect Ave., Cleveland, 12001245</FP>
        <FP SOURCE="FP-1">Kendel Building, (Lower Prospect—Huron District MPS) 210 Prospect Ave., Cleveland, 12001246</FP>
        <HD SOURCE="HD1">OREGON</HD>
        <HD SOURCE="HD1">Douglas County</HD>
        <FP SOURCE="FP-1">Roseburg Veterans Administration Hospital Historic District, (United States Second Generation Veterans Hospitals MPS) 913 NW. Garden Valley Blvd., Roseburg, 12001247</FP>
        <HD SOURCE="HD1">PUERTO RICO</HD>
        <HD SOURCE="HD1">Rio Grande Municipality</HD>
        <FP SOURCE="FP-1">Rio Grande Fire Station, (Fire Stations in Puerto Rico MPS) Address Restricted, Rio Grande, 12001248</FP>
        <HD SOURCE="HD1">Villalba Municipality</HD>
        <FP SOURCE="FP-1">Jones, Walter Mc K., School, (Early Twentieth Century Schools in Puerto Rico TR) 28 Luis Munoz Rivera St., Villalba, 12001249</FP>
        <HD SOURCE="HD1">TEXAS</HD>
        <HD SOURCE="HD1">Newton County</HD>
        <FP SOURCE="FP-1">Autrey—Williams House, 717 North St., Newton, 12001251</FP>
        <HD SOURCE="HD1">Washington County</HD>
        <FP SOURCE="FP-1">Seward Plantation, 10005 FM 390 E., Independence, 12001250</FP>
        <HD SOURCE="HD1">WISCONSIN</HD>
        <HD SOURCE="HD1">Ashland County</HD>
        <FP SOURCE="FP-1">Wilmarth, Lewis C. and Caroline, House, 622 Chapple Ave., Ashland, 12001252</FP>
        <HD SOURCE="HD1">Milwaukee County</HD>
        <FP SOURCE="FP-1">Root River Parkway, (Milwaukee County Parkway System MPS) Between W. Layton Ave. &amp; S. 76th St., Greendale, 12001253</FP>
        
        <P>A request for removal has been made for the following resources:</P>
        <HD SOURCE="HD1">ARKANSAS</HD>
        <HD SOURCE="HD1">McCaskill County</HD>
        <FP SOURCE="FP-1">Jacques, Dr. Thomas S., House, NW of McCaskill, McCaskill, 89001940</FP>
        <HD SOURCE="HD1">TENNESSEE</HD>
        <HD SOURCE="HD1">Franklin County</HD>
        <FP SOURCE="FP-1">Knies Blacksmith Shop, 118 N. Jefferson St., Winchester, 73001765</FP>
        <HD SOURCE="HD1">Montgomery County</HD>
        <FP SOURCE="FP-1">Drane—Foust House, 319 Home Ave., Clarksville, 88001023</FP>
        <HD SOURCE="HD1">WISCONSIN</HD>
        <HD SOURCE="HD1">Rock County</HD>
        <FP SOURCE="FP-1">Leedle Mill Truss Bridge, WI 1, Evansville, 80000398</FP>
        
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00505 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4312-51-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>National Park Service</SUBAGY>
        <DEPDOC>[NPS-WASO-NRNHL-11883; 2200-3200-665]</DEPDOC>
        <SUBJECT>National Register of Historic Places; Notification of Pending Nominations and Related Actions</SUBJECT>
        <P>Nominations for the following properties being considered for listing or related actions in the National Register were received by the National Park Service before December 1, 2012. Pursuant to section 60.13 of 36 CFR part 60, written comments are being accepted concerning the significance of the nominated properties under the National Register criteria for evaluation. Comments may be forwarded by United States Postal Service, to the National Register of Historic Places, National Park Service, 1849 C St. NW., MS 2280, Washington, DC 20240; by all other carriers, National Register of Historic Places, National Park Service, 1201 Eye St. NW., 8th floor, Washington, DC 20005; or by fax, 202-371-6447. Written or faxed comments should be submitted by January 29, 2013. 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: December 7, 2012.</DATED>
          <NAME>J. Paul Loether,</NAME>
          <TITLE>Chief, National Register of Historic Places/National Historic Landmarks Program.</TITLE>
        </SIG>
        <HD SOURCE="HD1">CALIFORNIA</HD>
        <HD SOURCE="HD1">Los Angeles County</HD>
        <FP SOURCE="FP-1">Fox Theatre Inglewood, 115 N. Market St., Inglewood, 12001163</FP>

        <FP SOURCE="FP-1">Merwin House, (Residential Architecture of Pasadena: Influence of the Arts and Crafts Movement MPS) 267 W. State St., Pasadena, 12001164<PRTPAGE P="2689"/>
        </FP>
        <HD SOURCE="HD1">DISTRICT OF COLUMBIA</HD>
        <HD SOURCE="HD1">District of Columbia</HD>
        <FP SOURCE="FP-1">Barr Building, 910 17th St. NW., Washington, 12001165</FP>
        <FP SOURCE="FP-1">Tiber Island, 401-461 N, 430-490 M, 1201-1265 4th &amp; 1252 6th Sts. SW., Washington, 12001166</FP>
        <HD SOURCE="HD1">GEORGIA</HD>
        <HD SOURCE="HD1">Fulton County</HD>
        <FP SOURCE="FP-1">Adams, Charles R., Park, 1690 Delowe Dr., Atlanta, 12001167</FP>
        <HD SOURCE="HD1">MASSACHUSETTS</HD>
        <HD SOURCE="HD1">Barnstable County</HD>
        <FP SOURCE="FP-1">Bourne Town Hall, 24 Perry Ave., Bourne, 12001169</FP>
        <FP SOURCE="FP-1">Bourne, Jonathan, Public Library, 30 Keene St., Bourne, 12001168</FP>
        <HD SOURCE="HD1">Plymouth County</HD>
        <FP SOURCE="FP-1">McElwain, William H., School, 250 Main St., Bridgewater, 12001170</FP>
        <HD SOURCE="HD1">MICHIGAN</HD>
        <HD SOURCE="HD1">Chippewa County</HD>
        <FP SOURCE="FP-1">Lipsett Hardware Building, 175 Main St., Pickford, 12001171</FP>
        <HD SOURCE="HD1">Kent County</HD>
        <FP SOURCE="FP-1">Willard Building, 150 E. Fulton St., Grand Rapids, 12001172</FP>
        <HD SOURCE="HD1">MINNESOTA</HD>
        <HD SOURCE="HD1">Hennepin County</HD>
        <FP SOURCE="FP-1">Peavey Plaza, 1101 Nicolet Mall, Minneapolis, 12001173</FP>
        <HD SOURCE="HD1">Kandiyohi County</HD>
        <FP SOURCE="FP-1">Willmar Municipal Airport, (Federal Relief Construction in Minnesota MPS) 2321 Airport Dr., Willmar, 12001174</FP>
        <HD SOURCE="HD1">St. Louis County</HD>
        <FP SOURCE="FP-1">Lincoln Branch Library, 2229 W. 2nd St., Duluth, 12001175</FP>
        <HD SOURCE="HD1">MISSOURI</HD>
        <HD SOURCE="HD1">Bollinger County</HD>
        <FP SOURCE="FP-1">Mayfield, Will, College Campus, 207 Mayfield Dr., Marble Hill, 12001176</FP>
        <HD SOURCE="HD1">Boone County</HD>
        <FP SOURCE="FP-1">Mount Zion Church and Cemetery, (Rural Church Architecture of Missouri, c. 1819 to c. 1945 MPS) 11070 Mount Zion Rd., Hallsville, 12001177</FP>
        <HD SOURCE="HD1">NEW JERSEY</HD>
        <HD SOURCE="HD1">Morris County</HD>
        <FP SOURCE="FP-1">Stephens Homestead, 800 Willow Grove Rd. (Mount Olive Township),Hackettstown, 12001178</FP>
        <HD SOURCE="HD1">NORTH CAROLINA</HD>
        <HD SOURCE="HD1">Guilford County</HD>
        <FP SOURCE="FP-1">Sunset Hills Historic District, (Greensboro MPS) Bounded by W. Friendly, N. &amp; S. Elam &amp; W. Wright Aves., S. Tremont Dr., N.Aycock St. &amp; Kensington Rd., Greensboro, 12001179</FP>
        <HD SOURCE="HD1">OHIO</HD>
        <HD SOURCE="HD1">Cuyahoga County</HD>
        <FP SOURCE="FP-1">Globe Machine and Stamping Company, 1250 W. 76th St., Cleveland, 12001180</FP>
        <HD SOURCE="HD1">Fayette County</HD>
        <FP SOURCE="FP-1">Washington School, 318 N. North St., Washington Court House, 12001181</FP>
        <HD SOURCE="HD1">Montgomery County</HD>
        <FP SOURCE="FP-1">Antioch Temple, 107 E. 1st St., Dayton, 12001182</FP>
        <HD SOURCE="HD1">Summit County</HD>
        <FP SOURCE="FP-1">Stan Hywet Poultry Keepers Cottage, 1103 Courtleigh Dr., Akron, 12001183</FP>
        <HD SOURCE="HD1">UTAH</HD>
        <HD SOURCE="HD1">Sevier County</HD>
        <FP SOURCE="FP-1">Fish Lake Cut-off of the Old Spanish Trail Archaeological District, Fishlake National Forest, (Old Spanish Trail and the Fish Lake Cut-off MPS) Address Restricted, Salina, 12001184</FP>
        <FP SOURCE="FP-1">Old Spanish Trail Archaeological District, Fishlake National Forest, (Old Spanish Trail and the Fish Lake Cut-off MPS) Address Restricted, Salina, 12001185</FP>
        <HD SOURCE="HD1">VIRGINIA</HD>
        <HD SOURCE="HD1">Albemarle County</HD>
        <FP SOURCE="FP-1">St. James Church, VA 614, E. of VA 676, Charlottesville, 12001186</FP>
        <HD SOURCE="HD1">WISCONSIN</HD>
        <HD SOURCE="HD1">Milwaukee County</HD>
        <FP SOURCE="FP-1">Pritzlaff, John, Hardware Company, 305-333 N. Plankinton &amp; 143, 155, W. St. Paul Aves., Milwaukee, 12001187</FP>
        <HD SOURCE="HD1">Oneida County</HD>
        <FP SOURCE="FP-1">Pelican Lake Hotel, 745 US 45, Schoepke, 12001188</FP>
        
        <P>A request for removal has been made for the following resource:</P>
        
        <HD SOURCE="HD1">GEORGIA</HD>
        <HD SOURCE="HD1">DeKalb County</HD>
        <FP SOURCE="FP-1">Pines, Russell and Nelle, Lustron House, 2081 Sylvania Dr., Decatur, 96000207</FP>
        
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00503 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4312-51-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>National Park Service</SUBAGY>
        <DEPDOC>[NPS-WASO-NRNHL-11942; 2200-3200-665]</DEPDOC>
        <SUBJECT>National Register of Historic Places; Notification of Pending Nominations and Related Actions</SUBJECT>
        <P>Nominations for the following properties being considered for listing or related actions in the National Register were received by the National Park Service before December 8, 2012. Pursuant to section 60.13 of 36 CFR part 60, written comments are being accepted concerning the significance of the nominated properties under the National Register criteria for evaluation. Comments may be forwarded by United States Postal Service, to the National Register of Historic Places, National Park Service, 1849 C St. NW., MS 2280, Washington, DC 20240; by all other carriers, National Register of Historic Places, National Park Service, 1201 Eye St. NW., 8th floor, Washington, DC 20005; or by fax, 202-371-6447. Written or faxed comments should be submitted by January 29, 2013. 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: December 14, 2012.</DATED>
          <NAME>J. Paul Loether,</NAME>
          <TITLE>Chief, National Register of Historic Places/National Historic Landmarks Program.</TITLE>
        </SIG>
        <HD SOURCE="HD1">ARIZONA</HD>
        <HD SOURCE="HD1">Pima County</HD>
        <FP SOURCE="FP-1">Rincon Heights Historic District, Roughly bounded by 6th St., Broadway Blvd., Campbell &amp; Fremont Aves., Tucson, 12001190</FP>
        <FP SOURCE="FP-1">San Rafael Estates, NE. corner of Broadway Blvd. &amp; Wilmont Rd., Tucson, 12001189</FP>
        <HD SOURCE="HD1">CALIFORNIA</HD>
        <HD SOURCE="HD1">Alameda County</HD>
        <FP SOURCE="FP-1">Naval Air Station Alameda Historic District, NAS Alameda, Alameda, 12001191</FP>
        <HD SOURCE="HD1">San Diego County</HD>

        <FP SOURCE="FP-1">Chicano Park, Near National Ave. &amp; Dewey St., San Diego, 12001192<PRTPAGE P="2690"/>
        </FP>
        <HD SOURCE="HD1">COLORADO</HD>
        <HD SOURCE="HD1">El Paso County</HD>
        <FP SOURCE="FP-1">Wolfe, John, House, 905 W. Cheyenne Rd., Colorado Springs, 12001193</FP>
        <HD SOURCE="HD1">DISTRICT OF COLUMBIA</HD>
        <HD SOURCE="HD1">District of Columbia</HD>
        <FP SOURCE="FP-1">Hamilton Hotel, 1001 14th St. NW., Washington, 12001194</FP>
        <FP SOURCE="FP-1">Wire Building, 1000 Vermont Ave. NW., Washington, 12001195</FP>
        <HD SOURCE="HD1">FLORIDA</HD>
        <HD SOURCE="HD1">Indian River County</HD>
        <FP SOURCE="FP-1">Osceola Park Historic Residential District, Bounded by 20th &amp; 18th Sts., 20th &amp; 23rd Aves., Vero Beach, 12001196</FP>
        <HD SOURCE="HD1">KENTUCKY</HD>
        <HD SOURCE="HD1">Boyle County</HD>
        <FP SOURCE="FP-1">Second Street Christian Church, 228 S. 2nd St., Danville, 12001197</FP>
        <FP SOURCE="FP-1">St. James AME Church, 124 E. Walnut St., Danville, 12001198</FP>
        <HD SOURCE="HD1">Christian County</HD>
        <FP SOURCE="FP-1">Attucks High School, 712 1st. St., Hopkinsville, 12001199</FP>
        <HD SOURCE="HD1">Knott County</HD>
        <FP SOURCE="FP-1">Amburgey Log Home, 105 Dead Mare Branch, Mallie, 12001200</FP>
        <HD SOURCE="HD1">Marion County</HD>
        <FP SOURCE="FP-1">Gravel Switch Historic District, Along KY 243, E. Railroad Ave. &amp; Aliceton Rd., Gravel Switch, 12001201</FP>
        <FP SOURCE="FP-1">Loretto Historic District, (Crossroads Communities in Kentucky's Bluegrass Cultural Landscape Region MPS) Along KY 49 &amp; KY 52, Loretto, 12001202</FP>
        <HD SOURCE="HD1">Washington County</HD>
        <FP SOURCE="FP-1">Mackville Historic District, (Crossroads Communities in Kentucky's Bluegrass Cultural Landscape Region MPS) Along KY 433 &amp; KY 152, Mackville, 12001203</FP>
        <FP SOURCE="FP-1">Willisburg Historic District, (Crossroads Communities in Kentucky's Bluegrass Cultural Landscape Region MPS) Along KY 433 &amp; KY 53, Willisburg, 12001204</FP>
        <HD SOURCE="HD1">LOUISIANA</HD>
        <HD SOURCE="HD1">Madison Parish</HD>
        <FP SOURCE="FP-1">Tallulah Coca-Cola Bottling Plant, N. Plum &amp; E. Green Sts., Tallulah, 12001205</FP>
        <HD SOURCE="HD1">Rapides Parish</HD>
        <FP SOURCE="FP-1">Guaranty Bank, Park Avenue Branch, 403 Bolton Ave., Alexandria, 12001206</FP>
        <HD SOURCE="HD1">MISSOURI</HD>
        <HD SOURCE="HD1">Howard County</HD>
        <FP SOURCE="FP-1">New Franklin Commercial Historic District, 106-136 &amp; 101-113 E. Broadway, New Franklin, 12001207</FP>
        <HD SOURCE="HD1">NEW YORK</HD>
        <HD SOURCE="HD1">Steuben County</HD>
        <FP SOURCE="FP-1">New York State Soldiers' and Sailors' Home—Bath Veterans Administration Center Historic District, 76 Veterans Ave., Bath, 12001208</FP>
        <HD SOURCE="HD1">OHIO</HD>
        <HD SOURCE="HD1">Ashland County</HD>
        <FP SOURCE="FP-1">Downtown Ashland Historic District, Roughly bounded by Cottage-Claremont Ave., 3rd, 4th, &amp; Union Sts. &amp; Town Cr., Ashland, 12001209</FP>
        <HD SOURCE="HD1">Cuyahoga County</HD>
        <FP SOURCE="FP-1">Baldwin—Wallace College North Campus Historic District, Bounded by Bagley &amp; E. 5th Aves., Front &amp; Beech Sts., Berea, 12001210</FP>
        <FP SOURCE="FP-1">Carroll, John, University North Quad Historic District, 1 John Carroll Blvd., University Heights, 12001211</FP>
        <FP SOURCE="FP-1">East Ohio Building, The, 1717 E. 9th St., Cleveland, 12001212</FP>
        <FP SOURCE="FP-1">Record Rendezvous, (Lower Prospect—Huron District MPS) 300 Prospect Ave., Cleveland, 12001213</FP>
        <FP SOURCE="FP-1">West 25th Street—Detroit Avenue Historic District, Roughly bounded by Detroit Ave., Aust Ct., W. 25th &amp; W. 28th Sts., Cleveland, 12001214</FP>
        <HD SOURCE="HD1">Medina County</HD>
        <FP SOURCE="FP-1">Wheeling and Lake Erie Railroad Depot, 204 Railroad St., Lodi, 12001215</FP>
        <HD SOURCE="HD1">SOUTH DAKOTA</HD>
        <HD SOURCE="HD1">Jerauld County</HD>
        <FP SOURCE="FP-1">Hawkeye Valley Mill, SE1/4 S23, T106N, R65W, Wessington Springs, 12001216</FP>
        <HD SOURCE="HD1">Minnehaha County</HD>
        <FP SOURCE="FP-1">Sid's Crown Liquor, 330 S. 1st Ave., Sioux Falls, 12001217</FP>
        <FP SOURCE="FP-1">Texaco Super Service Station, 330 S. 1st Ave., Sioux Falls, 12001218</FP>
        <HD SOURCE="HD1">Yankton County</HD>
        <FP SOURCE="FP-1">Scottish Rite Masonic Temple, 333 Cedar St., Yankton, 12001219</FP>
        <HD SOURCE="HD1">VIRGINIA</HD>
        <HD SOURCE="HD1">Chesterfield County</HD>
        <FP SOURCE="FP-1">Falling Creek UDC Jefferson Davis Highway Marker, (UDC Commemorative Highway Markers along the Jefferson Davis Highway in Virginia MPS) US 1 at Falling Cr. Wayside, Richmond, 12001220</FP>
        <HD SOURCE="HD1">WASHINGTON</HD>
        <HD SOURCE="HD1">King County</HD>
        <FP SOURCE="FP-1">Bay View Brewery, 3100-3222 Airport Way S., Seattle, 12001221</FP>
        <HD SOURCE="HD1">Mason County</HD>
        <FP SOURCE="FP-1">Malaney—O'Neill House, 1570 E. Agate Bay Rd., Shelton, 12001222</FP>
        <HD SOURCE="HD1">Yakima County</HD>
        <FP SOURCE="FP-1">Bumping Lake Cabin No. 16, 1920 Bumping Lake Rd., Naches, 12001223</FP>
        <HD SOURCE="HD1">WYOMING</HD>
        <HD SOURCE="HD1">Sublette County</HD>
        <FP SOURCE="FP-1">Green River Drift Trail Traditional Cultural Property, (Ranches, Farms, and Homesteads in Wyoming, 1860-1960 MPS) Generally follows upper Green R., Cora, 12001224</FP>
        
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00504 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4312-51-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">INTERNATIONAL TRADE COMMISSION</AGENCY>
        <DEPDOC>[Investigation No. 332-531]</DEPDOC>
        <SUBJECT>Digital Trade in the U.S. and Global Economies, Part I; Institution of Investigation and Scheduling of Hearing</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>United States International Trade Commission.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Institution of investigation and scheduling of public hearing.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>Following receipt of a request dated December 13, 2012 (received on December 14, 2012) from the Senate Committee on Finance, (Committee) under section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)), the U.S. International Trade Commission (Commission) instituted investigation No. 332-531, Digital Trade in the U.S. and Global Economies, Part I, for the purpose of preparing the first of two reports requested by the Committee.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P/>
        </DATES>
        <FP SOURCE="FP-1">February 21, 2013: Deadline for filing requests to appear at the public hearing.</FP>
        <FP SOURCE="FP-1">February 26, 2013: Deadline for filing pre-hearing briefs and statements.</FP>
        <FP SOURCE="FP-1">March 7, 2013: Public hearing.</FP>
        <FP SOURCE="FP-1">March 14, 2013: Deadline for filing post-hearing briefs and statements.</FP>
        <FP SOURCE="FP-1">March 14, 2013: Deadline for filing all other written submissions.</FP>
        <FP SOURCE="FP-1">July 14, 2013: Transmittal of Commission report to the Committee.</FP>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>All Commission offices, including the Commission's hearing rooms, are located in the United States International Trade Commission<PRTPAGE P="2691"/>Building, 500 E Street SW., Washington, DC. All written submissions should be addressed to the Secretary, United States International Trade Commission, 500 E Street SW., Washington, DC 20436. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at<E T="03">https://edis.usitc.gov/edis3-internal/app.</E>
          </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Project Leader Matthew Reisman (202-205-2163 or<E T="03">matthew.reisman@usitc.gov</E>) or Deputy Project Leader Martha Lawless (202-205-3497 or<E T="03">martha.lawless@usitc.gov</E>) for information specific to this investigation. For information on the legal aspects of these investigations, contact William Gearhart of the Commission's Office of the General Counsel (202-205-3091 or<E T="03">william.gearhart@usitc.gov</E>). The media should contact Margaret O'Laughlin, Office of External Relations (202-205-1819 or<E T="03">margaret.olaughlin@usitc.gov</E>). Hearing-impaired individuals may obtain information on this matter by contacting the Commission's TDD terminal at 202-205-1810. General information concerning the Commission may also be obtained by accessing its Web site (<E T="03">http://www.usitc.gov</E>). Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P SOURCE="NPAR">
          <E T="03">Background:</E>As requested, the Commission will deliver two reports to the Committee. The first report, Digital Trade in the U.S and Global Economies, Part I, will:</P>
        <P>• Describe U.S. digital trade in the context of the broader economy;</P>
        <P>• Examine U.S. and global digital trade, the relationship to other cross-border transactions (e.g., foreign direct investment), and the extent to which digital trade facilitates and enables trade in other sectors;</P>
        <P>• Describe notable barriers and impediments to digital trade; and</P>
        <P>• Outline potential approaches for assessing the linkages and contributions of digital trade to the U.S. economy, noting any challenges associated with data gaps and limitations. Such contributions and linkages may include effects on consumer welfare, output, productivity, innovation, business practices, and job creation.</P>
        <P>For the purposes of the report, the Commission is defining “digital trade” to encompass commerce in products and services delivered over digital networks. Examples include software, digital media files (e.g., e-books and digital audio files), and services such as data processing and hosting. The report will also examine how other industries, such as financial services and retailing, make use of digital products and services for production and trade.</P>
        <P>The Commission will institute a second investigation at a later date for the purpose of preparing the second report. As requested by the Committee, the second report will build on the first report to:</P>
        <P>• Estimate the value of U.S. digital trade and the potential growth of this trade;</P>
        <P>• Examine the broader linkages and contributions of digital trade to the U.S. economy;</P>
        <P>• Present case studies that examine the importance of digital trade to selected U.S. industries that use or produce such goods and services; and</P>
        <P>• Examine the effect of notable barriers and impediments to digital trade on selected industries and the broader U.S. economy.</P>
        <P>The second report will be delivered to the Committee within 19 months. More information regarding the second report will be made available when the second investigation is instituted.</P>
        <P>
          <E T="03">Public Hearing:</E>A public hearing in connection with these investigations will be held at the U.S. International Trade Commission Building, 500 E Street SW., Washington, DC, beginning at 9:30 a.m. on March 7, 2013. Requests to appear at the public hearing should be filed with the Secretary, no later than 5:15 p.m., February 21, 2013, in accordance with the requirements in the “Submissions” section below. All pre-hearing briefs and statements should be filed not later than 5:15 p.m., February 26, 2013; and all post-hearing briefs and statements should be filed not later than 5:15 p.m., March 14, 2013. In the event that, as of the close of business on February 21, 2013, no witnesses are scheduled to appear at the hearing, the hearing will be canceled. Any person interested in attending the hearing as an observer or nonparticipant should contact the Office of the Secretary at 202-205-2000 after February 21, 2013, for information concerning whether the hearing will be held.</P>
        <P>
          <E T="03">Written Submissions:</E>In lieu of or in addition to participating in the hearing, interested parties are invited to file written submissions concerning this investigation. All written submissions should be addressed to the Secretary, and should be received not later than 5:15 p.m., March 14, 2013. All written submissions must conform with the provisions of section 201.8 of the<E T="03">Commission's Rules of Practice and Procedure</E>(19 CFR 201.8). Section 201.8 and the Commission's Handbook on Filing Procedures require that interested parties file documents electronically on or before the filing deadline and submit eight (8) true paper copies by 12:00 p.m. eastern time on the next business day. In the event that confidential treatment of a document is requested, interested parties must file, at the same time as the eight paper copies, at least four (4) additional true paper copies in which the confidential information must be deleted (see the following paragraph for further information regarding confidential business information). Persons with questions regarding electronic filing should contact the Secretary (202-205-2000).</P>

        <P>Any submissions that contain confidential business information (CBI) must also conform with the requirements of section 201.6 of the<E T="03">Commission's Rules of Practice and Procedure</E>(19 CFR 201.6). Section 201.6 of the rules requires that the cover of the document and the individual pages be clearly marked as to whether they are the “confidential” or “non-confidential” version, and that the confidential business information be clearly identified by means of brackets. All written submissions, except for confidential business information, will be made available for inspection by interested parties. In its request letter, the Committee stated that it intends to make the Commission's reports available to the public in their entirety, and asked that the Commission not include any confidential business information or national security classified information in the reports that the Commission sends to the Committee. Any confidential business information received by the Commission in this investigation and used in preparing this report will not be published in a manner that would reveal the operations of the firm supplying the information.</P>
        <SIG>
          <P>By order of the Commission.</P>
          
          <DATED>Issued: January 8, 2013.</DATED>
          <NAME>Lisa R. Barton,</NAME>
          <TITLE>Acting Secretary to the Commission.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00506 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 7020-02-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="2692"/>
        <AGENCY TYPE="N">DEPARTMENT OF JUSTICE</AGENCY>
        <DEPDOC>[OMB Number 1103-NEW]</DEPDOC>
        <SUBJECT>Agency Information Collection Activities; Proposed New Collection; Comments Requested: COPS Comparative Assessment of Cost Reduction by Agencies Survey</SUBJECT>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>30-Day notice.</P>
        </ACT>

        <P>The Department of Justice (DOJ) Office of Community Oriented Policing Services (COPS) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the<E T="04">Federal Register</E>Volume 77, Number 221, page 68149 on November 15, 2012, allowing for a 60 day comment period.</P>
        <P>The purpose of this notice is to allow for an additional 30 days for public comment until February 13, 2013. This process is conducted in accordance with 5 CFR 1320.10.</P>
        <P>If you have comments, especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Danielle Ouellette, Department of Justice Office of Community Oriented Policing Services, 145 N Street NE., Washington, DC 20530.</P>
        <P>Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points:</P>
        
        <FP SOURCE="FP-1">—Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;</FP>
        <FP SOURCE="FP-1">—Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;</FP>
        <FP SOURCE="FP-1">—Enhance the quality, utility, and clarity of the information to be collected; and</FP>
        <FP SOURCE="FP-1">—Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.</FP>
        <HD SOURCE="HD1">Overview of This Information Collection</HD>
        <P>(1)<E T="03">Type of Information Collection:</E>Proposed new collection; comments requested.</P>
        <P>(2)<E T="03">Title of the Form/Collection:</E>COPS Comparative Assessment of Cost Reduction by Agencies Survey.</P>
        <P>(3)<E T="03">Agency form number, if any, and the applicable component of the Department sponsoring the collection:</E>None. U.S. Department of Justice Office of Community Oriented Policing Services.</P>
        <P>(4)<E T="03">Affected public who will be asked or required to respond, as well as a brief abstract:</E>Law enforcement agencies and other public and private entities that apply for COPS Office grants or cooperative agreements will be asked complete the COPS Comparative Assessment of Cost Reduction Survey. The survey will be used to review the approaches currently adopted by police agencies that reduce organizational and operational costs and will provide information about how these strategies have been implemented and evaluated. The survey allows for the identification of agencies that have undertaken extensive changes in programs to maintain their service delivery levels or to increase service efficiency and effectiveness while facing budget restraints.</P>
        <P>(5)<E T="03">An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply:</E>It is estimated that 268 respondents annually will complete the form within .42 hours (25 minutes).</P>
        <P>(6)<E T="03">An estimate of the total public burden (in hours) associated with the collection:</E>There are an estimated 113 total annual burden hours associated with this collection.</P>
        <P>
          <E T="03">If additional information is required contact:</E>Jerri Murray, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., Room 3W-1407B, Washington, DC 20530.</P>
        <SIG>
          <DATED>Dated: January 8, 2013.</DATED>
          <NAME>Jerri Murray,</NAME>
          <TITLE>Department Clearance Officer for PRA, U.S. Department of Justice.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00489 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4410-AT-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF JUSTICE</AGENCY>
        <DEPDOC>[OMB Number 1121-0270]</DEPDOC>
        <SUBJECT>Agency Information Collection Activities; Proposed Collection; Comments Requested: Bureau of Justice Assistance Application Form: Southwest Border Prosecution Initiative</SUBJECT>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>60-Day notice.</P>
        </ACT>
        <P>The Department of Justice (DOJ), Office of Justice Programs, Bureau of Justice Assistance, will be submitting the following information collection request for review and clearance in accordance with the Paperwork Reduction Act of 1995. This proposed information collection is published to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted for “sixty days” until March 15, 2013. If you have additional comments, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact M. Pressley at 202-353-8643 or 1-866-859-2687, Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice, 810 7th Street NW., Washington, DC 20531.</P>
        <P>Written comments and suggestions from the public and affected agencies concerning the proposed collection of information should address one or more of the following four points:</P>
        <P>(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the function of the agency, including whether the information will have practical utility;</P>
        <P>(2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;</P>
        <P>(3) Enhance the quality, utility, and clarity of the information to be collected; and</P>
        <P>(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.</P>
        <HD SOURCE="HD1">Overview of This information</HD>
        <P>(1)<E T="03">Type of information collection:</E>
        </P>
        <P>(2)<E T="03">The title of the form/collection:</E>Southwest Border Prosecution Initiative.</P>
        <P>(3)<E T="03">The agency form number, if any, and the applicable component of the<PRTPAGE P="2693"/>Department sponsoring the collection:</E>Bureau of Justice Assistance, Office of Justice Programs, United States Department of Justice.</P>
        <P>(4)<E T="03">Affected public who will be asked or required to respond, as well as a brief abstract:</E>
        </P>
        <P>
          <E T="03">Primary:</E>United States Border State, Local, and Tribal governments.</P>
        <P>
          <E T="03">Other:</E>None.</P>
        <P>
          <E T="03">Abstract:</E>The Southwest Border Prosecutor Initiative was enacted in FY 2002 to reimburse state, county, parish, or municipal governments for the costs associated with the prosecution of criminal cases declined by local U.S. Attorneys. Each year, hundreds of criminal cases resulting from federal arrests are referred to local prosecutors to handle when the cases fall below certain monetary, quantity, or severity thresholds. This places additional burdens on local government resources that are already stretched by the demands of prosecuting violations of local and state laws. This program provides funds to eligible jurisdictions in the four southwest border states, using a uniform payment-per-case basis for qualifying federally initiated and declined-referred criminal cases that were disposed of after October 1, 2001. Up to 220 eligible jurisdictions may apply. This includes county governments and the four state governments in Arizona, California, New Mexico, and Texas.</P>
        <P>(5)<E T="03">An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply:</E>It is estimated that no more than 220 respondents will apply. Each application takes approximately 60 minutes to complete and is submitted 4 times per year (quarterly).</P>
        <P>(6)<E T="03">An estimate of the total public burden (in hours) associated with the collection:</E>The total hour burden to complete the applications is 880 hours (880 applications (220 × 4 times a year) × 60 minutes = 52,800/60 minutes per hour = 880 burden hours).</P>
        <P>If additional information is required, contact Jerri Murray, Department Clearance Officer, U.S. Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., Room 3W-1407B,Washington, DC 20530.</P>
        <SIG>
          <DATED>Dated: January 8, 2013.</DATED>
          <NAME>Jerri Murray,</NAME>
          <TITLE>Department Clearance Officer for PRA, U.S. Department of Justice.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00490 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4410-18-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF JUSTICE</AGENCY>
        <SUBAGY>Drug Enforcement Administration</SUBAGY>
        <DEPDOC>[OMB Number 1117-0034]</DEPDOC>
        <SUBJECT>Agency Information Collection Activities; Proposed Collection; Comments Requested: Collection of Laboratory Analysis Data on Drug Samples Tested by Non-Federal (State and Local) Crime Laboratories</SUBJECT>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>30-Day notice.</P>
        </ACT>

        <P>The Department of Justice (DOJ), Drug Enforcement Administration (DEA) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the<E T="04">Federal Register</E>Volume 77, Number 210, page 65714 on October 30, 2012, allowing for a 60-day comment period.</P>
        <P>The purpose of this notice is to allow for an additional 30 days for public comment until February 13, 2013. This process is conducted in accordance with 5 CFR 1320.10. Written comments and/or suggestions regarding the items contained in this notice, especially the estimated public burden and associated response time, should be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20503. Additionally, comments may be submitted to OMB via facsimile to (202) 395-5806. Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points:</P>
        
        <FP SOURCE="FP-1">—Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;</FP>
        <FP SOURCE="FP-1">—Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;</FP>
        <FP SOURCE="FP-1">—Enhance the quality, utility, and clarity of the information to be collected; and</FP>
        <FP SOURCE="FP-1">—Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.</FP>
        <HD SOURCE="HD1">Overview of This Information Collection</HD>
        <P>(1)<E T="03">Type of Information Collection:</E>Extension of a currently approved collection.</P>
        <P>(2)<E T="03">Title of the Form/Collection:</E>Collection of Laboratory Analysis Data on Drug Samples Tested by Non-Federal (State and Local Government) Crime Laboratories.</P>
        <P>(3)<E T="03">Agency form number, if any, and the applicable component of the Department sponsoring the collection:</E>
        </P>
        <P>
          <E T="03">Form number:</E>None. Office of Diversion Control, Drug Enforcement Administration, U.S. Department of Justice.</P>
        <P>(4)<E T="03">Affected public who will be asked or required to respond, as well as a brief abstract:</E>
        </P>
        <P>
          <E T="03">Primary:</E>State, Local or Tribal Government.</P>
        <P>
          <E T="03">Other:</E>None.</P>
        <P>
          <E T="03">Abstract:</E>Information is needed from state and local laboratories to provide DEA with additional analyzed drug information for the National Forensic Laboratory Information System.</P>
        <P>(5)<E T="03">An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:</E>It is estimated that there are one hundred forty (140) total respondents for this information collection. One hundred thirty-four (134) respond monthly at .13 hour (8 minutes) for each response and six (6) respond quarterly at .13 hour (8 minutes) for each response, for a total number of 1632 respondents.</P>
        <P>(6)<E T="03">An estimate of the total public burden (in hours) associated with the collection:</E>It is estimated that there are 218 annual burden hours associated with this collection.</P>
        <P>
          <E T="03">If additional information is required contact:</E>Jerri Murray, Department Clearance Officer, Policy and Planning Staff, Justice Management Division, Department of Justice, Two Constitution Square, 145 N Street NE., Room 3W-1407B, Washington, DC 20530.</P>
        <SIG>
          <DATED>Dated: January 8, 2013.</DATED>
          <NAME>Jerri Murray,</NAME>
          <TITLE>Department Clearance Officer, PRA, U.S. Department of Justice.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00488 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4410-09-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="2694"/>
        <AGENCY TYPE="N">LIBRARY OF CONGRESS</AGENCY>
        <SUBAGY>Copyright Royalty Board</SUBAGY>
        <SUBJECT>Notice of Intent To Audit</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Copyright Royalty Board, Library of Congress.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Public notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Copyright Royalty Judges are announcing receipt of a notice of intent to audit the 2009, 2010, and 2011 statements of account submitted by Last.fm, Ltd., concerning the royalty payments made pursuant to two statutory licenses.</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>LaKeshia Keys, Program Specialist, by telephone at (202) 707-7658 or email at<E T="03">crb@loc.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUMMARY INFORMATION:</HD>
        <P>The Copyright Act, title 17 of the United States Code, grants to copyright owners of sound recordings the exclusive right to perform publicly sound recordings by means of certain digital audio transmissions, subject to certain limitations. Specifically, this right is limited to two statutory licenses. The section 114 license allows the public performance of sound recordings by means of digital audio transmissions by nonexempt noninteractive digital subscription services and eligible nonsubscription services. 17 U.S.C. 114(f). The second license allows a service to make any necessary ephemeral reproductions to facilitate the digital transmission of the sound recording. 17 U.S.C. 112(e).</P>
        <P>Licensees may operate under these licenses provided they pay the royalty fees and comply with the terms set by the Copyright Royalty Judges. The rates and terms for the section 112 and 114 licenses are set forth in 37 CFR part 380. As part of the terms set for these licenses, the Judges designated SoundExchange, Inc., as the organization charged with collecting the royalty payments and statements of account submitted by eligible nonsubscription services such as, among others, Commercial Webcasters and Broadcasters, and distributing the royalties to the copyright owners and performers entitled to receive such royalties under the section 112 and 114 licenses. 37 CFR 380.4(b)(1) (Commercial Webcasters), 380.13(b)(1) (Broadcasters). As the designated Collective, SoundExchange may conduct a single audit of a licensee for any calendar year for the purpose of verifying their royalty payments. SoundExchange must first file with the Judges a notice of intent to audit a licensee and serve the notice on the licensee to be audited. 37 CFR 380.6(c), 380.15(c).</P>

