Unknown. Final rule

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A 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-2012-12-26.xml --- 77 247 Wednesday, December 26, 2012 Contents Editorial Note: Federal Energy Regulatory Commission notice document 2012-30397, originally scheduled to appear in the issue of Tuesday, December 18, 2012, was placed on public inspection on Monday, December 17, 2012. However, it was omitted from publication in the Federal Register. This document will publish in its entirety on December 26, 2012. Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 76043-76044 2012-30631 Agriculture Agriculture Department See Rural Utilities Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 75968-75969 2012-30972 2012-30973 2012-30974 Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: American Community Survey 2014 Content Change, 75971-75972 2012-31002 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 76044-76046 2012-30929 2012-31010 Meetings: Advisory Committee to the Director; Health Disparities Subcommittee, 76046 2012-31008 Coast Guard Coast Guard RULES Regulated Navigation Areas: Upper Mississippi River MM 0.0 to MM 185.0; Cairo, IL to St. Louis, MO, 75850-75853 2012-30983 Safety Zones: Bone Island Triathlon; Atlantic Ocean; Key West, FL, 75853-75855 2012-30913 PROPOSED RULES Drawbridge Operations: New Haven Harbor; Quinnipiac and Mill Rivers, CT, 75917-75918 2012-30985 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 75970-75971 2012-30976 2012-30977 Consumer Product Consumer Product Safety Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Flammability Standards for Children's Sleepwear, 76004-76005 2012-30993 Requirements for Electrically Operated Toys and Children's Articles, 76005 2012-30990 Safety Standard for Automatic Residential Garage Door Operators, 76003 2012-30991 Safety Standard for Omnidirectional Citizens Band Base Station Antennas, 76003-76004 2012-30989 Safety Standard for Walk-Behind Power Lawn Mowers, 76005-76006 2012-30992 Complaints:

Star Networks USA, LLC, 76006-76011 2012-30828 Defense Department Defense Department NOTICES Meetings: Defense Legal Policy Board, 76011-76012 2012-31006 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Study of Implementation and Outcomes in Upward Bound and Other TRIO Programs, 76012 2012-30735 Privacy Act; Systems of Records, 76012-76013 2012-31108 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Applications to Export Previously Imported Liquefied Natural Gas:

Sempra LNG Marketing, LLC, 76013-76015 2012-31005 Environmental Protection Environmental Protection Agency RULES Approval and Promulgation of Implementation Plans: South Carolina; Redesignation of the Charlotte-Gastonia-Rock Hill, Nonattainment Area, 75862-75865 2012-30956 Approvals and Promulgations of Implementation Plans: Kentucky; Redesignation of Kentucky Portion of Huntington-Ashland, WV-KY-OH Nonattainment Area to Attainment, 75865-75868 2012-30954 Pesticide Tolerances for Emergency Exemptions:

Spirotetramat, 75855-75859 2012-30854 Pesticide Tolerances: Pyraflufen-ethyl; Time-Limited Extension, 75859-75862 2012-31067 Regulation of Fuels and Fuel Additives: Modifications to the Transmix Provisions Under the Diesel Sulfur Program, 75868-75880 2012-30960 PROPOSED RULES Approvals and Promulgations of Air Quality Implementation Plans: West Virginia; 2002 Base Year Emissions Inventory for West Virginia Portion of Steubenville-Weirton, OH-WV Nonattainment Area, 75933-75935 2012-31081 Approvals and Promulgations of Implementation Plans:

Regional Haze State Implementation Plan; WA, etc., 76174-76209 2012-30090 NOTICES Access to Confidential Business Information: Science Applications International Corp. and Impact Innovations Systems, Inc., 76028-76029 2012-31094 Certain New Chemicals; Receipt and Status Information, 76029-76034 2012-31063 National Water Program 2012 Strategy: Response to Climate Change, 76034 2012-31089 Public Water System Supervision Program Approvals: State of Ohio, 76034-76035 2012-30953 Quality Standard for Environmental Data Collection, Production, and Use by Non-EPA Organizations, etc.;

Availability, 76035-76036 2012-31096 Executive Office of the President See Presidential Documents See Trade Representative, Office of United States Export Import Export-Import Bank NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76036 2012-31038 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Airplanes, 75825-75827, 75833-75836 2012-29992 2012-30370 Rolls-Royce plc Turbofan Engines, 75831-75833 2012-30650 The Boeing Company Airplanes, 75827-75831 2012-30305 Amendments of Time of Designations:

