Federal Register / Vol. 78, No. 67 / Monday, April 8, 2013 / Notices 21003 

must do so in English and must identify 

on the first page of the submission 

‘‘USTR Report on Operation of the 

Andean Trade Preference Act.’’ In order 

to be assured of consideration, 

comments should be submitted by close 

of business, May 8, 2013. 

In order to ensure the timely receipt 

and consideration of comments, USTR 

strongly encourages commenters to 

make on-line submissions, using the 

http://www.regulations.gov Web site. 

Comments should be submitted under 

the following docket: USTR–2013–0018. 

To find the docket, enter the docket 

number in the ‘‘Enter Keyword or ID’’ 

window at the http:// 

www.regulations.gov home page and 

click ‘‘Search.’’ The site will provide a 

search-results page listing all documents 

associated with this docket. Find a 

reference to this notice and click on the 

link entitled ‘‘Comment Now!’’ (For 

further information on using the 

www.regulations.gov Web site, please 

consult the resources provided on the 

Web site by clicking on the ‘‘Help’’ tab.) 

The http://www.regulations.gov Web 

site provides the option of making 

submissions by filling in a comments 

field, or by attaching a document. USTR 

prefers submissions to be provided in an 

attached document. If a document is 

attached, it is sufficient to type ‘‘See 

attached’’ in the ‘‘Type Comment’’ and 

attach a file in the ‘‘Upload File(s)’’ 

field. USTR also prefers submissions in 

Microsoft Word (.doc) or Adobe Acrobat 

(.pdf). If the submission is in an 

application other than those two, please 

indicate the name of the application in 

the ‘‘Comments’’ field. 

A person seeking to request that 

information contained in a submission 

from that person be treated as business 

confidential information must certify 

that such information is business 

confidential and would not customarily 

be released to the public by the 

submitter. For any comments submitted 

electronically containing business 

confidential information, the file name 

of the business confidential version 

should begin with the characters ‘‘BC’’. 

Confidential business information must 

be clearly designated as such. The 

submission must be marked ‘‘BUSINESS 

CONFIDENTIAL’’ at the top and bottom 

of the cover page and each succeeding 

page, and the submission should 

indicate, via brackets, the specific 

information that is confidential. 

Additionally, ‘‘BUSINESS 

CONFIDENTIAL’’ must be included in 

the ‘‘Type Comment’’ field. Filers of 

submissions containing business 

confidential information must also 

submit a public version of their 

comments indicating where confidential 

information has been redacted. The nonconfidential summary will be placed in 

the docket and open to public 

inspection. The file name of the public 

version should begin with the character 

‘‘P’’. The ‘‘BC’’ and ‘‘P’’ should be 

followed by the name of the person or 

entity submitting the comments or reply 

comments. Filers submitting comments 

containing no business confidential 

information should name their file using 

the character ‘‘P’’, followed by the name 

of the person or entity submitting the 

comments. 

Please do not attach separate cover 

letters to electronic submissions; rather, 

include any information that might 

appear in a cover letter in the comments 

themselves. Similarly, to the extent 

possible, please include any exhibits, 

annexes, or other attachments in the 

same file as the submission itself, not as 

separate files. 

USTR strongly urges submitters to file 

comments through 

www.regulations.gov, if at all possible. 

Any alternative arrangements must be 

made with Bennett Harman in advance 

of transmitting a comment. Mr. Harman 

should be contacted at (202) 395–9446. 

General information concerning USTR 

is available at http://www.ustr.gov. 

Inspection of Submissions: 

Submissions in response to this notice, 

except for information granted 

‘‘business confidential’’ status, will be 

available for public viewing at http:// 

www.regulations.gov. Such submissions 

may be viewed by entering the docket 

number USTR–2013–0018 in the search 

field at http://www.regulations.gov. 

William Shpiece, 

Acting Chairman, Trade Policy Staff 

Committee. 

[FR Doc. 2013–08035 Filed 4–5–13; 8:45 am] 

BILLING CODE 3290–F3–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Office of Commercial Space 

Transportation; Notice of Availability 

of the Finding of No Significant Impact 

(FONSI) and Record of Decision (ROD) 

for Issuing Launch and Reentry 

Licenses to Space Exploration 

Technologies Corp. (SpaceX) for 

Falcon 9 and Falcon Heavy 

Commercial Launch Operations at 

Vandenberg Air Force Base (VAFB), 

California 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of availability of the 

FONSI and ROD. 

