[Federal Register Volume 77, Number 83 (Monday, April 30, 2012)]
[Pages 25529-25533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10369]

[[Page 25529]]



Federal Transit Administration

Over-the-Road Bus Accessibility Program Grants

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice of Availability of Fiscal Year 2012 Funds: Solicitation 
of Grant Proposals.


    Funds: Notice of funding availability: Solicitation of project 

SUMMARY: The U.S. Department of Transportation's (DOT) Federal Transit 
Administration (FTA) announces the availability of funds in Fiscal Year 
(FY) 2012 for the Over-the-Road Bus Accessibility (OTRB) Program, 
initially authorized by Section 3038 of the Transportation Equity Act 
for the 21st Century (TEA-21). The OTRB program makes funds available 
to private operators of over-the-road buses to finance the incremental 
capital and training costs of complying with DOT's over-the-road bus 
accessibility regulation. The authorizing legislation calls for 
national solicitation of proposals, with grantees to be selected on a 
competitive basis. Program funds are available to intercity fixed-route 
providers and other OTRB providers at up to 90 percent of the project 
    The Surface and Air Transportation Programs Extension Act of 2011, 
Public Law 112-30, continues the authorization of the Federal transit 
programs of the U.S. Department of Transportation (DOT) through March 
31, 2012, and provides contract authority for this program equal to 
approximately one half of the amounts available in FY 2011. 
Approximately $8.8 million is expected to be available for the OTRB 
program discretionary allocation and may include other discretionary 
program funds that become available. The total amount of funding 
available will be contingent on Congressional authorization and 
appropriation prior to the selection of awardees, and based on the 
timing of such funding becoming available, may also include funding 
appropriated for Fiscal Year 2013.

DATES: Complete proposals for the OTRB program announced in this Notice 
must be submitted by 11:59 p.m. EDT on June 7, 2012. All proposals must 
be submitted electronically through the APPLY function at http://www.grants.gov. Any applicant intending to apply should initiate the 
process of registering on the GRANTS.GOV site immediately to ensure 
completion of registration before the submission deadline. Instructions 
for applying can be found on FTA's Web site at http://www.fta.dot.gov/otrb and in the ``FIND'' module of GRANTS.GOV. FTA may announce grant 
selections in the Federal Register when the competitive selection 
process is complete.

FOR FURTHER INFORMATION CONTACT: Contact the appropriate FTA Regional 
Office found at http://www.fta.dot.gov for proposal-specific 
information and issues. For general program questions, contact Blenda 
Younger, Office of Program Management, (202) 366-4345, email: 
blenda.younger@dot.gov. A TDD is available at 1-800-877-8339 (TDD/


Table of Contents

I. Overview
II. Program Purpose
III. Program Information
    A. Award Information
    B. Eligible Applicants
    C. Eligible Projects
    D. Cost Sharing and Matching
IV. Proposal and Submission Information
V. Evaluation Criteria
VI. Award Administration Information
VII. Agency Contacts

I. Overview

A. Authority

    The program is authorized under Title 49, United States Code, 
Section 5338(a)(1)(c)(ii), as amended.

B. Background

    OTRBs are used in intercity fixed-route service as well as other 
services, such as commuter, charter, and tour bus services. These 
services are an important element of the U.S. transportation system. 
TEA-21 authorized the OTRB program to assist OTRB operators in 
complying with the Department's OTRB Accessibility regulation, 
``Transportation for Individuals with Disabilities'' (49 CFR part 37, 
subpart H).
    Under the OTRB Accessibility regulation, all new buses obtained by 
large (Class I carriers, i.e., those with gross annual transportation 
revenues of $8.7 million or more) fixed-route carriers after October 
30, 2000, must be accessible, with wheelchair lifts and tie-downs that 
allow passengers to ride in their own wheelchairs. The rule required 50 
percent of the fixed-route operators fleets to be accessible by 2006, 
and 100 percent of the vehicles in their fleets to be accessible by 
October 29, 2012. New buses acquired by small (gross transportation 
revenues of less than $8.7 million annually) fixed-route operators 
after October 29, 2001, also are required to be lift-equipped, although 
they do not have a deadline for total fleet accessibility. Small 
operators also can provide equivalent service in lieu of obtaining 
accessible buses. Starting in 2001, charter and tour companies must 
provide service in an accessible bus on 48 hours advance notice. Fixed-
route operators must also provide this kind of service on an interim 
basis until their fleets are completely accessible.
    Operators should consult 49 CFR part 37, subpart H, regarding the 
acquisition of accessible vehicles and the provision of accessible 
service to determine the applicable section that best describes their 
operating characteristics. Specifications describing the design 
features of an accessible over-the-road bus are listed in 49 CFR part 
38, subpart G.