        <P>On December 20, 2012, SoundExchange filed with the Judges a notice of intent to audit Last.fm, Ltd., for the years 2009, 2010, and 2011. Sections 380.6(c) and 380.15(c) require the Judges to publish a notice in the<E T="04">Federal Register</E>within 30 days of receipt of the notice announcing the Collective's intent to conduct an audit.</P>
        <P>In accordance with §§ 380.6(c) and 380.15(c), the Copyright Royalty Judges are publishing today's notice to fulfill this requirement with respect to SoundExchange's notice of intent to audit Last.fm, Ltd., filed December 20, 2012.</P>
        <SIG>
          <DATED>Dated: January 9, 2013.</DATED>
          <NAME>Suzanne M. Barnett,</NAME>
          <TITLE>Chief Copyright Royalty Judge.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00541 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 1410-72-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">NUCLEAR REGULATORY COMMISSION</AGENCY>
        <SUBJECT>Advisory Committee on Reactor Safeguards (ACRS), Meeting of the ACRS, Subcommittee on ABWR, Cancellation of the January 16, 2013, ACRS Subcommittee Meeting</SUBJECT>
        <P>The ACRS Subcommittee meeting on ABWR scheduled for January 16, 2013 has been cancelled.</P>
        <P>The notice of this meeting was previously published in the<E T="04">Federal Register</E>on Wednesday, December 26, 2012, (77 FR 76089-76090).</P>

        <P>Information regarding this meeting can be obtained by contacting Maitri Banerjee, Designated Federal Official (DFO) (Telephone 301-415-6973 or Email:<E T="03">Maitri.Banerjee@nrc.gov</E>) between 7:00 a.m. and 4:45 p.m. (EST)).</P>
        <SIG>
          <DATED>Dated: January 8, 2013.</DATED>
          <NAME>Antonio Dias,</NAME>
          <TITLE>Technical Advisor, Advisory Committee on Reactor Safeguards.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00545 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 7590-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">NUCLEAR REGULATORY COMMISSION</AGENCY>
        <SUBJECT>Advisory Committee on Reactor Safeguards (ACRS), Meeting of the ACRS Subcommittee on Fukushima; Cancellation of the January 18, 2013, ACRS Subcommittee Meeting</SUBJECT>
        <P>The ACRS Subcommittee meeting on Fukushima scheduled for January 18, 2013 has been cancelled.</P>
        <P>The notice of this meeting was previously published in the<E T="04">Federal Register</E>on Monday, December 17, 2012, (77 FR 74697-74698).</P>

        <P>Information regarding this meeting can be obtained by contacting Antonio Dias, Designated Federal Official (DFO) (Telephone 301-415-6805 or Email:<E T="03">Antonio.Dias@nrc.gov</E>) between 7:30 a.m. and 5:15 p.m. (e.s.t.)).</P>
        <SIG>
          <DATED>Dated: January 3, 2013.</DATED>
          <NAME>Mark Banks,</NAME>
          <TITLE>Acting Chief, Technical Support Branch, Advisory Committee on Reactor Safeguards.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00546 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 7590-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">NUCLEAR REGULATORY COMMISSION</AGENCY>
        <SUBAGY>Advisory Committee on Reactor Safeguards (ACRS)</SUBAGY>
        <SUBJECT>Meeting of the ACRS Subcommittee on Planning and Procedures; Notice of Meeting</SUBJECT>
        <P>The ACRS Subcommittee on Planning and Procedures will hold a meeting on February 6, 2013, Room T-2B3, 11545 Rockville Pike, Rockville, Maryland.</P>
        <P>The meeting will be open to public attendance, with the exception of a portion that may be closed pursuant to 5 U.S.C. 552b(c)(2) and (6) to discuss organizational and personnel matters that relate solely to the internal personnel rules and practices of the ACRS, and information the release of which would constitute a clearly unwarranted invasion of personal privacy.</P>
        <P>The agenda for the subject meeting shall be as follows:</P>
        <HD SOURCE="HD1">Wednesday, February 6, 2013—12:00 p.m. Until 1:00 p.m.</HD>
        <P>The Subcommittee will discuss proposed ACRS activities and related matters. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the Full Committee.</P>

        <P>Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official (DFO), Antonio Dias (Telephone 301-415-6805 or Email:<E T="03">Antonio.Dias@nrc.gov</E>) five days prior to the meeting, if possible, so that arrangements can be made. Thirty-five hard copies of each presentation or handout should be provided to the DFO thirty minutes before the meeting. In addition, one electronic copy of each presentation should be emailed to the DFO one day before the meeting. If an electronic copy cannot be provided within this timeframe, presenters<PRTPAGE P="2695"/>should provide the DFO with a CD containing each presentation at least thirty minutes before the meeting. Electronic recordings will be permitted only during those portions of the meeting that are open to the public. Detailed procedures for the conduct of and participation in ACRS meetings were published in the<E T="04">Federal Register</E>on October 18, 2012, (77 FR 64146-64147).</P>
        <P>Information regarding changes to the agenda, whether the meeting has been canceled or rescheduled, and the time allotted to present oral statements can be obtained by contacting the identified DFO. Moreover, in view of the possibility that the schedule for ACRS meetings may be adjusted by the Chairman as necessary to facilitate the conduct of the meeting, persons planning to attend should check with the DFO if such rescheduling would result in a major inconvenience.</P>
        <P>If attending this meeting, please enter through the One White Flint North building, 11555 Rockville Pike, Rockville, MD. After registering with security, please contact Mr. Theron Brown (240-888-9835) to be escorted to the meeting room.</P>
        <SIG>
          <DATED>Dated: January 3, 2013.</DATED>
          <NAME>Mark Banks,</NAME>
          <TITLE>Acting Chief, Technical Support Branch,  Advisory Committee on Reactor Safeguards.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00543 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 7590-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">NUCLEAR REGULATORY COMMISSION</AGENCY>
        <SUBJECT>Advisory Committee on Reactor Safeguards (ACRS); Meeting of the ACRS Subcommittee on Plant Operations and Fire Protection; Notice of Meeting</SUBJECT>
        <P>The ACRS Subcommittee on Plant Operations and Fire Protection will hold a meeting on February 6, 2013, Room T-2B1, 11545 Rockville Pike, Rockville, Maryland.</P>
        <P>The entire meeting will be open to public attendance.</P>
        <P>The agenda for the subject meeting shall be as follows:</P>
        <HD SOURCE="HD2">Wednesday, February 6, 2013—1:00 p.m. until 5:00 p.m.</HD>
        <P>The Subcommittee will review the rulemaking effort in support of the Near-Term Task Force Recommendation 8: strengthening and integrating onsite emergency response capabilities such as Emergency Operating Procedures (EOPs), Severe Accident Management Guidelines (SAMGs), and Extensive Damage Mitigation Guidelines (EDMGs). The Subcommittee will hear presentations by and hold discussions with the NRC staff and other interested persons regarding this matter. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the Full Committee.</P>

        <P>Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official (DFO), Mark Banks (Telephone 301-415-3718 or Email:<E T="03">Mark.Banks@nrc.gov</E>) five days prior to the meeting, if possible, so that appropriate arrangements can be made. Thirty-five hard copies of each presentation or handout should be provided to the DFO thirty minutes before the meeting. In addition, one electronic copy of each presentation should be emailed to the DFO one day before the meeting. If an electronic copy cannot be provided within this timeframe, presenters should provide the DFO with a CD containing each presentation at least thirty minutes before the meeting. Electronic recordings will be permitted only during those portions of the meeting that are open to the public. Detailed procedures for the conduct of and participation in ACRS meetings were published in the<E T="04">Federal Register</E>on October 18, 2012, (77 FR 64146-64147).</P>

        <P>Detailed meeting agendas and meeting transcripts are available on the NRC Web site at<E T="03">http://www.nrc.gov/reading-rm/doc-collections/acrs</E>. Information regarding topics to be discussed, changes to the agenda, whether the meeting has been canceled or rescheduled, and the time allotted to present oral statements can be obtained from the Web site cited above or by contacting the identified DFO. Moreover, in view of the possibility that the schedule for ACRS meetings may be adjusted by the Chairman as necessary to facilitate the conduct of the meeting, persons planning to attend should check with these references if such rescheduling would result in a major inconvenience.</P>
        <P>If attending this meeting, please enter through the One White Flint North Building, 11555 Rockville Pike, Rockville, MD. After registering with security, please contact Mr. Theron Brown (Telephone 240-888-9835) to be escorted to the meeting room.</P>
        <SIG>
          <DATED>Dated: January 3, 2013.</DATED>
          <NAME>Antonio Dias,</NAME>
          <TITLE>Technical Advisor, Advisory Committee on Reactor Safeguards.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00544 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 7590-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">POSTAL SERVICE</AGENCY>
        <SUBJECT>Privacy Act of 1974; System of Records</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Postal Service<E T="51">TM</E>.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of modification to existing system of records.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The United States Postal Service® is proposing to modify a General Privacy Act System of Records. These changes are being made to accommodate new data elements used in the Workplace Environment Tracking System (WETS), a new electronic national database for workplace related inquiries and complaints.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The revision will become effective without further notice on February 13, 2013, unless comments received on or before that date result in a contrary determination.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Comments may be mailed or delivered to the Records Office, United States Postal Service, 475 L'Enfant Plaza SW., Room 9431, Washington, DC 20260-1101. Copies of all written comments will be available at this address for public inspection and photocopying between 8 a.m. and 4 p.m., Monday through Friday.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Jane Eyre, Manager, Records Office, 202-268-2608.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>This notice is in accordance with the Privacy Act requirement that agencies publish their amended systems of records in the<E T="04">Federal Register</E>when there is a revision, change, or addition. The Postal Service<E T="51">TM</E>has determined that this Customer Privacy Act System of Records should be revised to modify Categories of Individuals Covered by the System, Categories of Records in the System, Purpose, Retrievability, System Manager(s) and Address, Notification Procedure, and Record Source Categories.</P>
        <HD SOURCE="HD1">I. Background</HD>

        <P>In April 2012 the Postal Service approved the development of an electronic national data base to encompass four Workplace Environment Processes: Initial Management Inquiry Process, Workplace Harassment Fact Finding, Threat Assessment Case Tracking, and Workplace Environment Intervention. As a result of this effort, the manual, hard copy records will be reduced and save work hours at the district, area, and national levels. The application will enable the Postal Service to enforce protocol and analyze data to identify trends and preventative measures relevant to workplace harassment,<PRTPAGE P="2696"/>threats, assaults, and overall workplace environment issues. The purpose is to create a national application and central repository for all four workplace environment processes identified above. The application will enable the Postal Service headquarters Equal Employment Opportunity and Workplace Environment Improvement Departments to standardize documentation, case management, operating procedures, and outcome measures.</P>
        <HD SOURCE="HD1">II. Rationale for Changes to USPS Privacy Act Systems of Records</HD>
        <P>Establishing a user friendly tracking system for these four processes will reasonably assure that workplace harassment policies and protocols are standardized, instituted, and utilized to resolve complaints in a timely manner and to formulate action plans and appropriate analysis of the outcomes. The application will allow the Postal Service to better achieve the organization's goal to provide a workplace environment that is safe and free of workplace harassment, discrimination, threats, and assaults.</P>
        <P>Short-term goals are to create a system that allows immediate access to workplace environment data and individual cases at a district, area, and headquarter level. It will centralize and standardize the processes regarding documentation, protocols, and risk abatement plans.</P>
        <P>Long-term goals are to decrease Postal Service liability, decrease the frequency and severity of complaints, threats, and assaults and to track the timelines of Postal Service responses. Additionally, the data will enable the Postal Service to identify trends to improve the workplace environment processes and develop proactive, preventative measures.</P>
        <HD SOURCE="HD1">III. Description of Changes to Systems of Records</HD>
        <P>The Postal Service is modifying one system of records listed below. Pursuant to 5 U.S.C. 552a (e)(11), interested persons are invited to submit written data, views, or arguments on this proposal. A report of the proposed modifications has been sent to Congress and to the Office of Management and Budget for their evaluation. The Postal Service does not expect this amended notice to have any adverse effect on individual privacy rights. The affected system is as follows:</P>
        <PRIACT>
          <HD SOURCE="HD1">USPS 100.900</HD>
          <HD SOURCE="HD2">SYSTEM NAME:</HD>
          <P>Employee Inquiry, Complaint, and Investigative Records</P>
          <P>Accordingly, for the reasons stated, the Postal Service proposes changes in the existing system of records as follows:</P>
          <HD SOURCE="HD1">USPS 100.900</HD>
          <HD SOURCE="HD2">SYSTEM NAME:</HD>
          <P>Employee Inquiry, Complaint, and Investigative Records</P>
          <HD SOURCE="HD2">CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM</HD>
          <P>
            <E T="03">[CHANGE TO READ]</E>
          </P>
          <P>USPS employees and non-employees who contact USPS with an inquiry or complaint, and employees and non-employees who are subjects of management inquiries or investigations of workplace issues.</P>
          <HD SOURCE="HD2">CATEGORIES OF RECORDS IN THE SYSTEM:</HD>
          <P>
            <E T="03">[CHANGE TO READ]</E>
          </P>
          <P>1.<E T="03">Employee information:</E>Name, gender, Social Security Number, Employee Identification Number, postal assignment information, veteran status, contact information, finance number(s), duty location, and pay location.</P>
          <P>2.<E T="03">Non-employee information:</E>Name, gender, and contact information.</P>
          <P>
            <E T="03">[RENUMBER REMAINING TEXT]</E>
          </P>
          <STARS/>
          <HD SOURCE="HD2">PURPOSE:</HD>
          <P>
            <E T="03">[CHANGE TO READ]</E>
          </P>
          <P>1. To enable review and response to inquiries and complaints concerning employees and non-employees.</P>
          <STARS/>
          <HD SOURCE="HD2">RETRIEVABILITY:</HD>
          <P>
            <E T="03">[CHANGE TO READ]</E>
          </P>
          <P>By employee and non-employee name, subject category, facility, finance number, district, area, nationally, or case number.</P>
          <HD SOURCE="HD2">SYSTEM MANAGER(S) AND ADDRESS:</HD>
          <STARS/>
          <P>
            <E T="03">[ADD NEW TEXT]</E>
          </P>
          <P>Vice President, Labor Relations, United States Postal Service, 475 L'Enfant Plaza SW., Washington, DC 20260.</P>
          <STARS/>
          <HD SOURCE="HD2">NOTIFICATION PROCEDURE:</HD>
          <P>
            <E T="03">[CHANGE TO READ]</E>
          </P>
          <P>Employees wanting to know if information about them is maintained in this system of records must address inquiries to the facility head where currently or last employed. Headquarters employees must submit inquiries to Corporate Personnel Management, 475 L'Enfant Plaza SW., Washington, DC 20260. Non-employees wanting to know if information about them is maintained in this system of records must address inquiries to the District Manager, Human Resources that governs the facility where the inquiry, complaint, or investigative records are stored. Inquiries must include full name, address, and other identifying information. In addition, employees must include Social Security Number or Employee Identification Number, name and address of facility where last employed, and dates of USPS employment. Likewise employees may also be required to furnish where the inquiry, complaint, or investigation occurred.</P>
          <HD SOURCE="HD2">RECORD SOURCE CATEGORIES:</HD>
          <P>
            <E T="03">[CHANGE TO READ]</E>
          </P>
          <P>Employees, non-employees, supervisors, managers, and witnesses.</P>
          <STARS/>
        </PRIACT>
        <SIG>
          <NAME>Stanley F. Mires,</NAME>
          <TITLE>Attorney, Legal Policy &amp; Legislative Advice.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00480 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 7710-12-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
        <SUBJECT>Submission for OMB Review; Comment Request</SUBJECT>
        <FP SOURCE="FP-1">
          <E T="03">Upon Written Request Copies Available From:</E>Securities and Exchange Commission, Office of Investor Education and Advocacy, Washington, DC 20549-0213.</FP>
        
        <EXTRACT>
          <FP SOURCE="FP-2">
            <E T="03">Extension:</E>
          </FP>
          <FP SOURCE="FP1-2">Rule 2a-7, OMB Control No. 3235-0268, SEC File No. 270-258.</FP>
        </EXTRACT>
        

        <P>Notice is hereby given that, pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501<E T="03">et seq.</E>), the Securities and Exchange Commission (the “Commission”) has submitted to the Office of Management and Budget a request for extension of the previously approved collection of information discussed below.</P>
        <P>Rule 2a-7 (17 CFR 270.2a-7) under the Investment Company Act of 1940 (15 U.S.C. 80a) (the “Act”) governs money market funds. Money market funds are open-end management investment companies that differ from other open-end management investment companies in that they seek to maintain a stable price per share, usually $1.00. The rule exempts money market funds from the valuation requirements of the Act, and, subject to certain risk-limiting conditions, permits money market funds to use the “amortized cost method” of asset valuation or the “penny-rounding method” of share pricing.</P>

        <P>Rule 2a-7 also imposes certain recordkeeping and reporting obligations<PRTPAGE P="2697"/>on money market funds. The board of directors of a money market fund, in supervising the fund's operations, must establish written procedures designed to stabilize the fund's net asset value (“NAV”). The board must also adopt guidelines and procedures relating to certain responsibilities it delegates to the fund's investment adviser. These procedures and guidelines typically address various aspects of the fund's operations. The fund must maintain and preserve for six years a written copy of both these procedures and guidelines. The fund also must maintain and preserve for six years a written record of the board's considerations and actions taken in connection with the discharge of its responsibilities, to be included in the board's minutes. In addition, the fund must maintain and preserve for three years written records of certain credit risk analyses, evaluations with respect to securities subject to demand features or guarantees, and determinations with respect to adjustable rate securities and asset backed securities. If the board takes action with respect to defaulted securities, events of insolvency, or deviations in share price, the fund must file with the Commission an exhibit to Form N-SAR describing the nature and circumstances of the action. If any portfolio security fails to meet certain eligibility standards under the rule, the fund also must identify those securities in an exhibit to Form N-SAR. After certain events of default or insolvency relating to a portfolio security, the fund must notify the Commission of the event and the actions the fund intends to take in response to the situation.</P>
        <P>The 2010 amendments to rule 2a-7 also added new collection of information requirements. First, money market fund boards must adopt written procedures that provide for periodic testing (and reporting to the board) of the fund's ability to maintain a stable NAV per share based on certain hypothetical events. Second, funds must post monthly portfolio information on their Web sites. Third, funds must maintain records of creditworthiness evaluations on counterparties to repurchase agreements that the fund intends to “look through” for purposes of rule 2a-7's diversification limitations. Finally, money market funds must promptly notify the Commission of the purchase of any money market fund's portfolio security by an affiliated person in reliance on rule 17a-9 under the Act and explain the reasons for such purchase.</P>
        <P>The recordkeeping requirements in rule 2a-7 are designed to enable Commission staff in its examinations of money market funds to determine compliance with the rule, as well as to ensure that money market funds have established procedures for collecting the information necessary to make adequate credit reviews of securities in their portfolios. The reporting requirements of rule 2a-7 are intended to assist Commission staff in overseeing money market funds and reduce the likelihood that a fund is unable to maintain a stable NAV.</P>
        <P>Commission staff estimates that there are 664 money market funds (136 fund complexes), all of which are subject to rule 2a-7. Commission staff further estimates that there will be approximately 10 new money market funds established each year. Commission staff estimates that rule 2a-7 contains the following collection of information requirements:</P>
        <P>• Record of credit risk analyses, and determinations regarding adjustable rate securities, asset backed securities, securities subject to a demand feature or guarantee, and counterparties to repurchase agreements. Commission staff estimates a total annual hour burden for 664 funds to be 451,520 hours.</P>
        <P>• Establishment of written procedures designed to stabilize NAV and guidelines and procedures for board delegation of authority. Commission staff estimates a total annual hour burden for 10 new money market funds to be 155 hours.</P>
        <P>• Board review of procedures and guidelines of any investment adviser or officers to whom the fund's board has delegated responsibility under rule 2a-7 and amendment of such procedures and guidelines. Commission staff estimates a total annual hour burden for 166 funds to be 830 hours.</P>
        <P>• Written record of board determinations and actions related to failure of a security to meet certain eligibility standards or an event of default or insolvency and notice to the Commission of an event of default or insolvency. Commission staff estimates a total annual hour burden for 20 funds to be 30 hours.</P>
        <P>• Establishment of written procedures to test periodically the ability of the fund to maintain a stable NAV per share based on certain hypothetical events (“stress testing”). Commission staff estimates a total annual hour burden for 10 new money market funds to be 220 hours.</P>
        <P>• Review, revise, and approve written procedures to stress test a fund's portfolio. Commission staff estimates a total annual hour burden for 136 fund complexes to be 1,632 hours.</P>
        <P>• Reports to fund boards on the results of stress testing. Commission staff estimates a total annual hour burden for 136 fund complexes to be 6,800 hours.</P>
        <P>• Monthly posting of money market fund portfolio information on a fund's Web site. Commission staff estimates a total annual hour burden for 664 funds and 10 new money market funds to be 56,016 hours.</P>
        <P>• Notice to the Commission of the purchase of a money market fund's portfolio security by certain affiliated persons in reliance on rule 17a-9. Commission staff estimates a total annual hour burden for 25 fund complexes to be 25 hours.</P>
        <P>Thus, the Commission estimates the total annual burden of the rule's information collection requirements is 517,228 hours.<SU>1</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>1</SU>This estimate is based on the following calculation: 451,520 hours + 155 hours + 830 hours + 30 hours + 220 hours + 1,632 hours + 6,800 hours + 56,016 hours + 25 hours = 517,228 hours.</P>
        </FTNT>
        <P>The estimated total annual burden is being increased from 395,779 hours to 517,228 hours. This net increase is attributable to a combination of factors, including a decrease in the number of money market funds and fund complexes, and updated information from money market funds regarding hourly burdens, including revised staff estimates of the burden hours required to comply with rule 2a-7 as a result of new information received from surveyed fund representatives.</P>
        <P>These estimates of burden hours are made solely for the purposes of the Paperwork Reduction Act. The estimates are not derived from a comprehensive or even a representative survey or study of Commission rules.</P>

        <P>Commission staff estimates that in addition to the costs described above, money market funds will incur costs to preserve records, as required under rule 2a-7. These costs will vary significantly for individual funds, depending on the amount of assets under fund management and whether the fund preserves its records in a storage facility in hard copy or has developed and maintains a computer system to create and preserve compliance records. Commission staff estimates that the amount an individual fund may spend ranges from $100 per year to $300,000. Based on a cost of $0.0051295 per dollar of assets under management for small funds, $0.0005041 per dollar assets under management for medium funds, and $0.0000009 per dollar of assets under management for large funds, the staff estimates compliance with the record storage requirements of rule 2a-<PRTPAGE P="2698"/>7 costs the fund industry approximately $57.3 million per year. Based on responses from individuals in the money market fund industry, the staff estimates that some of the largest fund complexes have created computer programs for maintaining and preserving compliance records for rule 2a-7. Based on a cost of $0.0000132 per dollar of assets under management for large funds, the staff estimates that total annualized capital/startup costs range from $0 for small funds to $35.6 million for all large funds. Commission staff further estimates that, even absent the requirements of rule 2a-7, money market funds would spend at least half of the amount for capital costs ($17.8 million) and for record preservation ($28.65 million) to establish and maintain these records and the systems for preserving them as a part of sound business practices to ensure diversification and minimal credit risk in a portfolio for a fund that seeks to maintain a stable price per share.</P>
        <P>The collection of information under Rule 2a-7 is mandatory. The information provided by the rule is not kept confidential. 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 control number.</P>

        <P>Please direct general comments regarding the above information to the following persons: (i) Desk Officer for the Securities and Exchange Commission, Office of Management and Budget, Room 10102, New Executive Office Building, Washington, DC 20503 or send an email to Shagufta Ahmed at<E T="03">Shagufta_Ahmed@omb.eop.gov;</E>and (ii) Thomas Bayer, Director/CIO, Securities and Exchange Commission, c/o Remi Pavlik-Simon, 6432 General Green Way, Alexandria, VA 22312; or send an email to:<E T="03">PRA_Mailbox@sec.gov.</E>Comments must be submitted to OMB within 30 days of this notice.</P>
        <SIG>
          <DATED>Dated: January 8, 2013.</DATED>
          <NAME>Kevin M. O'Neill,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00517 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8011-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
        <DEPDOC>[OMB Control No. 3235-0658, SEC File No. 270-603]</DEPDOC>
        <SUBJECT>Proposed Collection; Comment Request</SUBJECT>
        <FP SOURCE="FP-1">
          <E T="03">Upon Written Request Copies Available From:</E>Securities and Exchange Commission, Office of Investor Education and Advocacy, Washington, DC 20549-0213.</FP>
        
        <FP SOURCE="FP-1">
          <E T="03">Extension:</E>
        </FP>
        <FP SOURCE="FP1-2">Rule 22e-3.</FP>
        

        <P>Notice is hereby given that, under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501<E T="03">et seq.</E>), the Securities and Exchange Commission (the “Commission”) has submitted to the Office of Management and Budget a request for extension of the previously approved collection of information discussed below.</P>
        <P>Section 22(e) of the Investment Company Act [15 U.S.C. 80a-22(e)] (“Act”) generally prohibits funds, including money market funds, from suspending the right of redemption, and from postponing the payment or satisfaction upon redemption of any redeemable security for more than seven days. The provision was designed to prevent funds and their investment advisers from interfering with the redemption rights of shareholders for improper purposes, such as the preservation of management fees. Although section 22(e) permits funds to postpone the date of payment or satisfaction upon redemption for up to seven days, it does not permit funds to suspend the right of redemption for any amount of time, absent certain specified circumstances or a Commission order.</P>
        <P>Rule 22e-3 under the Act [17 CFR 270.22e-3] exempts money market funds from section 22(e) to permit them to suspend redemptions in order to facilitate an orderly liquidation of the fund. Specifically, rule 22e-3 permits a money market fund to suspend redemptions and postpone the payment of proceeds pending board-approved liquidation proceedings if: (i) the fund's board of directors, including a majority of disinterested directors, determines pursuant to § 270.2a-7(c)(8)(ii)(C) that the extent of the deviation between the fund's amortized cost price per share and its current net asset value per share calculated using available market quotations (or an appropriate substitute that reflects current market conditions) may result in material dilution or other unfair results to investors or existing shareholders; (ii) the fund's board of directors, including a majority of disinterested directors, irrevocably approves the liquidation of the fund; and (iii) the fund, prior to suspending redemptions, notifies the Commission of its decision to liquidate and suspend redemptions. Rule 22e-3 also provides an exemption from section 22(e) for registered investment companies that own shares of a money market fund pursuant to section 12(d)(1)(E) of the Act (“conduit funds”), if the underlying money market fund has suspended redemptions pursuant to the rule. A conduit fund that suspends redemptions in reliance on the exemption provided by rule 22e-3 is required to provide prompt notice of the suspension of redemptions to the Commission. Notices required by the rule must be provided by electronic mail, directed to the attention of the Director of the Division of Investment Management or the Director's designee.<SU>1</SU>
          <FTREF/>Compliance with the notification requirement is mandatory for money market funds and conduit funds that rely on rule 22e-3 to suspend redemptions and postpone payment of proceeds pending a liquidation, and are not kept confidential.</P>
        <FTNT>
          <P>
            <SU>1</SU>
            <E T="03">See</E>rule 22e-3(a)(3).</P>
        </FTNT>
        <P>Commission staff estimates that, on average, one money market fund would break the buck and liquidate every six years.<SU>2</SU>
          <FTREF/>In addition, Commission staff estimate that there are an average of two conduit funds that may be invested in a money market fund that breaks the buck.<SU>3</SU>
          <FTREF/>Commission staff further estimate that a money market fund or conduit fund would spend approximately one hour of an in-house attorney's time to prepare and submit the notice required by the rule. Given these estimates, the total annual burden of the notification requirement of rule 22e-3 for all money market funds and conduit funds would be approximately 30 minutes,<SU>4</SU>
          <FTREF/>at a cost of $189.<SU>5</SU>
          <FTREF/>The estimate of average burden hours is made solely for the purposes of the Paperwork Reduction Act, and is not derived from a comprehensive or even a representative survey or study of the costs of Commission rules and forms.</P>
        <FTNT>
          <P>
            <SU>2</SU>This estimate is based upon the Commission's experience with the frequency with which money market funds have historically required sponsor support. Although the vast majority of money market fund sponsors have supported their money market funds in times of market distress, for purposes of this estimate Commission staff conversatively estimates that one or more sponsors may not provide support.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>3</SU>These estimates are based on a review of filings with the Commission.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>4</SU>This estimate is based on the following calculations: (1 hour ÷ 6 years) = 10 minutes per year for each fund and conduit fund that is required to provide notice under the rule. 10 minutes per year × 3 (combined number of affected funds and conduit funds) = 30 minutes.</P>
        </FTNT>
        <FTNT>
          <P>

            <SU>5</SU>This estimate is based on the following calculation: $378/hour × 30 minutes = $189. The estimated hourly wages used in this PRA analysis were derived from reports prepared by the Securities Industry and Financial Markets Association, modified to account for an 1800-hour work year and multiplied by 5.35 to account for bonuses, firm size, employee benefits and overhead.<E T="03">See</E>Securities Industry and Financial Markets Association,<E T="03">Management &amp; Professional Earnings in the Securities Industry 2011.</E>
          </P>
        </FTNT>
        <PRTPAGE P="2699"/>
        <P>Compliance with the collection of information requirements of the rule is necessary to obtain the benefit of relying on the rule. 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 control number.</P>

        <P>The public may view the background documentation for this information collection at the following Web site,<E T="03">www.reginfo.gov</E>. Comments should be directed to: (i) Desk Officer for the Securities and Exchange Commission, Office of Information and Regulatory Affairs, Office of Management and Budget, Room 10102, New Executive Office Building, Washington, DC 20503, or by sending an email to:<E T="03">Shagufta_Ahmed@omb.eop.gov</E>; and (ii) Thomas Bayer, Chief Information Officer, Securities and Exchange Commission, c/o Remi Pavlik-Simon, 6432 General Green Way, Alexandria, VA 22312 or send an email to:<E T="03">PRA_Mailbox@sec.gov</E>. Comments must be submitted to OMB within 30 days of this notice.</P>
        <SIG>
          <DATED>Dated: January 8, 2013.</DATED>
          <NAME>Kevin M. O'Neill,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00518 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8011-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
        <DEPDOC>[OMB Control No. 3235-0307, SEC File No. 270-21]</DEPDOC>
        <SUBJECT>Submission for OMB Review; Comment Request</SUBJECT>
        <FP SOURCE="FP-1">
          <E T="03">Upon Written Request Copies Available From:</E>Securities and Exchange Commission, Office of Investor Education and Advocacy, Washington, DC 20549-0213.</FP>
        
        <EXTRACT>
          <FP SOURCE="FP-2">
            <E T="03">Extension:</E>
          </FP>
          <FP SOURCE="FP1-2">Form N-1A.</FP>
        </EXTRACT>
        

        <P>Notice is hereby given that pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501<E T="03">et seq.</E>), the Securities and Exchange Commission (“Commission”) has submitted to the Office of Management and Budget (“OMB”) a request for extension of the previously approved collection of information discussed below.</P>

        <P>Form N-1A (17 CFR 239.15A and 274.11A) is the form used by open-end management investment companies (“funds”) under the Investment Company Act of 1940 (15 U.S.C. 80a-1<E T="03">et seq.</E>) (“Investment Company Act”) and/or to register their securities under the Securities Act of 1933 (15 U.S.C. 77a<E T="03">et seq.</E>) (“Securities Act”). Section 5 of the Securities Act (15 U.S.C. 77e) requires the filing of a registration statement prior to the offer of securities to the public and that the statement be effective before any securities are sold, and Section 8 of the Investment Company Act (15 U.S.C. 80a-8) requires a fund to register as an investment company. Form N-1A also permits funds to provide investors with a prospectus and a statement of additional information (“SAI”) covering essential information about the fund when it makes an initial or additional offering of its securities. Section 5(b) of the Securities Act requires that investors be provided with a prospectus containing the information required in a registration statement prior to the sale or at the time of confirmation or delivery of the securities. The form also may be used by the Commission in its regulatory review, inspection, and policy-making roles.</P>
        <P>The Commission estimates that there are 48 initial registration statements and 5,642 post-effective amendments to initial registration statements filed on Form N-1A annually and that the average number of portfolios referenced in initial registration statements is 7.5, and the average number of portfolios referenced in post-effective amendment is 1.7. The Commission further estimates that the hour burden for preparing and filing a post-effective amendment on Form N-1A is 133.75 hours per portfolio. The total annual hour burden for preparing and filing post-effective amendments is 1,279,720 hours (5,642 post-effective amendments × 133.75 hours per portfolio). The estimated annual hour burden for preparing and filing initial registration statements is 298,969 hours (48 initial registration statements × 830.47 hours per portfolio). The total annual hour burden for Form N-1A, therefore, is estimated to be 1,578,689 hours (1,279,720 hours + 298,969 hours).</P>
        <P>The information collection requirements imposed by Form N-1A are mandatory. Responses to the collection of information will not be kept confidential. 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 control number.</P>

        <P>The public may view the background documentation for this information collection at the following Web site,<E T="03">www.reginfo.gov.</E>Comments should be directed to: (i) Desk Officer for the Securities and Exchange Commission, Office of Information and Regulatory Affairs, Office of Management and Budget, Room 10102, New Executive Office Building, Washington, DC 20503, or by sending an email to:<E T="03">Shagufta_Ahmed@omb.eop.gov;</E>and (ii) Thomas Bayer, Chief Information Officer, Securities and Exchange Commission, c/o Remi Pavlik-Simon, 6432 General Green Way, Alexandria, VA 22312 or send an email to:<E T="03">PRA_Mailbox@sec.gov.</E>Comments must be submitted to OMB within 30 days of this notice.</P>
        <SIG>
          <DATED>Dated: January 8, 2013.</DATED>
          <NAME>Kevin M. O'Neill,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00519 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8011-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
        <SUBJECT>Proposed Collection; Comment Request</SUBJECT>
        <FP SOURCE="FP-1">
          <E T="03">Upon Written Request Copy Available From:</E>Securities and Exchange Commission, Office of Investor Education and Advocacy, Washington, DC 20549-0213.</FP>
        
        <EXTRACT>
          <FP SOURCE="FP-2">
            <E T="03">Extension:</E>
          </FP>
          <FP SOURCE="FP1-2">Form N-8A, OMB Control No. 3235-0175, File No. 270-135.</FP>
        </EXTRACT>
        

        <P>Notice is hereby given that, pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501<E T="03">et seq.</E>), the Securities and Exchange Commission (the “Commission”) has submitted to the Office of Management and Budget a request for extension of the previously approved collection of information discussed below.</P>