Restricted Area R-6501B; Underhill, VT, 75837-75838 2012-30806 Establishments of Class E Airspace: Walsenburg, CO, 75836-75837 2012-30792 PROPOSED RULES Airworthiness Directives: Bombardier, Inc. Airplanes, 75906-75908 2012-30925 Embraer S.A. Airplanes, 75911-75915 2012-30916 Gulfstream Aerospace Corporation, 75908-75911 2012-31036 Federal Communications Federal Communications Commission RULES Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities:

E911 Requirements for IP-Enabled Service Providers, 75894-75896 2012-31098 PROPOSED RULES Radio Broadcasting Services: Dove Creek, CO, 75946 2012-30971 Federal Deposit Federal Deposit Insurance Corporation NOTICES Charter Renewals: Advisory Committee on Economic Inclusion, 76036 2012-31003 Determinations of Insufficient Assets to Satisfy Claims Against Financial Institutions in Receiverships: Second Correction, 76037 2012-30837 Updated Listing of Financial Institutions in Liquidation, 76037 2012-30939 Federal Emergency Federal Emergency Management Agency RULES Suspensions of Community Eligibility, 75891-75894 2012-31106 NOTICES Major Disaster Declarations:

Maryland; Amendment No. 2, 76060 2012-30882 Major Disasters and Related Determinations: Alaska, 76062 2012-30867 New Hampshire, 76061 2012-30881 Virginia, 76060-76061 2012-30877 West Virginia, 76061-76062 2012-30872 Federal Energy Federal Energy Regulatory Commission RULES Regional Reliability Standards: PRC-006-SERC-01 - Automatic Underfrequency Load Shedding Requirements, 75838-75844 2012-31034 NOTICES Activities under Blanket Certificates: Dominion Transmission, Inc., 76015 2012-30911 Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 76015-76017 2012-30995 2012-30998 Applications: City of Avenal, CA, 76017-76018 2012-30910 Free Flow Power Corp., 76018-76019 C1--2012--30397 Combined Filings, 76019-76024 2012-30917 2012-30918 2012-30919 2012-30920 2012-30921 2012-30987 2012-30988 Environmental Assessments; Availability, etc.: Carbon Zero, LLC, 76026 2012-30912 Perryville Gas Storage LLC Crowville Salt Dome Storage Project, 76024-76026 2012-30997 Preliminary Permit Applications:

Tlingit-Haida Regional Electric Authority, 76026-76027 2012-30994 Termination of Exemptions: PowerWheel Associates, 76027-76028 2012-30996 Federal Housing Finance Agency Federal Housing Finance Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76037-76039 2012-31009 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers; Exemption Applications; Vision, 76166-76168 2012-31000 2012-31001 Federal Railroad Federal Railroad Administration RULES Alcohol and Drug Testing:

Determination of Minimum Random Testing Rates for 2013, 75896 2012-30999 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of Bank or Bank Holding Company, 76039 2012-30826 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 76039-76040 2012-30825 2012-30941 Formations of, Acquisitions by, and Mergers of Savings and Loan Holding Companies, 76040 2012-30827 2012-30940 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants:

Reclassification of the Continental U.S. Breeding Population of the Wood Stork from Endangered to Threatened, 75947-75966 2012-30731 NOTICES Endangered and Threatened Wildlife and Plants: Draft Recovery Plan for Gulf Coast Jaguarundi, 76066-76067 2012-30914 Draft Revised Recovery Plan for Kendall Warm Springs Dace, 76065-76066 2012-31011 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Experimental Study;

Examination of Corrective Direct-to-Consumer Television Advertising, 76046-76049 2012-31028 Draft Guidances for Industry; Availability, etc.: Electronic Source Data in Clinical Investigations; Correction, 76049-76050 2012-31027 Environmental Assessments; Availability, etc.: Genetically Engineered Atlantic Salmon, 76050 2012-31118 Public Workshops: Minimal Residual Disease, 76050-76052 2012-31043 2012-31044 Foreign Assets Foreign Assets Control Office RULES Iranian Transactions and Sanctions Regulations, 75845-75850 2012-30680 Foreign Trade Foreign-Trade Zones Board NOTICES Extensions of Comment Periods on New Evidence:

Foreign Trade Zone 148, Toho Tenax America, Inc., Subzone 148C (Carbon Fiber Manufacturing Authority), Knoxville, TN , 75972 2012-30943 Proposed Production Activities: Foreign-Trade Zone 26, Atlanta, GA; Suzuki Mfg. of America Corp. (All-Terrain Vehicles), Rome, Jonesboro and Cartersville, GA, 75972-75973 2012-31082 General Services General Services Administration NOTICES Establishments of Federal Advisory Committees and Nominations for Membership: Government-wide Travel Advisory Committee, 76040-76041 2012-30928 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration RULES Control of Communicable Diseases:

Foreign; Scope and Definitions, 75885-75891 2012-30723 Interstate; Scope and Definitions, 75880-75884 2012-30729 PROPOSED RULES Control of Communicable Diseases: Foreign; Scope and Definitions, 75939-75946 2012-30725 Interstate; Scope and Definitions, 75936-75939 2012-30726 NOTICES Findings of Research Misconduct, 76041-76042 2012-30866 Meetings: Presidential Commission for the Study of Bioethical Issues, 76042-76043 2012-31037 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 76052-76053 2012-30835 Healthcare Research and Quality Agency See Agency for Healthcare Research and Quality Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection RULES Closing of the Port of Whitetail, MT, 75823-75825 2012-31105 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Changes to Admission and Occupancy Requirements for the Public Housing and Section 8 Assistance Programs, 76064-76065 2012-31054 Information Information Security Oversight Office NOTICES Meetings: State, Local, Tribal, and Private Sector Policy Advisory Committee, 76076-76077 2012-31051 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau Internal Revenue Internal Revenue Service RULES Use of Controlled Corporations to Avoid the Application of Section 304, 75844-75845 2012-30967 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews;

Results, Extensions, Amendments, etc.: Ball Bearings and Parts Thereof from France, Germany, and Italy, 75973 C1--2012--29770 Countervailing Duty Determinations and Critical Circumstances Determinations: Certain Steel Wire Garment Hangers from Socialist Republic of Vietnam, 75973-75975 2012-30948 Countervailing Duty Determinations; Results, Extensions, Amendments, etc.: Large Residential Washers from Republic of Korea, 75975-75978 2012-31078 Utility Scale Wind Towers from People's Republic of China, 75978-75980 2012-30947 Final Determinations of Sales at Less Than Fair Value and Final Affirmative Determinations of Critical Circumstances:

Steel Wire Garment Hangers from Socialist Republic of Vietnam, 75980-75984 2012-30951 Final Determinations of Sales at Less Than Fair Value: Large Residential Washers from Republic of Korea, 75988-75992 2012-31104 Utility Scale Wind Towers from People's Republic of China, 75992-75997 2012-30950 Utility Scale Wind Towers from Socialist Republic of Vietnam, 75984-75988 2012-30944 Requests for Nominations: Environmental Technologies Trade Advisory Committee, 75997-75998 2012-30969 Sunset Reviews;

Results, Extensions, Amendments, etc.: Lemon Juice from Mexico; Suspended Antidumping Duty Investigation, 75998-75999 2012-31101 International Trade Com International Trade Commission NOTICES Economic Effects of Significant U.S. Import Restraints; Eighth Update: Services' Contribution to Manufacturing, 76071-76072 2012-31031 Judicial Conference Judicial Conference of the United States NOTICES Meetings: Advisory Committee on Rules of Appellate Procedure; Cancellation, 76072 2012-31042 Advisory Committee on Rules of Bankruptcy Procedure;

Cancellation, 76072 2012-31040 Justice Department Justice Department NOTICES Remedial Design/Remedial Action Consent Decree under CERCLA, 76072-76073 2012-30970 Labor Department Labor Department See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Notice of Pre-Existing Condition Exclusion under Group Health Plans, 76073-76074 2012-30964 Special Enrollment Rights under Group Health Plans, 76073 2012-30878 Meetings:

Advisory Committee on Veterans' Employment, Training and Employer Outreach, 76074-76075 2012-30879 Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Proposed McCoy Solar Energy Project, CA; Proposed Land Use Plan Amendment, 76067-76069 2012-30855 Filings of Plats of Surveys: Arizona, 76069 2012-30927 Proposed Reinstatement of Terminated Oil and Gas Leases: Utah; Class II, 76069-76070 2012-31080 Proposed Reinstatements of Terminated Oil and Gas Leases:

LAES 056461, LA, 76070-76071 2012-30860 NMNM 126063, NM, 76070 2012-30856 OKNM 110359, OK, 76070 2012-30857 Maritime Maritime Administration NOTICES Requested Administrative Waivers of Coastwise Trade Laws: Vessel AQUADISIAC, 76169 2012-30931 National Archives National Archives and Records Administration See Information Security Oversight Office National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Pediatric Palliative Care Campaign Pilot Survey, 76053-76054 2012-30930 Meetings: Center for Scientific Review, 76055-76056 2012-30904 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 76057-76058 2012-30905 National Cancer Institute, 76057 2012-30897 National Heart, Lung, and Blood Institute, 76056-76058 2012-30906 2012-30908 National Institute of Allergy and Infectious Diseases, 76057-76059 2012-30901 2012-30902 National Institute of Diabetes and Digestive and Kidney Diseases, 76056 2012-30903 National Institute of General Medical Sciences, 76059 2012-30899 National Institute of Neurological Disorders and Stroke, 76054 2012-30907 National Institute of Nursing Research, 76054 2012-30896 National Institute on Aging, 76054-76055 2012-30898 Scientific Management Review Board, 76055 2012-30900 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species: 2013 Atlantic Shark Commercial Fishing Season, 75896-75905 2012-30961 PROPOSED RULES Control Date for Qualifying Landings History in the Central Gulf of Alaska Trawl Groundfish Fisheries, 75966-75967 2012-30962 NOTICES 2013 Annual Determinations:

Sea Turtle Observer Requirement, 75999-76000 2012-30966 Draft Reports; Availability, etc.: NOAA Research and Development Portfolio Review Task Force, 76000-76001 2012-30884 Endangered and Threatened Species: Take of Anadromous Fish, 76001 2012-30836 Membership Solicitations: Hydrographic Services Review Panel, 76001-76002 2012-30926 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76077-76078 2012-31045 Neighborhood Neighborhood Reinvestment Corporation NOTICES Meetings;

Sunshine Act, 76078 2012-31163 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Facility Operating and Combined Licenses: Applications and Amendments Involving No Significant Hazards Considerations, 76078-76089 2012-30777 Meetings: Advisory Committee on Reactor Safeguards Subcommittee on Advanced Boiling Water Reactor, 76089-76090 2012-31041 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Meetings: Whistleblower Protection Advisory Committee, 76075-76076 2012-30958 Office of United States Trade Representative See Trade Representative, Office of United States Pension Benefit Pension Benefit Guaranty Corporation NOTICES Pendency of Request for Approval of Special Withdrawal Liability Rules:

The I.A.M. National Pension Fund National Pension Plan, 76090-76091 2012-30934 Postal Regulatory Postal Regulatory Commission NOTICES International Mail Contracts, 76091-76092 2012-30942 New Postal Products, 76092-76096 2012-30858 2012-30859 2012-30874 2012-30875 Postal Service Postal Service NOTICES Meetings; Sunshine Act, 76096 2012-31090 Product Changes: First-Class Package Service Negotiated Service Agreement, 76096-76097 2012-30869 2012-30880 2012-30883 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS National Defense Authorization Act for Fiscal Year 2012 (Presidential Determination):

No. 2013-3 of December 7, 2012, 76211-76213 2012-31133 Recovery Recovery Accountability and Transparency Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76097 2012-30952 Rural Utilities Rural Utilities Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 75970 2012-30672 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76097-76099 2012-30892 2012-31022 Applications:

Yorkville ETF Trust and Yorkville ETF Advisors, LLC, 76099-76106 2012-30893 Meetings; Sunshine Act, 76106 2012-31030 Orders Granting Limited Exemptions from Exchange Act Rules: ALPS ETF Trust; ALPS/GS Momentum Builder Growth Markets Equities and U.S. Treasuries Index ETF, et al., 76106-76108 2012-30889 Orders Suspending Trading: IAS Energy, Inc., et al., 76109 2012-31023 Self-Regulatory Organizations; Proposed Rule Changes: BOX Options Exchange LLC, 76132-76135 2012-31017 C2 Options Exchange, Incorporated, 76131-76132 2012-31018 Chicago Board Options Exchange, Inc., 76119-76120, 76135-76139 2012-30887 2012-31019 Chicago Stock Exchange, Inc., 76141-76145 2012-30886 Financial Industry Regulatory Authority, Inc., 76112-76116, 76129-76131 2012-30980 2012-31012 2012-31015 ICE Clear Credit LLC, 76109-76112, 76156-76158 2012-31020 2012-31021 Municipal Securities Rulemaking Board, 76146-76148 2012-31013 NASDAQ OMX PHLX LLC, 76128-76129 2012-30981 New York Stock Exchange LLC, 76116-76119 2012-30979 NYSE Arca, Inc., 76121-76127, 76139-76141, 76148-76156 2012-30888 2012-30891 2012-31014 2012-31016 NYSE MKT LLC, 76145-76146, 76158-76160 2012-30890 2012-30978 Trading Suspension Orders:

New Generation Biofuels Holdings, Inc., 76160 2012-31151 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76160-76163 2012-30949 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Consular Report of Birth Abroad of a Citizen of the United States of America, 76163-76164 2012-31110 Meetings: Shipping Coordinating Committee, 76164-76165 2012-30959 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 76059-76060 2012-31007 Surface Transportation Surface Transportation Board NOTICES Quarterly Rail Cost Adjustment Factor, 76169 2012-31024 Susquehanna Susquehanna River Basin Commission PROPOSED RULES Review and Approval of Projects, 75915-75916 2012-30764 Trade Representative Trade Representative, Office of United States NOTICES WTO Dispute Settlement Proceedings: Argentina, Measures Affecting Importation of Goods, 76165-76166 2012-30965 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Maritime Administration See Surface Transportation Board Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service U.S.

Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: E-Verify Program Data Collections, 76062-76063 2012-31079 Customs U.S. Customs and Border Protection RULES Closing of the Port of Whitetail, MT, 75823-75825 2012-31105 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Declaration for Free Entry of Unaccompanied Articles, 76063-76064 2012-31071 Reopenings of Application Periods:

Air Cargo Advance Screening Pilot Program, 76064 2012-30922 Veteran Affairs Veterans Affairs Department PROPOSED RULES VA Health Professional Scholarship and Visual Impairment and Orientation and Mobility Professional Scholarship Programs, 75918-75933 2012-30811 NOTICES Increase in Maximum Tuition and Fee Amounts Payable under Post-9/11 GI Bill, 76169-76170 2012-30945 Meetings: National Academic Affiliations Council, 76170 2012-30864 Presumption of Exposure to Herbicides for Blue Water Navy Vietnam Veterans not Supported, 76170-76171 2012-30909 Separate Parts In This Issue Part II Environmental Protection Agency, 76174-76209 2012-30090 Part III Presidential Documents, 76211-76213 2012-31133 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. 77 247 Wednesday, December 26, 2012 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY 8 CFR Part 100 U.S. Customs and Border Protection 19 CFR Part 101 [Docket No. USCBP-2011-0017: CBP Dec. 12-22] RIN 1651-AA93 Closing of the Port of Whitetail, MT AGENCY:

U.S. Customs and Border Protection, DHS. ACTION: Final rule. SUMMARY: This document amends the Department of Homeland Security

(DHS)regulations pertaining to the field organization of U.S. Customs and Border Protection

(CBP)to reflect the closure of the port of entry of Whitetail, Montana. The change is part of CBP's continuing program to more efficiently utilize its personnel, facilities, and resources, and to provide better service to carriers, importers, and the general public. DATES: *Effective Date:* January 25, 2013. FOR FURTHER INFORMATION CONTACT: Mr. Roger Kaplan, Office of Field Operations, U.S. Customs and Border Protection,

(202)325-4543, or by email at *Roger.Kaplan@dhs.gov.* SUPPLEMENTARY INFORMATION: I. Background On August 24, 2011, CBP published a Notice of Proposed Rulemaking

(NPRM)in the **Federal Register** (76 FR 52890), proposing to close the port of entry of Whitetail, Montana, and amend the lists of CBP ports of entry to reflect the change. The primary reason for the proposed closure was the Canada Border Services Agency's