II. Program Purpose

    The purpose of the OTRB program is to improve mobility by ensuring 
that the transportation system is accessible, integrated, and 
efficient, and offers flexibility of choices. OTRB projects will 
improve mobility for individuals with disabilities by providing 
financial assistance to help make vehicles accessible. The program will 
also provide training to ensure drivers and others are properly trained 
to use accessibility features. Sensitivity training for serving patrons 
with disabilities is also included.

Vehicle and Service Definitions

    An ``over-the-road bus'' is defined in 49 CFR 37.3 as a bus 
characterized by an elevated passenger deck located over a baggage 
    Intercity, fixed-route over-the-road bus service is regularly 
scheduled bus service for the general public, using an OTRB that 
operates with limited stops over fixed routes connecting two or more 
urban areas not in close proximity or connecting one or more rural 
communities with an urban area not in close proximity; has the capacity 
for transporting baggage carried by passengers; and makes meaningful 
connections with scheduled intercity bus service to more distant 
points. The application includes six factors that will be reviewed to 
determine eligibility for a portion of the funding available to 
operators that qualify under this definition.
    ``Other'' OTRB service means any other transportation using OTRBs, 
including local fixed-route service, commuter service, and charter or 
tour service (including tour or excursion service that includes 
features in addition to bus transportation such as meals, lodging, 
admission to points of

[[Page 25530]]

interest or special attractions). While some commuter service may also 
serve the needs of some intercity fixed-route passengers, the statute 
includes commuter service in the definition of ``other'' service. 
Commuter service providers may apply for these funds, even though the 
services designed to meet the needs of commuters may also provide 
service to intercity fixed-route passengers on an incidental basis. If 
a commuter service provider can document that more than 50 percent of 
its passengers are using the service as intercity fixed-route service, 
the provider may apply for the funds designated for intercity fixed-
route operators.

III. Program Information

A. Award Information

    Federal transit funds are available to intercity fixed-route 
providers and other OTRB providers at up to 90 percent of the project 
cost. A total of $8,800,000 is expected to be available for the program 
in FY 2012. Successful applicants will be awarded grants. Typical 
grants under this program range from $25,000 to $180,000, with most 
grants being less than $40,000, for lift equipment for a single 

B. Eligible Applicants

    Grants will be made directly to operators of over-the-road buses. 
Intercity, fixed-route OTRB service providers may apply for the funds 
appropriated for intercity fixed-route providers in FY 2012. Applicants 
must establish eligibility as intercity fixed-route providers by 
meeting six factors identified in the application. Other OTRB service 
providers, including operators of local fixed-route service, commuter 
service, and charter or tour service may apply for the funds that were 
appropriated in FY 2012 for these providers. OTRB operators who provide 
both intercity, fixed-route service and another type of service, such 
as commuter, charter or tour, may apply for both categories of funds 
with a single application. Private for-profit operators of over-the-
road buses are eligible to be direct applicants for this program. This 
is a departure from most other FTA programs for which the direct 
applicant must be a State or local public body. FTA does not award 
grants to public entities under this program.
    Section 50 of FTA's Master Agreement, titled ``Special Provisions 
for Over-the-Road Bus Accessibility Projects,'' incorporates the U.S. 
Department of Transportation's regulations implementing the Americans 
with Disabilities Act of 1990 (49 CFR part 37). Section 37.213 of the 
implementing regulation requires private OTRB operators to file annual 
submissions with the Federal Motor Carrier Safety Administration's 
(FMCSA) Office of Data Analysis and Administration. Because compliance 
with all applicable Federal laws is a term and condition of grant 
eligibility, applicants who are not in compliance with the FMCSA filing 
requirements will be ineligible to participate in this program.