        <P>The Investment Company Act of 1940, as amended (“1940 Act”) (15 U.S.C. 80a-1<E T="03">et seq.</E>), requires investment companies to register with the Commission before they conduct any business in interstate commerce. Section 8(a) of the 1940 Act provides that an investment company shall be deemed to be registered upon receipt by the Commission of a notification of registration in such form as the Commission prescribes. Form N-8A (17 CFR 274.10) is the form for notification of registration that the Commission has adopted under section 8(a). The purpose of such notification of registration provided on Form N-8A is to notify the Commission of the existence of investment companies required to be registered under the 1940 Act and to enable the Commission to administer the provisions of the 1940 Act with respect to those companies. After an investment company has filed its notification of registration under section 8(a), the company is then subject to the provisions of the 1940 Act which govern certain aspects of its organization and<PRTPAGE P="2700"/>activities, such as the composition of its board of directors and the issuance of senior securities. Form N-8A requires an investment company to provide its name, state of organization, form of organization, classification, the name and address of each investment adviser of the investment company, the current value of its total assets and certain other information readily available to the investment company. If the investment company is filing a registration statement as required by Section 8(b) of the 1940 Act concurrently with its notification of registration, Form N-8A requires only that the registrant file the cover page (giving its name, address and agent for service of process) and sign the form in order to effect registration.</P>
        <P>Each year approximately 130 investment companies file a notification on Form N-8A, which is required to be filed only once by an investment company. The Commission estimates that preparing Form N-8A requires an investment company to spend approximately 1 hour so that the total burden of preparing Form N-8A for all affected investment companies is 130 hours. Estimates of average burden hours are made solely for the purposes of the Paperwork Reduction Act, and are not derived from a comprehensive or even a representative survey or study of the costs of Commission rules and forms.</P>
        <P>The collection of information on Form N-8A is mandatory. The information provided on Form N-8A is not kept confidential. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.</P>

        <P>The public may view the background documentation for this information collection at the following Web site,<E T="03">www.reginfo.gov.</E>Comments should be directed to: (i) Desk Officer for the Securities and Exchange Commission, Office of Information and Regulatory Affairs, Office of Management and Budget, Room 10102, New Executive Office Building, Washington, DC 20503, or by sending an email to:<E T="03">Shagufta_Ahmed@omb.eop.gov;</E>and (ii) Thomas Bayer, Chief Information Officer, Securities and Exchange Commission, c/o Remi Pavlik-Simon, 6432 General Green Way, Alexandria, VA 22312 or send an email to:<E T="03">PRA_Mailbox@sec.gov.</E>Comments must be submitted to OMB within 30 days of this notice.</P>
        <SIG>
          <DATED>Dated: January 8, 2013.</DATED>
          <NAME>Kevin M. O'Neill,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00520 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8011-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
        <DEPDOC>[Investment Company Act Release No. 30345; File No. 812-13895]</DEPDOC>
        <SUBJECT>First Trust Exchange-Traded Fund, et al.; Notice of Application</SUBJECT>
        <DATE>January 8, 2013.</DATE>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Securities and Exchange Commission (“Commission”).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of an application for an order under section 12(d)(1)(J) of the Investment Company Act of 1940 (the “1940 Act”) for exemptions from sections 12(d)(1)(A), (B), and (C) of the 1940 Act, under sections 6(c) and 17(b) of the 1940 Act for an exemption from section 17(a) of the 1940 Act, and under section 6(c) of the 1940 Act for an exemption from rule 12d1-2(a) under the 1940 Act.</P>
        </ACT>
        <PREAMHD>
          <HD SOURCE="HED">Summary of the Application:</HD>
          <P>Applicants request an order that would (a) permit certain registered open-end management investment companies that operate as “funds of funds” to acquire shares of certain registered open-end management investment companies, registered closed-end management investment companies, “business development companies,” as defined by section 2(a)(48) of the 1940 Act, and registered unit investment trusts that are within or outside the same group of investment companies as the acquiring investment companies and (b) permit certain registered open-end management investment companies relying on rule 12d1-2 under the 1940 Act to invest in certain financial instruments.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">Applicants:</HD>
          <P>First Trust Exchange-Traded Fund, First Trust Exchange-Traded Fund II, First Trust Exchange-Traded Fund III, First Trust Exchange-Traded Fund IV, First Trust Exchange-Traded Fund V, First Trust Exchange-Traded Fund VI, First Trust Exchange-Traded Fund VII, First Trust Exchange-Traded AlphaDEX Fund and First Trust Exchange-Traded AlphaDEX Fund II (each an “ETF Trust”), First Trust Series Fund (the “Series Trust”), First Defined Portfolio Fund, LLC (“First Defined”), First Trust Variable Insurance Trust (“Variable Insurance Trust” and, together with First Defined, the Series Trust and the ETF Trusts, the “Acquiring Companies”), First Trust Advisors L.P. (the “Advisor”) and First Trust Portfolios L.P. (the “Distributor”).</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">Filing Dates:</HD>
          <P>The application was filed on April 29, 2011, and amended on October 21, 2011, May 18, 2012, September 14, 2012, and January 3, 2013.</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 February 4, 2013, 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, 120 East Liberty Drive, Suite 400, Wheaton, Illinois 60187.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Jill Ehrlich, Senior Counsel, at (202) 551-6819, or David P. Bartels, 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 summary of the application. The complete application may be obtained via the Commission's Web site by searching for the file number, or for 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. Each Acquiring Company other than First Defined was organized as a Massachusetts business trust, and each Fund (as defined below) will pursue its own investment objective(s) and strategies.<SU>1</SU>
          <FTREF/>Each Acquiring Company is<PRTPAGE P="2701"/>or will be registered as an open-end management investment company under the 1940 Act.<SU>2</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>1</SU>Shares of series of the Variable Insurance Trust and interests in series of First Defined, which is organized as a Delaware limited liability company, are not offered directly to the public. Shares of series of the Variable Insurance Trust are offered to separate accounts that are registered as investment companies under the 1940 Act (“Registered Separate Accounts”) or that are not registered under the 1940 Act (“Unregistered Separate Accounts,” collectively with Registered Separate Accounts, “Separate Accounts”) of affiliated and unaffiliated insurance companies as the underlying investment vehicles for the variable life insurance and variable<PRTPAGE/>annuity contracts (collectively, “variable insurance contracts”) issued by the insurance companies (owners of such contracts, “contract holders”). They are also offered to qualified pension and retirement plans. Interests in series of First Defined are offered to a Registered Separate Account of an unaffiliated insurance company as an underlying investment vehicle for the variable insurance contracts that the insurance company issues.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>2</SU>Applicants request that the order apply not only to any existing series of the Acquiring Companies, but that the order also extend to any future series of the Acquiring Companies, and any other existing or future registered open-end management investment companies and any series thereof that are part of the same group of investment companies, as defined in section 12(d)(1)(G)(ii) of 1940 Act, as the Acquiring Companies and are, or may in the future be, advised by the Advisor or any other investment adviser controlling, controlled by, or under common control with the Advisor (together with the existing series of the Acquiring Companies, each series a “Fund,” and collectively, the “Funds”). All entities that currently intend to rely on the requested order are named as applicants. Any other entity that relies on the order in the future will comply with the terms and conditions of the application.</P>
        </FTNT>
        <P>2. The Advisor, an Illinois limited partnership, is a registered investment adviser under the Investment Advisers Act of 1940 and serves as the investment adviser to each of the Funds of Funds (as defined below).<SU>3</SU>
          <FTREF/>The Distributor is a Broker (as defined below) and currently serves as the Funds' principal underwriter and distributor.</P>
        <FTNT>
          <P>
            <SU>3</SU>All references to the term “Advisor” include successors-in-interest to the Advisor. A successor-in-interest is limited to an entity that results from a reorganization into another jurisdiction or a change in the type of business organization.</P>
        </FTNT>
        <P>3. Applicants request relief to the extent necessary to permit: (a) A Fund (each, a “Fund of Funds,” and collectively, the “Funds of Funds”) to acquire shares of registered open-end management investment companies (each an “Unaffiliated Open-End Investment Company”), registered closed-end management investment companies, “business development companies” as defined by section 2(a)(48) of the 1940 Act (“business development companies”) (each registered closed-end management investment company and each business development company, an “Unaffiliated Closed-End Investment Company” and, together with the Unaffiliated Open-End Investment Companies, the “Unaffiliated Investment Companies”), and registered unit investment trusts (“UITs”) (the “Unaffiliated Trusts,” and together with the Unaffiliated Investment Companies, the “Unaffiliated Funds”), in each case, that are not part of the same “group of investment companies” as the Funds of Funds;<SU>4</SU>
          <FTREF/>(b) the Unaffiliated Funds, their principal underwriters and any broker or dealer registered under the Securities Exchange Act of 1934 (the “1934 Act”) (“Broker”) to sell shares of such Unaffiliated Funds to the Funds of Funds; (c) the Funds of Funds to acquire shares of other registered investment companies, including open-end management investment companies and series thereof, closed-end management investment companies and UITs, as well as business development companies (if any), in the same group of investment companies as the Funds of Funds (collectively, the “Affiliated Funds,” and, together with the Unaffiliated Funds, the “Underlying Funds”);<SU>5</SU>
          <FTREF/>and (d) the Affiliated Funds, their principal underwriters and any Broker to sell shares of the Affiliated Funds to the Funds of Funds.<SU>6</SU>
          <FTREF/>Applicants also request an order under sections 6(c) and 17(b) of the 1940 Act to exempt applicants from section 17(a) to the extent necessary to permit Underlying Funds organized as open-end investment companies (“Underlying Open-End Funds”) to sell their shares to Funds of Funds and redeem their shares from Funds of Funds.<SU>7</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>4</SU>For purposes of the request for relief from Sections 12(d)(1)(A), (B), and (C) of the 1940 Act, the term “group of investment companies” means any two or more registered investment companies, including closed-end investment companies, that hold themselves out to investors as related companies for purposes of investment and investor services.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>5</SU>Certain of the Underlying Funds may be registered under the 1940 Act as either UITs or open-end management investment companies and have obtained exemptions from the Commission necessary to permit their shares to be listed and traded on a national securities exchange at negotiated prices and, accordingly, to operate as exchange-traded funds (collectively, “ETFs” and each, an “ETF”). In addition, certain of the Underlying Funds currently pursue, or may in the future pursue, their investment objectives through a master-feeder arrangement in reliance on section 12(d)(1)(E) of the 1940 Act. In accordance with condition 12, a Fund of Funds may not invest in an Underlying Fund that operates as a feeder fund unless the feeder fund is part of the same “group of investment companies” as its corresponding master fund or the Fund of Funds. If a Fund of Funds invests in an Affiliated Fund that operates as a feeder fund and the corresponding master fund is not within the same “group of investment companies” as the Fund of Funds and Affiliated Fund, the master fund would be an Unaffiliated Fund for purposes of the application and its conditions.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>6</SU>With respect to investments in business development companies, applicants only seek an exemption from section 12(d)(1)(A) of the 1940 Act, not section 12(d)(1)(C). Applicants state that they do not believe that investments in business development companies present any particular considerations or concerns that may be different from those presented by investments in registered closed-end investment companies.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>7</SU>Applicants note that a Fund of Funds will purchase and sell shares of an Underlying Fund that is a closed-end fund through secondary market transactions at market prices rather than through principal transactions with the closed-end fund. Accordingly, applicants are not requesting section 17(a) relief with respect to principal transactions with closed-end funds.</P>
        </FTNT>
        <P>4. Applicants also request an exemption under section 6(c) from rule 12d1-2 under the 1940 Act to permit any existing or future Fund of Funds that relies on section 12(d)(1)(G) of the 1940 Act (“Section 12(d)(1)(G) Fund of Funds”) and that otherwise complies with rule 12d1-2 under the 1940 Act, to also invest, to the extent consistent with its investment objective(s), policies, strategies and limitations, in other financial instruments that may not be securities within the meaning of section 2(a)(36) of the 1940 Act (“Other Investments”).</P>
        <HD SOURCE="HD1">Applicants' Legal Analysis</HD>
        <HD SOURCE="HD2">A. Section 12(d)(1)</HD>
        <P>1. Section 12(d)(1)(A) of the 1940 Act, in relevant part, prohibits a registered investment company from acquiring shares of an investment company if the securities represent more than 3% of the total outstanding voting stock of the acquired company, more than 5% of the total assets of the acquiring company, or, together with the securities of any other investment companies, more than 10% of the total assets of the acquiring company. Section 12(d)(1)(B) of the 1940 Act prohibits a registered open-end investment company, its principal underwriter, and any Broker from selling the investment company's shares to another investment company if the sale will cause the acquiring company to own more than 3% of the acquired company's voting stock, or if the sale will cause more than 10% of the acquired company's voting stock to be owned by investment companies generally. Section 12(d)(1)(C) prohibits an investment company from acquiring any security issued by a registered closed-end investment company if such acquisition would result in the acquiring company, any other investment companies having the same investment adviser, and companies controlled by such investment companies, collectively, owning more than 10% of the outstanding voting stock of the registered closed-end investment company.</P>

        <P>2. Section 12(d)(1)(J) of the 1940 Act provides that the Commission may exempt any person, security, or transaction, or any class or classes of persons, securities or transactions, from any provision of section 12(d)(1) if the exemption is consistent with the public interest and the protection of investors. Applicants request an exemption under<PRTPAGE P="2702"/>section 12(d)(1)(J) of the 1940 Act from the limitations of sections 12(d)(1)(A), (B) and (C) to the extent necessary to permit: (i) the Funds of Funds to acquire shares of Underlying Funds in excess of the limits set forth in section 12(d)(1)(A) and (C) of the 1940 Act; and (ii) the Underlying Funds, their principal underwriters and any Broker to sell shares of the Underlying Funds to the Funds of Funds in excess of the limits set forth in section 12(d)(1)(B) of the 1940 Act.</P>
        <P>3. Applicants state that the proposed arrangement will not give rise to the policy concerns underlying sections 12(d)(1)(A), (B), and (C), which include concerns about undue influence by a fund of funds over underlying funds, excessive layering of fees, and overly complex fund structures. Accordingly, applicants believe that the requested exemption is consistent with the public interest and the protection of investors.</P>
        <P>4. Applicants submit that the proposed structure will not result in the exercise of undue influence by a Fund of Funds or its affiliated persons over the Underlying Funds. Applicants assert that the concern about undue influence does not arise in connection with a Fund of Funds' investment in the Affiliated Funds because they are part of the same group of investment companies. To limit the control a Fund of Funds or Fund of Funds Affiliate<SU>8</SU>
          <FTREF/>may have over an Unaffiliated Fund, applicants propose a condition prohibiting the Advisor and any person controlling, controlled by or under common control with the Advisor, and any investment company and any issuer that would be an investment company but for section 3(c)(1) or section 3(c)(7) of the 1940 Act advised or sponsored by the Advisor or any person controlling, controlled by or under common control with the Advisor (collectively, the “Group”) from controlling (individually or in the aggregate) an Unaffiliated Fund within the meaning of section 2(a)(9) of the 1940 Act. The same prohibition would apply to any other investment adviser within the meaning of section 2(a)(20)(B) of the 1940 Act to a Fund of Funds (“Sub-Adviser”) and any person controlling, controlled by or under common control with the Sub-Adviser, and any investment company or issuer that would be an investment company but for section 3(c)(1) or 3(c)(7) of the 1940 Act (or portion of such investment company or issuer) advised or sponsored by the Sub-Adviser or any person controlling, controlled by or under common control with the Sub-Adviser (collectively, the “Sub-Adviser Group”).</P>
        <FTNT>
          <P>
            <SU>8</SU>A “Fund of Funds Affiliate” is the Advisor, any Sub-Adviser, promoter or principal underwriter of a Fund of Funds, as well as any person controlling, controlled by or under common control with any of those entities. An “Unaffiliated Fund Affiliate” is an investment adviser(s), sponsor, promoter or principal underwriter of any Unaffiliated Fund or any person controlling, controlled by or under common control with any of those entities.</P>
        </FTNT>
        <P>5. With respect to closed-end underlying funds, applicants submit that one significant difference from open-end underlying funds is that, whereas open-end underlying funds may be unduly influenced by the threat of large-scale redemptions, closed-end underlying funds cannot be so influenced because they do not issue redeemable securities and, therefore, are not subject to large-scale redemptions. On the other hand, applicants state that closed-end underlying funds may be unduly influenced by a holder's ability to vote a large block of stock. To address this concern, applicants submit that, with respect to a Fund's investment in an Unaffiliated Closed-End Investment Company, (i) each member of the Group or Sub-Adviser Group that is an investment company or an issuer that would be an investment company but for section 3(c)(1) or 3(c)(7) of the 1940 Act will vote its shares of the Unaffiliated Closed-End Investment Company in the manner prescribed by section 12(d)(1)(E) of the 1940 Act and (ii) each other member of the Group or Sub-Adviser Group will vote its shares of the Unaffiliated Closed-End Investment Company in the same proportion as the vote of all other holders of the same type of such Unaffiliated Closed-End Investment Company's shares (except that any member of the Group or Sub-Adviser Group that is a Separate Account will instead be subject to the separate but similar voting procedures described in condition 1 below). Applicants state that, in this way, an Unaffiliated Closed-End Investment Company will be protected from undue influence by a Fund of Funds through the voting of the Unaffiliated Closed-End Investment Company's shares.</P>
        <P>6. Applicants propose other conditions to limit the potential for undue influence over the Unaffiliated Funds, including that no Fund of Funds or Fund of Funds Affiliate (except to the extent it is acting in its capacity as an investment adviser to an Unaffiliated Investment Company or sponsor to an Unaffiliated Trust) will cause an Unaffiliated Fund to purchase a security in an offering of securities during the existence of any underwriting or selling syndicate of which a principal underwriter is an Underwriting Affiliate (“Affiliated Underwriting”).<SU>9</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>9</SU>An “Underwriting Affiliate” is a principal underwriter in any underwriting or selling syndicate that is an officer, director, trustee, advisory board member, investment adviser, sub-adviser or employee of the Fund of Funds, or a person of which any such officer, director, trustee, investment adviser, sub-adviser, member of an advisory board or employee is an affiliated person. An Underwriting Affiliate does not include any person whose relationship to an Unaffiliated Fund is covered by section 10(f) of the 1940 Act.</P>
        </FTNT>
        <P>7. To further ensure that an Unaffiliated Investment Company understands the implications of a Fund of Funds' investment under the requested exemptive relief, prior to its investment in the shares of an Unaffiliated Investment Company in excess of the limit of section 12(d)(1)(A)(i) of the 1940 Act, a Fund of Funds and the Unaffiliated Investment Company will execute an agreement stating, without limitation, that each of their boards of directors or trustees (each, a “Board”) and their investment advisers understand the terms and conditions of the order and agree to fulfill their responsibilities under the order (the “Participation Agreement”). Applicants note that an Unaffiliated Investment Company (including an ETF or an Unaffiliated Closed-End Investment Company) would also retain its right to reject any initial investment by a Fund of Funds in excess of the limits in section 12(d)(1)(A)(i) of the 1940 Act by declining to execute the Participation Agreement with the Fund of Funds. In addition, an Unaffiliated Investment Company (other than an ETF or closed-end fund whose shares are purchased by a Fund of Funds in the secondary market) will retain its right at all times to reject any investment by a Fund of Funds. Finally, subject solely to the giving of notice to a Fund of Funds and the passage of a reasonable notice period, an Unaffiliated Fund (including a closed-end fund) could terminate a Participation Agreement with the Fund of Funds.</P>

        <P>8. Applicants state that they do not believe that the proposed arrangement will result in excessive layering of fees. The Board of each Fund of Funds, including a majority of the trustees who are not “interested persons” within the meaning of section 2(a)(19) of the 1940 Act (the “Independent Trustees”), will find that the management or advisory fees charged under a Fund of Funds' advisory contract are based on services provided that are in addition to, rather than duplicative of, services provided under the advisory contract(s) of any Underlying Fund in which the Fund of Funds may invest. In addition, the Advisor will waive fees otherwise<PRTPAGE P="2703"/>payable to it by a Fund of Funds in an amount at least equal to any compensation (including fees received pursuant to any plan adopted by an Unaffiliated Investment Company under rule 12b-1 under the 1940 Act) received from an Unaffiliated Fund by the Advisor, or an affiliated person of the Advisor, other than any advisory fees paid to the Advisor or an affiliated person of the Advisor by the Unaffiliated Investment Company, in connection with the investment by the Fund of Funds in the Unaffiliated Fund.</P>
        <P>9. Applicants further state that, with respect to Registered Separate Accounts that invest in a Fund of Funds, no sales load will be charged at the Fund of Funds level or at the Underlying Fund level. Other sales charges and service fees, as defined in rule 2830 of the Conduct Rules of the NASD (“NASD Conduct Rule 2830”),<SU>10</SU>
          <FTREF/>if any, will only be charged at the Fund of Funds level or at the Underlying Fund level, not both. With respect to other investments in a Fund of Funds, any sales charges and/or service fees charged with respect to shares of a Fund of Funds will not exceed the limits applicable to funds of funds set forth in NASD Conduct Rule 2830.</P>
        <FTNT>
          <P>
            <SU>10</SU>Any references to NASD Conduct Rule 2830 include any successor or replacement FINRA rule to NASD Conduct Rule 2830.</P>
        </FTNT>
        <P>10. Applicants assert that each Fund of Funds will represent in the Participation Agreement that no insurance company sponsoring a Separate Account funding variable insurance contracts will be permitted to invest in the Fund of Funds unless the insurance company has certified to the Fund of Funds that the aggregate of all fees and charges associated with each contract that invests in the Fund of Funds, including fees and charges at the Separate Account, Fund of Funds, and the Underlying Fund levels, are reasonable in relation to the services rendered, the expenses expected to be incurred, and the risks assumed by the insurance company.</P>
        <P>11. Applicants submit that the proposed arrangement will not create an overly complex fund structure. Applicants note that no Underlying Fund will acquire securities of any other investment company or company relying on section 3(c)(1) or 3(c)(7) of the 1940 Act in excess of the limits contained in section 12(d)(1)(A) of the 1940 Act, except in certain circumstances identified in condition 12 below.</P>
        <HD SOURCE="HD2">B. Section 17(a)</HD>
        <P>1. Section 17(a) of the 1940 Act generally prohibits sales or purchases of securities between a registered investment company and any affiliated person of the company. Section 2(a)(3) of the 1940 Act defines an “affiliated person” of another person to include (a) any person directly or indirectly owning, controlling, or holding with power to vote, 5% or more of the outstanding voting securities of the other person; (b) any person 5% or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote by the other person; and (c) any person directly or indirectly controlling, controlled by, or under common control with the other person.</P>
        <P>2. Applicants state that the Funds of Funds and the Affiliated Funds may be deemed to be under the common control of the Advisor and, therefore, affiliated persons of one another. Applicants also state that the Funds of Funds and the Underlying Open-End Funds may also be deemed to be affiliated persons of one another if a Fund of Funds owns 5% or more of the outstanding voting securities of one or more of such Underlying Open-End Funds. Applicants state that the sale of shares by the Underlying Open-End Funds to the Funds of Funds and the purchase of those shares from the Funds of Funds by the Underlying Open-End Funds (through redemptions) could be deemed to violate section 17(a).<SU>11</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>11</SU>Applicants acknowledge that receipt of any compensation by (a) an affiliated person of a Fund of Funds, or an affiliated person of such person, for the purchase by the Fund of Funds of shares of an Underlying Fund or (b) an affiliated person of an Underlying Fund, or an affiliated person of such person, for the sale by the Underlying Fund of its shares to a Fund of Funds may be prohibited by section 17(e)(1) of the 1940 Act. The Participation Agreement also will include this acknowledgement.</P>
        </FTNT>
        <P>3. Section 17(b) of the 1940 Act authorizes the Commission to grant an order permitting a transaction otherwise prohibited by section 17(a) if it finds that (i) the terms of the proposed transaction are fair and reasonable and do not involve overreaching on the part of any person concerned; (ii) the proposed transaction is consistent with the policies of each registered investment company concerned; and (iii) the proposed transaction is consistent with the general purposes of the 1940 Act. Section 6(c) of the 1940 Act permits the Commission to exempt any person or transactions from any provision of the 1940 Act if such exemption is necessary or appropriate in the public interest and consistent with the protection of investors and the purposes fairly intended by the policy and provisions of the 1940 Act.</P>
        <P>4. Applicants submit that the proposed transactions satisfy the standards for relief under sections 17(b) and 6(c) of the 1940 Act. Applicants state that the terms of the transactions are reasonable and fair and do not involve overreaching. Applicants state that the terms upon which an Underlying Open-End Fund will sell its shares to or purchase its shares from a Fund of Funds will be based on the net asset value of each Underlying Open-End Fund.<SU>12</SU>
          <FTREF/>Applicants also state that the proposed transactions will be consistent with the policies of each Fund of Funds and Underlying Open-End Fund, and with the general purposes of the 1940 Act.</P>
        <FTNT>
          <P>
            <SU>12</SU>Applicants note that a Fund of Funds generally would purchase and sell shares of an Underlying Fund that operates as an ETF through secondary market transactions rather than through principal transactions with the Underlying Fund. Applicants nevertheless request relief from sections 17(a)(1) and (2) to permit each Fund of Funds that is an affiliated person, or an affiliated person of an affiliated person, as defined in section 2(a)(3) of the 1940 Act, of an ETF to purchase or redeem shares from the ETF. Applicants are not seeking relief from section 17(a) for, and the requested relief will not apply to, transactions where an ETF could be deemed an affiliated person, or an affiliated person of an affiliated person, of a Fund of Funds because an investment adviser to the ETF or an entity controlling, controlled by or under common control with the investment adviser to the ETF is also an investment adviser to the Fund of Funds. Applicants note that a Fund of Funds will purchase and sell shares of an Underlying Fund that is a closed-end fund through secondary market transactions at market prices rather than through principal transactions with the closed-end fund. Accordingly, applicants are not requesting section 17(a) relief with respect to principal transactions with closed-end funds.</P>
        </FTNT>
        <HD SOURCE="HD2">C. Other Investments by Section 12(d)(1)(G) Funds of Funds</HD>

        <P>1. Section 12(d)(1)(G) of the 1940 Act provides that section 12(d)(1) will not apply to securities of an acquired company purchased by an acquiring company if: (i) the acquiring company and acquired company are part of the same “group of investment companies,” as defined in section 12(d)(1)(G)(ii) of the 1940 Act; (ii) the acquiring company holds only securities of acquired companies that are part of the same “group of investment companies,” as defined in section 12(d)(1)(G)(ii) of the 1940 Act, government securities, and short-term paper; (iii) the aggregate sales loads and distribution-related fees of the acquiring company and the acquired company are not excessive under rules adopted pursuant to section 22(b) or section 22(c) of the 1940 Act by a securities association registered under section 15A of the 1934 Act or by the Commission; and (iv) the acquired<PRTPAGE P="2704"/>company has a policy that prohibits it from acquiring securities of registered open-end management investment companies or registered UITs in reliance on section 12(d)(1)(F) or (G) of the 1940 Act.</P>
        <P>2. Rule 12d1-2 under the 1940 Act permits a registered open-end investment company or a registered UIT that relies on section 12(d)(1)(G) of the 1940 Act to acquire, in addition to securities issued by another registered investment company in the same group of investment companies, government securities, and short-term paper: (1) Securities issued by an investment company that is not in the same group of investment companies, when the acquisition is in reliance on section 12(d)(1)(A) or 12(d)(1)(F) of the 1940 Act; (2) securities (other than securities issued by an investment company); and (3) securities issued by a money market fund, when the investment is in reliance on rule 12d1-1 under the 1940 Act. For the purposes of rule 12d1-2, “securities” means any security as defined in section 2(a)(36) of the 1940 Act.</P>
        <P>3. Applicants state that the proposed arrangement would comply with rule 12d1-2 under the 1940 Act, but for the fact that the Section 12(d)(1)(G) Funds of Funds may invest a portion of their assets in Other Investments. Applicants request an order under section 6(c) of the 1940 Act for an exemption from rule 12d1-2(a) to allow the Section 12(d)(1)(G) Funds of Funds to invest in Other Investments. Applicants assert that permitting a Section 12(d)(1)(G) Fund of Funds to invest in Other Investments as described in the application would not raise any of the concerns that section 12(d)(1) of the 1940 Act was intended to address.</P>
        <P>4. Consistent with its fiduciary obligations under the 1940 Act, a Section 12(d)(1)(G) Fund of Funds' Board will review the advisory fees charged by the Section 12(d)(1)(G) Fund of Funds' investment adviser(s) to ensure that the fees are based on services provided that are in addition to, rather than duplicative of, services provided pursuant to the advisory agreement of any investment company in which the Section 12(d)(1)(G) Fund of Funds may invest.</P>
        <HD SOURCE="HD1">Applicants' Conditions</HD>
        <HD SOURCE="HD2">A. Investments by Funds of Funds in Underlying Funds</HD>
        <P>Applicants agree that the order granting the requested relief to permit Funds of Funds to invest in Underlying Funds shall be subject to the following conditions:</P>
        <P>1. The members of the Group will not control (individually or in the aggregate) an Unaffiliated Fund within the meaning of section 2(a)(9) of the 1940 Act. The members of a Sub-Adviser Group will not control (individually or in the aggregate) an Unaffiliated Fund within the meaning of section 2(a)(9) of the 1940 Act. With respect to a Fund's investment in an Unaffiliated Closed-End Investment Company, (i) each member of the Group or Sub-Adviser Group that is an investment company or an issuer that would be an investment company but for section 3(c)(1) or 3(c)(7) of the 1940 Act will vote its shares of the Unaffiliated Closed-End Investment Company in the manner prescribed by section 12(d)(1)(E) of the 1940 Act and (ii) each other member of the Group or Sub-Adviser Group will vote its shares of the Unaffiliated Closed-End Investment Company in the same proportion as the vote of all other holders of the same type of such Unaffiliated Closed-End Investment Company's shares (except that any member of the Group or Sub-Adviser Group that is a Separate Account will instead be subject to the voting procedures described below). If, as a result of a decrease in the outstanding voting securities of any other Unaffiliated Fund, the Group or a Sub-Adviser Group, each in the aggregate, becomes a holder of more than 25 percent of the outstanding voting securities of such Unaffiliated Fund, then the Group or the Sub-Adviser Group (except for any member of the Group or Sub-Adviser Group that is a Separate Account) will vote its shares of the Unaffiliated Fund in the same proportion as the vote of all other holders of the Unaffiliated Fund's shares. This condition will not apply to a Sub-Adviser Group with respect to an Unaffiliated Fund for which the Sub-Adviser or a person controlling, controlled by or under common control with the Sub-Adviser acts as the investment adviser within the meaning of section 2(a)(20)(A) of the 1940 Act (in the case of an Unaffiliated Investment Company) or as the sponsor (in the case of an Unaffiliated Trust).</P>
        <P>A Registered Separate Account will seek voting instructions from its contract holders and will vote its shares of an Unaffiliated Fund in accordance with the instructions received and will vote those shares for which no instructions were received in the same proportion as the shares for which instructions were received. An Unregistered Separate Account will either (a) vote its shares of the Unaffiliated Fund in the same proportion as the vote of all other holders of the Unaffiliated Fund's shares or (b) seek voting instructions from its contract holders and vote its shares in accordance with the instructions received and vote those shares for which no instructions were received in the same proportion as the shares for which instructions were received.</P>
        <P>2. No Fund of Funds or Fund of Funds Affiliate will cause any existing or potential investment by the Fund of Funds in an Unaffiliated Fund to influence the terms of any services or transactions between the Fund of Funds or a Fund of Funds Affiliate and the Unaffiliated Fund or an Unaffiliated Fund Affiliate.</P>
        <P>3. The Board of each Fund of Funds, including a majority of the Independent Trustees, will adopt procedures reasonably designed to ensure that its Advisor and any Sub-Adviser to the Fund of Funds are conducting the investment program of the Fund of Funds without taking into account any consideration received by the Fund of Funds or Fund of Funds Affiliate from an Unaffiliated Investment Company or Unaffiliated Trust or any Unaffiliated Fund Affiliate of such Unaffiliated Investment Company or Unaffiliated Trust in connection with any services or transactions.</P>
        <P>4. Once an investment by a Fund of Funds in the securities of an Unaffiliated Investment Company exceeds the limit of section 12(d)(1)(A)(i) of the 1940 Act, the Board of the Unaffiliated Investment Company, including a majority of the Independent Trustees, will determine that any consideration paid by the Unaffiliated Investment Company to a Fund of Funds or a Fund of Funds Affiliate in connection with any services or transactions: (a) Is fair and reasonable in relation to the nature and quality of the services and benefits received by the Unaffiliated Investment Company; (b) is within the range of consideration that the Unaffiliated Investment Company would be required to pay to another unaffiliated entity in connection with the same services or transactions; and (c) does not involve overreaching on the part of any person concerned. This condition does not apply with respect to any services or transactions between an Unaffiliated Investment Company and its investment adviser(s), or any person controlling, controlled by, or under common control with such investment adviser(s).</P>

        <P>5. No Fund of Funds or Fund of Funds Affiliate (except to the extent it is acting in its capacity as an investment adviser to an Unaffiliated Investment<PRTPAGE P="2705"/>Company or sponsor to an Unaffiliated Trust) will cause an Unaffiliated Fund to purchase a security in any Affiliated Underwriting.</P>
        <P>6. The Board of an Unaffiliated Investment Company, including a majority of the Independent Trustees, will adopt procedures reasonably designed to monitor any purchases of securities by the Unaffiliated Investment Company in an Affiliated Underwriting once an investment by a Fund of Funds in the securities of the Unaffiliated Investment Company exceeds the limit of section 12(d)(1)(A)(i) of the 1940 Act, including any purchases made directly from an Underwriting Affiliate. The Board of the Unaffiliated Investment Company will review these purchases periodically, but no less frequently than annually, to determine whether the purchases were influenced by the investment by the Fund of Funds in the Unaffiliated Investment Company. The Board of the Unaffiliated Investment Company will consider, among other things: (a) whether the purchases were consistent with the investment objectives and policies of the Unaffiliated Investment Company; (b) how the performance of securities purchased in an Affiliated Underwriting compares to the performance of comparable securities purchased during a comparable period of time in underwritings other than Affiliated Underwritings or to a benchmark such as a comparable market index; and (c) whether the amount of securities purchased by the Unaffiliated Investment Company in Affiliated Underwritings and the amount purchased directly from an Underwriting Affiliate have changed significantly from prior years. The Board of the Unaffiliated Investment Company will take any appropriate actions based on its review, including, if appropriate, the institution of procedures designed to ensure that purchases of securities in Affiliated Underwritings are in the best interests of shareholders.</P>
        <P>7. Each Unaffiliated Investment Company will maintain and preserve permanently, in an easily accessible place, a written copy of the procedures described in the preceding condition, and any modifications to such procedures, and will maintain and preserve for a period of not less than six years from the end of the fiscal year in which any purchase in an Affiliated Underwriting occurred, the first two years in an easily accessible place, a written record of each purchase of securities in an Affiliated Underwriting once an investment by a Fund of Funds in the securities of an Unaffiliated Investment Company exceeds the limit of section 12(d)(1)(A)(i) of the 1940 Act, setting forth (1) the party from whom the securities were acquired, (2) the identity of the underwriting syndicate's members, (3) the terms of the purchase, and (4) the information or materials upon which the determinations of the Board of the Unaffiliated Investment Company were made.</P>
        <P>8. Prior to its investment in shares of an Unaffiliated Investment Company in excess of the limit set forth in section 12(d)(1)(A)(i) of the 1940 Act, the Fund of Funds and the Unaffiliated Investment Company will execute a Participation Agreement stating, without limitation, that their Boards and their investment advisers understand the terms and conditions of the order and agree to fulfill their responsibilities under the order. At the time of its investment in shares of an Unaffiliated Investment Company in excess of the limit set forth in section 12(d)(1)(A)(i), a Fund of Funds will notify the Unaffiliated Investment Company of the investment. At such time, the Fund of Funds will also transmit to the Unaffiliated Investment Company a list of the names of each Fund of Funds Affiliate and Underwriting Affiliate. The Fund of Funds will notify the Unaffiliated Investment Company of any changes to the list as soon as reasonably practicable after a change occurs. The Unaffiliated Investment Company and the Fund of Funds will maintain and preserve a copy of the order, the Participation Agreement, and the list with any updated information for the duration of the investment and for a period of not less than six years thereafter, the first two years in an easily accessible place.</P>
        <P>9. Before approving any advisory contract under section 15 of the 1940 Act, the Board of each Fund of Funds, including a majority of the Independent Trustees, shall find that the advisory fees charged under the advisory contract are based on services provided that are in addition to, rather than duplicative of, services provided under the advisory contract(s) of any Underlying Fund in which the Fund of Funds may invest. Such finding, and the basis upon which the finding was made, will be recorded fully in the minute books of the appropriate Fund of Funds.</P>
        <P>10. The Advisor will waive fees otherwise payable to it by a Fund of Funds in an amount at least equal to any compensation (including fees received pursuant to any plan adopted by an Unaffiliated Investment Company pursuant to rule 12b-1 under the 1940 Act) received from an Unaffiliated Fund by the Advisor, or an affiliated person of the Advisor, other than any advisory fees paid to the Advisor or its affiliated person by the Unaffiliated Investment Company, in connection with the investment by the Fund of Funds in the Unaffiliated Fund. Any Sub-Adviser will waive fees otherwise payable to the Sub-Adviser, directly or indirectly, by the Fund of Funds in an amount at least equal to any compensation received by the Sub-Adviser, or an affiliated person of the Sub-Adviser, from an Unaffiliated Fund, other than any advisory fees paid to the Sub-Adviser or its affiliated person by the Unaffiliated Investment Company, in connection with the investment by the Fund of Funds in the Unaffiliated Fund made at the direction of the Sub-Adviser. In the event that the Sub-Adviser waives fees, the benefit of the waiver will be passed through to the Fund of Funds.</P>
        <P>11. With respect to Registered Separate Accounts that invest in a Fund of Funds, no sales load will be charged at the Fund of Funds level or at the Underlying Fund level. Other sales charges and service fees, as defined in NASD Conduct Rule 2830, if any, will only be charged at the Fund of Funds level or at the Underlying Fund level, not both. With respect to other investments in a Fund of Funds, any sales charges and/or service fees charged with respect to shares of a Fund of Funds will not exceed the limits applicable to funds of funds set forth in NASD Conduct Rule 2830.</P>