(CBSA)closure of its adjacent port of entry of Big Beaver, Saskatchewan, Canada, on April 1, 2011. As set forth in the NPRM, other factors were the limited usage of the port; the locations of the alternative ports of entry of Raymond, Montana, and Scobey, Montana; and the analysis of the net benefit of the port closure, including the cost of necessary renovations were the port to remain open. II. Analysis of Comments A. Comments Received CBP received four public comments in response to the NPRM. One commenter supports the closure of Whitetail and three commenters are opposed. The commenter who supports the proposed closure of the port of Whitetail believes that the costs of operating the port and maintaining the surrounding area are too high considering the low usage. This commenter points out that, using the figures provided in the NPRM for 2007 to 2009, with the annual crossing average of 1,261 cars and 57 trucks and the port's total annual operating cost of $492,000, it currently costs the taxpayers of the United States in excess of $373 for each vehicle to cross at Whitetail. This commenter thinks that these costs are not warranted considering the limited increase in time and mileage that crossers would incur if the port of Whitetail were closed. Additionally, this commenter claims the closure of the port would have no effect on cross border commerce because there are currently no commercial carriers processed at the port. This commenter also asserts that basing any increase in travel time resulting from the proposed closure on the distance from the port of Whitetail to the alternate ports of Raymond and Scobey was not realistic, as the actual increase in mileage would be much less considering the more likely points of origin and destination. The other three commenters opposed the proposed closure, citing the disruptions the closure would cause them. Two commenters said that the increased travel time would cause them to discontinue their frequent trips from Canada to the United States to buy goods and visit shops and restaurants. Another commenter stated that the closure would increase the cost to the commenter to move hay bales between the commenter's farms in Canada and Montana. This commenter also surmised that the closure could be detrimental to other Canadian and Montanan agricultural producers. B. CBP Response With regard to the comment about increased travel time, CBP acknowledged in the NPRM that using the distance between the ports may overstate the cost of the closure to travelers. However, CBP does not collect data on these travelers' points of origin and destination. Thus, CBP based the analysis on the assumption that the closure would create a detour adding 1 hour and 40 miles to each crosser's trip. The actual additional time and mileage U.S. travelers may incur to drive to an alternate port may be less. With regard to the comments about usage and cost, as discussed in the NPRM, the port of Whitetail is one of CBP's least trafficked ports and has processed an average of less than 4 vehicles per day for the last 4 years. From 2007 to 2009, Whitetail averaged only 1,318 cars and trucks a year. More recently, in fiscal year 2011, southbound traffic dropped to less than 960 vehicles, with almost all of the decrease in southbound traffic occurring after CBSA closed the port of Big Beaver to northbound traffic in April 2011. The commercial traffic is even lower. In fiscal year 2011 CBP processed only 24 commercial vehicles at the port of Whitetail. This was a significant decrease from the already low annual average of about 60 commercial vehicles between 2007 and 2009. Notwithstanding this very low usage, as explained in the NPRM, CBP would incur substantial costs in order to keep the port open. In addition to the nearly $500,000 annual operational budget, CBP would need to construct a replacement facility, an estimated $8 million cost, because the current facility does not have the infrastructure to meet modern operational, safety, and technological demands for ports of entry. Although CBP regrets the disruptions to personal and business routines that some individuals will experience due to the closure of Whitetail, CBP cannot justify the above-referenced costs for so few vehicles. III. Conclusion After consideration of the comments received, the low usage of the port, the locations of the alternative ports of entry, and the analysis of the net benefit of the port closure, including the cost of necessary renovations were the port to remain open, CBP is closing the port of entry of Whitetail, Montana. The lists of CBP ports of entry at 8 CFR 100.4(a) and 19 CFR 101.3(b)(1) are being amended to reflect the change. CBP is working with the Montana Department of Transportation and CBSA to identify the permanent barrier and signage necessary to prevent entry and reroute traffic to nearby ports of entry. CBP expects that any impact on the environment and any costs incurred for this purpose will be minimal. If necessary, CBP will conduct appropriate environmental studies in the course of decommissioning and prior to facility demolition. IV. Congressional Notification On September 28, 2010, the Commissioner of CBP notified Congress of CBP's intention to close the