C. Eligible Projects

    Projects to finance the incremental capital and training costs of 
complying with DOT's OTRB accessibility rule (49 CFR Part 37) are 
eligible for funding. Incremental capital costs eligible for funding 
include adding lifts, tie-downs, moveable seats, doors and training 
costs associated with using the accessibility features and serving 
persons with disabilities. Retrofitting vehicles with such 
accessibility components is also an eligible expense. Please see Buy 
America section for further conditions of eligibility.
    FTA may award funds for costs already incurred by the applicants. 
Any new wheelchair accessible vehicles delivered after June 8, 1998, 
the date that the TEA-21 became effective, are eligible for funding 
under the program. Vehicles of any age that have been retrofitted with 
lifts and other accessibility components after June 8, 1998, are also 
eligible for funding.
    Eligible training costs are those required by the final 
accessibility rule as described in 49 CFR 37.209. These activities 
include training in proper operation and maintenance of accessibility 
features and equipment, boarding assistance, securement of mobility 
aids, sensitive and appropriate interaction with passengers with 
disabilities, and handling and storage of mobility devices. The costs 
associated with developing training materials or providing training for 
local providers of OTRB services for these purposes are also eligible 
    FTA will not fund the incremental costs of acquiring used 
accessible OTRBs that were previously owned, as it may be impossible to 
verify whether or not FTA funds were already used to make the vehicles 
accessible. Also, it would be difficult to place a value on the 
accessibility features based upon the depreciated value of the vehicle. 
The legislative intent of this grant program is to increase the number 
of wheelchair accessible OTRBs available to persons with disabilities 
throughout the country. The purchase of previously-owned accessible 
vehicles, whether or not they were funded by FTA, does not further this 
    FTA has sponsored the development of accessibility training 
materials for public transit operators. FTA-funded Project ACTION is a 
national technical assistance program to promote cooperation between 
the disability community and the transportation industry. Project 
ACTION provides training, resources and technical assistance to 
thousands of disability organizations, consumers with disabilities, and 
transportation operators. It maintains a resource center with up-to-
date information on transportation accessibility. Project ACTION may be 
contacted at: Project ACTION, 1425 K Street NW., Suite 200, Washington, 
DC 20005, Phone: 1-800-659-6428 (TDD: (202) 347-7385), Internet 
address: http://www.projectaction.org/.

D. Cost Sharing and Matching

    Federal transit funds are available to intercity fixed-route 
providers and other OTRB providers at up to 90 percent of the project 
cost. A 10 percent local match is required.

IV. Proposal and Submission Information

A. Proposal Submission Process

    Project proposals must be submitted electronically through http://
www.GRANTS.GOV by 11:59 p.m. EDT on June 7, 2012. Mail and fax 
submissions will not be accepted.
    A complete proposal submission will consist of at least two files: 
(1) The SF 424 Mandatory form (downloaded from GRANTS.GOV) and (2) the 
OTRB supplemental form found on the FTA Web site at http://www.fta.dot.gov/otrb.
    The supplemental form provides guidance and a consistent format for 
proposers to respond to the criteria outlined in this Notice of Funding 
Availability (NOFA). Once completed, the supplemental form must be 
placed in the attachments section of the SF 424 Mandatory form. 
Proposers must use the supplemental form and attach it to their 
submission in GRANTS.GOV to successfully complete the application 
process. A proposal submission may contain additional supporting 
documentation as attachments.
    Within 24-48 hours after submitting an electronic application, the 
applicant should receive three email messages from GRANTS.GOV: (1) 
Confirmation of successful transmission to GRANTS.GOV, (2) confirmation 
of successful validation by GRANTS.GOV and (3) confirmation of 
successful validation by FTA. If confirmations of

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successful validation are not received and a notice of failed 
validation or incomplete materials is received, the applicant must 
address the reason for the failed validation or incomplete materials, 
as described in the notice, and resubmit before the submission 
deadline. If making a resubmission for any reason, include all original 
attachments regardless of which attachments are updated, and check the 
box on the supplemental form indicating this is a resubmission.
    Complete instructions on the application process can be found at 
http://www.fta.dot.gov/otrb. Important: FTA urges proposers to submit 
their proposals at least 72 hours prior to the due date to allow time 
to receive the validation message and to correct any problems that may 
have caused a rejection notification. Submissions after the stated 
submission deadlines will not be accepted. GRANTS.GOV scheduled 
maintenance and outage times are announced on the GRANTS.GOV Web site 
http://www.GRANTS.GOV. The deadline will not be extended due to 
scheduled maintenance or outages.
    Proposers may submit one proposal for each project or one proposal 
containing multiple projects. Proposers submitting multiple projects in 
one proposal must be sure to clearly define each project by completing 
a supplemental form for each project. Supplemental forms must be added 
within the proposal by clicking the ``add project'' button in Section 
II of the supplemental form.