        <P>12. No Underlying Fund will acquire securities of any other investment company or company relying on section 3(c)(1) or 3(c)(7) of the 1940 Act, in excess of the limits contained in section 12(d)(1)(A) of the 1940 Act, except to the extent that such Underlying Fund: (a) Acquires such securities in compliance with section 12(d)(1)(E) of the 1940 Act and either is an Affiliated Fund or is in the same “group of investment companies” as its corresponding master fund; (b) receives securities of another investment company as a dividend or as a result of a plan of reorganization of a company (other than a plan devised for the purpose of evading section 12(d)(1) of the 1940 Act); or (c) acquires (or is deemed to have acquired) securities of another investment company pursuant to exemptive relief from the Commission permitting such Underlying Fund to: (i) Acquire securities of one or more investment companies for short-term cash management purposes or (ii) engage in inter-fund borrowing and lending transactions.<PRTPAGE P="2706"/>
        </P>
        <HD SOURCE="HD2">B. Other Investments by Section 12(d)(1)(G) Funds of Funds</HD>
        <P>Applicants agree that the order granting the requested relief to permit Section 12(d)(1)(G) Funds of Funds to invest in Other Investments shall be subject to the following condition:</P>
        <P>1. Applicants will comply with all provisions of rule 12d1-2 under the 1940 Act, except for paragraph (a)(2) to the extent that it restricts any Section 12(d)(1)(G) Fund of Funds from investing in Other Investments as described in the application.</P>
        <SIG>
          <P>For the Commission, by the Division of Investment Management, pursuant to delegated authority.</P>
          <NAME>Kevin M. O'Neill,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00516 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8011-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
        <DEPDOC>[Release Nos. 33-9378; 34-68603; File No. 265-28]</DEPDOC>
        <SUBJECT>Dodd-Frank Investor Advisory Committee</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Securities and Exchange Commission.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of Meeting of Securities and Exchange Commission Dodd-Frank Investor Advisory Committee.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The Securities and Exchange Commission Investor Advisory Committee, established pursuant to Section 911 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, is providing notice that it will hold a public meeting on Friday, January 18, 2013, in Multi-Purpose Room LL-006 at the Commission's headquarters, 100 F Street NE., Washington, DC 20549. The meeting will begin at 10:00 a.m. (EDT) and end at 4:00 p.m. and will be open to the public, except during portions of the meeting reserved for meetings of the Committee's subcommittees. The meeting will be webcast on the Commission's Web site at<E T="03">www.sec.gov.</E>Persons needing special accommodations to take part because of a disability should notify the contact person listed below. The public is invited to submit written statements to the Committee. The agenda for the meeting includes: Introductory remarks from Chairman Walter and Commissioners; introductory remarks from Committee officers; discussion of administrative matters; and reports from the four Investor Advisory Committee subcommittees (the Investor as Owner subcommittee, the Investor as Purchaser subcommittee, the Investor Education subcommittee, and the Market Structure subcommittee).</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Written statements should be received on or before January 18, 2013.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Written statements may be submitted by any of the following methods:</P>
        </ADD>
        <HD SOURCE="HD2">Electronic Statements</HD>
        <P>Use the Commission's Internet submission form (<E T="03">http://www.sec.gov/rules/other.shtml</E>); or</P>
        <P>Send an email message to<E T="03">rules-comments@sec.gov.</E>Please include File No. 265-28 on the subject line; or</P>
        <HD SOURCE="HD2">Paper Statements</HD>
        <P>Send paper statements in triplicate to Elizabeth M. Murphy, Secretary, Securities and Exchange Commission, Stop 1090, 100 F Street NE., Washington, DC 20549—1090.</P>
        
        <FP>All submissions should refer to File No. 265-28. This file number should be included on the subject line if email is used. To help us process and review your statement more efficiently, please use only one method.</FP>
        <P>Statements also will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Room 1580, Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. All statements received will be posted without change; we do not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly.</P>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>M. Owen Donley, Chief Counsel, at (202) 551-6322, Office of Investor Education and Advocacy, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549.</P>
          <SIG>
            <DATED>Dated: January 9, 2013.</DATED>
            <NAME>Elizabeth M. Murphy,</NAME>
            <TITLE>Committee Management Officer.</TITLE>
          </SIG>
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00538 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8011-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
        <DEPDOC>[Release Nos. 33-9379; 34-68604; File No. 265-27]</DEPDOC>
        <SUBJECT>Advisory Committee on Small and Emerging Companies; Meeting</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Securities and Exchange Commission.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The Securities and Exchange Commission Advisory Committee on Small and Emerging Companies is providing notice that it will hold a public meeting on Friday, February 1, 2013, in Multi-Purpose Room LL-006 at the Commission's headquarters, 100 F Street NE., Washington, DC. The meeting will begin at 9:30 a.m. (EST) and will be open to the public. The meeting will be webcast on the Commission's Web site at<E T="03">www.sec.gov</E>. Persons needing special accommodations to take part because of a disability should notify the contact person listed below. The public is invited to submit written statements to the Committee.</P>
          <P>The agenda for the meeting includes consideration of recommendations and other matters relating to rules and regulations affecting small and emerging companies under the federal securities laws.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The public meeting will be held Friday, February 1, 2013. Written statements should be received on or before January 30, 2013.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>The meeting will be held at the Commission's headquarters, 100 F Street NE., Washington, DC. Written statements may be submitted by any of the following methods:</P>
        </ADD>
        <HD SOURCE="HD1">Electronic Statements</HD>
        <P>• Use the Commission's Internet submission form (<E T="03">http://www.sec.gov/info/smallbus/acsec.shtml</E>); or</P>
        <P>• Send an email message to<E T="03">rule-comments@sec.gov</E>. Please include File Number 265-27 on the subject line; or</P>
        <HD SOURCE="HD1">Paper Statements</HD>
        <P>• Send paper statements in triplicate to Elizabeth M. Murphy, Federal Advisory Committee Management Officer, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.</P>
        

        <FP>All submissions should refer to File No. 265-27. This file number should be included on the subject line if email is used. To help us process and review your statement more efficiently, please use only one method. The Commission will post all statements on the Advisory Committee's Web site (<E T="03">http://www.sec.gov./info/smallbus/acsec.shtml</E>).</FP>

        <P>Statements also will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Room 1580, Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. All statements received will be posted without change; we do not edit personal identifying information from submissions. You<PRTPAGE P="2707"/>should submit only information that you wish to make available publicly.</P>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Johanna V. Losert, Special Counsel, at (202) 551-3460, Office of Small Business Policy, Division of Corporation Finance, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-3628.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>In accordance with Section 10(a) of the Federal Advisory Committee Act, 5 U.S.C.-App. 1, and the regulations thereunder, Lona Nallengara, Designated Federal Officer of the Committee, has ordered publication of this notice.</P>
        <SIG>
          <DATED>Dated: January 9, 2013.</DATED>
          <NAME>Elizabeth M. Murphy,</NAME>
          <TITLE>Committee Management Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00539 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8011-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
        <SUBJECT>Sunshine Act Meetings</SUBJECT>

        <P>Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Public Law 94-409, that the Securities and Exchange Commission Advisory Committee on Small and Emerging Companies will hold a public meeting on Friday, February 1, 2013, in Multi-Purpose Room LL-006 at the Commission's headquarters, 100 F Street NE., Washington, DC. The meeting will begin at 9:30 a.m. (EDT) and will be open to the public. Seating will be on a first-come, first-served basis. Doors will open at 9:00 a.m. Visitors will be subject to security checks. The meeting will be webcast on the Commission's Web site at<E T="03">http://www.sec.gov/.</E>
        </P>
        <P>On January 9, 2013, the Commission published notice of the Committee meeting (Release No. 33-9379), indicating that the meeting is open to the public and inviting the public to submit written comments to the Committee. This Sunshine Act notice is being issued because a majority of the Commission may attend the meeting.</P>
        <P>The agenda for the meeting includes consideration of recommendations and other matters relating to rules and regulations affecting small and emerging companies under the federal securities laws. For further information, please contact the Office of the Secretary at (202) 551-5400.</P>
        <SIG>
          <DATED>Dated: January 10, 2013.</DATED>
          <NAME>Kevin M. O'Neill,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00678 Filed 1-10-13; 4:15 pm]</FRDOC>
      <BILCOD>BILLING CODE 8011-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
        <SUBJECT>Sunshine Act Meetings</SUBJECT>

        <P>Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Public Law 94-409, that the Securities and Exchange Commission Investor Advisory Committee will hold a meeting on Friday, January 18, 2013, in Multi-Purpose Room LL-006 at the Commission's headquarters, 100 F Street NE., Washington, DC. The meeting will begin at 10:00 a.m. (EDT) and will be open to the public. Seating will be on a first-come, first-served basis. Doors will open at 9:30 a.m. Visitors will be subject to security checks. The meeting will be webcast on the Commission's Web site at<E T="03">www.sec.gov.</E>
        </P>
        <P>On January 9, 2013, the Commission issued notice of the Committee meeting (Release No. 33-9378), indicating that the meeting is open to the public and inviting the public to submit written comments to the Committee. This Sunshine Act notice is being issued because a quorum of the Commission may attend the meeting.</P>
        <P>The agenda for the meeting includes introductory remarks from Chairman Walter and Commissioners; introductory remarks from Committee officers; discussion of administrative matters; and reports from the four Investor Advisory Committee subcommittees (the Investor as Owner subcommittee, the Investor as Purchaser subcommittee, the Investor Education subcommittee, and the Market Structure subcommittee).</P>
        <P>For further information, please contact the Office of the Secretary at (202) 551-5400.</P>
        <SIG>
          <DATED>Dated: January 10, 2013.</DATED>
          <NAME>Kevin M. O'Neill,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00677 Filed 1-10-13; 4:15 pm]</FRDOC>
      <BILCOD>BILLING CODE 8011-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
        <SUBJECT>Sunshine Act Meetings</SUBJECT>
        <P>Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Public Law 94-409, that the Securities and Exchange Commission will hold a Closed Meeting on Thursday, January 17, 2013 at 2:00 p.m.</P>
        <P>Commissioners, Counsel to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the Closed Meeting. Certain staff members who have an interest in the matters also may be present.</P>
        <P>The General Counsel of the Commission, or his designee, has certified that, in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR 200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the scheduled matters at the Closed Meeting.</P>
        <P>Commissioner Aguilar, as duty officer, voted to consider the items listed for the Closed Meeting in a closed session.</P>
        <P>The subject matter of the Closed Meeting will be:</P>
        
        <FP SOURCE="FP-1">Institution and settlement of injunctive actions;</FP>
        <FP SOURCE="FP-1">Institution and settlement of administrative proceedings;</FP>
        <FP SOURCE="FP-1">Consideration of amicus participation; and</FP>
        <FP SOURCE="FP-1">Other matters relating to enforcement proceedings.</FP>
        
        <P>At times, changes in Commission priorities require alterations in the scheduling of meeting items.</P>
        <P>For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact the Office of the Secretary at (202) 551-5400.</P>
        <SIG>
          <DATED>Dated: January 10, 2013.</DATED>
          <NAME>Elizabeth M. Murphy,</NAME>
          <TITLE>Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00680 Filed 1-10-13; 4:15 pm]</FRDOC>
      <BILCOD>BILLING CODE 8011-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">SMALL BUSINESS ADMINISTRATION</AGENCY>
        <DEPDOC>[Disaster Declaration # 13435 and # 13436]</DEPDOC>
        <SUBJECT>Maryland Disaster # MD-00026</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 an Administrative declaration of a disaster for the State of Maryland dated 01/02/2013.</P>
          <P>
            <E T="03">Incident:</E>Hurricane Sandy.</P>
          <P>
            <E T="03">Incident Period:</E>10/26/2012 through 11/04/2012.</P>
          <P>
            <E T="03">Effective Date:</E>01/02/2013.</P>
          <P>
            <E T="03">Physical Loan Application Deadline Date:</E>03/04/2013.<PRTPAGE P="2708"/>
          </P>
          <P>
            <E T="03">Economic Injury (EIDL) Loan Application Deadline Date:</E>10/02/2013.</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 Administrator's disaster declaration, 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>Worcester.</FP>
        <FP SOURCE="FP-2">
          <E T="03">Contiguous Counties:</E>
        </FP>
        <FP SOURCE="FP1-2">Maryland: Somerset, Wicomico.</FP>
        <FP SOURCE="FP1-2">Delaware: Sussex.</FP>
        <FP SOURCE="FP1-2">Virginia: Accomack.</FP>
        <P>The Interest Rates are:</P>
        <GPOTABLE CDEF="s30,8" COLS="2" OPTS="L2,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1"/>
            <CHED H="1">Percent</CHED>
          </BOXHD>
          <ROW>
            <ENT I="22">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 13435 8 and for economic injury is 13436 0.</P>
        <P>The States which received an EIDL Declaration # are Maryland, Delaware, Virginia.</P>
        
        <EXTRACT>
          <FP>(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)</FP>
        </EXTRACT>
        <SIG>
          <DATED>Dated: January 2, 2013.</DATED>
          <NAME>Karen G. Mills,</NAME>
          <TITLE>Administrator.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00486 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8025-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">SMALL BUSINESS ADMINISTRATION</AGENCY>
        <DEPDOC>[Disaster Declaration #13398 and #13399]</DEPDOC>
        <SUBJECT>Virginia Disaster Number VA-00052</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 Virginia (FEMA—4092—DR), dated 11/26/2012 .</P>
          <P>
            <E T="03">Incident:</E>Hurricane Sandy</P>
          <P>
            <E T="03">Incident Period:</E>10/26/2012 through 11/08/2012.</P>
          <P>
            <E T="03">Effective Date:</E>01/03/2013.</P>
          <P>
            <E T="03">Physical Loan Application Deadline Date:</E>01/25/2013.</P>
          <P>
            <E T="03">Economic Injury (EIDL) Loan Application Deadline Date:</E>08/26/2013.</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 President's major disaster declaration for Private Non-Profit organizations in the State of Virginia, dated 11/26/2012, 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>New Kent.</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. 2013-00481 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8025-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">SMALL BUSINESS ADMINISTRATION</AGENCY>
        <DEPDOC>[Disaster Declaration #13441 and #13442]</DEPDOC>
        <SUBJECT>Ohio Disaster # OH-00039</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>U.S. Small Business Administration.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of Ohio (FEMA—4098—DR), dated 01/03/2013.</P>
          <P>
            <E T="03">Incident:</E>Severe Storms and Flooding due to the Remnants of Hurricane Sandy.</P>
          <P>
            <E T="03">Incident Period:</E>10/29/2012 through 10/30/2012.</P>
          <P>
            <E T="03">Effective Date:</E>01/03/2013.</P>
          <P>
            <E T="03">Physical Loan Application Deadline Date:</E>03/04/2013.</P>
          <P>
            <E T="03">Economic Injury (EIDL) Loan Application Deadline Date:</E>10/03/2013.</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 01/03/2013, Private Non-Profit organizations that provide essential services of governmental nature may file disaster loan applications at the address listed above or other locally announced locations.</P>
        <P>The following areas have been determined to be adversely affected by the disaster:</P>
        
        <FP SOURCE="FP-2">
          <E T="03">Primary Counties:</E>Cuyahoga.</FP>
        
        <P>The Interest Rates are:</P>
        <GPOTABLE CDEF="s30,8" COLS="2" OPTS="L2,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1"/>
            <CHED H="1">Percent</CHED>
          </BOXHD>
          <ROW>
            <ENT I="22">For Physical Damage:</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">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 13441B and for economic injury is 13442B.</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. 2013-00487 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8025-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">SMALL BUSINESS ADMINISTRATION</AGENCY>
        <DEPDOC>[Disaster Declaration #13431 and #13432]</DEPDOC>
        <SUBJECT>Massachusetts Disaster # MA-00050</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<PRTPAGE P="2709"/>disaster for Public Assistance Only for the State of Massachusetts (FEMA—4097—DR), dated 12/19/2012.</P>
          <P>
            <E T="03">Incident:</E>Hurricane Sandy.</P>
          <P>
            <E T="03">Incident Period:</E>10/27/2012 through 11/08/2012.</P>
          <P>
            <E T="03">Effective Date:</E>12/19/2012.</P>
          <P>
            <E T="03">Physical Loan Application Deadline Date:</E>02/19/2013.</P>
          <P>
            <E T="03">Economic Injury (EIDL) Loan Application Deadline Date:</E>09/19/2013.</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>Notice is hereby given that as a result of the President's major disaster declaration on 12/19/2012, Private Non-Profit organizations that provide essential services of governmental nature may file disaster loan applications at the address listed above or other locally announced locations.</P>
        <P>The following areas have been determined to be adversely affected by the disaster:</P>
        
        <FP SOURCE="FP-2">
          <E T="03">Primary Counties:</E>Barnstable, Bristol, Dukes, Nantucket, Plymouth, Suffolk.</FP>
        <P>The Interest Rates are:</P>
        <GPOTABLE CDEF="s30,8" COLS="2" OPTS="L2,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1"/>
            <CHED H="1">Percent</CHED>
          </BOXHD>
          <ROW>
            <ENT I="22">For Physical Damage:</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">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 134318 and for economic injury is 134328.</P>
        
        <EXTRACT>
          <FP>(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)</FP>
        </EXTRACT>
        <SIG>
          <NAME>Joseph P. Loddo,</NAME>
          <TITLE>Acting Associate Administrator for Disaster Assistance.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00492 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8025-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">SOCIAL SECURITY ADMINISTRATION</AGENCY>
        <DEPDOC>[Docket No. SSA-2012-0072]</DEPDOC>
        <SUBJECT>Finding Regarding Foreign Social Insurance or Pension System—Romania</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Social Security Administration (SSA)</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of Finding Regarding Foreign Social Insurance or Pension System—Romania.</P>
        </ACT>
        <PREAMHD>
          <HD SOURCE="HED">FINDING:</HD>
          <P>Section 202(t)(1) of the Social Security Act (42 U.S.C. 402(t)(1)) prohibits payment of monthly benefits to any individual who is not a United States citizen or national for any month after he or she has been outside the United States for 6 consecutive months. This prohibition does not apply to such an individual where one of the exceptions described in section 202(t)(2) through 202(t)(5) of the Social Security Act (42 U.S.C. 402(t)(2) through 402(t)(5)) affects his or her case.</P>
          <P>Section 202(t)(2) of the Social Security Act provides that, subject to certain residency requirements of Section 202(t)(11), the prohibition against payment shall not apply to any individual who is a citizen of a country which the Commissioner of Social Security finds has in effect a social insurance or pension system which is of general application in such country and which:</P>
          <P>(a) Pays periodic benefits, or the actuarial equivalent thereof, on account of old age, retirement, or death; and</P>
          <P>(b) Permits individuals who are United States citizens but not citizens of that country and who qualify for such benefits to receive those benefits, or the actuarial equivalent thereof, while outside the foreign country regardless of the duration of the absence.</P>
          <P>The Commissioner of Social Security has delegated the authority to make such a finding to the Associate Commissioner of the Office of International Programs. Under that authority, the Associate Commissioner of the Office of International Programs has approved a finding that Romania, beginning January 1, 2011, has a social insurance system of general application which:</P>
          <P>(a) Pays periodic benefits, or the actuarial equivalent thereof, on account of old age, retirement, or death; and</P>
          <P>(b) Permits United States citizens who are not citizens of Romania to receive such benefits, or their actuarial equivalent, at the full rate without qualification or restriction while outside Romania.</P>
          <P>Accordingly, it is hereby determined and found that Romania has in effect, beginning January 1, 2011, a social insurance system which meets the requirements of section 202(t)(2) of the Social Security Act (42 U.S.C. 402(t)(2).</P>

          <P>In 1968, we determined that Romania had a system that met the requirements of 202(t)(2)(A) of the Social Security Act (Act), but not the requirements of 202(t)(2)(B) of the Act. We based that determination on a finding that “citizens of the United States, not citizens of Romania, who leave Romania, are not permitted to receive such benefits or their actuarial equivalent at the full rate without qualification or restriction while outside that country.” We published notice of our determination in the<E T="04">Federal Register</E>October 23, 1968 (33 FR 15679).</P>
          <P>In 2010, Romania instituted a new unitary public pension law that entered into force on January 1, 2011. The law unified the country's social insurance system and instituted additional provisions. The new system includes social insurance, mandatory individual accounts, and voluntary individual accounts. The changes to Romania's social insurance system necessitate a new determination under section 202(t)(2).</P>
        </PREAMHD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Donna Powers, 3700 Robert Ball Building, 6401 Security Boulevard, Baltimore, MD 21235-6401, (410) 965-3558.</P>
          <EXTRACT>
            
            <FP>(Catalog of Federal Domestic Assistance: Program Nos. 96.001 Social Security—Disability Insurance; 96.002 Social Security—Retirement Insurance; 96.004 Social Security—Survivors Insurance)</FP>
          </EXTRACT>
          <SIG>
            <DATED>Dated: January 7, 2013.</DATED>
            <NAME>Vance Teel,</NAME>
            <TITLE>Acting Associate Commissioner, Office of International Programs.</TITLE>
          </SIG>
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00493 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4191-02-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF STATE</AGENCY>
        <DEPDOC>[Public Notice 8152]</DEPDOC>
        <SUBJECT>Advisory Committee on International Economic Policy; Notice of Open Meeting</SUBJECT>

        <P>The Advisory Committee on International Economic Policy (ACIEP) will meet from 2:00 p.m. to 4:00 p.m. on Wednesday, January 30, 2013, in the Loy Henderson Auditorium of the Harry S. Truman Building at the U.S. Department of State, 2201 C Street NW., Washington, DC. The meeting will be hosted by the Assistant Secretary of State for Economic and Business Affairs Jose W. Fernandez and Committee Chair<PRTPAGE P="2710"/>Ted Kassinger. The ACIEP serves the U.S. Government in a solely advisory capacity, and provides advice concerning issues and challenges in international economic policy. The meeting will examine the Anti-Bribery Convention, the OECD Working Group on Bribery and related anti-corruption issues. Subcommittee reports will be led by the Investment Subcommittee, the Sanctions Subcommittee, the Subcommittee on Women in International Economic Policy, and the Stakeholder Advisory Board on the U.S. National Contact Point for the Organization for Economic Cooperation and Development Guidelines for Multinational Enterprises.</P>

        <P>This meeting is open to public participation, though seating is limited. Entry to the building is controlled; to obtain pre-clearance for entry, members of the public planning to attend should provide, by Friday, January 25, their name, professional affiliation, valid government-issued ID number (i.e., U.S. Government ID [agency], U.S. military ID [branch], passport [country], or drivers license [state]), date of birth, and citizenship, to Ronelle Jackson by fax (202) 647-5936, email (<E T="03">JacksonRS@state.gov</E>), or telephone (202) 647-9204. Participants may enter the Department of State from the entrance on 23rd Street. Because of escorting requirements, non-Government attendees should plan to arrive 15 minutes before the meeting begins. Requests for reasonable accommodation should be made to Ronelle Jackson before Tuesday, January 22. Requests made after that date will be considered, but might not be possible to fulfill.</P>

        <P>Personal data is requested pursuant to Public Law 99-399 (Omnibus Diplomatic Security and Antiterrorism Act of 1986), as amended; Public Law107-56 (USA PATRIOT Act); and Executive Order 13356. The purpose of the collection is to validate the identity of individuals who enter Department facilities. The data will be entered into the Visitor Access Control System (VACS-D) database. Please see the Security Records System of Records Notice (State-36) at<E T="03">http://www.state.gov/documents/organization/103419.pdf</E>for additional information.</P>

        <P>For additional information, contact Deputy Coordinator Gregory Maggio, Office of Economic Policy Analysis and Public Diplomacy, Bureau of Economic and Business Affairs, at (202) 647-2231 or<E T="03">MaggioGFmailto:@state.gov.</E>
        </P>
        <SIG>
          <DATED>Dated: January 8, 2013.</DATED>
          <NAME>Laura Kirkconnell,</NAME>
          <TITLE>Director, Office of Economic Policy Analysis and Public Diplomacy, U.S. Department of State.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00557 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4710-07-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Office of the Secretary</SUBAGY>
        <SUBJECT>Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits</SUBJECT>

        <P>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 December 22, 2012. 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<E T="03">et. seq.</E>).</P>
        <P>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-2012-0210.</P>
        <P>
          <E T="03">Date Filed:</E>December 17, 2012.</P>
        <P>
          <E T="03">Due Date for Answers, Conforming Applications, or Motion to Modify Scope:</E>January 7, 2013.</P>
        <P>
          <E T="03">Description:</E>Application of SmartLynx Airlines Estonia OU requesting a foreign air carrier permit and exemption authority authorizing the carrier to operate charter foreign air transportation of persons, property and mail (a) between any point or points behind the European Union, via any point or points in the European Union and intermediate points, to any point or points in the United States, and beyond; (b) between any point or points in the European Common Aviation Area and any point or points in the United States; (c) pursuant to the prior approval requirements of Part 212; and (d) any additional rights that are made available to EU carriers under the U.S.-European Union agreements, as amended.</P>
        <P>
          <E T="03">Docket Number:</E>DOT-OST-2012-0212.</P>
        <P>
          <E T="03">Date Filed:</E>December 20, 2012.</P>
        <P>
          <E T="03">Due Date for Answers, Conforming Applications, or Motion to Modify Scope:</E>January 10, 2013.</P>
        <P>
          <E T="03">Description:</E>Application of Arubaanse Luchtvaart Maatschappji, N.V., d/b/a Aruba Airlines requesting a foreign air carrier permit and corresponding exemption authorizing it to engage in: (1) Scheduled air transportation of persons, property and mail from a point or points behind Aruba, via Aruba and intermediate points, to a point or points in the United States and beyond; (2) all-cargo services between the United States and any point or points; (3) fifth freedom charter services pursuant to the prior approval requirements; (4) and for such other, further, or different relief as may be proper.</P>
        <SIG>
          <NAME>Barbara J. Hairston,</NAME>
          <TITLE>Acting Program Manager, Docket Operations, Federal Register Liaison.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00570 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-9X-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Office of the Secretary</SUBAGY>
        <SUBJECT>Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits</SUBJECT>

        <P>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 December 15, 2012. 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<E T="03">et seq.</E>). 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-2012-0204.</P>
        <P>
          <E T="03">Date Filed:</E>December 11, 2012.</P>
        <P>
          <E T="03">Due Date for Answers, Conforming Applications, or Motion to Modify Scope:</E>January 2, 2013.</P>
        <P>
          <E T="03">Description:</E>Application of National Air Cargo Group, Inc. d/b/a National Airlines requesting an exemption and amended certificate of public convenience and necessity authorizing it to conduct scheduled foreign air<PRTPAGE P="2711"/>transportation of persons, property and mail between a point or points in the United States, a point or points in the United Arab Emirates, and beyond to a point or points in Afghanistan and a point or points in Iraq.</P>
        <P>
          <E T="03">Docket Number:</E>DOT-OST-2012-0205.</P>
        <P>
          <E T="03">Date Filed:</E>December 11, 2012.</P>
        <P>
          <E T="03">Due Date for Answers, Conforming Applications, or Motion to Modify Scope:</E>January 2, 2013.</P>
        <P>
          <E T="03">Description:</E>Application of National Air Cargo Group, Inc. d/b/a National Airlines requesting an amended certificate of public convenience and necessity authorizing it to conduct interstate scheduled air transportation of persons, property and mail with large aircraft. National Airlines also requests an exemption to conduct such service while this application is pending.</P>
        <SIG>
          <NAME>Barbara J. Hairston,</NAME>
          <TITLE>Acting Program Manager, Docket Operations, Federal Register Liaison.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00573 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-9X-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Office of the Secretary</SUBAGY>
        <SUBJECT>Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits</SUBJECT>

        <P>Notice of Applications for Certificates of Public Convenience and Necessityand Foreign Air Carrier Permits Filed Under Subpart B (formerly Subpart Q)during the Week Ending November 17, 2012. The following Applications forCertificates of Public Convenience and Necessity and Foreign Air CarrierPermits were filed under Subpart B (formerly Subpart Q) of the Departmentof Transportation's Procedural Regulations (See 14 CFR 301.201<E T="03">et seq.</E>).The due date for Answers, Conforming Applications, or Motions to ModifyScope are set forth below for each application. Following the Answer periodDOT may process the application by expedited procedures. Such proceduresmay consist of the adoption of a show-cause order, a tentative order, or inappropriate cases a final order without further proceedings.</P>
        <P>
          <E T="03">Docket Number:</E>DOT-OST-2009-0012.</P>
        <P>
          <E T="03">Date Filed:</E>November 16, 2012.</P>
        <P>
          <E T="03">Due Date for Answers, Conforming Applications, or Motion to Modify Scope:</E>December 7, 2012.</P>
        <P>
          <E T="03">Description:</E>Application of KaiserAir, Inc. requesting an amendment of its certificate authorityissued to it by the department to remove a condition restricting its ability to offerpublic charter service to the general public.</P>
        <SIG>
          <NAME>Barbara J. Hairston,</NAME>
          <TITLE>Acting Program Manager,Docket Operations,Federal Register Liaison.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00576 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-9X-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Federal Aviation Administration</SUBAGY>
        <SUBJECT>Air Traffic Procedures Advisory Committee</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Aviation Administration (FAA), DOT.</P>
        </AGY>
        
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The FAA is issuing this notice to advise the public that a meeting of the Federal Aviation Administration Air Traffic Procedures Advisory Committee (ATPAC) will be held to review present air traffic control procedures and practices for standardization, revision, clarification, and upgrading of terminology and procedures.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The meeting will be held Tuesday, January 29, Wednesday, January 30, and Thursday, January 31, 2013 from 8:30 a.m. to 5:00 p.m.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>The meeting will be held at the Navy ATC Schoolhouse at Naval Air Station Pensacola, Pensacola, Florida.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Mr. Gary A. Norek, ATPAC Executive Director, 800 Independence Avenue SW., Washington, DC 20591.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>Pursuant to Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463; 5 U.S.C. App.2), notice is hereby given of a meeting of the ATPAC to be held Tuesday, January 29, Wednesday, January 30, and Thursday, January 31, 2013 from 8:30 a.m. to 5:00 p.m.</P>
        <P>The agenda for this meeting will cover a continuation of the ATPAC's review of present air traffic control procedures and practices for standardization, revision, clarification, and upgrading of terminology and procedures. It will also include:</P>
        <P>1. Approval of Minutes;</P>
        <P>2. Submission and Discussion of Areas of Concern;</P>
        <P>3. Discussion of Potential Safety Items;</P>
        <P>4. Report from Executive Director;</P>
        <P>5. Items of Interest; and</P>
        <P>6. Discussion and agreement of location and dates for subsequent meetings.</P>
        <P>Attendance is open to the interested public but limited to space available. With the approval of the Chairperson, members of the public may present oral statements at the meeting. Persons desiring to attend and persons desiring to present oral statement should notify Mr. Gary A. Norek no later than January 24, 2013. Any member of the public may present a written statement to the ATPAC at any time at the address given above.</P>
        <SIG>
          <DATED>Issued in Washington, DC, on January 8, 2013.</DATED>
          <NAME>Gary A. Norek,</NAME>
          <TITLE>Executive Director, Air Traffic Procedures Advisory Committee.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00650 Filed 1-10-13; 4:15 pm]</FRDOC>
      <BILCOD>BILLING CODE 4910-13-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Federal Motor Carrier Safety Administration</SUBAGY>
        <DEPDOC>[Docket No. FMCSA-2012-0370]</DEPDOC>
        <SUBJECT>Hours of Service of Drivers: U.S. Department of Energy (DOE); Application for Exemption</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Motor Carrier Safety Administration (FMCSA), DOT.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of application for exemption; request for comments.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>FMCSA has received an application from the U.S. Department of Energy (DOE) for an exemption from the 30-minute rest break provision of the Agency's hours-of-service (HOS) regulations for commercial motor vehicle drivers. The exemption would enable DOE's contract motor carriers and their employee-drivers engaged in the transportation of security-sensitive radioactive materials to be treated similarly to drivers of shipments of explosives. The exempted drivers would be allowed to use 30 minutes or more of attendance time to meet the HOS rest break requirements providing they do not perform any other work during the break. FMCSA requests public comment on DOE's application for exemption.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments must be received on or before February 13, 2013.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>You may submit comments identified by Federal Docket Management System Number FMCSA-2012-0370  by any of the following methods:</P>
          <P>•<E T="03">Federal eRulemaking Portal: //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, 1200 New Jersey Avenue SE., West Building, Ground Floor, Room W12-140, Washington, DC 20590-0001.</P>
          <P>•<E T="03">Hand Delivery or Courier:</E>West Building, Ground Floor, Room W12-<PRTPAGE P="2712"/>140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. E.T., Monday through Friday, except Federal holidays.</P>
          <P>
            <E T="03">Instructions:</E>All submissions must include the Agency name and docket number. For detailed instructions on submitting comments and additional information on the exemption process, see the Public Participation heading below. Note that all comments received will be posted without change to<E T="03">www.regulations.gov</E>, including any personal information provided. Please see the<E T="03">Privacy Act</E>heading below.</P>
          <P>
            <E T="03">Docket:</E>For access to the docket to read background documents or comments received, go to<E T="03">www.regulations.gov,</E>and follow the online instructions for accessing the dockets, or go to the street address listed above.</P>
          <P>
            <E T="03">Privacy Act:</E>Anyone is able to search the electronic form of all 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 the U.S. Department of Transportation's online privacy policy at<E T="03">www.dot.gov/privacy</E>or the complete Privacy Act Statement in the<E T="04">Federal Register</E>published on December 29, 2010 (75 FR 82133).</P>
          <P>
            <E T="03">Public Participation:</E>The Federal eRulemaking Portal is available 24 hours each day, 365 days each year. You can get electronic submission and retrieval help and guidelines under the “help” section of the Federal eRulemaking Portal Web site. If you want us to notify you that we received your comments, please include a self-addressed, stamped envelope or postcard, or print the acknowledgement page that appears after submitting comments online. Comments received after the comment closing date will be included in the docket, and we will consider late comments to the extent practicable.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Ms. Pearlie Robinson, FMCSA Driver and Carrier Operations Division; Office of Bus and Truck Standards and Operations; Telephone: 202-366-4325. Email:<E T="03">MCPSD@dot.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Background</HD>

        <P>FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from certain parts of the Federal Motor Carrier Safety Regulations. FMCSA must publish a notice of each exemption request in the<E T="04">Federal Register</E>(49 CFR 381.315(a)). The Agency must provide the public an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted. The Agency must also provide an opportunity for public comment on the request.</P>