port of entry at Whitetail, Montana, fulfilling the congressional notification requirements of 19 U.S.C. 2075(g)(2) and section 417 of the Homeland Security Act (6 U.S.C. 217). V. Regulatory Requirements A. Signing Authority The signing authority for this document falls under 19 CFR 0.2(a). Accordingly, this final rule is signed by the Secretary of Homeland Security. B. Executive Orders 12866 and 13563 This rule is not a significant regulatory action under Executive Order 12866, as supplemented by Executive Order 13563, and has not been reviewed by the Office of Management and Budget under that order. Nevertheless, CBP provided its assessment of the benefits and costs of this regulatory action in the NPRM and CBP adopts the NPRM's economic analysis for this final rule without any change. In summary, if the port of entry of Whitetail, Montana remained open, it would need significant renovation to meet current safety and security standards, which CBP estimates would cost approximately $8 million. Whitetail also costs CBP approximately $500,000 in yearly operating expenses to pay for staff and utilities. If Whitetail closed, travelers would need to find an alternative crossing. As alternative crossings would require travelers to travel additional miles, CBP estimates travelers would incur an additional $104,000 annually in additional driving time and mileage costs if the Whitetail crossing was not available. In addition, if Whitetail was closed, CBP would incur a onetime cost of $158,000 in closure expenses. Thus, the net benefit of the Whitetail closure is about $8.2 million the first year and $396,000 each year after that. C. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) requires federal agencies to examine the impact a rule would have on small entities. A small entity may be a small business (defined as any independently owned and operated business not dominant in its field that qualifies as a small business per the Small Business Act); a small not-for-profit organization; or a small governmental jurisdiction (locality with fewer than 50,000 people). Because CBP does not collect data on the number of small businesses that use the port of Whitetail, we cannot estimate how many would be affected by this rule. However, an average of less than four vehicles crossed into the United States at Whitetail each day even before closure of the Canadian port of Big Beaver further reduced traffic. Commercial traffic is even lower—an average of fewer than 60 commercial vehicles crossed at Whitetail each year from 2007 to 2009, with only 24 commercial vehicles crossing in fiscal year 2011. The assessment of the benefits and costs of this regulatory action included in the NPRM concluded that the total cost of the rule to the public is about $104,000 a year, even assuming the longest possible detour for all traffic. DHS does not believe that this cost rises to the level of a significant economic impact. DHS thus believes that this rule will not have a significant economic impact on a substantial number of small entities. DHS did not receive any comments contradicting this finding. Accordingly, DHS certifies that this rule will not have a significant economic impact on a substantial number of small entities. D. Unfunded Mandates Reform Act of 1995 This rule will not result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions are necessary under the provisions of the Unfunded Mandates Reform Act of 1995. E. Executive Order 13132 The rule will 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. Therefore, in accordance with section 6 of Executive Order 13132, this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. List of Subjects 8 CFR Part 100 Organization and functions (Government agencies). 19 CFR Part 101 Customs duties and inspection, Customs ports of entry, Exports, Imports, Organization and functions (Government agencies). Amendments to DHS Regulations For the reasons set forth above, DHS amends part 100 of title 8 of the Code of Federal Regulations and part 101 of title 19 of the Code of Federal Regulations as set forth below. 8 CFR CHAPTER 1—AMENDMENTS PART 100—STATEMENT OF ORGANIZATION 1. The authority citation for part 100 continues to read as follows: Authority: 8 U.S.C. 1103; 8 CFR part 2. § 100.4 [Amended] 2. The list of ports in § 100.4(a) is amended by removing “Whitetail, MT” from the list of Class A ports of entry under District No. 30—Helena, Montana. 19 CFR CHAPTER 1—AMENDMENTS PART 101—GENERAL PROVISIONS 3. The general authority citation for part 101 and the specific authority citation for section 101.3 continue to read as follows: Authority: 5 U.S.C. 301; 19 U.S.C. 2, 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States), 1623, 1624, 1646a. Sections 101.3 and 101.4 also issued under 19 U.S.C. 1 and 58b; § 101.3 [Amended] 4. The list of ports in § 101.3(b)(1) is amended by removing, under the state of Montana, the entry “Whitetail” from the “Ports of entry” column and removing the corresponding entry “E.O. 7632, June 15, 1937 (2 FR 1245).” from the “Limits of port” column. Dated: December 20, 2012. Janet Napolitano, Secretary of Homeland Security. [FR Doc. 2012-31105 Filed 12-21-12; 4:15 pm]

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