B. Application Guidelines

    The proposal should provide information on all items for which you 
are requesting funding in FY 2012. If you use another company's 
previous proposal as a guide, remember to modify all elements as 
appropriate to reflect your company's situation. The proposal must 
include a brief project narrative in the Standard Form 424, 
``Application for Federal Assistance'', and a more substantive 
narrative, in the Project Executive Summary, in the Supplemental FTA 
form. The following information must be included in the supplemental 
forms for all requests for OTRB funding.

C. Proposal Content

1. Applicant Information
    This addresses basic identifying information, including:
    i. Company name.
    ii. Dun and Bradstreet (D&B) Data Universal Numbering System (DUNS) 
    iii. Contact information for notification of project selection: 
Contact name, address, email address, fax and phone number.
    iv. Description of services provided by company, including areas 
    v. For fixed-route carriers, whether you are a large (Class I, with 
gross annual transportation revenues of $8.7 million or more) or small 
(gross transportation revenues of less than $8.7 million annually) 
    vi. Existing fleet and employee information, including number of 
over-the-road buses used for (1) intercity fixed-route service, and (2) 
other service, and number of employees.
    vii. If you provide both intercity fixed-route service and another 
type of service, such as commuter, charter or tour service, please 
provide an estimate of the proportion of your service that is 
    viii. Description of your technical, legal, and financial capacity 
to implement the proposed project. Include evidence that you currently 
possess appropriate operating authority (e.g., DOT number if you 
operate interstate or identifier assigned by State if you do not 
operate interstate service).
2. Project Information
    Every proposal must:
    i. Provide the Federal amount requested for each purpose for which 
funds are sought.
    ii. Document matching funds, including amount and source.
    iii. Describe project, including components to be funded (e.g., 
lifts, tie-downs, moveable seats, or training).
    iv. Provide project timeline, including significant milestones such 
as date or contract for purchase of vehicle(s), and actual or expected 
delivery date of vehicles.
    v. Address each of the five statutory evaluation criteria described 
in Section V.
    vi. If requesting funding for intercity service, provide evidence 
    a. The applicant provides scheduled, intercity, fixed route, over-
the-road bus service that interlines with one or more scheduled, 
intercity bus operators. (Such evidence includes applicant's membership 
in the National Bus Traffic Association or participation in separate 
interline agreements, and participation in interline tariffs or price 
lists issued by, or on behalf of, scheduled, intercity bus operators 
with whom the applicant interlines); and
    b. The applicant has obtained authority from the Federal Motor 
Carrier Safety Administration or the Interstate Commerce Commission to 
operate scheduled, intercity, fixed route service; and as many of the 
following as are applicable;
    c. The applicant is included in Russell's Official National Motor 
Coach Guide showing that it provides regularly scheduled, fixed route 
OTRB service with meaningful connections with scheduled intercity bus 
service to more distant points.
    d. The applicant maintains a Web site showing routes and schedules 
of its regularly scheduled, fixed route OTRB service and its meaningful 
connections to other scheduled, intercity bus service.
    e. The applicant maintains published schedules showing its 
regularly scheduled, fixed route OTRB service and its meaningful 
connections to other scheduled, intercity bus service.
    f. The applicant participates in the International Registration 
Plan (IRP) apportionment program.
3. Labor Information
    The Applicant agrees to comply with the terms and conditions of the 
Special Warranty for the Over-the-Road Bus Accessibility program that 
is most current as of the date of execution of the Grant Agreement or 
Cooperative Agreement for the project, and any alternative comparable 
arrangements specified by U.S. Department of Labor (DOL) for 
application to the Applicant's project, in accordance with DOL 
guidelines, ``Section 5333(b), Federal Transit Law,'' 29 CFR part 215, 
and any revisions thereto. Any DOL Special Warranty that may be 
provided and any documents cited therein are incorporated by reference 
and made part of the Grant Agreement. Additional information regarding 
grants that require referral can be found on DOL's Web site: https://www.dol.gov/esa/olms/regs/compliance/redesign_2006/redesign2006_transitemplprotect.htm.

