Unknown. Notice of policy amendment
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/register/2012/08/17/2012-20122A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2012-08-17.xml --- 77 160 Friday, August 17, 2012 Contents Agriculture Agriculture Department See Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: USDA Registration Form to Request Electronic Access Code, 49774-49775 2012-20200 Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 49796-49799 2012-20211 2012-20213 2012-20218 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Medicare and Medicaid Programs: Quarterly Listing of Program Issuances, April through June 2012, 49799-49817 2012-20074 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2012-20164 49817-49818 2012-20207 Coast Guard Coast Guard RULES Safety Zones:
Antique Boat Show, Niagara River, Grand Island, NY., 49730-49732 2012-20188 Commerce Commerce Department See Economic Analysis Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 49783-49784 2012-20253 2012-20252 Defense Department Defense Department See Navy Department Department of Transportation See Pipeline and Hazardous Materials Safety Administration Economic Analysis Bureau Economic Analysis Bureau RULES International Services Surveys and Direct Investment Surveys Reporting, 49721-49722 2012-20147 Education Department Education Department NOTICES Meetings:
National Advisory Committee on Institutional Quality and Integrity, 49786-49788 2012-20281 National Committee on Foreign Medical Education and Accreditation, 49788-49789 2012-20282 Energy Department Energy Department RULES Energy Conservation Program for Consumer Products and Certain Commercial and Industrial Equipment: Full-Fuel-Cycle Analyses, 49701-49702 2012-20122 PROPOSED RULES Energy Conservation Standards for Residential Dehumidifiers: Public Meeting and Availability of the Framework Document, 49739-49740 2012-20231 NOTICES Presidential Permits:
Energia Sierra Juarez U.S. Transmission, LLC, for Energia Sierra Juarez U.S. Transmission Line Project, 49789-49792 2012-20234 Environmental Protection Environmental Protection Agency RULES Pesticide Tolerances: Cyprodinil, 49732-49738 2012-20235 NOTICES Environmental Impact Statements; Weekly Receipt, 49792 2012-20248 FIFRA Pesticide Registration Review and ESA Consultation Processes: Stakeholder Input, 49792-49793 2012-20237 Pesticide Applications Filed for Emergency Exemptions:
Ortho-Phthalaldehyde, 49793-49794 2012-19953 Settlements under Comprehensive Environmental Response, Compensation, and Liability Act: Hamburg Mill Creek Superfund Site, Berks County, PA, 49795 2012-20276 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Airplanes, 49705-49708 2012-19815 Embraer S.A. Airplanes, 49702-49705 2012-19396 Eurocopter Deutschland GmbH Helicopters, 49705 2012-20177 Sikorsky Aircraft Corporation Helicopters, 49710-49712 2012-20102 The Boeing Company Airplanes, 49708-49710 2012-19819 Amendments of Class D Airspace:
Sault Ste Marie, ON, 49719-49720 2012-20138 Amendments to Class B Airspace: Salt Lake City, UT, 49712-49719 2012-19583 Establishments of Class E Airspace: Chenega Bay, AK, 49720-49721 2012-20139 PROPOSED RULES Repair Stations; Comment Period Extension, 49740-49741 2012-20277 NOTICES Meetings: RTCA Special Committee 216, Aeronautical Systems Security (Joint Meeting with EUROCAE WG-72), 49851-49852 2012-20257 Passenger Facility Charge Approvals and Disapprovals, 49852-49854 2012-20169 Federal Bureau Federal Bureau of Investigation NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 49830-49831 2012-20186 2012-20187 Federal Communications Federal Communications Commission PROPOSED RULES Procedures for Assessment and Collection of Regulatory Fees; Fiscal Year 2008, 49749-49773 2012-20203 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 49795 2012-20286 Federal Railroad Federal Railroad Administration NOTICES Environmental Impact Statements; Availability, etc.: Oregon Portion of Pacific Northwest Rail Corridor, Portland to Eugene, 49854-49856 2012-20227 Salinas to San Luis Obispo Portion of Coast Corridor;