SUMMARY: In accordance with the 

National Environmental Policy Act of 

1969, as amended (NEPA; 42 United 

States Code 4321 et seq.), Council on 

Environmental Quality NEPA 

implementing regulations (40 Code of 

Federal Regulations parts 1500 to 1508), 

and FAA Order 1050.1E, Change 1, 

Environmental Impacts: Policies and 

Procedures, the FAA is announcing the 

availability of a FONSI/ROD, based on 

the analysis and findings of the U.S. Air 

Force’s (USAF’s) March 2011 Final 

Environmental Assessment for Falcon 9 

and Falcon 9 Heavy Launch Vehicle 

Programs from Space Launch Complex 

4 East (the EA). 

FOR FURTHER INFORMATION CONTACT: Mr. 

Daniel Czelusniak, Environmental 

Specialist, Federal Aviation 

Administration, 800 Independence 

Ave., SW., Room 325, Washington, DC 

20591; email 

Daniel.Czelusniak@faa.gov; or phone 

(202) 267–5924. 

SUPPLEMENTARY INFORMATION: The FAA 

participated as a cooperating agency 

with USAF in the preparation of the EA, 

which evaluated the potential 

environmental impacts of operating the 

Falcon 9 and Falcon Heavy launch 

vehicle programs from Space Launch 

Complex-4 East (SLC–4E) at VAFB. As 

the Proposed Action would require 

Federal actions (as defined in 40 CFR 

§ 1508.18) involving USAF and the 

FAA, the EA was prepared to satisfy the 

NEPA obligations of both agencies. 

USAF was the lead agency, and the FAA 

served as a cooperating agency because 

of its role in issuing licenses or permits 

to operate commercial launch and 

reentry vehicles. USAF issued a FONSI 

on July 11, 2011, which stated that the 

potential environmental impacts 

associated with the Proposed Action 

would not individually or cumulatively 

have a significant impact on the quality 

of the human environment, and 

therefore the preparation of an 

Environmental Impact Statement (EIS) 

was not required. The FAA has formally 

adopted the EA and is using the FONSI/ 

ROD to support the issuance of launch 

and reentry licenses to SpaceX for 

Falcon 9 and Falcon Heavy commercial 

launch operations at VAFB. 

The Proposed Action analyzed in the 

EA consists of SpaceX operating its 

Falcon 9 and Falcon Heavy launch 

vehicle programs to provide government 

and commercial space operations from 

SLC–4E at VAFB. The Proposed Action 

in the EA also includes modifications 

and new construction at SLC–4E to 

support SpaceX’s launch operations. 

Modification and construction activities 

have been initiated since the EA was 

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21004 Federal Register / Vol. 78, No. 67 / Monday, April 8, 2013 / Notices 

published. SLC–4E was previously used 

for the Titan IV program and has been 

non-operational since 2005. The FAA’s 

Proposed Action is to issue launch and 

reentry licenses to SpaceX for Falcon 9 

and Falcon Heavy commercial launch 

operations at VAFB. Alternatives 

analyzed as part of the FONSI/ROD 

include (1) the Proposed Action and (2) 

No Action Alternative. Under the No 

Action Alternative, the FAA would not 

issue launch or reentry licenses to 

SpaceX for Falcon 9 or Falcon Heavy 

commercial launch operations at VAFB. 

Based on its independent review and 

consideration, the FAA issued a FONSI/ 

ROD concurring with the analysis of 

impacts and findings in the EA and 

formally adopting the EA to support the 

issuance of launch and reentry licenses 

to SpaceX for Falcon 9 and Falcon 

Heavy commercial launch operations at 

VAFB. After reviewing and analyzing 

available data and information on 

existing conditions, potential impacts, 

and measures to mitigate those impacts, 

the FAA has determined that issuing 

launch and reentry licenses to SpaceX 

for Falcon 9 and Falcon Heavy 

commercial launch operations at VAFB 

is a Federal action that would not 

significantly affect the quality of the 

human environment within the meaning 

of NEPA. Therefore, the preparation of 

an EIS is not required, and the FAA has 

issued a FONSI/ROD. The FAA made 

this determination in accordance with 

all applicable environmental laws and 

FAA regulations. 

The FAA has posted the EA and 

FONSI/ROD on the internet at http:// 

www.faa.gov/about/office_org/ 

headquarters_offices/ast/ 

environmental/nepa_docs/review/ 

launch/. 

Issued in Washington, DC on March 26, 

2013. 

Daniel P. Murray, 

Deputy Manager, Space Transportation 

Development Division. 