D. Intergovernmental Review

    This program is not generally subject to Executive Order (EO) 
12372, ``Intergovernmental Review of Federal Programs.'' For more 
information, contact the State's Single Point of Contact (SPOC) to find 
out about and comply with the State's process under EO 12372. The names 
and addresses of the SPOCs are listed in the Office of Management and 
Budget's homepage at http://www.whitehouse.gov/omb/grants/spoc.html.

E. Funding Restrictions

    Only proposals from eligible recipients for eligible activities 
will be considered for funding. Due to funding limitations, applicants 
that are selected for funding may receive less than the amount 
requested. FTA intends to fund as many meritorious projects as 
possible. In addition, geographic

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diversity may be considered in FTA's award decisions. FTA may also 
consider other factors, such as the size of the applicant's fleet and 
the level of FTA funding previously awarded to applicants in prior 
years. Applicants will not be considered for funding as intercity 
fixed-route operators unless they satisfy, at a minimum, the first two 
factors and at least one of factors three through six listed in the 
Project Information section of the application; these factors are 
applicable to intercity fixed-route applicants.

V. Evaluation Criteria

    Projects will be evaluated according to the following criteria:
    1. The identified need for OTRB accessibility for persons with 
disabilities in the areas served by the applicant.
    2. The extent to which the applicant demonstrated innovative 
strategies and financial commitment to providing access to OTRBs to 
persons with disabilities.
    3. The extent to which the OTRB operator acquired equipment 
required by DOT's over-the-road bus accessibility rule prior to the 
required time-frame in the rule.
    4. The extent to which financing the costs of complying with DOT's 
rule presents a financial hardship for the applicant.
    5. The impact of accessibility requirements on the continuation of 
OTRB service with particular consideration of the impact of the 
requirements on service to rural areas and for low-income individuals.

VI. Award Administration Information

 A. Review and Selection Process

    In addition to other FTA staff that may review the proposals, a 
technical evaluation committee will review proposals under the project 
evaluation criteria. Members of the technical evaluation committee and 
other involved FTA staff reserve the right to screen and rate the 
proposals it receives and to seek clarification from any applicant 
about any statement in its application that FTA finds ambiguous and/or 
request additional documentation to be considered during the evaluation 
process to clarify information contained within the proposal.
    After consideration of the findings of the technical evaluation 
committee, the FTA Administrator will determine the final selection and 
amount of funding for each project. FTA expects to announce the 
selected projects and notify successful applicants in August 2012.
    Once successful applicants are announced, they will work with the 
appropriate Regional office to develop a grant application consistent 
with the selected proposal in FTA's Transportation Electronic Award 
Management System (TEAM).
    Incomplete or non-responsive applications will be disqualified. 
Applicants that do not qualify as intercity-fixed route operators may 
be considered for funding in the ``other'' category using the same 
application. FTA will make an effort to award every qualified applicant 
at least one lift, and, may consider the percentage of fleet currently 
accessible when reviewing proposals.