Monterey and San Luis Obispo Counties, CA, 49856-49857 2012-20245 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 49795 2012-20165 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 49795-49796 2012-20166 2012-20210 Federal Transit Federal Transit Administration NOTICES Alternatives Analysis of Tacoma Link Expansion; Tacoma, WA, 49857-49859 2012-20220 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants:
Determination of Status for the Gierisch Mallow and Designation of Critical Habitat, 49894-49919 2012-20086 Migratory Bird Hunting: Frameworks for Late Season Hunting, 49868-49891 2012-20078 NOTICES Environmental Assessments; Availability, etc.: TransCanada Keystone Pipeline's Gulf Coast Project in Oklahoma; Habitat Conservation Plan, 49824-49825 2012-20349 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:
Bar Code Label Requirement for Human Drug and Biological Products, 49818-49819 2012-20205 Pretesting of Tobacco Communications, 49819-49820 2012-20206 Foreign Assets Foreign Assets Control Office NOTICES Blocking of Individuals and Entities: Government of Syria, 49864-49865 2012-20194 Forest Forest Service NOTICES Boundaries; Technical Corrections: McKenzie Wild and Scenic River, Lower and Upper Portions, Willamette National Forest, Lane County, OR, 49775 2012-20226 Environmental Impact Statements;
Availability, etc.: Beaverhead Deerlodge National Forest, Wisdom and Wise River Ranger Districts, MT; North and West Big Hole Allotment Management Plans, 49775-49776 2012-20209 Meetings: Amador County Resource Advisory Committee, 49779-49780 2012-20212 Big Horn County Resource Advisory Committee, 49779 2012-20222 Dixie Resource Advisory Committee, 49777-49778 2012-19491 El Dorado County Resource Advisory Committee, 49776-49777 2012-19838 Fishlake Resource Advisory Committee, 49777 2012-20208 Gallatin County Resource Advisory Committee, 49778 2012-19881 Pennington County Resource Advisory Committee, 49778-49779 2012-20217 Southern Montans Resource Advisory Committee, 49780 2012-19877 Southern New Mexico Resource Advisory Committee, 49776 2012-20224 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See U.S.
Citizenship and Immigration Services See U.S. Immigration and Customs Enforcement NOTICES Exercise of Authority under Immigration and Nationality Act, 49821-49822 2012-20278 Housing Housing and Urban Development Department NOTICES Federal Properties Suitable as Facilities to Assist Homeless, 49823-49824 2012-20191 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Surface Mining Reclamation and Enforcement Office International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews;
Results, Extensions, Amendments, etc.: Brass Sheet and Strip from Italy, 49780-49781 2012-20201 Terminations of Panel Reviews, 49781 2012-20225 Judicial Conference Judicial Conference of the United States NOTICES Hearings: Judicial Conference Advisory Committees on Rules of Appellate, Bankruptcy, and Criminal Procedure and Federal Rules of Evidence, 49828 2012-20283 Justice Department Justice Department See Federal Bureau of Investigation NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: National Corrections Reporting Program, 49828-49830 2012-20180 Lodgings of Proposed Amendments to Consent Decrees under Clean Air Act, 49830 2012-20246 Labor Department Labor Department See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Green Technologies and Practices Survey, 49831-49832 2012-20193 Land Land Management Bureau NOTICES Environmental Impact Statements;
Availability, etc.: Lost Creek Uranium In Situ Recovery Project, Sweetwater County, WY, 49825-49826 2012-20175 Filings of Plats: Colorado, 49826 2012-20221 Meetings: Idaho Falls District Resource Advisory Council Meeting, 49826-49827 2012-20219 National Highway National Highway Traffic Safety Administration NOTICES Traffic Records Program Assessment Advisory, 49859-49860 2012-20249 National Institute National Institutes of Health NOTICES Meetings: National Center for Advancing Translational Sciences, 49820-49821 2012-20273 National Institute of Biomedical Imaging and Bioengineering, 49821 2012-20272 National Institute of Dental and Craniofacial Research, 49820 2012-20275 National Oceanic National Oceanic and Atmospheric Administration NOTICES Meetings:
North Pacific Fishery Management Council, 49781-49782 2012-20216 Public Hearings: Mid-Atlantic Fishery Management Council, 49782 2012-20215 Takes of Marine Mammals Incidental to Specified Activities: Marine Seismic Survey in Beaufort and Chukchi Seas, AK, 49922-49961 2012-20173 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 49832-49833 2012-20255 Navy Navy Department NOTICES Environmental Impact Statements;
Availability, etc.: Naval Air Weapons Station China Lake Public Land Withdrawal, California; Meetings, 49784-49786 2012-20279 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2012-20183 49833-49835 2012-20184 2012-20185 Orders Prohibiting Involvement in NRC-Licensed Activities: Joseph Quintanilla, 49835-49837 2012-20230 Occupational Safety Health Adm Occupational Safety and Health Administration RULES Cranes and Derricks in Construction;
Demolition and Underground Construction, 49722-49730 2012-20171 PROPOSED RULES Cranes and Derricks in Construction; Demolition and Underground Construction, 49741-49749 2012-20170 Patent Patent and Trademark Office NOTICES Humanitarian Awards Pilot Program; Application Deadline Extension, 49782-49783 2012-20242 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Applications for Modifications of Special Permits, 49860-49861 2012-19835 Applications for Special Permits, 49861-49862 2012-19833 Postal Service Postal Service NOTICES Transfers to Competitive Product List:
Outbound Single-Piece First-Class Mail International Packages and Rolls to Competitive Product List, 49837 2012-20181 Securities Securities and Exchange Commission NOTICES Applications: IndexIQ Advisors LLC and IndexIQ Active ETF Trust, 49839-49846 2012-20264 Meetings; Sunshine Act, 49846 2012-20400 Plan for Reporting of Consolidated Options Last Sale Reports and Quotation Information: Options Price Reporting Authority; Amendment, 49837-49839 2012-20263 Self-Regulatory Organizations;
Proposed Rule Changes: Chicago Board Options Exchange, Inc., 49846-49848 2012-20261 C1--2012--19356 National Stock Exchange, Inc., 49848-49849 2012-20262 Social Social Security Administration NOTICES Privacy Act; Systems of Records: Computer Matching Program, Office of Child Support Enforcement, 49849-49851 2012-20204 State Department State Department NOTICES Meetings: Advisory Committee on Private International Law; Study Group on International Arbitration and Conciliation, 49851 2012-20244 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 2012-19836 49827-49828 2012-19837 Surface Transportation Surface Transportation Board NOTICES Acquisition and Operation Exemptions: Santa Cruz and Monterey Bay Railway Co.; Union Pacific Railroad Co., 49862 2012-20236 Assignment of Lease Exemptions: Santa Cruz and Monterey Bay Railway Co.; Union Pacific Railroad Co. and Sierra Northern Railway, 49862-49863 2012-20241 Change in Operator Exemptions: Pacific Imperial Railroad, Inc.; Rail Line of San Diego and Arizona Eastern Railway Co., 49863 2012-20260 Continuance in Control Exemptions:
Iowa Pacific Holdings, LLC and Permian Basin Railways; Santa Cruz and Monterey Bay Railway Co., 49863-49864 2012-20240 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board RULES Organization and Delegation of Powers and Duties, 49964-49990 2012-19397 Treasury Treasury Department See Foreign Assets Control Office NOTICES List of Countries Requiring Cooperation with an International Boycott, 49864 2012-20182 U.S.
Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Removal, Form I-243, 49822-49823 2012-20250 Immigration U.S. Immigration and Customs Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 49823 2012-19745 Veteran Affairs Veterans Affairs Department NOTICES Environmental Impact Statements; Availability, etc.: San Francisco Veterans Affairs Medical Center Long Range Development Plan, 49865 2012-20243 Meetings:
Geriatrics and Gerontology Advisory Committee, 49865-49866 2012-20189 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 49868-49891 2012-20078 Part III Interior Department, Fish and Wildlife Service, 49894-49919 2012-20086 Part IV Commerce Department, National Oceanic and Atmospheric Administration, 49922-49961 2012-20173 Part V Transportation Department, 49964-49990 2012-19397 Reader Aids 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.