[FR Doc. 2013–08083 Filed 4–5–13; 8:45 am] 

BILLING CODE 4310–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

[Docket No. FHWA–2013–0013] 

Proposed Memorandum of 

Understanding (MOU) Revision 

Assigning Certain Federal 

Environmental Responsibilities to the 

State of California, Including National 

Environmental Policy Act (NEPA) 

Authority for Categorical Exclusions 

(CEs) 

AGENCY: Federal Highway 

Administration (FHWA), California 

Division, DOT. 

ACTION: Notice of proposed MOU, 

request for comments. 

SUMMARY: This notice announces that 

FHWA and the State of California, 

acting by and through its Department of 

Transportation (State), propose to renew 

and amend an MOU between the parties 

dated June 7, 2010, pursuant to 23 

U.S.C. 326. The MOU would extend the 

duration of the agreement by three 

years, continuing the assignment to the 

State of the FHWA’s authority and 

responsibility for determining whether 

certain designated activities within the 

geographic boundaries of the State, as 

specified in the proposed MOU, are 

categorically excluded from preparation 

of an environmental assessment or an 

environmental impact statement under 

the National Environmental Policy Act 

of 1969, 42 U.S.C. 4321 et seq. (NEPA). 

Aside from editorial changes to the 

MOU, the following minor changes 

would also be incorporated: (1) The 

State would be required to submit a list 

of CE determinations semi-annually as 

opposed to quarterly, including Section 

4(f) decisions; (2) the Federal Register 

notice of availability and comment 

period would be modified from 45 days 

to 30 days, where applicable; (3) 

language would be included clarifying 

that the presence of unusual 

circumstances and significant 

environmental impacts must be 

considered in CE findings; (4) inclusion 

of language to clarify that the State 

coordinate with the Department of 

Justice and FHWA in the event of 

litigation, (5) FHWA program reviews 

would be at no sooner than the 19th 

month and no later than the 31st month 

in order to give the State adequate time 

to implement corrective action plans; (6) 

future changes to 23 CFR 771.117(c) and 

(d), in addition to Appendix A resulting 

from rulemaking would be 

automatically incorporated into the 

MOU; (7) the termination provisions of 

the MOU would be changed to comply 

with the provisions of Moving Ahead 

for Progress in the 21st Century (MAP– 

21). 

DATES: Please submit comments on or 

before May 8, 2013. 

ADDRESSES: You may submit comments, 

identified by DOT Document 

Management System (DMS) Docket 

Number [FHWA–2013–0013], by any of 

the methods described below. Electronic 

or facsimile comments are preferred 

because Federal offices experience 

intermittent mail delays from security 

screening. 

1. Web site: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments 

on the DOT electronic docket site. 

2. Facsimile (Fax): 1–202–493–2251. 

3. Mail: Docket Management Facility; 

U.S. Department of Transportation, 1200 

New Jersey Ave. SE., Washington, DC 

20590. 

4. Hand Delivery: 1200 New Jersey 

Ave. SE., Washington, DC 20590 

between 9 a.m. and 5 p.m. Eastern Time, 

Monday through Friday, except Federal 

holidays. 

For access to the docket to view a 

complete copy of the proposed MOU, or 

to read background documents or 

comments received, go to http:// 

www.regulations.gov at any time or to 

1200 New Jersey Ave. SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m. 

Eastern Time, Monday through Friday, 

except for Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

FHWA: Mr. Shawn Oliver; by email at 

shawn.oliver@dot.gov or by telephone at 

(916) 498–5048. The FHWA California 

Division Office’s normal business hours 

are 8 a.m. to 4:30 p.m. (Pacific Time), 

Monday through Friday, except for 

Federal Holidays. For State: Mr. Dale 

Jones; by email at 

dale_jones@dot.ca.gov; by telephone at 

(916) 653–5157. The California 

Department of Transportation’s normal 

business hours are 8 a.m. to 4:30 p.m. 

(Pacific Time), Monday through Friday, 

except for State and Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

An electronic copy of this notice may 

be downloaded using a computer, 

modem, and suitable communications 

software from the Government Printing 

Office’s Electronic Bulletin Board 

Service at (202) 512–1661. Internet users 

may reach the Office of the Federal 

Register’s home page at http:// 

www.archives.gov and the Government 

Printing Office’s Web site at http:// 

www.access.gpo.gov. An electronic 

version of the proposed MOU may be 

downloaded by accessing the DOT DMS 

docket, as described above, at http:// 

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