B. Administrative and National Policy Requirements

1. Grant Requirements
    Applicants selected for funding must include documentation 
necessary to meet the requirements of FTA's Nonurbanized Area Formula 
program (Title 49, United States Code, Section 5311). Technical 
assistance regarding these requirements is available from each FTA 
regional office. The regional offices will contact those applicants 
selected for funding regarding procedures for making the required 
certifications and assurances to FTA before grants are made.
    The authority for these requirements is provided by TEA-21, Public 
Law 105-178, June 9, 1998, as amended by the TEA-21 Restoration Act 
105-206, 112 Stat. 685, July 22, 1998; 49 U.S.C. Section 5310, note; 
and DOT and FTA regulations and FTA Circulars.
2. Buy America
    Under the OTRB Accessibility Grant Program, FTA's Buy America 
regulations, 49 CFR part 661, apply to the incremental capital costs of 
making vehicles accessible.
    Generally, Buy America applies to all accessibility equipment 
acquired with FTA funds, i.e., all of the manufacturing processes for 
the product take place in the United States. The lift, the moveable 
seats, and the securement devices will each be considered components 
for purposes of this program; accordingly, as components, each must be 
manufactured in the United States regardless of the origin of its 
respective subcomponents.
    It should also be noted that FTA has issued a general public 
interest waiver for all purchases under the Federal ``small purchase'' 
threshold, which is currently $100,000. (See 49 CFR 661.7, Appendix A 
(e)). Because Section 3038(b) of TEA-21, limited FTA financing to the 
incremental capital costs of compliance with DOT's OTRB accessibility 
rule, the small purchase waiver applies only to the incremental cost of 
the accessibility features. Where more than one bus is being made 
accessible, the grantee must calculate the incremental cost increase of 
the entire procurement when determining if the small purchase waiver 
applies. For example, if $30,000 is the incremental cost for the 
accessibility features eligible under this program per bus (regardless 
of the Federal share contribution), then a procurement of three buses 
with a total such cost of $90,000, would qualify for the small purchase 
waiver. No special application to FTA would be required.
    The grantee must obtain a certification from the bus or component 
manufacturer that all items included in the incremental cost for which 
the applicant is applying for funds meet Buy America requirements. The 
Buy America regulations can be found at http://www.fta.dot.gov/buyamerica.
3. Labor Protection
    Section 3013(h) of SAFETEA-LU amended 49 U.S.C. Section 5311(j)(1) 
to permit the Secretary of Labor to utilize a special warranty that 
provides a fair and equitable arrangement to protect the interest of 
employees as set forth in 49 U.S.C. 5333(b). Pursuant to this 
authorization, the DOL amended its implementing regulations at 29 CFR 
part 215 (73 FR 47046, Aug. 13, 2008). On October 1, 2008, DOL began 
using a revised special warranty for the Section 5311 program which is 
appropriate for use with OTRB grants. All OTRB grants awarded after 
October 1, 2008 will be subject to the special warranty for labor 
protective arrangements under the Section 5311 program, which will be 
incorporated by reference in the grant agreement.
4. Planning
    Applicants are encouraged to notify the appropriate State 
Departments of Transportation and Metropolitan Planning Organizations 
(MPO) in areas likely to be served by equipment made accessible through 
funds made available in this program. Those organizations, in turn, 
should take appropriate steps to inform the public, and individuals 
requiring fully accessible services in particular, of operators' 
intentions to expand the accessibility of their services. Incorporation 
of funded projects in the plans and transportation improvement programs 
of states and metropolitan areas by States and MPOs also is encouraged, 
but is not required.

[[Page 25533]]

5. Standard Assurances
    The Applicant assures that it will comply with all applicable 
Federal statutes, regulations, executive orders, FTA circulars, and 
other Federal administrative requirements in carrying out any project 
supported by the FTA grant. The Applicant acknowledges that it is under 
a continuing obligation to comply with the terms and conditions of the 
grant agreement issued for its project with FTA. The Applicant 
understands that Federal laws, regulations, policies, and 
administrative practices might be modified from time to time and affect 
the implementation of the project. The Applicant agrees that the most 
recent Federal requirements will apply to the project, unless FTA 
issues a written determination otherwise. Certifications and Assurances 
for grants to be awarded under this program in FY 2012 are included in 
the FTA Certifications and Assurances for FY 2012 which were published 
in the Federal Register of November 1, 2011, and made available for 
electronic signature in FTA's grants system. Every applicant must 
submit Certification 01, ``For Each Applicant.'' Each applicant for 
more than $100,000 must provide both Certification 01, and, 02, the 
``Lobbying Certification.''
6. Reporting
    Post-award reporting requirements include submission of final 
Federal Financial Report and milestone report, or annual reports for 
grants remaining open at the end of each Federal fiscal year (September 
30). Documentation is required for payment.

VII. Agency Contact(s)

    Contact the appropriate FTA Regional Office at http://www.fta.dot.gov for proposal-specific information and issues. For 
general program information, contact Blenda Younger, Office of Program 
Management, (202) 366-4345, email: blenda.younger@dot.gov. A TDD is 
available at 1-800-877-8339 (TDD/FIRS).

    Issued in Washington, DC, this 25th day of April 2012.
Peter Rogoff,
[FR Doc. 2012-10369 Filed 4-27-12; 8:45 am]