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. 77 160 Friday, August 17, 2012 Rules and Regulations DEPARTMENT OF ENERGY 10 CFR Parts 430 and 431 [Docket Number EERE-2010-BT-NOA-0028] RIN 1904-AC24 Energy Conservation Program for Consumer Products and Certain Commercial and Industrial Equipment:
Notice of Policy Amendment Regarding Full-Fuel-Cycle Analyses AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of policy amendment. SUMMARY: On August 18, 2011, the U.S. Department of Energy
(DOE)announced its intention to use full-fuel-cycle
(FFC)measures of energy use and greenhouse gas and other emissions in the national impact analyses and environmental assessments included in future energy conservation standards rulemakings. While DOE stated in that notice that it intended to use the Greenhouse Gases, Regulated Emissions, and Energy Use in Transportation (GREET) model to conduct the analyses, the Department also said that it would review alternative methods, including the use of the National Energy Modeling System
(NEMS)developed by DOE's Energy Information Administration (EIA). After evaluating both NEMS and GREET, DOE has determined that NEMS is ultimately a more appropriate tool to calculate FFC measures of energy use and greenhouse gas and other emissions. Therefore, DOE intends to use the NEMS model, rather than the GREET model, as the basis for deriving the energy and emission multipliers used to conduct FFC analyses in support of future energy conservation standards rulemakings. The public is free to send in comments on this policy amendment at any time. DOE will address comments on this policy amendment in the first notice of proposed rulemaking
(NOPR)to utilize the NEMS-based approach for the FFC. DATES: August 17, 2012. ADDRESSES: Interested persons are encouraged to submit comments using the Federal eRulemaking Portal at *http://www.regulations.gov.* Follow the instructions for submitting comments. Alternatively, interested persons may submit comments, identified by docket number EERE-2011-BT-NOA-0028, by any of the following methods: • *Email:* To *FFC-2010-NOA-0028-ee.doe.gov.* Include EERE-2011-BT-NOA-0028 in the subject line of the message. • *Mail:* Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Program, Mailstop EE-2J, Notice of Policy Amendment to Full Fuel Cycle Analyses, EERE-2011-BT- NOA-0028, 1000 Independence Avenue SW., Washington, DC 20585- 0121. Phone:
(202)586-2945. If possible, please submit all items on a CD. It is not necessary to include printed copies. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Program, 6th Floor, 950 L'Enfant Plaza SW., Washington, DC 20024. Phone:
(202)586-2945. If possible, please submit all items on a CD. It is not necessary to include printed copies. Instructions: All submissions received must include the agency name and docket number or RIN for this rulemaking. *Docket:* For access to the docket to read background documents, or comments received, go to the Federal eRulemaking Portal at *http://www.regulations.gov.* FOR FURTHER INFORMATION CONTACT: Mr. Jeremy Dommu, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Program, EE-2J, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone:
(202)586-9870. Email: *Jeremy.Dommu@ee.doe.gov.* Ms. Ami Grace-Tardy, U.S. Department of Energy, Office of the General Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone:
(202)586-5709. Email: *Ami.Grace-Tardy@hq.doe.gov.* SUPPLEMENTARY INFORMATION: I. Introduction and Discussion On August 18, 2011, the U.S. Department of Energy
(DOE)published a policy statement announcing its intention to use full-fuel-cycle
(FFC)measures of energy use and greenhouse gas and other emissions in the national impact analyses and environmental assessments included in future energy conservation standards rulemakings. (76 FR 51281) While DOE stated in that notice that it intended to use the Greenhouse Gases, Regulated Emissions, and Energy Use in Transportation (GREET) model to conduct the analysis, the Department also said that it would, from time to time, review alternative approaches to estimating these factors, including use of the National Energy Modeling System
(NEMS)developed by DOE's Energy Information Administration (EIA). (76 FR 51287) As indicated in the FFC policy statement notice, NEMS would continue to be utilized by DOE to estimate primary (or site) energy consumption for national impact analyses and environmental assessments, while GREET would be used to develop the energy and emission multipliers necessary to convert the NEMS-based primary energy and emission impacts into FFC values. Because of concerns about the potential effects of certain inconsistencies in the underlying assumptions and forecasts used by GREET and NEMS, subsequent to publication of the policy statement, DOE initiated a further review to determine whether NEMS (rather than GREET) might be used to develop the necessary FFC multipliers. During this review process, DOE examined a new methodology to develop FFC multipliers using the data and projections generated by NEMS and published in EIA's Annual Energy Outlook (AEO). While the AEO does not provide direct calculations of FFC metrics, it does