        <P>The Agency reviews safety analyses and public comments submitted, and determines whether granting the exemption would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by the current regulation (49 CFR 381.305). The decision of the Agency must be published in the<E T="04">Federal Register</E>(49 CFR 381.315(b)) with the reasons for denying or granting the application and, if granted, the name of the person or class of persons receiving the exemption, and the regulatory provision from which the exemption is granted. The notice must also specify the effective period and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)).</P>
        <HD SOURCE="HD1">Request for Exemption</HD>
        <P>Certain motor carriers under contract to the U.S. Department of Energy (DOE) transport “security-sensitive radioactive materials.” DOE notes that the term includes transuranic waste; spent nuclear fuel; radioactive sources classified as category 1 and 2 materials by the International Atomic Energy Agency, including “Highway route controlled quantities,” as defined in 49 CFR 173.403; or known radionuclides in forms listed as RAM-QC by the Nuclear Regulatory Commission.</P>
        <P>DOE requests a limited exemption from the HOS regulation pertaining to rest breaks [49 CFR 395.3(a)(3)(ii)], to allow contract driver-employees transporting security-sensitive radioactive materials to be treated the same as drivers transporting explosives, as provided in § 395.1(q). Section 395.1(q) states that operators of commercial motor vehicles (CMV) carrying Division 1.1, 1.2, or 1.3 explosives subject to the requirement for a 30-minute rest break in § 395.3(a)(3)(ii) may use 30 minutes or more of “attendance time” to meet the requirement for a rest break. Section 395.3(a)(3) becomes effective on July 1, 2013.</P>
        <P>DOE contends that shipments of security-sensitive radioactive materials require a team of two drivers and the use of a sleeper berth to minimize risk and expedite delivery in a safe and secure manner. DOE asserts that granting the exemption would allow team drivers to manage their en-route rest periods efficiently and also perform mandated shipment security surveillance, resulting in a safe and secure driving performance during a long distance trip.</P>
        <P>DOE states that it has instituted several technical and administrative controls to ensure the effective use of driver on-duty and rest-break time, which would remain in effect under the requested exemption. They include the following:</P>
        <P>• Real-time tracking and monitoring of transuranic waste and security-sensitive shipments using DOE's satellite-based systems.</P>
        <P>• Use of electronic on-board recorders on trucks, which is contractually required by for motor carriers involved in the Waste Isolation Pilot Plant to ensure compliance with driver HOS rules.</P>
        <P>• Continuous monitoring of the safety performance of DOE-qualified motor carriers using the FMCSA Compliance Safety Accountability Program's Safety Measurement System, and DOE's Motor Carrier Evaluation Program.</P>
        <P>Further details regarding DOE's safety controls can be found in its application for exemption. The application can be accessed in the docket identified at the beginning of this notice. DOE contends that these controls enable them to achieve a high level of safety and security for transportation of security-sensitive radioactive materials.</P>
        <P>DOE anticipates no safety impacts from this exemption and notes that in the preamble to the FMCSA final rule on the “Hours of Service of Drivers,” dated December 27, 2011 (76 FR 81134), the Agency addressed concerns from commenters regarding rest breaks for carriers of hazardous materials. Section 395.1(q) allows drivers who are required by § 397.5 to attend a motor vehicle transporting certain types of explosives but perform no other work, to log at least a half-hour of their attendance time toward the break. The Agency cited a recent study showing that on-duty breaks reduce the risk of crashes after the break [76 FR 81154].</P>
        <P>DOE believes that its contract employee drivers should be allowed to follow the requirements in § 395.1(q) when transporting shipments of security-sensitive radioactive materials. DOE believes that shipments made under the requested exemption would achieve a level of safety and security that is at least equivalent to that which would be obtained by following the normal break requirement in § 395.3(a)(3)(ii).</P>

        <P>DOE estimates that 30 power units and 53 drivers would currently be eligible for the exemption, if granted. The proposed exemption would be effective from July 1, 2013 through June 30, 2015, the maximum period allowed<PRTPAGE P="2713"/>by § 381.300. A copy of DOE's exemption application is available for review in the docket for this notice.</P>
        <HD SOURCE="HD1">Request for Comments</HD>

        <P>In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA requests public comment on DOE's application for an exemption from certain provisions of the driver's record of duty status rules in 49 CFR part 395. The Agency will consider all comments received by close of business on February 13, 2013. Comments will be available for examination in the docket at the location listed under the<E T="02">ADDRESSES</E>section of this notice. The Agency will consider to the extent practicable comments received in the public docket after the closing date of the comment period.</P>
        <SIG>
          <DATED>Issued on: January 8, 2013.</DATED>
          <NAME>Larry W. Minor,</NAME>
          <TITLE>Associate Administrator for Policy.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00510 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-EX-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Federal Railroad Administration</SUBAGY>
        <SUBJECT>Update to NEPA Implementing Procedures</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Railroad Administration (FRA), United States Department of Transportation (DOT).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of Updated Procedures for Considering Environmental Impacts by adding categorical exclusions.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>FRA announces that it has revised its Procedures for Considering Environmental Impacts to add seven new additions to the list of categorical exclusions (CE). Categorical exclusions are actions that FRA has determined do not individually or cumulatively have significant effects on the human environment and thus, do not require the preparation of an Environmental Assessment (EA) or Environmental Impact Statement (EIS) under the National Environmental Policy Act (NEPA). To consolidate the location of all of FRA's CEs, this notice reproduces all 20 original CEs and adds the seven new CEs starting with number 21.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The new CEs are effective on January 14, 2013.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Christopher Van Nostrand, Attorney Advisor, Office of the Chief Counsel, Federal Railroad Administration, 1200 New Jersey Ave SE., W31-208, Washington, DC 20590, telephone: (202) 493-6058.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">I. Background</HD>

        <P>FRA's Procedures for Considering Environmental Impacts (FRA Environmental Procedures), 64 FR 28545 (May 26, 1999), which are available on the agency's Web site at<E T="03">http://www.fra.dot.gov/eLib/details/L02561,</E>establish the process for the assessment of environmental impacts of actions and legislation proposed by FRA and for the preparation and processing of documents based upon such assessments. The FRA Environmental Procedures supplement the Council on Environmental Quality (CEQ) NEPA implementing regulations (40 CFR Parts 1500-1508). Currently, section 4(c) of FRA's Environmental Procedures identifies twenty classes of action that FRA has determined to be categorically excluded from the EIS or EA preparation requirements of NEPA and the Procedures because they do not individually or cumulatively have a significant effect on the human environment. This update adds seven new CEs to section 4(c). Sections4(c) and (e) of FRA's Environmental Procedures contain a process for identifying “extraordinary circumstances” where FRA determines a particular action normally included within one of these categories has the potential for significant environmental impacts and an EA or EIS is prepared.</P>
        <P>FRA has determined that additions to the existing list of CEs are necessary to facilitate FRA's administration of laws relating to railroad safety, development, rehabilitation, and railroad financial assistance programs, particularly the High-Speed Intercity Passenger Rail (HSIPR) grant program and the Railroad Rehabilitation and Improvement Financing (RRIF) loan/loan guarantee program. After careful consideration, FRA has determined that the actions included in the proposed seven new CEs are not of the type or character as to individually or cumulatively cause significant effects on the human or natural environment.</P>
        <P>Recent statutory initiatives have greatly expanded FRA's ability to provide financial assistance to intercity passenger railroad projects and contributed to the need for these proposed CEs. The Passenger Rail Investment and Improvement Act (PRIIA) of 2008 (Division B of Pub. L. 110-432, 122 Stat. 4907, (2008)) created three new passenger rail capital assistance programs, the intercity passenger rail corridor capital assistance program, high-speed rail corridor development, and a congestion relief program. Additionally, in an effort to stimulate the economy, create jobs and jumpstart a new era of high-speed rail in this county, Congress provided $8 billion in grant funding for projects that support the High-Speed Intercity Passenger Rail (HSIPR) Program in the American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111-5, 123 Stat. 115(2009)). Congress also appropriated additional funds for HSIPR projects in the Transportation, Housing and Urban Development and Related Agencies Appropriations Act for 2010 (Div. A of Pub. L. 111-117, 123 Stat. 3034 (2009)).</P>
        <P>PRIIA, the Recovery Act, and other appropriations greatly expanded FRA's capacity to fund rail projects in order to achieve world class high-speed and intercity passenger rail in the United States. The purpose of the HSIPR Program is to address the nation's transportation challenges by investing in efficient high-speed and intercity passenger rail networks connecting communities across America.<SU>1</SU>
          <FTREF/>Many of these investments involve large scale projects for which FRA and project sponsors (typically State Departments of Transportation) will be preparing EISs and EAs. However, other investments and components of multi-year programs are smaller projects that FRA has concluded do not require either an EIS or an EA and justify the creation of a CE since they would not have a significant effect on the environment. Preparing EISs or EAs for projects that do not have the potential for a significant effect on the environment is not an efficient use of resources of either FRA or State partners in the various Departments of Transportation. Accordingly, the added CEs will facilitate the responsible and efficient implementation of the HSIPR, RRIF, and other FRA programs.</P>
        <FTNT>
          <P>

            <SU>1</SU>See Federal Railroad Administration, Vision for High-Speed Rail in America (April 2009) (describing the general approach to revitalizing high-speed and intercity passenger rail in the United States) available at<E T="03">http://www.fra.dot.gov/downloads/Research/FinalFRA_HSR_Strat_Plan.pdf.</E>
          </P>
        </FTNT>

        <P>Some of the proposed CEs were chosen from the list of categorical exclusions currently employed by both the Federal Highway Administration (FHWA) and the Federal Transit Administration (FTA) (see 23 CFR Part 771). FRA identified these specific actions for categorical exclusion because they have direct applicability for many FRA programs and a limited potential for environmental impacts. All of the actions identified in this notice have been subject to extensive environmental review by FRA, FHWA and FTA, are comparable to activities categorically excluded by other Federal agencies, and were identified through FRA's<PRTPAGE P="2714"/>benchmarking effort (described in greater detail below). These environmental reviews, mostly in the form of documented CEs and EAs, demonstrate that the actions do not individually or cumulatively have a significant effect on the human or natural environment. As required under FRA's Environmental Procedures, FRA staff evaluates each action individually to ensure that the action meets the criteria for categorical exclusion, and whether extraordinary circumstances exist which require additional environmental review.</P>
        <HD SOURCE="HD1">II. Process Used To Identify the Categorical Exclusions</HD>

        <P>FRA undertook a rigorous process to identify appropriate new CEs. This evaluation process followed CEQ's guidance on establishing new CEs and included an internal review by FRA's Environment and Systems Planning Division as well as FRA's Office of Chief Counsel, independent review and comment by experts enlisted by FRA in coordination with FTA and the John A. Volpe National Transportation Systems Center in Cambridge Massachusetts (Volpe Center), submission to and review by CEQ, and publication for public review and opportunity to comment. FRA undertook this process to ensure that the types of projects covered by the new CEs presented in Section III below comply with CEQs NEPA regulations (40 CFR 1507.3, 1508.4) and do not cause significant impacts on the human or natural environment. The information assembled during the internal and independent reviews are described in a Categorical Exclusion Substantiation Documentation (CE Substantiation) that is available on the FRA Web site at<E T="03">www.fra.dot.gov/eLib/details/L03010.</E>
        </P>
        <P>The list of new CEs was generated in close collaboration with FTA. FRA and FTA each have responsibility for similar types of rail projects. FTA has historically provided funding for commuter rail projects, which have many similarities to intercity passenger rail projects and to freight railroad projects. In addition to using existing FTA CE's as templates, FRA has coordinated the effort to develop new CEs with FTA and jointly submitted proposed CEs to NEPA experts for independent review.</P>
        <P>FTA and FRA, in coordination with the Volpe Center, called on several expert NEPA professionals to provide feedback on FTA's and FRA's initial list of actions to be classified as CEs. The expert's opinions were very valuable in refining the CEs, including identifying appropriate limitations necessary to avoid covering activities that have the potential to have significant environmental impacts. The experts were asked to draw upon their general knowledge of and experience/involvement with NEPA environmental processes. The submission to the experts consisted of the proposed CE, a brief explanation of the CE, and a list of comparative benchmarks or similar CEs currently employed by other Federal agencies. After a period of review, the experts submitted comments to FRA, which included suggested changes or modifications or, as in most cases, an endorsement of the proposed CE.</P>
        <P>After receiving the experts' comments and suggestions, FRA staff met to discuss the comments and modified the CE's where appropriate. The experts suggested ways in which to narrow the categories of actions to ensure that all covered activities would not have significant impacts. In addition, using their own professional experience, they provided insights into the potential practical application of many of the proposed CEs.</P>
        <P>Consistent with the CEQ Regulations and the<E T="03">Memorandum for the Heads of Federal Departments and Agencies from Nancy H. Sutley, Chair, Council on Environmental Quality on Establishing and Applying Categorical Exclusions Under the National Environmental Policy Act</E>(Nov. 23, 2010) (CEQ Memorandum), FRA consulted with CEQ prior to making the CEs available for public review and comment. CEQ suggested modifications to clarify FRA's intended application and scope of the proposed CEs, and the CE Substantiation Document reflects the consideration of CEQ's comments and suggestions and FRA's final determinations.</P>
        <P>On June 13, 2012, FRA published a notice in the<E T="04">Federal Register</E>(77 FR 35471) advising the public of FRA's intent to add seven new CEs to its Environmental Procedures and solicited public comments on the proposal. Concurrent with the June 13 notice, FRA also made the CE Substantiation document available on its Web site. The CE Substantiation supports FRA's finding that the proposed CEs address actions that FRA has determined will not individually or cumulatively have a significant effect on the human environment. The comment period closed on July 13, 2012. FRA received comments from the American Road and Transportation Builders Association, three individuals, the National Railroad Passenger Corporation (Amtrak), the American Association of State Highway and Transportation Officials, New Jersey Transit, the Lone Star Rail District, the Southern Environmental Law Center, the Illinois Department of Transportation, the Texas Department of Transportation, the American Public Transportation Association, the Alaska Railroad Corporation, the American Short Line and Regional Railroad Association, the Capital Corridor Joint Powers Authority, the Metropolitan Transportation Authority, the Californians for Alternatives to Toxics, Florida East Coast Industries, Inc., the Washington State Department of Transportation, the Natural Resources Defense Council, OneRail Coalition, the National Association of Railroad Passengers, Virginia Department of Rail and Public Transportation, and the Kanas City Southern Railway Company. The comments are addressed in this section. Several commenters submitted comments regarding FRA's HSIPR program as well as general comments about FRA's Environmental Procedures. Several commenters submitted general comments in support of the proposal.</P>
        <P>Several commenters suggest that FTA, FHWA, and FRA consolidate their environmental procedures as the commenters believed it would minimize project sponsor confusion and the need for separate environmental documentation. In the alternative one commenter suggested FRA adopt all FTA/FHWA environmental categorical exclusion regulations through a new CE.</P>
        <P>FRA agrees that avoiding duplicative environmental reviews is desirable. FHWA and FTA share a joint environmental regulation because of the close connection between the two agencies' programs and the metropolitan and statewide transportation planning processes. Further, Congressional authorizing legislation for highway and transit programs has resulted in statutory changes to FHWA and FTA's NEPA procedures that make them unique. FRA shares only some common activities with FHWA and FTA and has not had the close historical connections that would have made a joint FHWA/FTA/FRA environmental review regulation necessary. CEQ directs Federal agencies to establish CEs based on their individual determinations that consider their experience in applying NEPA to their actions. With these seven new CEs, FRA will have established complementary CEs for the vast majority of actions eligible for FRA funding that may also be funded by FTA or FHWA, while appropriately relying on environmental procedures that are tailored to FRA's Federal actions.</P>

        <P>It is also worth noting that Section 1314 of the Moving Ahead for Progress in the 21st Century Act (MAP-21) (Pub. L. 112-141 (2012)) allows an operating<PRTPAGE P="2715"/>administration to use another modal administration's CE for a multimodal project, subject to conditions described in the statute. However, this provision cannot be used until DOT issues future guidance on its application and use.</P>
        <P>One commenter asked why FRA did not reevaluate and substantiate FRA's existing CEs in conjunction with the new CE proposal. As described in the Substantiation Document, FRA will engage in a reevaluation of the FRA Environmental Procedures in the future. As part of that effort, FRA will reexamine the existing CEs and may also consider adding additional CEs and making other changes to make the procedures more efficient for rail projects and projects sponsored by multiple agencies.</P>
        <P>One commenter suggested adding a CE that would allow construction of critical improvement projects that address reliability problems for existing railroads provided that the improvements occur within the existing ROW. FRA has a number of existing CEs that in combination with the seven new CEs cover all appropriate types of minor railroad improvement that could address railroad system reliability. The commenter's proposal is too broad and cannot be reasonably expected to exclude construction activities that are likely to have significant impacts and therefore require additional environmental review and analysis.</P>
        <P>One commenter suggests FRA impose a time limit for FRA to complete CE review and approval. The process for establishing new CEs does not require revisions to FRA's Environmental Procedures. FRA makes every effort to review and approve CEs as expeditiously as possible to avoid any unnecessary project delay. However, it is incumbent on FRA to ensure that the necessary information is available to confirm that the project is appropriate for categorical exclusion and does not raise any extraordinary circumstances that warrant a higher level of environmental review and analysis. Agency practice ensures FRA has the appropriate understanding of the nature and extent of the potential environmental impacts before FRA approves a project as a categorical exclusion and allowing the project proponent to proceed with construction activities. Imposing arbitrary time limits may unnecessarily limit the ability to set priorities in completing environmental reviews for proposed activities.</P>
        <P>One commenter suggests FRA add an additional CE that would cover grants, loans, and refinancing for a project already approved and funded by another Federal agency if the project has been subject to a separate NEPA review and where no changes to the project are involved that would result in significant environmental impacts.</P>
        <P>An agency's obligations under NEPA are triggered by the agency's consideration of the environmental effects of a proposed action that is within the responsibility of the agency. Once such obligation is triggered, the agency is required to make an independent assessment of the potential environmental impacts that could result from its action from the perspective of the agency's mission and experience. CEQ regulations provide opportunity for agencies to adopt (in total or in part) or to incorporate by reference the analyses provided in another agency's EA or EIS. (40 CFR 1506.3). One commenter suggests expanding the list of CEs to include the purchase of existing railroad right-of-way and/or purchase of right-of-way for hardship or protective purposes. FRA notes that many acquisition activities typical of FRA projects are covered under FRA CE #17. FRA will reexamine CE #17 as part of the larger effort to reevaluate the FRA Environmental Procedures in the future.</P>
        <P>One commenter is concerned of the broader application of future CEs because the new high-speed rail infrastructure has a wider right-of-way that could increase the potential impacts of future projects. CEs are applied to projects that do not have the potential for significant environmental impacts and are not applicable to projects that have the potential for significant environmental impacts due to expanded rights-of-way. Wider right-of-way is not clearly related to the severity or likelihood of environmental impact, and FRA examines the specifics of each proposed application of a CE to determine whether there are any extraordinary circumstances that raise the potential for significant impacts.</P>
        <P>One commenter suggests FRA clarify its interpretation of the scope of the CEs so that all activities within the existing railroad right-of-way are excluded from further NEPA review, unless extraordinary circumstances exist. Put another way under the commenter's proposal, any new rail line construction taking place within an existing right-of-way would be categorically excluded.</P>
        <P>FRA considers every proposal in light of the action's specific circumstances. The commenter's suggestion could permit activities inappropriate for categorical exclusion because of the likelihood of significant impacts. Both the existing and proposed CEs allow for construction activities within existing rights-of-way with the appropriate limitations to reduce the potential for serious environmental impacts.</P>
        <P>One commenter believes there was a lack of public notification related to FRA's proposal to add CEs and requests that FRA reopen the public comment period.</P>

        <P>The CEQ Regulations and CEQ Memorandum outline procedures for establishing new or revised categorical exclusions. These procedures call for public involvement and opportunity and comment through a notice in the<E T="04">Federal Register</E>. As described above, FRA published a notice in the<E T="04">Federal Register</E>on June 13, 2012 and invited public comment for 30 days. FRA also made the Substantiation Document available on FRA's Web site which also contained instructions for submitting comments. FRA received 24 public comments and does not believe it is necessary to reopen the public comment period.</P>
        <P>One commenter believes that the proposed CEs will limit the number of projects that are subject to public participation and believes strong public review is essential for the environmental process. FRA supports public involvement in project development; however, the commenter assumes that because a project is covered by a CE the public is not provided an opportunity to participate. When FRA reviews information provided by project proponents in support of a CE, one of the elements FRA considers is the extent to which the public has been informed of the proposed project and whether any environmental issues were raised by the public. This information helps FRA determine whether due to public concerns, the action while normally categorically excluded, raises to the level of extraordinary circumstances requiring a more extensive environmental review.</P>
        <P>One commenter suggests FRA expand the scope of CE #22 to include activities related to historic bridges if the activity will not have an adverse effect on the historic bridge, and where FRA has received concurrence from the State Historic Preservation Officer. FRA does not agree that this change is necessary. CE #22 can be used for actions involving activities on historic bridges, particularly when compliance with Section 106 concludes that there is no adverse effect from the activity.</P>

        <P>Several commenters suggested that CE #22 covering bridge work should be modified to include bridge approaches. Commenters suggested adding the following language to CE #22, “construction or reconstruction of approaches and/or embankments to<PRTPAGE P="2716"/>bridges”. FRA finds that these activities are substantially similar to those already included as part of the illustrative list for CE #22 which are unlikely to have significant environmental impacts with the limitations contained in the CE (i.e. no extensive in-water work). Therefore, because approaches and/or embankments are consistent and integral to the category of activities intended to be excluded under this CE, the proposed activities were added to the illustrative list for CE #22.</P>
        <P>Several commenters suggest FRA include rehabilitating and maintaining existing docks and piers to accommodate maintenance activities within existing ports connecting to rail facilities to CE #22.</P>
        <P>FRA agrees that it is appropriate to adopt a modified version of the commenters' proposal. FRA finds that these activities are substantially similar to those already included as part of the illustrative list for CE #22 which are unlikely to have significant environmental impacts with the limitations contained in the CE (i.e. no extensive in-water work). In addition, FRA encounters these types of activities when involved in funding rail activities within ports. These projects are mostly related to improvements to the rail facilities in a port facility but also contain certain modest improvements to existing docks and/or piers to accommodate intermodal transfers. At present, even if FRA provides funding and the work is minor, because the activities are not covered by a CE, an EA is required even if the activities are otherwise appropriate for categorical exclusion.</P>
        <P>The CE also limits the potential impacts by imposing a spatial limitation (“predominantly within the existing right-of-way”) and an activity scope limitation (“do[es] not involve extensive in-water construction activities”). The limitation on in-water work coincides with the type of limitations on the extent of water impacts imposed through the use of nationwide permits issued by the U.S. Army Corps of Engineers. Should a project require an individual permit, the degree of impact to waters would be reviewed to determine if the project was consistent with the CE, or if an EA or EIS would be required. For these reasons, FRA has added “the rehabilitation or maintenance of the rail elements of docks or piers for the purposes of intermodal transfers” to permit limited work to rehabilitate or maintain the rail elements of docks and piers necessary to facilitate intermodal transfers.</P>
        <P>Several commenters are concerned that the illustrative lists of activities covered under the CEs are too narrow and suggest various additions to avoid excluding activities otherwise appropriate for categorical exclusion. Similarly, to clarify the purpose of the illustrative list, one commenter suggested FRA replace the phrase “such as” with “examples may include by are not limited to” for all of the CEs.</P>
        <P>The purpose of the list of illustrative activities is to provide project proponents and FRA with examples of the types of activities that should be covered by the CE not to exclude others that are not specifically mentioned. FRA does not believe the phrase “such as” in any way limits the range of potential activities covered by the CE to the list of illustrative activities. The CEQ Memorandum encourages agencies to structure CEs to “offer several examples of activities frequently performed by that agency's personnel.”</P>
        <P>Several commenters recommend FRA add, “other passenger amenities/improvements” to CE #24.” These activities would include “benches, signage, sidewalks or trails, equipment enclosures, and fencing.” FRA agrees these activities are appropriate for categorical exclusion and has added “passenger amenities, benches, signage, sidewalks or trails, equipment enclosures, and fencing” to the illustrative list for CE #24 because they are unlikely to have significant environmental impacts with the limitations contained in the CE and are consistent with the category of activities intended to be excluded under this CE.</P>
        <P>One commenter is concerned with the potential hazardous materials associated with CE #24, installation of electronic and communication systems. It is unclear from the comment how electronics and communication systems could cause impacts related to hazardous materials. In general, FRA considers the project's potential for impact on a variety of resource areas, including hazardous materials, when deciding if it can apply a CE. Consistent with FRA practice, the project proponent is required to provide information on the potential impacts related to hazardous materials where relevant. FRA believes that this level of screening is appropriate and sufficient to protect against potential release of hazardous substances associated with the installation of electronic and communication systems. Additionally, project proponents are required to comply with all State and Federal requirements for the handling, transportation and disposal of hazardous materials.</P>
        <P>Several commenters recommend that FRA add “wastewater treatment systems” to the illustrative list of activities in CE #25. FRA agrees that water pollution abatement systems reduce the potential for environmental impacts and finds that some types of waste water treatment systems may be appropriate for exclusion under this CE. Oil/water separators are commonly installed to mitigate storm water pollution from locomotive fueling and maintenance activities and FRA has determined that the installation, improvement, and operation of such separators are unlikely to result in significant environmental impacts. While FRA will include “storm water oil/water separators” in the illustrative list, FRA finds that “wastewater treatment facilities” can be broadly interpreted and is not appropriate as an example in the illustrative list.</P>
        <P>One commenter suggested clarifying or defining the term “right-of-way” and also suggested that FRA consider whether use of the term “railroad track” in CE #25 should actually be “railroad right-of-way”. While FRA does not believe it would be appropriate to define the term right-of-way in the context of establishing new CEs alone, we will consider this suggestion as we conduct a more comprehensive review of the FRA Environmental Procedures as a whole. With respect to the second comment, CE #25 associates remediation or prevention actions proximate to existing and former railroad track, infrastructure, stations, and facilities. This approach ties the actions to railroad features and activities rather than a property boundary that may or may not consistently relate to the railroad use that relates to the pollution in question.</P>
        <P>Several commenters suggest that the scope of CE #25 is too limited since additional remediation activities related to soils might be otherwise appropriate, but might be restricted as the CE is currently drafted. These commenters suggest adding the following language “any removal or remediation activity undertaken pursuant to an order, law, regulation, program, or policy”.</P>

        <P>As a matter of clarity, the illustrative list is not intended to restrict the range of remediation activities. To address the concern with the drafting of this CE, the limitation was moved to the CE definition to clarify that any applicable project should conform to applicable laws, regulations, and permits. This CE covers activities specifically undertaken to remediate past environmental degradation, to restore environmental conditions, or to prevent ongoing or potential pollution. As such, most covered actions have environmental benefits, and FRA believes the<PRTPAGE P="2717"/>installation and operation of remediation equipment associated with such remediation activities are unlikely to result in significant adverse environmental impacts. However, like all activities that might be categorically excluded, it is FRA's practice to require the project proponent to provide sufficient information to demonstrate that the proposed action is appropriate for categorical exclusion and is consistent with regulatory requirements that might apply to environmental remediation activities.</P>
        <P>One commenter is concerned with soil remediation elements of CE #25 because of the potential impacts from contaminated soil. The commenter also notes that public participation is essential in ensuring remediation activities are fully implemented and is concerned that such participation is absent from FRA's CE process.</P>
        <P>As discussed above, FRA's process for evaluating CEs requires project proponents to describe both the potential impacts of the project because of hazardous materials and to provide FRA with some information on the level of public involvement. FRA may ask for additional information with respect to both the level of public participation and the potential impacts related to hazardous material so that FRA staff have sufficient information to determine whether the project is appropriate for categorical exclusion or whether extraordinary circumstances exist requiring a more detailed environmental review.</P>
        <P>One commenter is concerned with CE #26 because it would allow the construction/installation of potentially large rail facilities without input from local communities. As discussed above, it is FRA's practice to review the scope of each project before deciding the project meets the requirements for one of the CEs. As part of this process, FRA considers the potential community and land use impacts of the project. If there is substantial public concern or other extraordinary circumstances, FRA will require the development of additional environmental analysis.</P>
        <P>Several commenters raised concerns with the reference to “existing land use and zoning” in CE #26 because in some cases railroads are exempt from local land use and zoning requirements. An example provided by a commenter is Amtrak's exemption under 49 U.S.C. 24902(j). While the commenters are correct that, in certain circumstances, railroads are exempt from certain local land use and zoning requirements, this comment overlooks the purpose of the limiting factors in all of the new CEs. The purpose of the factors is to limit the activities permitted under each CE based on FRA's experience to reduce the likelihood of environmental effects, including those to local communities. Such limitations are encouraged by the CEQ Memorandum where activities might be variable in their environmental effects resulting in some situations where the activity is appropriate for a CE and others where it is not.</P>
        <P>CE #26 does not require a project proponent to comply with local land use and zoning where it would be otherwise exempt, but rather places a limitation on the application of the CE because of potential for community impacts related to the construction of facilities that are not consistent with local land use and zoning.</P>
        <P>One commenter is concerned with CE #27 because of the potential for the release of hazardous substances associated with replacing rail, ties, and other wood infrastructure. As discussed above, it is FRA's practice to determine the potential project impacts related to hazardous materials prior to approving a CE. In addition, during project implementation, the project proponents are expected to comply with all applicable State and Federal laws regarding the handling, transportation, and disposal of hazardous materials.</P>
        <P>Two commenters suggest FRA add to the illustrative example list in CE #27, “installing, maintaining, or restoring drainage ditches; ballast cleaning, and; constructing minor curve realignments”. FRA agrees these activities are appropriate for categorical exclusion and therefore added “installing, maintaining, or restoring drainage ditches, cleaning ballast, constructing minor curve realignments” to the illustrative list because they are unlikely to have significant environmental impacts with the limitations contained in the CE and are consistent with the category of activities intended to be included under this CE.</P>
        <P>One commenter is concerned with the use of the term “predominantly” in CE #27 if the term would permit the installation of new tracks or other infrastructure improvements beyond the existing right-of-way. FRA intentionally included the term predominantly because in certain circumstances minor construction related activities (i.e. staging areas) may occur outside the railroad right-of-way due to spatial and safety constraints related to construction activities and equipment use near active rail corridors.</P>
        <P>Several commenters requested clarification of the term “substantial” in CE #27. Some commenters sought assurances that the term would not be interpreted restrictively so the CE could apply to more potential projects, while another wanted some assurance that the term would be read so that any new operations resulting from new infrastructure improvements would not interfere with existing operations.</P>
        <P>The reason for including “substantial” as a limiting factor is because additional train service beyond current levels resulting from a project might also have additional and potentially unanalyzed indirect environmental impacts.</P>
        <P>With respect to the request for assurance that the CEs would not be used to increase service interfering with existing operations, in light of the discussion above regarding the term “substantial”, there is no need for any clarification in the CE itself.</P>
        <HD SOURCE="HD1">III. Categorical Exclusions</HD>

        <P>Through this notice, FRA adds seven CEs to section 4(c) of FRA's Environmental Procedures. As discussed in the<E T="02">SUMMARY</E>section above, to consolidate the location of all FRA's CEs, the entire list of CEs is reproduced here, including the seven new CEs starting with number 21 and ending at number 27. This notice does not otherwise amend or modify the requirements described in FRA's Environmental Procedures.</P>
        <P>The following classes of FRA actions are categorically excluded:</P>
        <P>(1) Administrative procurements (e.g. for general supplies) and contracts for personal services;</P>
        <P>(2) Personnel actions;</P>
        <P>(3) Financial assistance or procurements for planning or design activities which do not commit the FRA or its applicants to a particular course of action affecting the environment;</P>
        <P>(4) Technical or other minor amendments to existing FRA regulations;</P>

        <P>(5) Internal orders and procedures not required to be published in the<E T="04">Federal Register</E>under the Administrative Procedure Act, 5 U.S.C. 552(a)(1);</P>
        <P>(6) Changes in plans for an FRA action for which an environmental document has been prepared, where the changes would not alter the environmental impacts of the action;</P>
        <P>(7) Rulemakings issued under section 17 of the Noise Control Act of 1972, 42 U.S.C. 4916;</P>
        <P>(8) State rail assistance grants under 49 U.S.C. 22101<E T="03">et seq.</E>for rail service continuation payments and acquisition, as defined in 49 CFR 266;</P>

        <P>(9) Guarantees of certificates for working capital under the Emergency Rail Services Act (45 U.S.C. 661<E T="03">et seq.</E>);</P>

        <P>(10) Hearings, meetings, or public affairs activities;<PRTPAGE P="2718"/>
        </P>
        <P>(11) Maintenance of: existing railroad equipment; track and bridge structures; electrification, communication, signaling, or security facilities; stations; maintenance-of-way and maintenance-of-equipment bases; and other existing railroad-related facilities. For purposes of this exemption “maintenance” means work, normally provided on a periodic basis including the changing of component parts, which does not change the existing character of the facility, and may include work characterized by other terms under specific FRA programs;</P>
        <P>(12) Temporary replacement of an essential rail facility if repairs are commenced immediately after the occurrence of a natural disaster or catastrophic failure;</P>
        <P>(13) Operating assistance to a railroad to continue existing service or to increase service to meet demand, where the assistance will not result in a change in the effect on the environment;</P>
        <P>(14) State rail assistance grants under 49 U.S.C. 22101<E T="03">et seq.</E>for relocation costs as that term is defined in 49 CFR Part 266, where the relocation involves transfer of a shipper to a site zoned for the relocated activity. This categorical exclusion shall not apply to the relocation of a shipper involved in the transportation of any material classified as a hazardous material by DOT in 49 CFR Part 172;</P>
        <P>(15) Financial assistance for the construction of minor loading and unloading facilities, provided that projects included in this category are consistent with local zoning, do not involve the acquisition of a significant amount of land, and do not significantly alter the traffic density characteristics of existing rail or highway facilities;</P>
        <P>(16) Minor rail line additions including construction of side tracks, passing tracks, crossovers, short connections between existing rail lines, and new tracks within existing rail yards provided that such additions are not inconsistent with existing zoning, do not involve acquisition of a significant amount of right-of-way, and do not significantly alter the traffic density characteristics of the existing rail lines or rail facilities;</P>
        <P>(17) Acquisition of track and bridge structures, electrification, communication, signaling or security facilities, stations, maintenance-of-way or maintenance-of-equipment bases, and other existing railroad facilities or the right to use such facilities, for the purpose of conducting operations of a nature and at a level of use similar to those presently or previously existing on the subject properties;</P>
        <P>(18) Research, development and/or demonstration of advances in signal, communication and/or train control systems on existing rail lines provided that such research, development and/or demonstrations do not require the acquisition of a significant amount of right-of-way, and do not significantly alter the traffic density characteristics of the existing rail line;</P>
        <P>(19) Improvements to existing facilities to service, inspect, or maintain rail passenger equipment, including expansion of existing buildings, the construction of new buildings and outdoor facilities, and the reconfiguration of yard tracks;</P>
        <P>(20) Promulgation of railroad safety rules and policy statements that do not result in significantly increased emissions of air or water pollutants or noise or increased traffic congestion in any mode of transportation;</P>
        <P>(21) Alterations to existing facilities, locomotives, stations and rail cars in order to make them accessible for the elderly and persons with disabilities, such as modifying doorways, adding or modifying lifts, constructing access ramps and railings, modifying restrooms, and constructing accessible platforms.</P>
        <P>(22) Bridge rehabilitation, reconstruction or replacement, the rehabilitation or maintenance of the rail elements of docks or piers for the purposes of intermodal transfers, and the construction of bridges, culverts, or grade separation projects, predominantly within existing right-of-way, that do not involve extensive in-water construction activities, such as projects replacing bridge components including stringers, caps, piles, or decks, the construction of roadway overpasses to replace at-grade crossings, construction or reconstruction of approaches and/or embankments to bridges, or construction or replacement of short span bridges.</P>
        <P>(23) Acquisition (including purchase or lease), rehabilitation, or maintenance of vehicles or equipment that does not cause a substantial increase in the use of infrastructure within the existing right-of-way or other previously disturbed locations, including locomotives, passenger coaches, freight cars, trainsets, and construction, maintenance or inspection equipment.</P>
        <P>(24) Installation, repair and replacement of equipment and small structures designed to promote transportation safety, security, accessibility, communication or operational efficiency that take place predominantly within the existing right-of-way and do not result in a major change in traffic density on the existing rail line or facility, such as the installation, repair or replacement of surface treatments or pavement markings, small passenger shelters, passenger amenities, benches, signage, sidewalks or trails, equipment enclosures, and fencing, railroad warning devices, train control systems, signalization, electric traction equipment and structures, electronics, photonics, and communications systems and equipment, equipment mounts, towers and structures, information processing equipment, and security equipment, including surveillance and detection cameras.</P>
        <P>(25) Environmental restoration, remediation and pollution prevention activities in or proximate to existing and former railroad track, infrastructure, stations and facilities conducted in conformance with applicable laws, regulations and permit requirements, including activities such as noise mitigation, landscaping, natural resource management activities, replacement or improvement to storm water oil/water separators, installation of pollution containment systems, slope stabilization, and contaminated soil removal or remediation activities.</P>
        <P>(26) Assembly or construction of facilities or stations that are consistent with existing land use and zoning requirements, do not result in a major change in traffic density on existing rail or highway facilities and result in approximately less than ten acres of surface disturbance, such as storage and maintenance facilities, freight or passenger loading and unloading facilities or stations, parking facilities, passenger platforms, canopies, shelters, pedestrian overpasses or underpasses, paving, or landscaping.</P>
        <P>(27) Track and track structure maintenance and improvements when carried out predominantly within the existing right-of-way that do not cause a substantial increase in rail traffic beyond existing or historic levels, such as stabilizing embankments, installing or reinstalling track, re-grading, replacing rail, ties, slabs and ballast, installing, maintaining, or restoring drainage ditches, cleaning ballast, constructing minor curve realignments, improving or replacing interlockings, and the installation or maintenance of ancillary equipment.</P>
        <SIG>
          <DATED>Issued in Washington, DC on January 4, 2013.</DATED>
          <NAME>Karen J. Hedlund,</NAME>
          <TITLE>Deputy Administrator.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00561 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-06-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="2719"/>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Surface Transportation Board</SUBAGY>
        <DEPDOC>[Docket No. FD 35689]</DEPDOC>
        <SUBJECT>BNSF Railway Company—Lease Exemption—Norfolk Southern Railway Company</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Surface Transportation Board, DOT.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of exemption.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>Under 49 U.S.C. 10502, the Board is granting a petition for exemption from the prior approval requirements of 49 U.S.C. 11323-25 for BNSF Railway Company (BNSF) to lease from Norfolk Southern Railway Company approximately 1.2 miles of rail line (the Line) located between W. 23 Street on the northern end and a point approximately 600 feet north of the Chicago SAG Canal on the southern end in Chicago, Ill. Under the lease, BNSF proposes to rehabilitate the currently inoperable Line to provide a new connection between major freight yards and main line tracks, thereby reducing congestion and delays and adding capacity to the Chicago area freight rail infrastructure. The lease exemption is subject to standard labor protective conditions.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>This exemption will be effective on January 24, 2013. Petitions to stay must be filed by January 22, 2013. Petitions to reopen must be filed by February 4, 2013.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>An original and 10 copies of all pleadings, referring to Docket No. FD 35689, 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 petitioner's representative: Karl Morell, 655 15th Street NW., Suite 225, Washington, DC 20005.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Marc Lerner, (202) 245-0390. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339.]</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>Additional information is in the Board's decision served on January 14, 2013. Board decisions and notices are available on our Web site at “<E T="03">www.stb.dot.gov</E>”.</P>
        <SIG>
          <DATED>Decided: January 8, 2013.</DATED>
          
          <P>By the Board, Chairman Elliott, Vice Chairman Begeman, and Commissioner Mulvey.</P>
          <NAME>Jeffrey Herzig,</NAME>
          <TITLE>Clearance Clerk.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00495 Filed 1-11-13; 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>January 8, 2013.</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 February 13, 2013 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>1535-0009.</P>
          <P>
            <E T="03">Type of Review:</E>Revision of a currently approved collection.</P>
          <P>
            <E T="03">Title:</E>Request to Reissue U.S. Savings Bonds to a Personal Trust.</P>
          <P>
            <E T="03">Form:</E>PD F 1851.</P>
          <P>
            <E T="03">Abstract:</E>The information is necessary to support a request for reissue of savings bonds in the name of the trustee of a personal trust estate.</P>
          <P>
            <E T="03">Affected Public:</E>Individuals or Households.</P>
          <P>
            <E T="03">Estimated Total Burden Hours:</E>4,500.</P>
          <P>
            <E T="03">OMB Number:</E>1535-0104.</P>
          <P>
            <E T="03">Type of Review:</E>Revision of a currently approved collection.</P>
          <P>
            <E T="03">Title:</E>Application by Survivors for Payment of Bond or Check Issued Under Armed Forces Leave Act of 1946.</P>
          <P>
            <E T="03">Form:</E>PD F 2066 E.</P>
          <P>
            <E T="03">Abstract:</E>Used by survivors for payment of bonds issued under Armed Forces Leave Act of 1946. The information is to identify the bonds and/or checks involved and to establish a survivor's claim in order to issue payment.</P>
          <P>
            <E T="03">Affected Public:</E>Individuals or Households.</P>
          <P>
            <E T="03">Estimated Total Burden Hours:</E>1,250.</P>
          <P>
            <E T="03">OMB Number:</E>1535-0105.</P>
          <P>
            <E T="03">Type of Review:</E>Revision of a currently approved collection.</P>
          <P>
            <E T="03">Title:</E>Application for Recognition as Natural Guardian of Minor Not Under Legal Guardianship and for Disposition of Minor's Interest In Registered Securities.</P>
          <P>
            <E T="03">Form:</E>PD F 2481.</P>
          <P>
            <E T="03">Abstract:</E>The information is collected to apply for recognition as a natural guardian and request disposition of securities belonging to a minor in situations where a natural guardian is no longer acting or a legal representative is not appointed. Regulations governing U.S. Securities prohibit the registration of securities in the name of a minor in their own right. The natural guardian may be given responsibility for the securities. The information is used to identify the securities involved and to establish the authority to reissue the securities or payment in lieu thereof.</P>
          <P>
            <E T="03">Affected Public:</E>Individuals or Households.</P>
          <P>
            <E T="03">Estimated Total Burden Hours:</E>208.</P>
          <SIG>
            <NAME>Dawn D. Wolfgang,</NAME>
            <TITLE>Treasury PRA Clearance Officer.</TITLE>
          </SIG>
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 2013-00475 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4810-39-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE TREASURY</AGENCY>
        <SUBAGY>Office of the Comptroller of the Currency</SUBAGY>
        <SUBJECT>Agency Information Collection Activities:Proposed Information Collection; Submission for OMB Review</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of the Comptroller of the Currency, Treasury.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice and request for comment.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Office of the Comptroller of the Currency (OCC), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a continuing information collection, as required by the Paperwork Reduction Act of 1995.</P>
          <P>An agency may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a currently valid OMB control number. The OCC is soliciting comment concerning its information collection titled, “Securities Exchange Act Disclosure Rules and Securities of Federal Savings Associations.”</P>

          <P>The OCC also is announcing that the proposed collection of information has<PRTPAGE P="2720"/>been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments must be received by February 13, 2013.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Communications Division, Office of the Comptroller of the Currency, Mailstop 6W-11, Attention: 1557-0106, Washington, DC 20219. In addition, comments may be sent by electronic mail to<E T="03">regs.comments@occ.treas.gov.</E>You may personally inspect and photocopy comments at the OCC, 400 7th Street SW., Washington, DC 20219. For security reasons, the OCC requires that visitors make an appointment to inspect comments. You may do so by calling (202) 649-6700. Upon arrival, visitors will be required to present valid government-issued photo identification and to submit to security screening in order to inspect and photocopy comments.</P>

          <P>Additionally, please send a copy of your comments by mail to: OCC Desk Officer, 1557-0106, U.S. Office of Management and Budget, 725 17th Street NW. #10235, Washington, DC 20503, or by electronic mail to<E T="03">oira_submission@omb.eop.gov.</E>
          </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>You can request additional information or a copy of the collection from Johnny Vilela or Mary H. Gottlieb, OCC Clearance Officers, (202) 649-5490, Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, Washington, DC 20219.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>In compliance with 44 U.S.C. 3507, the OCC has submitted the following proposed collection of information to OMB for review and clearance.</P>
        <HD SOURCE="HD1">Securities Exchange Act Disclosure Rules and Securities of Federal Savings Association—12 CFR 11 and 12 CFR 194 (OMB Control Number 1557-0106)</HD>
        <P>The OCC is proposing to extend OMB approval of the following information collection:</P>
        <P>
          <E T="03">Title:</E>Securities Exchange Act Disclosure Rules (12 CFR part 11) and Securities of Federal Savings Associations (12 CFR part 194).</P>
        <P>
          <E T="03">OMB Control No.:</E>1557-0106.</P>
        <P>
          <E T="03">Description:</E>This submission covers an existing regulation and involves no change to the regulation or to the information collection requirements. The OCC requests only that OMB approve its revised estimates.</P>
        <P>The Securities and Exchange Commission (SEC) is required by statute to collect, through regulation, from any firm that is required to register its stock with the SEC, certain information and documents. 15 U.S.C. 78m(a)(1). Federal law requires the OCC to apply equivalent requirements to any national bank or Federal savings association required to be registered (those with a class of equity securities held by 2,000 or more shareholders). 15 U.S.C. 78l(i).</P>
        <P>12 CFR parts 11 and 194 seek to ensure that a national bank or Federal savings association whose securities are subject to registration provides adequate information about its operations to current and potential shareholders, depositors, and to the public. The OCC reviews the information to ensure that registered national banks and Federal savings associations comply with Federal law and makes public all information required to be filed under these rules. Investors, depositors, and the public use this information to make informed investment decisions.</P>
        <P>In the<E T="04">Federal Register</E>of October 24, 2012 (77 FR 65054), the OCC published a 60-day notice requesting public comment on the templates and the collection of information. The OCC received no comments on the collection of information portion of the notice.</P>
        <HD SOURCE="HD2">Burden Estimates</HD>
        <P>The OCC estimates the burden of this collection of information as follows:</P>
        <P>
          <E T="03">Estimated Number of Respondents:</E>14.</P>
        <P>
          <E T="03">Estimated Total Annual Responses:</E>78.</P>
        <P>
          <E T="03">Estimated Total Annual Burden:</E>522.5 hours.</P>
        <P>Comments continue to be invited on:</P>
        <P>(a) Whether the collection of information is necessary for the proper performance of the functions of the OCC, including whether the information has practical utility;</P>
        <P>(b) The accuracy of the OCC's estimate of the burden of the collection of information;</P>
        <P>(c) Ways to enhance the quality, utility, and clarity of the information to be collected;</P>
        <P>(d) Ways to minimize the burden of the collection on respondents, including through the use of automated collection techniques or other forms of information technology; and</P>
        <P>(e) Estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information.</P>
        <SIG>
          <DATED>Dated: January 8, 2013.</DATED>
          <NAME>Michele Meyer,</NAME>
          <TITLE>Assistant Director, Legislative and Regulatory Activities Division.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00531 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE TREASURY</AGENCY>
        <SUBAGY>Office of the Comptroller of the Currency</SUBAGY>
        <SUBJECT>Agency Information Collection Activities:Proposed Information Collection; Comment Request</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of the Comptroller of the Currency (OCC), Treasury.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice and request for comment.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites comment on a continuing information collection, as required by the Paperwork Reduction Act of 1995. An agency may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a currently valid OMB control number. The OCC is soliciting comment concerning its information collection titled, “Privacy of Consumer Financial Information (Regulation P).”</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>You should submit written comments by March 15, 2013.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Communications Division, Office of the Comptroller of the Currency, Mailstop 6W-11, Attention: 1557-0216, Washington, DC 20219. In addition, comments may be sent by fax to (202) 649-5709 or by electronic mail to<E T="03">regs.comments@occ.treas.gov.</E>You may personally inspect and photocopy the comments at the OCC, 400 7th SW., Washington, DC 20219. For security reasons, the OCC requires that visitors make an appointment to inspect comments. You may do so by calling (202) 649-6700. Upon arrival, visitors will be required to present valid government-issued photo identification and to submit to security screening in order to inspect and photocopy comments.</P>

          <P>Additionally, you should send a copy of your comments by mail to OCC Desk Officer, 1557-0216, U.S. Office of Management and Budget, 725, 17th Street NW., #10235, Washington, DC 20503, or by electronic mail to<E T="03">oira_submission@omb.eop.gov.</E>
          </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>You can request additional information or a copy of the collection from Mary H. Gottlieb and Johnny Vilela, OCC Clearance Officers, (202) 649-5490, Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, Washington, DC 20219.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>The OCC is proposing to extend OMB approval of the following information collection titled “Privacy of Consumer Financial Information (Regulation P). There have<PRTPAGE P="2721"/>been no changes to the requirements of the regulations; however, the regulations have been transferred to the Bureau of Consumer Financial Protection (CFPB) pursuant to title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 111-203, 124 Stat. 1955, July 21, 2010 (Dodd-Frank Act) and republished as CFPB regulations (76 FR 79028 (December 21, 2011)). The burden estimates have been revised to remove the burden for national banks and Federal savings associations with over $10 billion in total assets and any affiliates thereof, which is now carried by CFPB pursuant to section 1025 of the Dodd-Frank Act. The OCC retains supervisory and enforcement authority for national banks and Federal savings associations with total assets of $10 billion or less that are not an affiliate of an insured depository institution with over $10 billion in total assets.</P>
        <P>
          <E T="03">Title:</E>Privacy of Consumer Financial Information (Regulation P) (12 CFR part 1016).</P>
        <P>
          <E T="03">OMB Control No.:</E>1557-0216.</P>
        <P>
          <E T="03">Description:</E>
        </P>
        <P>The Gramm-Leach-Bliley Act (Act) (Pub. L. 106-102) requires this information collection. The CFPB's regulation implements the Act's notice requirements and restrictions on a financial institution's ability to disclose nonpublic personal information about consumers to nonaffiliated third parties.</P>
        <P>The information collection requirements in part 1016 are as follows:</P>
        <P>
          <E T="03">§ 1016.4(a)—Disclosure (institution)—</E>
          <E T="03">Initial privacy notice to consumers requirement</E>—A national bank or Federal savings association must provide a clear and conspicuous notice that accurately reflects its privacy policies and practices to customers and consumers.</P>
        <P>
          <E T="03">§ 1016.5(a)—Disclosure (institution)—Annual privacy notice to customers requirement</E>—A national bank or Federal savings association must provide a clear and conspicuous notice to customers that accurately reflects its privacy policies and practices not less than annually during the continuation of the customer relationship.</P>
        <P>
          <E T="03">§ 1016.8—Disclosure (institution)—</E>
          <E T="03">Revised privacy notices</E>—If a national bank or Federal savings association wishes to disclose information in a way that is inconsistent with the notices previously given to a consumer, the national bank or Federal savings association must provide consumers with a clear and conspicuous revised notice of the national bank's or Federal savings association's policies and procedures and a new opt out notice.</P>
        <P>
          <E T="03">§ 1016.7(a)—Disclosure (institution)—</E>
          <E T="03">Form of opt out notice to consumers; opt out methods—Form of opt out notice</E>—If a national bank or Federal savings association is required to provide an opt-out notice under § 1016.10(a), it must provide a clear and conspicuous notice to each of its consumers that accurately explains the right to opt out under that section. The notice must state:</P>
        <P>• That the national bank or Federal savings association discloses or reserves the right to disclose nonpublic personal information about its consumer to a nonaffiliated third party;</P>
        <P>• That the consumer has the right to opt out of that disclosure; and</P>
        <P>• A reasonable means by which the consumer may exercise the opt out right.</P>
        <P>A national bank or Federal savings association provides a reasonable means to exercise an opt out right if it:</P>
        <P>• Designates check-off boxes on the relevant forms with the opt out notice;</P>
        <P>• Includes a reply form with the opt out notice;</P>
        <P>• Provides electronic means to opt out; or</P>
        <P>• Provides a toll-free number to opt out.</P>
        <P>
          <E T="03">§§ 1016.10(a)(2) and 1016(c)—Consumers must take affirmative actions to exercise their rights to prevent financial institutions from sharing their information with nonaffiliated parties</E>—</P>
        <P>• Opt out—Consumers may direct that the national bank or Federal savings association not disclose nonpublic personal information about them to a nonaffiliated third party, other than permitted by §§ 1016.13-1016.15</P>
        <P>• Partial opt out—Consumer also may exercise partial opt out rights by selecting certain nonpublic personal information or certain nonaffiliated third parties with respect to which the consumer wishes to opt out.</P>
        <P>
          <E T="03">§§ 1016.7(h) and 1016(i)—Reporting (consumer)—Consumers may exercise continuing right to opt out—Consumer may opt out at any time</E>—A consumer may exercise the right to opt out at any time. A consumer's direction to opt out is effective until the consumer revokes it in writing or, if the consumer agrees, electronically. When a customer relationship terminates, the customer's opt out direction continues to apply.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.<E T="03">Affected Public:</E>Businesses or other for-profit; individuals.<E T="03">Estimated Annual Number of Institution Respondents:</E>Initial Notice, 3; Annual Notice and Change in Terms, 1,793; Opt-out Notice, 897.<E T="03">Estimated Average Time Per Response Per Institution:</E>Initial Notice, 80 hours; Annual Notice and Change in Terms, 8 hours; Opt-out Notice, 8 hours.</P>
        <P>
          <E T="03">Estimated Subtotal Annual Burden Hours for Institutions:</E>21,760 hours.</P>
        <P>
          <E T="03">Estimated Annual Number of Consumer Respondents:</E>2,526,802.</P>
        <P>
          <E T="03">Estimated Average Time Per Consumer Response:</E>0.25 hours.</P>
        <P>
          <E T="03">Estimated Subtotal Annual Burden Hours for Consumers:</E>631,701 hours.</P>
        <P>
          <E T="03">Estimated Total Annual Burden Hours:</E>653,461 hours.</P>
        <P>Comments submitted in response to this notice will be summarized and included in the request for OMB approval. All comments received, including attachments and other supporting materials, are part of the public record and subject to public disclosure. Do not enclose any information in your comment or supporting materials that you consider confidential or inappropriate for public disclosure. Comments are invited on:</P>
        <P>(a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information has practical utility;</P>
        <P>(b) The accuracy of the agency's estimate of the burden of the collection of information;</P>
        <P>(c) Ways to enhance the quality, utility, and clarity of the information to be collected;</P>
        <P>(d) Ways to minimize the burden of the collection on respondents, including through the use of automated collection techniques or other forms of information technology; and</P>
        <P>(e) Estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information.</P>
        <SIG>
          <DATED>Dated: January 8, 2013.</DATED>
          <NAME>Michele Meyer,</NAME>
          <TITLE>Assistant Director, Legislative and Regulatory Activities Division.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00530 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4810-33-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE TREASURY</AGENCY>
        <SUBAGY>Office of Foreign Assets Control</SUBAGY>
        <SUBJECT>Designation of Entities Pursuant to Executive Order 13413</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 name of two entities whose property and interests in property have been blocked pursuant to Executive Order 13413 of October 27,<PRTPAGE P="2722"/>2006, “Blocking Property of Certain Persons Contributing to the Conflict in the Democratic Republic of Congo.”</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The designation by the Director of OFAC of the two entities identified in this notice, pursuant to Executive Order 13413 of October 27, 2006, is effective on January 3, 2013.</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.treas.gov/ofac</E>) and via facsimile through a 24-hour fax-on demand service, tel.: (202) 622-0077.</P>
        <HD SOURCE="HD1">Background</HD>

        <P>On October 27, 2006, the President signed Executive Order 13413 (the “Order” or “E.O. 13413”) 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) and section 5 of the United Nations Participation Act, as amended (22 U.S.C. 287c) (UNPA). In the Order, the President found that the situation in or in relation to the Democratic Republic of the Congo constitutes an unusual and extraordinary threat to the foreign policy of the United States and imposed sanctions, and authorized additional sanctions, to address that threat.</P>
        <P>Section 1 of the Order 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 identified by the President in the Annex to the Order, as well as those persons determined by the Secretary of the Treasury, after consultation with the Secretary of State, to meet any of the criteria set forth in subparagraphs (a)(ii)(A)-(a)(ii)(G) of Section 1 of the Order.</P>
        <P>On January 3, 2013, the Director of OFAC exercised the Secretary of the Treasury's authority to designate, pursuant to one or more of the criteria set forth in Section 1 of the Order, the two entities listed below, whose property and interests in property therefore are blocked pursuant to E.O. 13413. The listing of the blocked entities appears as follows:</P>
        <P>1. FORCES DEMOCRATIQUES DE LIBERATION DU RWANDA (a.k.a. COMBATANT FORCE FOR THE LIBERATION OF RWANDA; a.k.a. DEMOCRATIC FORCES FOR THE LIBERATION OF RWANDA; a.k.a. FDLR; a.k.a. “FOCA”; a.k.a. FORCE COMBATTANTE ABACUNGUZI), North and South Kivu, Congo, Democratic Republic of the [DRCONGO]</P>

        <P>2. M23 (a.k.a. ARMEE REVOLUTIONAIRE CONGOLAISE; a.k.a. CONGOLESE REVOLUTIONARY ARMY; a.k.a. MARCH 23 MOVEMENT; a.k.a. MOUVEMENT DU 23 MARS), North-Kivu, Congo, Democratic Republic of the; Web site<E T="03">www.m23mars.org</E>[DRCONGO]</P>
        <SIG>
          <DATED>Dated: January 3, 2013.</DATED>
          <NAME>Adam J. Szubin,</NAME>
          <TITLE>Director, Office of Foreign Assets Control.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00549 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4810-AL-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE TREASURY</AGENCY>
        <SUBAGY>Office of Foreign Assets Control</SUBAGY>
        <SUBJECT>Designation of Individuals Pursuant to Executive Order 13413</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 name of two individuals whose property and interests in property have been blocked pursuant to Executive Order 13413 of October 27, 2006, “Blocking Property of Certain Persons Contributing to the Conflict in the Democratic Republic of Congo.”</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The designation by the Director of OFAC of the two individuals identified in this notice, pursuant to Executive Order 13413 of October 27, 2006, was effective on December 18, 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.treas.gov/ofac</E>) and via facsimile through a 24-hour fax-on demand service, tel.: (202) 622-0077.</P>
        <HD SOURCE="HD1">Background</HD>

        <P>On October 27, 2006, the President signed Executive Order 13413 (the “Order” or “E.O. 13413”) 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) and section 5 of the United Nations Participation Act, as amended (22 U.S.C. 287c) (UNPA). In the Order, the President found that the situation in or in relation to the Democratic Republic of the Congo constitutes an unusual and extraordinary threat to the foreign policy of the United States and imposed sanctions, and authorized additional sanctions, to address that threat.</P>
        <P>Section 1 of the Order 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 identified by the President in the Annex to the Order, as well as those persons determined by the Secretary of the Treasury, after consultation with the Secretary of State, to meet any of the criteria set forth in subparagraphs (a)(ii)(A)-(a)(ii)(G) of Section 1 of the Order.</P>
        <P>On December 18, 2012, the Director of OFAC exercised the Secretary of the Treasury's authority to designate, pursuant to one or more of the criteria set forth in Section 1 of the Order, the two individuals listed below, whose property and interests in property therefore are blocked pursuant to E.O. 13413.</P>
        <P>The listing of the blocked individuals appears as follows:</P>
        <P>1. KAINA, Innocent (a.k.a. KAYNA, Innocent); DOB 1978; POB Bunagana, Rutshuru territory, Democratic Republic of the Congo; Colonel (individual) [DRCONGO]</P>
        <P>2. NGARUYE, Baudoin (a.k.a. NGARUYE MPUMURO, Baudouin; a.k.a. NGARUYE WA MYAMURO, Baudoin); DOB 1978; POB Lusamambo, Lubero territory, Democratic Republic of the Congo; Colonel (individual) [DRCONGO]</P>
        <SIG>
          <DATED>Dated: January 3, 2013.</DATED>
          <NAME>Adam J. Szubin,</NAME>
          <TITLE>Director, Office of Foreign Assets Control.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00547 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4810-AL-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE TREASURY</AGENCY>
        <SUBAGY>Internal Revenue Service</SUBAGY>
        <SUBJECT>Proposed Collection; Comment Request for Form 13920 and 13930</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Internal Revenue Service (IRS), Treasury.</P>
        </AGY>
        <ACT>
          <PRTPAGE P="2723"/>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice and request for comments.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 13920, Directed Withholding and Deposit Verification and Form 13930, Central Withholding Agreement.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Written comments should be received on or before March 15, 2013 to be assured of consideration.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Direct all written comments to Yvette Lawrence, Internal Revenue Service, room 6129, 1111 Constitution Avenue NW., Washington, DC 20224.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Requests for additional information or copies of the form and instructions should be directed to R. Joseph Durbala, (202) 622-3634, at Internal Revenue Service, room 6129, 1111 Constitution Avenue NW., Washington, DC 20224, or through the Internet at<E T="03">RJoseph.Durbala@irs.gov</E>.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P SOURCE="NPAR">
          <E T="03">Title:</E>Directed Withholding and Deposit Verification and Central Withholding Agreement.</P>
        <P>
          <E T="03">OMB Number:</E>1545-2102.</P>
        <P>
          <E T="03">Form Number:</E>Form 13920 and 13930.</P>
        <P>
          <E T="03">Abstract:</E>Form 13930 will be used by an individual who wishes to have a Central Withholding Agreement (CWA). IRC Section 1441(a) requires withholding on certain payments of Non Resident Aliens (NRAs). Section 1.1441-4(b)(3) of the Income Tax Regulations provides that the withholding can be considered for adjustment if a CWA is applied for and granted. Form 13920 is used by withholding agents to verify to IRS that required deposits were made and give the amount of such deposits.</P>
        <P>
          <E T="03">Current Actions:</E>We are seeking to add Form 13920 under the current approval number 1545-2102.</P>
        <P>
          <E T="03">Type of Review:</E>Revision to Previously Approved IC.</P>
        <P>
          <E T="03">Affected Public:</E>Businesses and other for-profit organizations, Not-for-profit organizations, and State, Local, or Tribal Governments.</P>
        <HD SOURCE="HD1">Form 13920</HD>
        <P>
          <E T="03">Estimated Number of Respondents:</E>8,100.</P>
        <P>
          <E T="03">Estimated Time Per Respondent:</E>20 minutes.</P>
        <P>
          <E T="03">Estimated Total Annual Burden Hours:</E>2,700.</P>
        <HD SOURCE="HD1">Form 13930</HD>
        <P>
          <E T="03">Estimated Number of Respondents:</E>2,300.</P>
        <P>
          <E T="03">Estimated Time Per Respondent:</E>4 hours.</P>
        <P>
          <E T="03">Estimated Total Annual Burden Hours:</E>9,200.</P>
        <P>The following paragraph applies to all of the collections of information covered by this notice:</P>
        <P>An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103.</P>
        <P>
          <E T="03">Request for Comments:</E>Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information.</P>
        <SIG>
          <DATED>Approved: January 8, 2013.</DATED>
          <NAME>R. Joseph Durbala,</NAME>
          <TITLE>IRS Reports Clearance Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2013-00494 Filed 1-11-13; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4830-01-P</BILCOD>
    </NOTICE>
  </NOTICES>
  <VOL>78</VOL>
  <NO>9</NO>
  <DATE>Monday, January 14, 2013</DATE>
  <UNITNAME>Proposed Rules</UNITNAME>
  <NEWPART>
    <PTITLE>
      <PRTPAGE P="2725"/>
      <PARTNO>Part II</PARTNO>
      <AGENCY TYPE="P">Department of Commerce</AGENCY>
      <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
      <HRULE/>
      <CFR>50 CFR Part 226</CFR>
      <TITLE>Endangered and Threatened Species; Designation of Critical Habitat for Lower Columbia River Coho Salmon and Puget Sound Steelhead; Proposed Rule</TITLE>
    </PTITLE>
    <PRORULES>
      <PRORULE>
        <PREAMB>
          <PRTPAGE P="2726"/>
          <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
          <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
          <CFR>50 CFR Part 226</CFR>
          <DEPDOC>[Docket No. 110726419-2714-01]</DEPDOC>
          <RIN>RIN 0648-BB30</RIN>
          <SUBJECT>Endangered and Threatened Species; Designation of Critical Habitat for Lower Columbia River Coho Salmon and Puget Sound Steelhead</SUBJECT>
          <AGY>
            <HD SOURCE="HED">AGENCY:</HD>
            <P>National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.</P>
          </AGY>
          <ACT>
            <HD SOURCE="HED">ACTION:</HD>
            <P>Proposed rule; request for comments.</P>
          </ACT>
          <SUM>
            <HD SOURCE="HED">SUMMARY:</HD>

            <P>We, the National Marine Fisheries Service (NMFS), propose to designate critical habitat for lower Columbia River coho salmon (<E T="03">Oncorhynchus kisutch</E>) and Puget Sound steelhead (<E T="03">O. mykiss</E>), currently listed as threatened species under the Endangered Species Act (ESA). The specific areas proposed for designation for lower Columbia River coho include approximately 2,288 mi (3,681 km) of freshwater and estuarine habitat in Oregon and Washington. The specific areas proposed for designation for Puget Sound steelhead include approximately 1,880 mi (3,026 km) of freshwater and estuarine habitat in Puget Sound, Washington. We propose to exclude a number of particular areas from designation because the benefits of exclusion outweigh the benefits of inclusion and exclusion will not result in the extinction of the species.</P>
            <P>We are soliciting comments from the public on all aspects of the proposal, including information on the economic, national security, and other relevant impacts of the proposed designations, as well as the benefits to the species from designations. We will consider additional information received prior to making final designations.</P>
          </SUM>
          <DATES>
            <HD SOURCE="HED">DATES:</HD>
            <P>Comments on this proposed rule must be received by 5 p.m. P.S.T. on April 15, 2013. Requests for public hearings must be made in writing by February 28, 2013.</P>
          </DATES>
          <ADD>
            <HD SOURCE="HED">ADDRESSES:</HD>
            <P>You may submit comments on the proposed rule, identified by FDMS docket number [NOAA-NMFS-2012-0224], by any one of the following methods:</P>
            <P>•<E T="03">Electronic Submissions:</E>Submit all electronic public comments via the Federal eRulemaking Portal:<E T="03">http://www.regulations.gov.</E>Follow the instructions for submitting comments.</P>
            <P>•<E T="03">Fax:</E>503-230-5441, Attn: Steve Stone.</P>
            <P>•<E T="03">Mail:</E>Chief, Protected Resources Division, Northwest Region, National Marine Fisheries Service, 1201 NE. Lloyd Blvd., Suite 1100, Portland, OR 97232.</P>
            <P>
              <E T="03">Instructions:</E>Comments will be posted for public viewing as soon as possible during the comment period. All comments received are a part of the public record and will generally be posted to<E T="03">http://www.regulations.gov</E>without change. We may elect not to post comments with obscene or threatening content. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information.</P>

            <P>We will accept anonymous comments (enter N/A in the required fields, if you wish to remain anonymous). You may submit attachments to electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only. The proposed rule, list of references and supporting documents (including the Draft Biological Report (NMFS 2012a), the Draft Economic Analysis (NMFS 2012b), and the Draft Section 4(b)(2) Report (NMFS 2012c)) are also available electronically at<E T="03">http://www.nwr.noaa.gov.</E>
            </P>
          </ADD>
          <FURINF>
            <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
            <P>Steve Stone, NMFS, Northwest Region, Protected Resources Division, at the address above or at 503-231-2317; or Dwayne Meadows, NMFS, Office of Protected Resources, Silver Spring, MD, 301-427-8403.</P>
          </FURINF>
        </PREAMB>
        <SUPLINF>
          <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
          <P/>
          <HD SOURCE="HD1">Background</HD>

          <P>We are responsible for determining whether species, subspecies, or distinct population segments (DPSs) are threatened or endangered and which areas of their habitat constitute critical habitat for them under the ESA (16 U.S.C. 1531<E T="03">et seq.</E>). To be considered for listing under the ESA, a group of organisms must constitute a “species,” which is defined in section 3 to include “any subspecies of fish or wildlife or plants, and any distinct population segment of any species of vertebrate fish or wildlife which interbreeds when mature.” The agency has determined that a group of Pacific salmon populations (including lower Columbia River coho) qualifies as a distinct population segment (DPS) if the group is substantially reproductively isolated and represents an important component in the evolutionary legacy of the biological species (56 FR 58612, November 20, 1991). We determined that a group of Pacific steelhead populations qualifies as a DPS if it is markedly separate and significant to its taxon (61 FR 4722, February 7, 1996; 71 FR 834, January 5, 2006). In previous rulemaking we determined that lower Columbia River coho (70 FR 37160, June 28, 2005) and Puget Sound steelhead (72 FR 26722, May 11, 2007) are each DPSs that warrant protection as threatened species under the ESA. We also determined that critical habitat was not determinable at the time of those final listing decisions and announced that we would propose critical habitat in separate rulemaking. Since the time of listing, the recovery planning process has progressed for these two DPSs and additional new information is now available to better inform the designation process. In view of these developments, we published an advance notice of proposed rulemaking (ANPR) on January 10, 2011 (76 FR 1392), to make the public aware of the opportunity to provide us with comments and information that may be useful in making proposed critical habitat designations for these two DPSs. We received several comments and datasets in response to the ANPR, and these have been reviewed and incorporated as appropriate into documents and analyses supporting this proposed rule (NMFS, 2012a; NMFS, 2012c). We encourage those who submitted comments on the ANPR to review and comment on this proposed rule as well. We will address all relevant comments in the final rule.</P>

          <P>We considered various alternatives to the critical habitat designation for these DPSs. The alternative of not designating critical habitat would impose no economic, national security, or other relevant impacts, but would not provide any conservation benefit to the species. This alternative was considered and rejected because such an approach does not meet the legal requirements of the ESA and would not provide for the conservation of these species. The alternative of designating all of the areas considered for designation (i.e., no areas excluded) was also considered and rejected because, for several areas, the benefits of exclusion outweighed the benefits of designation, and we determined that exclusion of these areas would not significantly impede conservation of the species or result in extinction of the species. The total estimated annualized economic impact associated with the designation of all of the areas considered would be $357,815<PRTPAGE P="2727"/>for lower Columbia River coho and $460,924 for Puget Sound steelhead.</P>
          <P>An alternative to designating critical habitat within all of the areas considered for designation is the designation of critical habitat within a subset of these areas. Under section 4(b)(2) of the ESA, we must consider the economic impacts, impacts on national security, and other relevant impacts of designating any particular area as critical habitat. We have the discretion to exclude an area from designation as critical habitat if the benefits of exclusion (i.e., the impacts that would be avoided if an area were excluded from the designation) outweigh the benefits of designation (i.e., the conservation benefits to these species if an area were designated), so long as exclusion of the area will not result in extinction of the species. Exclusion under section 4(b)(2) of the ESA of one or more of the areas considered for designation would reduce the total impacts of designation.</P>
          <P>The determination of which units to exclude depends on our ESA section 4(b)(2) analysis, which is conducted for each area and described in detail in the draft ESA 4(b)(2) report (NMFS, 2012c). Under the preferred alternative we propose to exclude Indian lands as well as areas covered by several NMFS-approved habitat conservation plans. We also propose to exclude—due to economic impacts—some or all of the habitat areas in 1 of the 55 watersheds considered for lower Columbia River coho and 4 of the 66 watersheds considered for Puget Sound steelhead. The total estimated economic impact associated with the areas excluded due to economic impacts under this preferred alternative is $13,500 for lower Columbia River coho and $157,100 for Puget Sound steelhead. We determined that the exclusion of these areas would not significantly impede the conservation of either DPS or result in its extinction. We selected this as the preferred alternative because it results in a critical habitat designation that provides for the conservation of both lower Columbia River coho and Puget Sound steelhead while reducing economic and other relevant impacts. This alternative also meets the requirements under the ESA and our joint NMFS-U.S. Fish and Wildlife Service regulations concerning critical habitat.</P>
          <HD SOURCE="HD1">Identifying Proposed Critical Habitat</HD>
          <HD SOURCE="HD2">Pacific Salmon and Steelhead Biology and Habitat Use</HD>
          <P>Pacific salmon and steelhead are anadromous fish, meaning adults migrate from the ocean to spawn in freshwater lakes and streams where their offspring hatch and rear prior to migrating back to the ocean to forage until maturity. The migration and spawning times vary considerably between and within species and populations (Groot and Margolis, 1991). At spawning, adults pair to lay and fertilize thousands of eggs in freshwater gravel nests or “redds” excavated by females. Depending on lake/stream temperatures, eggs incubate for several weeks to months before hatching as “alevins” (a larval life stage dependent on food stored in a yolk sac). Following yolk sac absorption, alevins emerge from the gravel as young juveniles called “fry” and begin actively feeding. Depending on the species and location, juveniles may spend from a few hours to several years in freshwater areas before migrating to the ocean. The physiological and behavioral changes required for the transition to salt water result in a distinct “smolt” stage in most species. On their journey juveniles must migrate downstream through every riverine and estuarine corridor between their natal (birth) lake or stream and the ocean. En route to the ocean the juveniles may spend from a few days to several weeks in the estuary, depending on the species. The highly productive estuarine environment is an important feeding and acclimation area for juveniles preparing to enter marine waters.</P>
          <P>Juveniles and subadults typically spend from one to five years foraging over thousands of miles in the North Pacific Ocean before returning to spawn. Some species, such as coho salmon, have precocious life history types (primarily male fish called “jacks”) that mature and spawn after only several months in the ocean. Spawning migrations known as “runs” occur throughout the year, varying by species and location. Most adult fish return or “home” with great fidelity to spawn in their natal stream, although some do stray to non-natal streams. Salmon species die after spawning, while steelhead may return to the ocean and make repeat spawning migrations.</P>