provide extensive information about the energy system, including projections of future oil, natural gas and coal supply, energy use for oil and gas field and refinery operations, and fuel consumption and emissions related to electric power production. This information is used to define a set of parameters representing the amount of energy used in the fuel production chain. For example, the petroleum fuel production chain consists of extraction, separation, refining and distribution of final products to the end user. Each of these process steps consumes energy in the form of diesel or fuel oil, natural gas, or grid electricity. The data are used to estimate an intensity parameter for each fuel type, which is equal to the total amount of that fuel needed to produce one unit of the final product. The FFC energy and emissions factors are defined as a function of these parameters, using a formula that is described in detail in: *“A Mathematical Analysis of Full Fuel Cycle Energy Use”;* *[http://www.sciencedirect.com/science/article/pii/S0360544211006803]* 1 Energy, Volume 37, Issue 1, January 2012, Pages 698-708; 1 Coughlin, Katie (2012). A Mathematical Analysis of Full Fuel Cycle Energy Use. Energy, Volume 37, Issue 1, January 2012, Pages 698-708. By using the FFC multipliers derived from NEMS, DOE would be able to ensure that the assumptions and inputs used in FFC analyses are consistent with the assumptions and inputs used to estimate primary energy savings and emissions impacts. In addition, this approach would make it easier for DOE to update the multipliers with each new edition of the AEO. The GREET model, in contrast, uses a representation of the energy production system to develop its own internal projections, which inevitably will differ some from those in the AEO. Based on this assessment, DOE is proposing to use this NEMS-based approach to estimating the FFC energy and emission impacts of alternative energy conservation standards levels in energy conservation standards rulemakings that reach the notice of proposed rulemaking
(NOPR)stage after August 17, 2012. Rulemakings that do not reach the NOPR stage before August 17, 2012 will continue to use the estimates of primary energy and emission impacts described in the notices of proposed rulemaking. DOE has not used the GREET model to estimate FFC energy and emission impacts in any past or current rulemakings but has started to use the NEMS-based approach to estimating these impacts in several energy conservation standards preliminary analyses. II. Public Participation DOE invites all interested parties to submit comments on this issue in writing at any time. In addition, interested parties will have an opportunity to review and comment on the specific methodologies employed by DOE to calculate FFC energy and emission impacts in NOPRs. See the ADDRESSES section of this notice for more information on how to submit a comment. III. Procedural Issues and Regulatory Review A. Review Under the National Environmental Policy Act 1969 DOE has determined that this policy amendment falls into a class of actions that are categorically excluded from review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and DOE's implementing regulations at 10 CFR part 1021. Specifically, this policy amendment describes methods for data analysis and how DOE plans to incorporate such data analysis into future energy conservation standards. For this reason, and because the policy amendment does not establish an energy conservation standard or take any action that might have an impact on the environment, it is covered by the Categorical Exclusion A9 under 10 CFR part 1021, subpart D. Accordingly, neither an environmental assessment nor an environmental impact statement is required. B. Review Under the Information Quality Bulletin for Peer Review In consultation with the Office of Science and Technology Policy (OSTP), OMB issued on December 16, 2004, its “Final Information Quality Bulletin for Peer Review” (the Bulletin). 70 FR 2664 (Jan. 14, 2005). The Bulletin establishes that certain scientific information shall be peer reviewed by qualified specialists before it is disseminated by the Federal government, including influential scientific information related to agency regulatory actions. The purpose of the Bulletin is to enhance the quality and credibility of the government's scientific information. Under the Bulletin, NEMS is “influential scientific information,” which the Bulletin defines as “scientific information that the agency reasonably can determine will have or does have a clear and substantial impact on important public policies or private sector decisions.” 70 FR 2664, 2667 (Jan. 14, 2005). The NEMS model, which is in the public domain, has been reviewed through its development and applications over the past 18 years. IV. Approval of the Office of the Assistant Secretary The Assistant Secretary of DOE's Office of Energy Efficiency and Renewable Energy has approved publication of this final policy. Issued in Washington, DC, on August 9, 2012. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. [FR Doc. 2012-20122 Filed 8-16-12; 8:45 am]
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