          <P>This complex life cycle gives rise to complex habitat needs, particularly during the freshwater phase (see review by Spence<E T="03">et al.,</E>1996). Spawning gravels must be of a certain size and free of sediment to allow successful incubation of the eggs. Eggs also require cool, clean, and well-oxygenated waters for proper development. Juveniles need abundant food sources, including insects, crustaceans, and other small fishes. They need places to hide from predators (mostly birds and bigger fishes), such as under logs, root wads and boulders in the stream, and beneath overhanging vegetation. They also need places to seek refuge from periodic high flows (side channels and off channel areas) and from warm summer water temperatures (coldwater springs and deep pools). Returning adults generally do not feed in fresh water but instead rely on limited energy stores to migrate, mature, and spawn. Like juveniles, they also require cool water and places to rest and hide from predators. During all life stages salmon and steelhead require cool water that is free of contaminants. They also require migratory corridors with adequate passage conditions (timing, water quality, and water quantity) to allow access to the various habitats required to complete their life cycle.</P>

          <P>The homing fidelity of salmon and steelhead has created a meta-population structure with discrete populations distributed among watersheds (McElhany<E T="03">et al.,</E>2000). Low levels of straying result in regular genetic exchange among populations, creating genetic similarities among populations in adjacent watersheds. Maintenance of the meta-population structure requires a distribution of populations among watersheds where environmental risks (e.g., from landslides or floods) are likely to vary. It also requires migratory connections among the watersheds to allow for periodic genetic exchange and alternate spawning sites in the case that natal streams are inaccessible due to natural events such as a drought or landslide.</P>
          <P>More details regarding life history and habitat requirements of lower Columbia River coho and Puget Sound steelhead are found later in this rule under Species Descriptions and Area Assessments, as well as in the final listing rules cited above.</P>
          <HD SOURCE="HD2">Statutory and Regulatory Background for Critical Habitat Designations</HD>
          <P>The ESA defines critical habitat under section 3(5)(A) as: “(i) the specific areas within the geographical area occupied by the species, at the time it is listed * * * on which are found those physical or biological features (I) essential to the conservation of the species and (II) which may require special management considerations or protection; and (ii) specific areas outside the geographical area occupied by the species at the time it is listed * * * upon a determination by the Secretary [of Commerce] that such areas are essential for the conservation of the species.”</P>

          <P>Section 4(a) of the ESA precludes military land from designation, where<PRTPAGE P="2728"/>that land is covered by an Integrated Natural Resource Management Plan that the Secretary has found in writing will benefit the listed species.</P>
          <P>Section 4(b)(2) of the ESA requires us to designate critical habitat for threatened and endangered species “on the basis of the best scientific data available and after taking into consideration the economic impact, the impact on national security, and any other relevant impact, of specifying any particular area as critical habitat.” This section grants the Secretary of Commerce (Secretary) discretion to exclude any area from critical habitat if he determines “the benefits of such exclusion outweigh the benefits of specifying such area as part of the critical habitat.” In adopting this provision, Congress explained that, “[t]he consideration and weight given to any particular impact is completely within the Secretary's discretion.” H.R. No. 95-1625, at 16-17 (1978). The Secretary's discretion to exclude is limited, as he may not exclude areas that “will result in the extinction of the species.”</P>
          <P>Once critical habitat is designated, section 7 of the ESA requires Federal agencies to ensure they do not fund, authorize, or carry out any actions that will destroy or adversely modify that habitat. This requirement is in addition to the section 7 requirement that Federal agencies ensure their actions do not jeopardize the continued existence of listed species.</P>
          <HD SOURCE="HD2">Methods and Criteria Used To Identify Critical Habitat</HD>
          <P>In the following sections, we describe the relevant definitions and requirements in the ESA and our implementing regulations and the key methods and criteria used to prepare this proposed critical habitat designation. Discussion of the specific implementation of each item occurs within the species-specific sections. In accordance with section 4(b)(2) of the ESA and our implementing regulations (50 CFR 424.12), this proposed rule is based on the best scientific information available concerning the species' present and historical range, habitat, and biology, as well as threats to their habitat. In preparing this proposed rule, we reviewed and summarized current information on these species, including recent biological surveys and reports, peer-reviewed literature, NMFS status reviews, and the proposed and final rules to list these species. All of the information gathered to create this proposed rule has been collated and analyzed in three supporting documents: a Draft Biological Report (NMFS, 2012a); a Draft Economic Analysis (NMFS, 2012b); and a Draft Section 4(b)(2) Report (NMFS, 2012c). We used this information to inform the identification of specific areas as critical habitat. We followed a five-step process in order to identify these specific areas: (1) Determine the geographical area occupied by the species at the time of listing, (2) identify physical or biological habitat features essential to the conservation of the species, (3) delineate specific areas within the geographical area occupied by the species on which are found the physical or biological features, (4) determine whether the features in a specific area may require special management considerations or protections, and (5) determine whether any unoccupied areas are essential for conservation. Our evaluation and conclusions are described in detail in the following sections.</P>
          <HD SOURCE="HD2">Geographical Area Occupied by the Species and Specific Areas Within the Geographical Area</HD>
          <P>Federal, state, and tribal fishery biologists map salmonid species distribution at the level of stream reaches. The mapping includes areas where the species has been observed (within the past 20 years, but typically more recently) or where it is presumed to occur based on the professional judgment of biologists familiar with the watershed and the availability of suitable habitat, in particular the location of known barriers. Much of these data can be accessed and analyzed using geographic information systems (GIS) to produce consistent and fine-scale maps. As a result, nearly all salmonid freshwater and estuarine habitats in Washington, Oregon, Idaho, and California are mapped and available in GIS at a scale of 1:24,000 (e.g., Oregon Department of Fish and Wildlife (ODFW), 2010a; Washington Department of Fish and Wildlife (WDFW), 2010), allowing for accurate and refined delineation of “geographical area occupied by the species” referred to in the ESA definition of critical habitat. We accessed these GIS data beginning in 2010, modified them based on input from state and tribal fishery biologists, and believe that they represent the best available information about areas occupied by each species at the time of listing.</P>

          <P>To identify “specific areas,” we used “HUC5” watersheds as we did in our 2005 salmonid critical habitat designations (70 FR 52630, September 2, 2005). HUC5 watershed delineations are created by the U.S. Geological Survey and are generally available from various federal agencies and via the internet (Interior Columbia Basin Ecosystem Management Project, 2003; Regional Ecosystem Office, 2004; U.S. Department of Interior and USGS, 2009). We used this information to organize critical habitat information systematically and at a scale that was relevant to the spatial distribution of salmon and steelhead. Organizing information at this scale is especially relevant to salmonids, since their innate homing ability allows them to return to particular reaches in the specific watersheds where they were born. Such site fidelity results in spatial aggregations of salmonid populations (and their constituent spawning stocks) that generally correspond to the area encompassed by wider HUC4 subbasins or their constituent HUC5 watersheds (Washington Department of Fisheries, Washington Department of Wildlife and Western Washington Treaty Indian Tribes, 1992; Kostow, 1995; McElhany<E T="03">et al.,</E>2000).</P>
          <P>In addition, HUC5 watersheds are consistent with the scale of recovery efforts for West Coast salmon and steelhead, and watershed-level analyses are now common throughout the West Coast. There are presently hundreds of watershed councils or groups in the Pacific Northwest. Many operate at a geographic scale of one to several HUC5 watersheds and are integral parts of larger-scale salmon recovery strategies (Shared Strategy for Puget Sound, 2007; NMFS, 2012d). In addition to these efforts, NMFS has developed various ESA guidance documents that underscore the link between salmon conservation and the recovery of watershed processes (NMFS, 2000; NMFS, 2005; NMFS, 2007). Aggregating stream reaches into HUC5 watersheds allowed the agency to delineate “specific areas” within or outside the geographical area occupied by the species at a scale that corresponds well to salmonid population structure and ecological processes.</P>

          <P>As in our 2005 critical habitat designations (70 FR 52630, September 2, 2005), we identified estuary features essential to conservation of these species. For streams and rivers that empty into marine areas, we included the associated estuary as part of the HUC5 “specific area.” Also, as in our 2005 salmonid designations, we identified certain prey species in nearshore and offshore marine waters (such as Pacific herring) as essential features, and concluded that some may require special management considerations or protection because they are commercially harvested. However, prey species move or drift<PRTPAGE P="2729"/>great distances throughout marine waters, often in association with oceanographic features that also move (such as eddies and thermoclines). Thus, although we sought new information to better inform this question, we continue to conclude that we cannot identify specific offshore marine areas where the essential habitat features may be found (NMFS, 2012e).</P>
          <P>We also considered marine areas in Puget Sound for steelhead as potential specific areas, but concluded that at this time the best available information suggests there are no areas that meet the definition of critical habitat in the statute. In our 2005 rule (70 FR 52630, September 2, 2005), we designated critical habitat in nearshore areas for Puget Sound Chinook and Hood Canal summer-run chum salmon. However, steelhead move rapidly out of freshwater and into offshore marine areas, unlike Puget Sound Chinook and Hood Canal summer chum, making it difficult to identify specific foraging areas where the essential features are found. We therefore determined that for Puget Sound steelhead it is not possible to identify specific areas in the nearshore zone in Puget Sound.</P>
          <HD SOURCE="HD2">Primary Constituent Elements and Physical or Biological Features Essential to the Conservation of the Species</HD>
          <P>Agency regulations at 50 CFR 424.12(b) interpret the statutory phrase “physical or biological features essential to the conservation of the species.” The regulations state that these features include, but are not limited to, space for individual and population growth and for normal behavior; food, water, air, light, minerals, or other nutritional or physiological requirements; cover or shelter; sites for breeding, reproduction, and rearing of offspring; and habitats that are protected from disturbance or are representative of the historical geographical and ecological distribution of a species. The regulations further direct us to “focus on the principal biological or physical constituent elements * * * that are essential to the conservation of the species, and specify that these elements shall be the `known primary constituent elements'.” The regulations identify primary constituent elements (PCE) as including, but not being limited to: “roost sites, nesting grounds, spawning sites, feeding sites, seasonal wetland or dryland, water quality or quantity, host species or plant pollinator, geological formation, vegetation type, tide, and specific soil types.”</P>
          <P>For the 2005 critical habitat designations (70 FR 52630, September 2, 2005), NMFS biologists developed a list of physical and biological features relevant to determining whether occupied stream reaches within a watershed meet the ESA section (3)(5)(A) definition of “critical habitat,” consistent with the implementing regulation at 50 CFR 424.12(b). Relying on the biology and life history of each species, we determined the physical or biological habitat features essential to their conservation. For the present rulemaking, we use the same features, which we identified in the advance notice of proposed rulemaking (76 FR 1392, January 10, 2011). These features include sites essential to support one or more life stages of the DPS (sites for spawning, rearing, migration and foraging). These sites in turn contain physical or biological features essential to the conservation of the DPS (for example, spawning gravels, water quality and quantity, side channels, forage species). Specific types of sites and the features associated with them (both of which are referred to as PCEs) include the following:</P>
          <P>1. Freshwater spawning sites with water quantity and quality conditions and substrate supporting spawning, incubation and larval development.</P>
          <P>2. Freshwater rearing sites with water quantity and floodplain connectivity to form and maintain physical habitat conditions and support juvenile growth and mobility; water quality and forage supporting juvenile development; and natural cover such as shade, submerged and overhanging large wood, log jams and beaver dams, aquatic vegetation, large rocks and boulders, side channels, and undercut banks.</P>
          <P>3. Freshwater migration corridors free of obstruction with water quantity and quality conditions and natural cover such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulders, side channels, and undercut banks supporting juvenile and adult mobility and survival.</P>
          <P>4. Estuarine areas free of obstruction with water quality, water quantity, and salinity conditions supporting juvenile and adult physiological transitions between fresh- and saltwater; natural cover such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulders, and side channels; and juvenile and adult forage, including aquatic invertebrates and fishes, supporting growth and maturation.</P>
          <P>5. Nearshore marine areas free of obstruction with water quality and quantity conditions and forage, including aquatic invertebrates and fishes, supporting growth and maturation; and natural cover such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulders, and side channels.</P>
          <P>6. Offshore marine areas with water quality conditions and forage, including aquatic invertebrates and fishes, supporting growth and maturation.</P>
          <P>We re-evaluated these PCEs and determined that they are all fully applicable to lower Columbia River coho and Puget Sound steelhead. The habitat areas proposed for designation in this rule currently contain PCEs within the acceptable range of values required to support the biological processes for which the species use the habitat (NMFS 2012a). The contribution of the PCEs to the habitat varies by site and biological function, illustrating that the quality of the elements may vary within a range of acceptable conditions.</P>
          <HD SOURCE="HD2">Special Management Considerations or Protection</HD>

          <P>An occupied area cannot be designated as critical habitat unless it contains physical and biological features that “may require special management considerations or protection.” Agency regulations at 50 CFR 424.02(j) define “special management considerations or protection” to mean “any methods or procedures useful in protecting physical and biological features of the environment for the conservation of listed species.” Many forms of human activity have the potential to affect the habitat of listed salmon species: (1) Forestry; (2) grazing; (3) agriculture; (4) road building/maintenance; (5) channel modifications/diking; (6) urbanization; (7) sand and gravel mining; (8) mineral mining; (9) dams; (10) irrigation impoundments and withdrawals; (11) river, estuary, and ocean traffic; (12) wetland loss/removal; (13) beaver removal; (14) exotic/invasive species introductions. In addition to these, human harvest of salmonid prey species (e.g., herring, anchovy, and sardines) may present another potential habitat-related activity (Pacific Fishery Management Council, 1999). All of these activities have PCE-related impacts via their alteration of one or more of the following: stream hydrology, flow and water-level modifications, fish passage, geomorphology and sediment transport, temperature, dissolved oxygen, vegetation, soils, nutrients and chemicals, physical habitat structure, and stream/estuarine/marine biota and forage (Spence<E T="03">et al.,</E>1996; Pacific Fishery Management Council, 1999).</P>
          <HD SOURCE="HD2">Unoccupied Areas</HD>

          <P>Section 3(5)(A)(ii) of the ESA authorizes the designation of “specific<PRTPAGE P="2730"/>areas outside the geographical area occupied at the time [the species] is listed” if these areas are essential for the conservation of the species. Regulations at 50 CFR 424.12(e) emphasize that the agency “shall designate as critical habitat areas outside the geographical area presently occupied by a species only when a designation limited to its present range would be inadequate to ensure the conservation of the species.” We focused our attention on the species' historical range when considering unoccupied areas since these logically would have been adequate to support the evolution and long-term maintenance of distinct population segments. As with occupied areas, we considered the stream segments within a HUC5 watershed to best describe specific areas. While it is possible to identify which HUC5s represent geographical areas that were historically occupied with a high degree of certainty, this is not always the case with specific stream segments. This is due, in part, to the emphasis on mapping currently occupied habitats and to the paucity of site-specific or systematic historical stream surveys. As described later in this proposed rule, we did identify unoccupied stream reaches that are essential for conservation of Puget Sound steelhead as well as an unoccupied area that might be essential for conservation of lower Columbia River coho.</P>
          <HD SOURCE="HD2">Military Lands</HD>
          <P>Section 4(a)(3) of the ESA precludes the Secretary from designating military lands as critical habitat if those lands are subject to an Integrated Natural Resource Management Plan (INRMP) under the Sikes Act that the Secretary certifies in writing benefits the listed species. We consulted with the Department of Defense (DOD) and determined that three installations in Washington with either draft or final INRMPs overlap with streams occupied by Puget Sound steelhead: (1) Naval Base Kitsap; (2) Naval Radio Station, Jim Creek; and (3) Joint Base Lewis-McChord (Army and Air Force). We did not identify any INRMPs or DOD installations within the range of lower Columbia River coho.</P>
          <P>We identified habitat meeting the statutory definition of critical habitat at each of the above installations and reviewed the INRMPs, as well as other information available regarding the management of these military lands. Our preliminary review indicates that each of these INRMPs address Puget Sound steelhead habitat, and all contain measures that provide benefits to this DPS (NMFS, 2012c). Examples of the types of benefits include actions that eliminate fish passage barriers, control erosion, protect riparian zones, increase stream habitat complexity, and monitor listed species and their habitats. As a result, we are not proposing to designate critical habitat in areas subject to the INRMPs identified above.</P>
          <HD SOURCE="HD2">Critical Habitat Analytical Review Teams</HD>
          <P>To assist in the designation of critical habitat, we convened two Critical Habitat Analytical Review Teams (Teams)—one for lower Columbia River coho and another for Puget Sound steelhead. The Teams consisted of NMFS salmonid habitat biologists who were tasked with assessing biological information pertaining to areas under consideration for designation as critical habitat (NMFS, 2012a). The Teams examined each habitat area within the watershed to determine whether the reaches occupied by the species contain the physical or biological features essential to conservation. The Teams also relied on their experience conducting section 7 consultations to determine whether the features “may require special management considerations or protection.”</P>
          <P>In addition to occupied areas, the definition of critical habitat includes unoccupied areas if we determine the area is essential for conservation. Accordingly, the Teams were next asked whether there were any unoccupied areas within the historical range of the DPSs that may be essential for conservation. Where information was available to make this determination, the Teams identified any currently unoccupied areas essential for conservation. In some cases, the Teams did not have information available that would allow them to draw that conclusion. The Teams nevertheless identified areas they believe might, in the future, be determined essential through ongoing recovery planning efforts. These are identified under the Species Descriptions and Area Assessments section, and we are specifically requesting information regarding such areas (see Public Comments Solicited below).</P>
          <P>The Teams were next asked to determine the relative conservation value of each area for each DPS. The Teams scored each habitat area based on several factors related to the quantity and quality of the physical and biological features (see NMFS, 2012a for details). They next considered each area in relation to other areas and with respect to the population occupying that area. Based on a consideration of the raw scores for each area, and a consideration of that area's contribution to conservation in relation to other areas and in relation to the overall population structure of the DPS, the Teams rated each habitat area as having a “high,” “medium” or “low” conservation value.</P>
          <P>The rating of habitat areas as having a high, medium or low conservation value informed the discretionary balancing consideration in ESA section 4(b)(2). The higher the conservation value for an area, the greater may be the likely benefit of the ESA section 7 protections. The Teams also assessed the likelihood of section 7 consultations in a particular watershed (that is, how strong is the “Federal nexus”) and how much protection would exist in the absence of a section 7 consultation (that is, how protective are existing management measures and would they likely continue in the absence of section 7 requirements). The Teams determined that all of the watersheds had a high likelihood of receiving a section 7 consultation, but with varying degrees of benefit from designation as critical habitat.</P>
          <P>As discussed earlier, the scale chosen for the “specific area” referred to in ESA section 3(5)(a) was a HUC5 watershed. There were some complications with the way some watersheds were delineated that required us to adapt the approach for some areas. In particular, a large stream or river might serve as a rearing and migration corridor to and from many watersheds, yet be embedded itself in a watershed. In any given watershed through which it passes, the stream may have a few or several tributaries. For rearing/migration corridors embedded in a watershed, the Teams were asked to rate the conservation value of the watershed based on the tributary habitat. We assigned the rearing/migration corridor the rating of the highest-rated watershed for which it served as a rearing/migration corridor. The reason for this treatment of migration corridors is the role they play in the salmon's life cycle. Salmon are anadromous—born in fresh water, migrating to salt water to feed and grow, and returning to fresh water to spawn. Without a rearing/migration corridor to and from the sea, salmon cannot complete their life cycle. It would be illogical to consider a spawning and rearing area as having a particular conservation value and not consider the associated rearing/migration corridor as having a similar conservation value.</P>
          <HD SOURCE="HD1">Species Descriptions and Area Assessments</HD>

          <P>This section describes the lower Columbia River coho and Puget Sound<PRTPAGE P="2731"/>steelhead DPSs, noting specific life-history traits and associated habitat requirements, and summarizes the Teams' assessment of habitat areas for each DPS. The Teams' assessments addressed PCEs in the habitat areas within watersheds as well as a separate Columbia River rearing/migration corridor for lower Columbia River coho. For ease of reporting and reference these watersheds have been organized into their larger, associated subbasin.</P>
          <HD SOURCE="HD2">Lower Columbia River Coho Salmon Life History and Conservation Status</HD>
          <P>The lower Columbia River coho DPS includes all naturally spawned populations of coho in the Columbia River and its tributaries in Washington and Oregon, from the mouth of the Columbia River upstream to and including the Big White Salmon and Hood Rivers, and including the lower Willamette River up to Willamette Falls, Oregon, as well as coho from twenty-five artificial propagation programs located in numerous watersheds throughout the range of the DPS (70 FR 37160, June 28, 2005).</P>
          <P>Coho populations in this DPS display one of two major life history types based on when and where adults migrate from the Pacific Ocean to spawn in fresh water. Early returning coho (Type S) typically forage in marine waters south of the Columbia River and return beginning in mid-August, while late returning coho (Type N) generally forage to the north and return to the Columbia River from late September through December (ODFW, 2010b). It is thought that early returning coho migrate to headwater areas and late returning fish migrate to the lower reaches of larger rivers or into smaller streams and creeks along the Columbia River. Although there is some level of reproductive isolation and ecological specialization between early and late types, there is some uncertainty regarding the importance of these differences (Myers et al., 2006). Some tributaries historically supported spawning by both life history types.</P>
          <P>Mature coho of both types typically enter fresh water to spawn from late summer to late autumn. Spawning typically occurs between November and January. Migration and spawning timing of specific local populations may be affected by factors such as latitude, migration distance, flows, water temperature, maturity, or migration obstacles. Coho generally occupy intermediate positions in tributaries, typically further upstream than chum salmon or fall-run Chinook salmon, but often downstream of steelhead or spring-run Chinook salmon (ODFW, 2010b). Typical coho spawning habitat includes pea to orange-size spawning gravel in small, relatively low-gradient tributaries (ODFW, 2010b). Egg incubation can take from 45 to 140 days, depending on water temperature, with longer incubation in colder water. Fry may thus emerge from early spring to early summer. Juveniles prefer complex instream structure (primarily large and small woody debris) and shaded streams with tree-lined banks for rearing; they often overwinter in off-channel alcoves and beaver ponds (where available) (ODFW, 2010a). Freshwater rearing lasts until the following spring when the juveniles undergo physiological changes (smoltification) and migrate to salt water. Juvenile coho are present in the Columbia River estuary from March to August (Washington Lower Columbia Salmon Recovery and Fish and Wildlife Subbasin Plan, 2010). Coho grow relatively quickly in the ocean, reaching up to six kilograms after about 16 months of ocean rearing. Most coho are sexually mature at age three, except for a small percentage of males (jacks) who return to natal waters after only a few months of ocean residency. All coho die after spawning.</P>

          <P>There are 24 historical populations of lower Columbia River coho identified in three ecological zones or “strata” within the range of this DPS: Coast, Cascade, and Gorge strata (Myers<E T="03">et al.,</E>2006). McElhany<E T="03">et al.</E>(2007) assessed the viability of lower Columbia River coho populations and determined that only one—the Clackamas River—is approaching viability. They also observed that, with the exception of the Clackamas and Sandy populations, it is likely that most of the wild lower Columbia River coho populations were effectively extirpated in the 1990s and that no viable populations appear to exist in either the Coast or Gorge stratum. Although recently there is evidence of some natural production in this DPS, the majority of populations remain dominated by hatchery origin spawners, and there is little data to indicate they would naturally persist in the long term (NMFS, 2003). Approximately 40 percent of historical habitat is currently inaccessible, which restricts the number of areas that might support natural production, and further increases the DPS's vulnerability to environmental variability and catastrophic events (NMFS, 2003). The extreme loss of naturally spawning populations, the low abundance of extant populations, diminished diversity, and fragmentation and isolation of the remaining naturally produced fish confer considerable risks to lower Columbia River coho.</P>
          <P>Major habitat factors limiting recovery in fresh water include floodplain connectivity and function, channel structure and complexity, riparian areas and large woody debris recruitment, stream substrate, stream flow, and water quality (Pacific Coast Salmon Restoration Funds, 2007). In addition to impacts of the Federal Columbia River Hydropower System (especially Bonneville Dam on the mainstem Columbia River), numerous other populations are affected by upstream and tributary dams in the White Salmon, Hood, Lewis, Cowlitz, Sandy, and Clackamas basins, although many of those effects are being addressed as a result of recent Federal Energy Regulatory Commission re-licensing and associated ESA section 7 consultations. For example, the removal of Marmot and Little Sandy dams in the Sandy River basin has improved passage for the coho population into the upper watershed, and the removal of Condit Dam in 2011 is expected to support restoration of the White Salmon River portion of the Washington Upper Gorge coho population.</P>

          <P>The ocean survival of juvenile lower Columbia River coho can be affected by estuary factors such as changes in food availability and the presence of contaminants. Characteristics of the Columbia River plume are also thought to be significant to lower Columbia River coho migrants during transition to the ocean phase of their lifecycle, because yearling migrants appear to use the plume as habitat, in contrast to other species whose sub-yearling juveniles stay closer to shore (Fresh<E T="03">et al.,</E>2005). Predation and growth during the first marine summer appear to be important components determining coho brood-year strength (Beamish<E T="03">et al.,</E>2001).</P>

          <P>Recovery planning for coho and other ESA-listed salmon and steelhead in the lower Columbia River is underway, and a proposed recovery plan was made available for public comment in May 2012 (77 FR 28855, 16 May 2012). The proposed recovery plan includes three “management unit” plans, or plans addressing geographic areas smaller than the entire range of the DPS: (1) A Washington Lower Columbia management unit plan overseen and coordinated by the Lower Columbia Fish Recovery Board (LCFRB); (2) a White Salmon management unit plan overseen by NMFS and addressing the White Salmon River basin in Washington; and (3) an Oregon Lower Columbia management unit plan led by the ODFW with participation by the Oregon Governor's Natural Resources<PRTPAGE P="2732"/>Office, NMFS, and the Oregon Lower Columbia River Stakeholder Team. Two other documents—an estuary module and a hydropower module—are key components of this recovery plan. These documents, which address regional-scale issues affecting lower Columbia River salmon and steelhead and other listed Columbia River DPSs, provide a consistent set of assumptions and recovery actions that were incorporated into each management unit plan. The plans also are all consistent with work by the Willamette/Lower Columbia Technical\Recovery Team, which was formed by NMFS to assess the population structure and develop viability criteria for listed lower Columbia River salmon and steelhead (see McElhany<E T="03">et al.,</E>2003; McElhany<E T="03">et al.,</E>2006; Myers<E T="03">et al.,</E>2006; and McElhany<E T="03">et al.,</E>2007). Because the ESA requires that recovery plans address the entire listed entity/DPS, NMFS synthesized these management unit plans and modules into a single recovery plan that also underscores interdependencies and issues of regional scope, and ensures that the entire salmon life cycle is addressed.</P>
          <P>Critical habitat is currently designated for three DPSs of salmon and steelhead that use lower Columbia tributary watersheds for spawning and rearing: lower Columbia River Chinook salmon, lower Columbia River steelhead, and Columbia River chum salmon (70 FR 52630, September 2, 2005). Critical habitat is also designated in the lower Columbia River and several tributaries for bull trout (75 FR 63898, October 18, 2010) and the Southern DPS of Pacific eulachon (76 FR 65324, October 20, 2011). In addition, green sturgeon (74 FR 52300, October 9, 2009) and several listed salmonid DPSs that spawn in watersheds upstream of the range of lower Columbia River coho (e.g., Snake River fall Chinook salmon) have rearing and migration areas designated as critical habitat in areas occupied by coho in the lower Columbia River and estuary (58 FR 68543, December 28, 1993; 64 FR 57399, October 25, 1999; 70 FR 52630, September 2, 2005). These existing designations have extensive overlap with areas under consideration as critical habitat for lower Columbia River coho, and given the shared general life history characteristics of all these anadromous salmonids, the essential habitat features will likewise be similar to those for existing salmon and steelhead designations.</P>

          <P>The lower Columbia River Team's assessment for this DPS addressed 10 subbasins containing 55 occupied watersheds, as well as the lower Columbia River rearing/migration corridor. Each of these 56 areas constituted the specific areas for the analysis of critical habitat for this species. The Team evaluated the conservation value of habitat areas on the basis of the habitat requirements of lower Columbia River coho, consistent with the PCEs described in the “Primary Constituent Elements and Physical or Biological Features Essential to the Conservation of the Species” section above. The Team also considered the conservation value of each specific area in the context of the populations within the strata identified by a separate Technical Recovery Team (TRT) convened to address biological issues relating to the recovery of this DPS (Myers<E T="03">et al.,</E>2006). Summarized information is presented below by USGS subbasin because the subbasin presents a convenient and systematic way to organize the Team's watershed assessments for this DPS and their names are generally more recognizable because they typically identify major river systems. Full details are in the biological report supporting this proposed designation (NMFS, 2012a).</P>
          <P>
            <E T="03">Middle Columbia/Hood Subbasin</E>—This subbasin contains 13 watersheds, 8 of which are occupied by this DPS. Occupied watersheds encompass approximately 1,370 mi<SU>2</SU>(3,548 km<SU>2</SU>). Fish distribution and habitat use data identify approximately 212 miles (341 km) of occupied riverine habitat in the watersheds, including a 23-mile (37-km) segment of the Columbia River (ODFW, 2010a; WDFW, 2010). Myers<E T="03">et al.</E>(2006) identified a single ecological zone (Columbia Gorge) containing three populations: Upper Gorge Tributaries, Big White Salmon River, and Hood River. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture, channel modifications/diking, forestry, irrigation impoundments and withdrawals, and urbanization (NMFS, 2012a). The Team also determined that the occupied watersheds in this subbasin were of either high or medium conservation value to the DPS. Of the eight watersheds reviewed, five were rated as having high conservation value and three were rated as having medium conservation value to the DPS. The Team noted that two watersheds (Middle Columbia/Eagle Creek and Middle Columbia/Grays Creek) contain a high value rearing and migration corridor in the Columbia River connecting high value upstream watersheds with downstream reaches and the ocean. The Team also considered whether blocked historical habitat above Condit Dam (on the White Salmon River) may be essential for conservation of the DPS. The decommissioning of this 100-year-old dam occurred in the summer of 2011 and will allow coho and other salmonids access to at least 26 miles (42 km) of habitat in the basin upstream (PacifiCorp, 2012a; PacifiCorp, 2012b). The Team determined that accessing this habitat would likely provide a benefit to the DPS. However, the Team concluded that it was unclear whether the areas above Condit Dam are essential for conservation of the entire DPS, especially in comparison to other, more extensive, historical habitats where coho are actively being reintroduced and that may be of greater potential benefit to the DPS (e.g., areas in the Upper Lewis River). We seek comments and information specific to this unoccupied area and whether it is essential to the conservation of lower Columbia River coho.</P>
          <P>
            <E T="03">Lower Columbia/Sandy Subbasin</E>—This subbasin contains nine watersheds, all of which are occupied by this DPS. Occupied watersheds encompass approximately 1,076 mi<SU>2</SU>(2,787 km<SU>2</SU>). Fish distribution and habitat use data identify approximately 453 miles (729 km) of occupied riverine habitat in the watersheds, including a 26-mile (42-km) segment of the Columbia River (ODFW, 2010a; WDFW, 2010). Myers<E T="03">et al.</E>(2003) identified two ecological zones associated with this subbasin (Western Cascade Range and Columbia Gorge) containing four populations (Lower Gorge tributaries, Sandy River, Washougal River, and Salmon Creek). The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture, channel modifications/diking, forestry, irrigation impoundments and withdrawals, road building/maintenance, and urbanization (NMFS, 2012a). The Team also determined that the occupied watersheds in this subbasin were of high or medium conservation value to the DPS. Of the nine watersheds reviewed, four were rated as having high conservation value and five were rated as having medium conservation value to the DPS. The Team also noted that one watershed (Columbia Gorge Tributaries) contains a high value rearing and migration corridor in the Columbia River connecting high value upstream watersheds with downstream reaches and the ocean.<PRTPAGE P="2733"/>
          </P>
          <P>
            <E T="03">Lewis Subbasin</E>—This subbasin contains six watersheds, all of which are currently occupied by this DPS (including four watersheds above Merwin Dam now accessible to coho via trap and haul operations in the Upper Lewis River (PacifiCorp<E T="03">et al.,</E>2004). Occupied watersheds encompass approximately 456 mi<SU>2</SU>(1,181 km<SU>2</SU>). Fish distribution and habitat use data identify approximately 299 miles (481 km) of occupied riverine habitat in the watersheds (WDFW, 2010). Myers<E T="03">et al.</E>(2003) identified one ecological zone associated with this subbasin (Western Cascade Range) containing two populations—one in the East Fork Lewis River and the other in the North Fork Lewis River. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture, channel modifications/diking, forestry, irrigation impoundments and withdrawals, road building/maintenance, and urbanization (NMFS, 2012a). The Team also determined that the occupied watersheds in this subbasin ranged from high to low conservation value to the DPS. Of the six watersheds reviewed, three were rated as having high conservation value, two were rated as having medium conservation value, and one was rated as having low conservation value to the DPS.</P>
          <P>
            <E T="03">Lower Columbia/Clatskanie Subbasin</E>—This subbasin contains six watersheds, all of which are occupied by this DPS. Occupied watersheds encompass approximately 841 mi<SU>2</SU>(2,178 km<SU>2</SU>). Fish distribution and habitat use data identify approximately 387 miles (623 km) of occupied riverine habitat in the watersheds (ODFW, 2010a; WDFW, 2010). Myers<E T="03">et al.</E>(2003) identified two ecological zones (Coast Range and Western Cascade Range) containing four populations (Kalama River, Clatskanie River, Elochoman Creek, and Scappoose Creek) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture, channel modifications/diking, forestry, irrigation impoundments and withdrawals, road building/maintenance, urbanization, and wetlands loss/removal (NMFS, 2012a). The Team also determined that the occupied watersheds in this subbasin were of high or medium conservation value to the DPS. Of the six watersheds reviewed, three were rated as having high conservation value and three were rated as having medium conservation value to the DPS.</P>
          <P>
            <E T="03">Upper Cowlitz Subbasin</E>—This subbasin contains five watersheds, all of which are occupied by this DPS. Occupied watersheds encompass approximately 1,030 mi<SU>2</SU>(2,668 km<SU>2</SU>). Fish distribution and habitat use data identify approximately 181 miles (291 km) of occupied riverine habitat in the watersheds (WDFW, 2010). This entire habitat is located upstream of impassable dams (Mayfield and Mossyrock dams) and only accessible to anadromous fish via trap and haul operations. Myers<E T="03">et al.</E>(2003) identified one ecological zone (Western Cascade Range) containing two populations (Upper Cowlitz River and Cispus River) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture, channel modifications/diking, forestry, road building/maintenance, and urbanization (NMFS, 2012a). The Team also determined that four of the occupied HUC5 watersheds in this subbasin were of high conservation value and one was of medium conservation value to the DPS.</P>
          <P>
            <E T="03">Lower Cowlitz Subbasin</E>—This subbasin contains eight watersheds, all of which are occupied by this DPS. Occupied watersheds encompass approximately 1,460 mi<SU>2</SU>(3,781 km<SU>2</SU>). Fish distribution and habitat use data identify approximately 791 miles (1,273 km) of occupied riverine habitat in the watersheds (WDFW, 2010). Habitat in two watersheds—Tilton River and Riffe Reservoir—is located upstream of impassable dams (Mayfield Dam and Mossyrock Dam) and only accessible to anadromous fish via trap and haul operations. Myers<E T="03">et al.</E>(2003) identified one ecological zone (Western Cascade Range) containing six populations (Upper Cowlitz River, Lower Cowlitz River, Tilton River, Coweeman River, North Fork Toutle River, and South Fork Toutle River) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture, channel modifications/diking, forestry, irrigation impoundments and withdrawals, road building/maintenance, urbanization, and wetlands loss/removal (NMFS, 2012a). The Team also determined that the occupied watersheds in this subbasin ranged from high to low conservation value to the DPS. Of the eight watersheds reviewed, six were rated as having high conservation value, one was rated as having medium conservation value, and one was rated as having low conservation value to the DPS.</P>
          <P>
            <E T="03">Lower Columbia Subbasin</E>—This subbasin contains three watersheds, all of which are occupied by this DPS. Occupied watersheds encompass approximately 515 mi<SU>2</SU>(1,334 km<SU>2</SU>). Fish distribution and habitat use data identify approximately 370 miles (595 km) of occupied riverine habitat in the watersheds (ODFW, 2010a; WDFW, 2010). Myers<E T="03">et al.</E>(2003) identified one ecological zone (Coast Range) containing three populations (Grays/Chinook Rivers, Big Creek, and Youngs Bay) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture, channel modifications/diking, forestry, irrigation impoundments and withdrawals, road building/maintenance, urbanization, and wetlands loss/removal (NMFS, 2012a). Of the three watersheds reviewed, one was rated as having high conservation value and two were rated as having medium conservation value to the DPS.</P>
          <P>
            <E T="03">Middle Willamette Subbasin</E>—The occupied portion of this subbasin is downstream of Willamette Falls and includes a single watershed (Abernethy Creek) as well as a short segment (approximately 1 mile (1.6 km)) of the Willamette River downstream of Willamette Falls. The Abernethy Creek watershed encompasses approximately 134 mi<SU>2</SU>(347 km<SU>2</SU>). Fish distribution and habitat use data from ODFW identify approximately 27 miles (43 km) of occupied riverine habitat in the subbasin (ODFW, 2010a). Myers<E T="03">et al.</E>(2003) identified one ecological zone (Western Cascade Range) containing one population (Clackamas River) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture, channel modifications/diking, forestry, irrigation impoundments and withdrawals, road building/maintenance, urbanization, and wetlands loss/removal (NMFS, 2012a). The Team also determined that the single occupied watershed in this subbasin was of low conservation value to the DPS.</P>
          <P>
            <E T="03">Clackamas Subbasin</E>—This subbasin contains six watersheds, two of which are occupied by this DPS. Occupied watersheds encompass approximately 270 mi<SU>2</SU>(699 km<SU>2</SU>). Fish distribution and<PRTPAGE P="2734"/>habitat use data identify approximately 253 miles (407 km) of occupied riverine habitat in the watersheds (ODFW, 2010a). Myers<E T="03">et al.</E>(2003) identified one ecological zone (Western Cascade Range) containing one population (Clackamas River) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture, channel modifications/diking, forestry, irrigation impoundments and withdrawals, road building/maintenance, urbanization, and wetlands loss/removal (NMFS, 2012a). The Team also determined that all of the occupied watersheds in this subbasin were of high conservation value to the DPS.</P>
          <P>
            <E T="03">Lower Willamette Subbasin</E>— This subbasin contains three watersheds, all of which are occupied by this DPS. Occupied watersheds encompass approximately 407 mi<SU>2</SU>(1,054 km<SU>2</SU>). Fish distribution and habitat use data identify approximately 163 miles (262 km) of occupied riverine habitat in the watersheds (ODFW, 2010b). Myers<E T="03">et al.</E>(2003) identified two ecological zones (Coast Range and Western Cascade Range) containing two populations (Clackamas River and Scappoose Creek) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture, channel modifications/diking, forestry, irrigation impoundments and withdrawals, road building/maintenance, urbanization, and wetlands loss/removal (NMFS, 2012a). Of the three watersheds reviewed, two were rated as having high conservation value and one was rated as having medium conservation value to the DPS.</P>
          <P>
            <E T="03">Lower Columbia River Corridor</E>—The lower Columbia River rearing and migration corridor consists of that segment of the Columbia River from the confluences of the Sandy River (Oregon) and Washougal River (Washington) to the Pacific Ocean. Fish distribution and habitat use data from ODFW and WDFW identify approximately 118 miles (190 km) of occupied riverine and estuarine habitat in this corridor (ODFW 2010a, WDFW 2010). After reviewing the best available scientific data for all of the areas within the freshwater and estuarine range of this DPS, the Team concluded that the lower Columbia River corridor was of high conservation value to the DPS. Other upstream reaches of the Columbia River corridor (within the Middle Columbia/Hood and Lower Columbia/Sandy subbasins above) are also high value for rearing/migration. The Team noted that the lower Columbia River corridor connects every watershed and population in this DPS with the ocean and is used by rearing/migrating juveniles and migrating adults. The Columbia River estuary is a particularly important area for this DPS as both juveniles and adult salmon make the critical physiological transition between life in freshwater and marine habitats (Interdisciplinary Scientific Advisory Board, 2000; Marriott<E T="03">et al.,</E>2002).</P>
          <P>
            <E T="03">Unoccupied Areas</E>—The Team also considered whether any blocked historical habitats may be essential for conservation of the DPS. As noted above in the Middle Columbia/Hood Subbasin, efforts are underway to allow salmon to access areas in the upper White Salmon River above Condit Dam. Access to these historical habitats will likely benefit lower Columbia River coho. However, the Team concluded that it was unclear whether the areas above Condit Dam are essential for conservation of the entire DPS, especially in comparison to other, more extensive, historical habitats where coho are actively being reintroduced and that may be of greater potential benefit to the DPS (e.g., areas in the Upper Lewis River). We solicit information and public comment on the importance of these areas to coho salmon and whether our final designation should include these areas as designated critical habitat.</P>
          <HD SOURCE="HD2">Puget Sound Steelhead Life History and Conservation Status</HD>

          <P>Steelhead populations can be divided into two basic reproductive ecotypes, based on the state of sexual maturity at the time of river entry (summer or winter) and duration of spawning migration (Burgner<E T="03">et al.,</E>1992). The Puget Sound DPS includes all naturally spawned anadromous winter-run and summer-run steelhead populations in streams in the river basins of the Strait of Juan de Fuca, Puget Sound, and Hood Canal, Washington, bounded to the west by the Elwha River (inclusive) and to the north by the Nooksack River and Dakota Creek (inclusive), as well as the Green River natural and Hamma Hamma winter-run steelhead hatchery stocks. Non-anadromous “resident”<E T="03">O. mykiss</E>occur within the range of Puget Sound steelhead, but are not part of the DPS due to marked differences in physical, physiological, ecological, and behavioral characteristics (71 FR 15666, March 29, 2006).</P>

          <P>Stream-maturing steelhead, also called summer-run steelhead, enter fresh water at an early stage of maturation, usually from May to October. These summer-run fish migrate to headwater areas and hold for several months before spawning in the spring. Ocean-maturing steelhead, also called winter-run steelhead, enter fresh water from December to April at an advanced stage of maturation and spawn from March through June (Hard<E T="03">et al.,</E>2007). While there is some temporal overlap in spawn timing between these forms, in basins where both winter- and summer-run steelhead are present, summer-run steelhead spawn farther upstream, often above a partially impassable barrier. In many cases it appears that the summer migration timing evolved to access areas above falls or cascades that present velocity barriers to migration during high winter flow months, but are passable during low summer flows. Winter-run steelhead are predominant in Puget Sound, in part because there are relatively few basins in the Puget Sound DPS with the geomorphological and hydrological characteristics necessary to establish the summer-run life history. Summer-run steelhead stocks within this DPS are all small and occupy limited habitat.</P>
          <P>Steelhead eggs incubate from one to four months (depending on water temperature) before hatching, generally between February and June. After emerging from the gravel, fry commonly occupy the margins of streams and side channels, seeking cover to make them less vulnerable to predation (WDFW, 2008). Juvenile steelhead forage for one to four years before emigrating to sea as smolts. Smoltification and seaward migration occur principally from April to mid-May. The nearshore migration pattern of Puget Sound steelhead is not well understood, but it is generally thought that smolts move quickly offshore, bypassing the extended estuary transition stage which many other salmonids need (Hartt and Dell, 1986).</P>

          <P>Steelhead oceanic migration patterns are also poorly understood. Evidence from tagging and genetic studies indicates that Puget Sound steelhead travel to the central North Pacific Ocean (French<E T="03">et al.,</E>1975; Hartt and Dell, 1986; Burgner<E T="03">et al.,</E>1992). Puget Sound steelhead feed in the ocean for one to three years before returning to their natal stream to spawn. They typically spend two years in the ocean, although, notably, Deer Creek summer-run steelhead spend only a single year in the ocean before spawning. In contrast with other species of Pacific salmonids, steelhead are iteroparous, capable of repeat spawning. While winter steelhead spawn shortly after returning to fresh water, adult summer steelhead rely on “holding habitat”—typically<PRTPAGE P="2735"/>cool, deep pools—for up to 10 months prior to spawning (WDFW, 2008). Adults tend to spawn in moderate to high-gradient sections of streams. In contrast to semelparous Pacific salmon, steelhead females do not guard their redds, or nests, but return to the ocean following spawning (Burgner<E T="03">et al.,</E>1992). Spawned-out fish that return to the sea are referred to as “kelts.”</P>
          <P>The Puget Sound steelhead DPS includes more than 50 stocks of summer- and winter-run fish (WDFW, 2002). Hatchery steelhead production in Puget Sound is widespread and focused primarily on the propagation of winter-run fish derived from a stock of domesticated, mixed-origin steelhead (the Chambers Creek Hatchery stock) originally native to a small Puget Sound stream that is now extirpated from the wild. Hatchery summer-run steelhead are also produced in Puget Sound; these fish are derived from the Skamania River in the Columbia River Basin.</P>

          <P>Habitat utilization by steelhead in the Puget Sound area has been dramatically affected by large dams and other manmade barriers in a number of drainages, including the Nooksack, Skagit, White, Nisqually, Skokomish, and Elwha river basins. In addition to limiting habitat accessibility, dams affect habitat quality through changes in river hydrology, altered temperature profile, reduced downstream gravel recruitment, and the reduced recruitment of large woody debris. Such changes can have significant negative impacts on salmonids (e.g., increased water temperatures resulting in decreased disease resistance) (Spence<E T="03">et al.,</E>1996; McCullough, 1999).</P>

          <P>Many upper tributaries in the Puget Sound region have been affected by poor forestry practices, while many of the lower reaches of rivers and their tributaries have been altered by agriculture and urban development. Urbanization has caused direct loss of riparian vegetation and soils, significantly altered hydrologic and erosional rates and processes (e.g., by creating impermeable surfaces such as roads, buildings, parking lots, sidewalks etc.), and polluted waterways with stormwater and point-source discharges. The loss of wetland and riparian habitat has dramatically changed the hydrology of many streams, with increases in flood frequency and peak low during storm events and decreases in groundwater driven summer flows (Moscrip and Montgomery, 1997; Booth<E T="03">et al.,</E>2002; May<E T="03">et al.,</E>2003). River braiding and sinuosity have been reduced through the construction of dikes, hardening of banks with riprap, and channelization of the mainstem. Constriction of river flows, particularly during high flow events, increases the likelihood of gravel scour and the dislocation of rearing juveniles. The loss of side-channel habitats has also reduced important areas for spawning, juvenile rearing, and overwintering habitats. Estuarine areas have been dredged and filled, resulting in the loss of important juvenile rearing areas. In addition to being a factor that contributed to the present decline of Puget Sound steelhead populations, the continued destruction and modification of steelhead habitat is the principal factor limiting the viability of the Puget Sound steelhead DPS into the foreseeable future. Because of their limited distribution in upper tributaries, summer-run steelhead may be at higher risk than winter-run steelhead from habitat degradation in larger, more complex watersheds.</P>
          <P>Recovery planning in Puget Sound is proceeding as a collaborative effort between NMFS and numerous tribal, state, and local governments and interested stakeholders. The Puget Sound Partnership is the entity responsible for working with NMFS to recover the listed Puget Sound Chinook salmon DPS. The Hood Canal Coordinating Council is the regional board implementing the recovery plan for the Hood Canal summer chum salmon DPS. There is a good deal of overlap between the geographical area occupied by Puget Sound steelhead and these two salmon DPSs, both of which had critical habitat designated on September 2, 2005 (70 FR 52630). A Technical Recovery Team was convened in 2008 to identify the historically independent spawning populations of steelhead within, and viability criteria for, the Puget Sound steelhead DPS. In 2011 the TRT completed an initial draft assessment (Puget Sound Steelhead Technical Recovery Team, 2011) and has begun work on viability criteria for this DPS. Upon completion of the technical work from the TRT, we will develop a recovery plan for Puget Sound steelhead and will work directly with the two regional boards to augment implementation plans to include measures to recover Puget Sound steelhead. During the critical habitat designation process for Puget Sound steelhead we will continue to review and incorporate as appropriate the information from these regional recovery plans as well as the ongoing population work by the TRT.</P>
          <P>Critical habitat is currently designated for other salmonid DPSs that inhabit Puget Sound watersheds, including Puget Sound Chinook salmon and Hood Canal summer-run chum salmon (70 FR 52630, September 2, 2005) as well as bull trout (75 FR 63898, October 18, 2010). These existing designations have extensive overlap with areas under consideration as critical habitat for Puget Sound steelhead. In the case of ESA-listed Chinook and chum salmon, the PCEs we identified are the same as those proposed for Puget Sound steelhead (NMFS, 2012a). However, watershed conservation values for steelhead may differ due to species-specific differences in population structure and habitat utilization.</P>
          <P>The Puget Sound Team's assessment for this DPS addressed 18 subbasins containing 66 occupied watersheds. Each of these 66 areas constituted the specific areas for the analysis of critical habitat for this species. The Team evaluated the conservation value of habitat areas on the basis of the physical and biological habitat requirements of Puget Sound steelhead, consistent with the PCEs described in the “Primary Constituent Elements and Physical or Biological Features Essential to the Conservation of the Species” section above. The Team also considered the conservation value of each watershed in the context of the demographically independent populations within the three ecological zones/major population groups (MPGs) (Northern Cascades, Central and South Puget Sound, and Olympic Peninsula) in Puget Sound identified by the Puget Sound TRT (2011). Summarized information is again presented below by USGS subbasin because they present a convenient and systematic way to organize the Team's watershed assessments for this DPS and their names are generally more recognizable because they typically identify major river systems. Full details are in the biological report supporting this proposed designation (NMFS, 2012a).</P>
          <P>
            <E T="03">Strait of Georgia Subbasin</E>—This subbasin contains three watersheds, all of which are occupied by this DPS. Occupied watersheds encompass approximately 428 mi<SU>2</SU>(1,109 km<SU>2</SU>). Fish distribution and habitat use data from WDFW (2010) and the Northwest Indian Fisheries Commission (NWIFC) (2011) identify approximately 118 miles (190 km) of occupied riverine habitat in the watersheds. Preliminary analyses by the Puget Sound TRT (2011) have identified one ecological zone/MPG (Northern Cascades) containing two winter-run populations (Drayton Harbor Tributaries and Samish River) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture, channel<PRTPAGE P="2736"/>modifications/diking, forestry, irrigation impoundments and withdrawals, forestry, and urbanization (NMFS, 2012a). The Team also determined that all of the occupied watersheds in this subbasin were of medium conservation value to the DPS.</P>
          <P>
            <E T="03">Nooksack Subbasin</E>—This subbasin contains five watersheds, all of which are occupied by this DPS. Occupied watersheds encompass approximately 795 mi<SU>2</SU>(2,059 km<SU>2</SU>). Fish distribution and habitat use data identify approximately 324 miles (521 km) of occupied riverine habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary analyses by the Puget Sound TRT (2011) have identified one ecological zone/MPG (Northern Cascades) containing one winter-run population (Nooksack River) and one summer-run population (South Fork Nooksack River) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture, channel modifications/diking, forestry, irrigation impoundments and withdrawals, and road building/maintenance (NMFS, 2012a). Of the five watersheds reviewed, three were rated as having high conservation value and two were rated as having medium conservation value to the DPS.</P>
          <P>
            <E T="03">Upper Skagit Subbasin</E>—This subbasin contains five watersheds, all of which are occupied by this DPS. Occupied watersheds encompass approximately 999 mi<SU>2</SU>(2,587 km<SU>2</SU>). Fish distribution and habitat use data identify approximately 167 miles (269 km) of occupied riverine habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary analyses by the Puget Sound TRT (2011) have identified one ecological zone/MPG (Northern Cascades) containing two winter-run populations (Baker River and Skagit River) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including, dams, forestry, and road building/maintenance (NMFS, 2012a). Of the five watersheds reviewed, four were rated as having high conservation value and one was rated as having medium conservation value to the DPS.</P>
          <P>
            <E T="03">Sauk Subbasin</E>—This subbasin contains four watersheds, all of which are occupied by this DPS. Occupied watersheds encompass approximately 741 mi<SU>2</SU>(1,919 km<SU>2</SU>). Fish distribution and habitat use data identify approximately 156 miles (251 km) of occupied riverine habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary analyses by the Puget Sound TRT (2011) have identified one ecological zone/MPG (Northern Cascades) containing one winter-run population (Sauk River) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and management activities that may affect the PCEs, including forestry and road building/maintenance (NMFS, 2012a). Of the four watersheds reviewed, three were rated as having high conservation value and one was rated as having medium conservation value to the DPS.</P>
          <P>
            <E T="03">Lower Skagit Subbasin</E>—This subbasin contains two watersheds, both of which are occupied by this DPS. Occupied watersheds encompass approximately 447 mi<SU>2</SU>(1,158 km<SU>2</SU>). Fish distribution and habitat use data identify approximately 210 miles (338 km) of occupied riverine habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary analyses by the Puget Sound TRT (2011) have identified one ecological zone/MPG (Northern Cascades) containing four winter-run populations (Baker River, Nookachamps Creek, Sauk River, and Skagit River) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including, agriculture, channel modifications/diking, forestry, wetland loss/removal, and urbanization (NMFS, 2012a). The Team also determined that both of the occupied watersheds in this subbasin were of high conservation value to the DPS.</P>
          <P>
            <E T="03">Stillaguamish Subbasin</E>—This subbasin contains three watersheds, all of which are occupied by this DPS. Occupied watersheds encompass approximately 704 mi<SU>2</SU>(1.823 km<SU>2</SU>). Fish distribution and habitat use data identify approximately 351 miles (465 km) of occupied riverine habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary analyses by the Puget Sound TRT (2011) have identified one ecological zone/MPG (Northern Cascades) containing two summer-run populations (Deer Creek and Canyon Creek) and one winter-run population (Stillaguamish River) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including, forestry, wetland loss/removal, and urbanization (NMFS, 2012a). The Team also determined that all of the occupied watersheds in this subbasin were of high conservation value to the DPS.</P>
          <P>
            <E T="03">Skykomish Subbasin</E>—This subbasin contains five watersheds, all of which are occupied by this DPS. Occupied watersheds encompass approximately 853 mi<SU>2</SU>(2,209 km<SU>2</SU>). Fish distribution and habitat use data identify approximately 230 miles (370 km) of occupied riverine habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary analyses by the Puget Sound TRT (2011) have identified one ecological zone/MPG (Northern Cascades) containing one summer-run population (North Fork Skykomish River) and one winter-run population (Snohomish/Skykomish River) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including, agriculture, dams, forestry, road building/maintenance, and urbanization (NMFS 2012a). Of the five watersheds reviewed, three were rated as having high conservation value and two were rated as having medium conservation value to the DPS.</P>
          <P>
            <E T="03">Snoqualmie Subbasin</E>—This subbasin contains two watersheds, both of which are occupied by this DPS. Occupied watersheds encompass approximately 504 mi<SU>2</SU>(1,305 km<SU>2</SU>). Fish distribution and habitat use data identify approximately 199 miles (320 km) of occupied riverine habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary analyses by the Puget Sound TRT (2011) have identified one ecological zone/MPG (Northern Cascades) containing one summer-run population (Tolt River) and one winter-run population (Snoqualmie River) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture and forestry (NMFS, 2012a). The Team also determined that both of the occupied watersheds in this subbasin were of high conservation value to the DPS.</P>
          <P>
            <E T="03">Snohomish Subbasin</E>—This subbasin contains two watersheds, both of which are occupied by this DPS. Occupied watersheds encompass approximately 278 mi<SU>2</SU>(720 km<SU>2</SU>). Fish distribution and habitat use data identify approximately 215 miles (557 km) of occupied riverine habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary analyses by the Puget Sound TRT (2011) have identified one ecological zone/MPG (Northern Cascades) containing two summer-run populations (North Fork Skykomish River and Tolt River) and<PRTPAGE P="2737"/>three winter-run populations (Pilchuck River, Snohomish/Skykomish River, and Snoqualmie River) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture, channel modifications/diking, dams, forestry, urbanization, and sand/gravel mining (NMFS, 2012a). The Team also determined that both of the occupied watersheds in this subbasin were of high conservation value to the DPS.</P>
          <P>
            <E T="03">Lake Washington Subbasin</E>—This subbasin contains four watersheds, all of which are occupied by this DPS. Occupied watersheds encompass approximately 619 mi<SU>2</SU>(1,603 km<SU>2</SU>). Fish distribution and habitat use data identify approximately 202 miles (325 km) of occupied riverine habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary analyses by the Puget Sound TRT (2011) have identified one ecological zone/MPG (Central and South Puget Sound) containing two winter-run populations (Cedar River and Lake Washington Tributaries) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including, channel modifications/diking, dams, road building/maintenance, forestry, and urbanization (NMFS, 2012a). Of the four watersheds reviewed, one was rated as having medium conservation value and three were rated as having low conservation value to the DPS.</P>
          <P>
            <E T="03">Duwamish Subbasin</E>—This subbasin contains three watersheds, all of which are occupied by this DPS. Occupied watersheds encompass approximately 487 mi<SU>2</SU>(1,261 km<SU>2</SU>). Fish distribution and habitat use data identify approximately 178 miles (286 km) of occupied riverine habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary analyses by the Puget Sound TRT (2011) have identified one ecological zone/MPG (Central and South Puget Sound) containing one winter-run population (Green River) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture, channel modifications/diking, dams, irrigation impoundments/withdrawals, and urbanization (NMFS, 2012a). The Team also determined that all of the occupied watersheds in this subbasin were of high conservation value to the DPS.</P>
          <P>
            <E T="03">Puyallup Subbasin</E>—This subbasin contains five watersheds, all of which are occupied by this DPS. Occupied watersheds encompass approximately 996 mi<SU>2</SU>(2,580 km<SU>2</SU>). Fish distribution and habitat use data identify approximately 272 miles (438 km) of occupied riverine habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary analyses by the Puget Sound TRT (2011) have identified one ecological zone/MPG (Central and South Puget Sound) containing two winter-run populations (Puyallup River/Carbon River and White River) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture, channel modifications/diking, dams, irrigation impoundments/withdrawals, and urbanization (NMFS, 2012a). The Team also determined that all of the occupied watersheds in this subbasin were of high conservation value to the DPS.</P>
          <P>
            <E T="03">Nisqually Subbasin</E>—This subbasin contains two watersheds, both of which are occupied by this DPS. Occupied watersheds encompass approximately 472 mi<SU>2</SU>(1,222 km<SU>2</SU>). Fish distribution and habitat use data identify approximately 161 miles (259 km) of occupied riverine habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary analyses by the Puget Sound TRT (2011) have identified one ecological zone/MPG (Central and South Puget Sound) containing one winter-run population (Nisqually River) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture, dams, and urbanization (NMFS, 2012a). The Team also determined that both of the occupied watersheds in this subbasin were of high conservation value to the DPS.</P>
          <P>
            <E T="03">Deschutes Subbasin</E>—This subbasin contains two watersheds, both of which are occupied by this DPS. Occupied watersheds encompass approximately 168 mi<SU>2</SU>(435 km<SU>2</SU>). Fish distribution and habitat use data identify approximately 63 miles (101 km) of occupied riverine habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary analyses by the Puget Sound TRT (2011) have identified one ecological zone/MPG (Central and South Puget Sound) in this subbasin. The Puget Sound TRT did not identify a demographically independent population of steelhead in this subbasin and noted that the Deschutes River was historically impassable to anadromous fish at Tumwater Falls. Winter steelhead were introduced into the Deschutes River when a fish ladder was installed at Tumwater Falls in 1954, but it is unclear if a naturally self-sustaining population exists (WDFW, 2008). Despite these uncertainties, the Team noted that steelhead spawning in this watershed would likely be considered part of the listed DPS. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture, forestry, and grazing (NMFS, 2012a). The Team also determined that both of the occupied watersheds in this subbasin were of low conservation value to the DPS.</P>
          <P>
            <E T="03">Skokomish Subbasin</E>—This subbasin consists of one watershed occupied by this DPS, encompassing approximately 248 mi<SU>2</SU>(642 km<SU>2</SU>). Fish distribution and habitat use data identify approximately 86 miles (138 km) of occupied riverine habitat in the watershed (WDFW, 2010; NWIFC, 2011). Preliminary analyses by the Puget Sound TRT (2011) have identified one ecological zone/MPG (Olympic Peninsula) containing one winter-run population (Skokomish River) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including channel modifications/diking, dams, forestry, and urbanization (NMFS, 2012a). The Team also determined that the single occupied watershed in this subbasin was of high conservation value to the DPS.</P>
          <P>
            <E T="03">Hood Canal Subbasin</E>—This subbasin contains seven watersheds, all of which are occupied by this DPS. Occupied watersheds encompass approximately 605 mi<SU>2</SU>(1,567 km<SU>2</SU>). Fish distribution and habitat use data identify approximately 153 miles (246 km) of occupied riverine habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary analyses by the Puget Sound TRT (2011) have identified one ecological zone/MPG (Olympic Peninsula) containing three winter-run populations (East, West, and South Hood Canal Tributaries) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture, channel modifications/diking, forestry, road building/maintenance, and urbanization (NMFS, 2012a). Of the seven watersheds reviewed, four were rated as having<PRTPAGE P="2738"/>high conservation value and three were rated as having medium conservation value to the DPS.</P>
          <P>
            <E T="03">Kitsap Subbasin</E>—This subbasin contains six watersheds, all of which are occupied by this DPS. Occupied watersheds encompass approximately 1,087 mi<SU>2</SU>(2,815 km<SU>2</SU>). Fish distribution and habitat use data identify approximately 260 miles (418 km) of occupied riverine habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary analyses by the Puget Sound TRT (2011) have identified two ecological zones/MPGs (Olympic Peninsula and South Central Cascades) containing three winter-run populations (Strait of Juan de Fuca Lowland Tributaries, East Kitsap Peninsula Tributaries, and South Sound Tributaries) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture, channel modifications/diking, forestry, grazing, and urbanization (NMFS, 2012a). Of the six watersheds reviewed, four were rated as having low conservation value and two were rated as having medium conservation value to the DPS.</P>
          <P>
            <E T="03">Dungeness/Elwha Subbasin</E>—This subbasin contains five watersheds, all of which are occupied by this DPS. Occupied watersheds encompass approximately 828 mi<SU>2</SU>(2,145 km<SU>2</SU>). Fish distribution and habitat use data identify approximately 144 miles (232 km) of occupied riverine habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary analyses by the Puget Sound TRT (2011) have identified one ecological zone/MPG (Olympic Peninsula) containing four winter-run populations (Dungeness River, Elwha River, Strait of Juan de Fuca Lowland Tributaries, and Strait of Juan de Fuca Independent Tributaries) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture, channel modifications/diking, dams, forestry, irrigation impoundments/withdrawals, road building/maintenance, and urbanization (NMFS, 2012a). Of the five watersheds reviewed, four were rated as having high conservation value and one was rated as having medium conservation value to the DPS.</P>
          <P>
            <E T="03">Unoccupied Areas</E>—The Team also considered whether blocked historical habitat above Elwha Dam and Glines Canyon Dam (on the Elwha River) may be essential for conservation of the DPS. The decommissioning of these dams began in 2011 and will allow steelhead and other salmonids access to at least 45 miles (72 km) of habitat in the basin upstream (WDFW, 2011; Olympic National Park, 2012). The Team determined that stream reaches above both dams are essential for conservation of the DPS, noting the significant amount of additional spawning habitat available relative to other much smaller streams in the Strait of Juan de Fuca, as well as the high likelihood that these habitats will likely be able to support both summer- and winter-run life forms of steelhead. We seek comments and information specific to this unoccupied area and our conclusion that it is essential to the conservation of Puget Sound steelhead.</P>
          <P>
            <E T="03">Nearshore Marine Areas of Puget Sound</E>—Unlike most other Pacific salmonids, steelhead appear to make only ephemeral use of nearshore marine waters. The species' lengthy freshwater rearing period results in large smolts that are prepared to move rapidly through estuaries and nearshore waters to forage on larger prey in offshore marine areas (Quinn, 2005; Welch, 2010). Although data specific to Puget Sound are limited, recent studies of steelhead migratory behavior strongly suggest that juveniles spend little time (a matter of hours in some cases) in estuarine and nearshore areas and do not favor migration along shorelines (Moore<E T="03">et al.,</E>2010a, Moore<E T="03">et al.,</E>2010b; Romer, 2010). In contrast, stream-type Puget Sound Chinook and Hood Canal summer-run chum salmon are known to make extensive use of nearshore areas in Puget Sound, spending from several days to several months in and adjacent to natal estuaries (WDFW and Point No Point Treaty Tribes, 2000; Redman<E T="03">et al.,</E>2005; Fresh, 2006). That well-documented behavior led us to designate specific nearshore areas as critical habitat for those two species (70 FR 52630, September 2, 2005). The data for steelhead, however, suggest the opposite conclusion.</P>
          <P>Anecdotal reports suggest that juvenile steelhead may travel short distances in nearshore areas as they move between adjacent river mouths. There are similar reports of limited nearshore use by precocious steelhead (i.e., fish that are reproductively mature but have not reached their typical adult age and size). Although such behaviors could be important life history strategies for steelhead, it is uncertain whether and where such behaviors occur in Puget Sound. Therefore, given the best available information, we conclude that there are not specific nearshore areas within the geographical area occupied by Puget Sound steelhead on which are found those physical or biological features essential to their conservation. We request comments and information regarding this conclusion.</P>
          <HD SOURCE="HD1">Application of ESA Section 4(b)(2)</HD>
          <P>The foregoing discussion describes those areas that are eligible for designation as critical habitat—the specific areas that fall within the ESA section 3(5)(A) definition of critical habitat, not including lands owned or controlled by the Department of Defense, or designated for its use, that are covered by an INRMP that we have determined in writing provides a benefit to the species. Specific areas eligible for designation are not automatically designated as critical habitat. Section 4(b)(2) of the ESA requires that the Secretary consider the economic impact, impact on national security, and any other relevant impact of designating those areas. The Secretary has the discretion to exclude a “particular area” from designation if he determines the benefits of exclusion (that is, avoiding the impact that would result from designation), outweigh the benefits of designation. The Secretary may not exclude an area from designation if, based on the best available scientific and commercial information, exclusion will result in the extinction of the species. Because the authority to exclude is “wholly” discretionary, exclusion is not required for any areas.</P>

          <P>The first step in conducting an ESA section 4(b)(2) analysis is to identify the “particular areas” to be analyzed. Section 3(5) of the ESA defines critical habitat as “specific areas,” while section 4(b)(2) requires the agency to consider certain factors before designating any “particular area.” Depending on the biology of the species, the characteristics of its habitat, and the nature of the impacts of designation, “specific” areas might be different from, or the same as, “particular” areas. For lower Columbia River coho and Puget Sound steelhead, we analyzed two types of “particular” areas. Where we considered economic impacts, and weighed the economic benefits of exclusion against the conservation benefits of designation, we used the same biologically based “specific” areas we had identified under section 3(5)(A), the HUC5 watershed. This worked well because upslope and upstream activities in a watershed can affect the stream within the watershed (see the draft Economic Analysis Report (NMFS 2012b) for definition of the HUC5s and more information). This approach allowed us to most effectively consider the conservation value of the different<PRTPAGE P="2739"/>areas when balancing conservation benefits of designation against economic benefits of exclusion. Where we considered impacts on Indian lands and lands subject to a habitat conservation plan (HCP), however, we instead used a delineation of “particular” areas based on ownership or control of the area. Specifically, these particular areas consisted of occupied freshwater and estuarine areas that overlap with Indian and HCP lands. This approach allowed us to consider impacts and benefits associated with land ownership and management by Indian tribes and HCP partners.</P>
          <P>The use of two different types of areas required us to account for overlapping boundaries (that is, ownership may span many watersheds and watersheds may have mixed ownership). The order in which we conducted the 4(b)(2) balancing became important because of this overlap. To ensure we were not double-counting the benefits of exclusion, we first considered exclusion of particular areas based on land ownership and determined which areas to recommend for exclusion. We then considered economic exclusion of particular areas based on watersheds, with the economic impact for each watershed adjusted based on whether a given type of ownership had already been recommended for exclusion.</P>
          <HD SOURCE="HD2">Benefits of Designation</HD>
          <P>The primary benefit of designation is the protection afforded under the ESA section 7 requirement that all Federal agencies ensure their actions are not likely to destroy or adversely modify designated critical habitat. This type of benefit is sometimes referred to as an incremental benefit because the protections afforded to the species from critical habitat designation are in addition to the requirement that all Federal agencies ensure their actions are not likely to jeopardize the continued existence of the species. In addition, the designation may enhance the conservation of habitat by informing the public about areas and features important to species conservation, which may help focus and contribute to conservation efforts for salmon and steelhead and their habitats.</P>
          <P>With sufficient information, it may be possible to monetize these benefits of designation by first quantifying the benefits expected from an ESA section 7 consultation and translating that into dollars. We are not aware, however, of any available data to monetize the benefits of designation (e.g., estimates of the monetary value of the physical and biological features within specific areas that meet the definition of critical habitat, or of the monetary value of general benefits such as education and outreach). In an alternative approach that we have commonly used in the past (70 FR 52630, September 2, 2005), we qualitatively assessed the benefit of designation for each of the specific areas identified as meeting the definition of critical habitat for each DPS. Our qualitative consideration began with an evaluation of the conservation value of each area. We considered a number of factors to determine the conservation value of an area, including the quantity and quality of physical or biological features, the relationship of the area to other areas within the DPS, and the significance to the DPS of the population occupying that area.</P>
          <P>There are many Federal activities that occur within the specific areas that could impact the conservation value of these areas. Regardless of designation, Federal agencies are required under Section 7 of the ESA to ensure these activities are not likely to jeopardize the continued existence of lower Columbia River coho and Puget Sound steelhead. If the specific areas are designated as critical habitat, Federal agencies will additionally be required to ensure their actions are not likely to adversely modify the critical habitat. We grouped the potential Federal activities that would be subject to this additional protection into several broad categories: water supply, in-stream work, development, Federal lands management, transportation, utilities, mining, and hydropower.</P>
          <P>The benefit of designating a particular area depends upon the likelihood of a section 7 consultation occurring in that area and the degree to which a consultation would yield conservation benefits for the species. Based on past consultations for listed salmon and steelhead in this region, we estimated that a total of 55 actions would require section 7 consultation annually for lower Columbia River coho within the particular areas being considered for designation (NMFS, 2012b). For Puget Sound steelhead, we estimated that a total of 117 actions would require section 7 consultation annually within the particular areas being considered for designation (NMFS, 2012b). The most common activity types subject to consultation in the range of each DPS would be in-stream work and transportation projects, accounting for approximately 80 percent of estimated actions (a complete list of the estimated annual actions, allocated by particular area, is included in the Draft Economic Analysis [NMFS, 2012b]). These activities have the potential to adversely affect water quality and substrate composition and quality for salmon and steelhead. Consultation would yield conservation benefits for the species by preventing or ameliorating such habitat effects.</P>
          <HD SOURCE="HD2">Impacts of Designation</HD>
          <P>Section 4(b)(2) of the ESA provides that the Secretary shall consider “the economic impact, impact on national security, and any other relevant impact of specifying any particular area as critical habitat.” The primary impact of a critical habitat designation stems from the requirement under section 7(a)(2) of the ESA that Federal agencies ensure their actions are not likely to result in the destruction or adverse modification of critical habitat. Determining this impact is complicated by the fact that section 7(a)(2) contains the overlapping requirement that Federal agencies must ensure their actions are not likely to jeopardize the species' continued existence. The true impact of designation is the extent to which Federal agencies modify their actions to ensure their actions are not likely to destroy or adversely modify the critical habitat of the species, beyond any modifications they would make because of listing and the jeopardy requirement. Additional impacts of designation include state and local protections that may be triggered as a result of the designation. In addition, if the area proposed for designation overlaps an area already designated as critical habitat for another species, the true impact of designation is the modification Federal agencies would make beyond any modification they would make to avoid adversely modifying the already-designated critical habitat.</P>

          <P>In determining the impacts of designation, we predicted the incremental change in Federal agency actions as a result of critical habitat designation an