1–25–10 Monday Vol. 75 No. 15 Jan. 25, 2010

Pages 3847–3980

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Contents Federal Register Vol. 75, No. 15

Monday, January 25, 2010

Agency for Healthcare Research and Quality Comptroller of the Currency NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3908–3911 Submissions, and Approvals, 3966–3967

Agriculture Department Copyright Office, Library of Congress See Food Safety and Inspection Service RULES See Rural Housing Service Mandatory Deposit of Published Electronic Works Available NOTICES Only Online, 3863–3870 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3890–3892 Defense Department See Air Force Department Air Force Department See Army Department NOTICES See Engineers Corps Meetings: See Navy Department IS–GPS–200E Interface Control Working Group, 3901– NOTICES 3902 Meetings: Federal Advisory Committee; Defense Science Board, Army Department 3898–3899 See Engineers Corps Privacy Act; Systems of Records, 3899–3900 NOTICES Availability for Non-Exclusive, Exclusive, or Partially Employment and Training Administration Exclusive Licensing of U.S. Provisional Patent NOTICES Application: Agency Information Collection Activities; Proposals, Monoclonal Antibodies Against Glycoprotein of Ebola Submissions, and Approvals, 3925–3928 Sudan Boniface Virus, 3900–3901 Determinations Regarding Eligibility To Apply for Worker Meetings: Adjustment Assistance, 3928–3939 Board of Visitors, United States Military Academy, 3901

Centers for Disease Control and Prevention Energy Department NOTICES See Energy Efficiency and Renewable Energy Office Meetings: NOTICES Advisory Board on Radiation and Worker Health, 3911– Public Hearings: 3912 Draft Tank Closure and Waste Management Healthcare Infection Control Practices Advisory Environmental Impact Statement for the Hanford Committee, 3912 Site, Richland, WA, 3902–3903

Centers for Medicare & Medicaid Services Energy Efficiency and Renewable Energy Office NOTICES RULES Agency Information Collection Activities; Proposals, Weatherization Assistance Program for Low-Income Submissions, and Approvals, 3907–3908 Persons, 3847–3856

Civil Rights Commission Engineers Corps NOTICES PROPOSED RULES Meetings: Restricted Areas and Danger Zone at Naval Station Illinois Advisory Committee, 3893 Mayport, FL, 3883–3885

Coast Guard Environmental Protection Agency RULES RULES Drawbridge Operation Regulations: Approval and Promulgation of Implementation Plans: Great Egg Harbor Bay, between Beesleys Point and South Carolina; Approval of Section 110(a)(1) Somers Point, NJ, 3856–3859 Maintenance Plan for the 1997 8-Hour Ozone Safety Zones: Standard for Cherokee County; Correcting Baltimore Captain of Port Zone, 3859–3862 Amendment, 3870–3871 NOTICES Commerce Department Agency Information Collection Activities; Proposals, See Industry and Security Bureau Submissions, and Approvals, 3903–3904 See International Trade Administration See National Oceanic and Atmospheric Administration Executive Office of the President See Patent and Trademark Office See Presidential Documents

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Federal Aviation Administration Fish and Wildlife Service PROPOSED RULES PROPOSED RULES Proposed Amendments of Class E Airspace: Migratory Bird Subsistence Harvest in Alaska: Killeen, TX, 3877–3878 Harvest Regulations for Migratory Birds in Alaska During Lampasas, TX, 3878–3879 the 2010 Season, 3888–3889 Proposed Establishment of Class E Airspace: Kindred, ND, 3880–3881 Food Safety and Inspection Service Luverne, MN, 3879–3880 RULES NOTICES Petitions for Rulemaking; Approval of Information Agency Information Collection Activities; Proposals, Collection, 3847 Submissions, and Approvals, 3954 Deadline for Notification of Intent To Use Airport Government Accountability Office Improvement Program Primary, Cargo, and Nonprimary NOTICES Entitlement Funds (Fiscal Year 2010), 3954–3955 Appointments to the Medicaid and CHIP Payment and Meetings: Access Commission, 3904 RTCA Special Committee 220: Automatic Flight Government Ethics Office Guidance and Control, 3959 Noise Exposure Map: NOTICES Agency Information Collection Activities; Proposals, Kona International Airport at Keahole, Keahole, North Submissions, and Approvals, 3905 Kona, HI, 3959–3960 Record of Decision: Health and Human Services Department Proposed Bay Area Rapid Transit Connector Project, See Agency for Healthcare Research and Quality Oakland International Airport (OAK), 3962 See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services Federal Communications Commission See Indian Health Service RULES See National Institutes of Health Promoting Diversification of Ownership in Broadcast NOTICES Services; Suspension of Filing Date, 3871–3873 Meetings: PROPOSED RULES HIT Policy Committee’s Workgroup, 3906 Amateur Service Rules, 3886–3888 HIT Standards Committee Workgroup, 3905–3906

Federal Emergency Management Agency Homeland Security Department PROPOSED RULES See Coast Guard Proposed Flood Elevation Determinations; Correction, See Federal Emergency Management Agency 3885–3886 See National Communications System NOTICES See U.S. Customs and Border Protection Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3912–3913 Indian Health Service NOTICES Federal Highway Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 3906–3907 Environmental Impact Statements; Availability, etc.: Davis and Weber Counties, UT, 3955 Industry and Security Bureau NOTICES Federal Railroad Administration Meetings: Transportation and Related Equipment Technical NOTICES Meetings: Advisory Committee, 3897 Railroad Safety Advisory Committee, 3959 Interior Department Petitions for Waivers of Compliance, 3960–3962 See Fish and Wildlife Service See Land Management Bureau Federal Reserve System See Minerals Management Service NOTICES Changes in Bank Control: International Trade Administration Acquisitions of Shares of Banks or Bank Holding NOTICES Companies, 3904 Application(s) for Duty-Free Entry of Scientific Instruments, 3895 Federal Transit Administration Consolidated Decision on Applications for Duty-Free Entry NOTICES of Electron Microscopes: Environmental Impact Statements; Availability, etc.: Yale University, et al., 3895 Proposed Transit Improvements, Eastside Transit Court Decision Not in Harmony With Final Results of Corridor Phase 2, Los Angeles County, CA, 3956– Administrative Review: 3958 Certain Preserved Mushrooms From the People’s Republic of China, 3896 Financial Crimes Enforcement Network Extension of Time Limit for Preliminary Results of NOTICES Antidumping Duty Administrative Review: Requests for Nominations: Certain Welded Carbon Steel Pipe and Tube From Bank Secrecy Act Advisory Group, 3967–3968 Turkey, 3896–3897

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Labor Department National Communications System See Employment and Training Administration NOTICES See Labor Statistics Bureau Meetings: See Occupational Safety and Health Administration Presidents National Security Telecommunications NOTICES Advisory Committee, 3913–3914 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3923–3924 National Institutes of Health Secretary’s Order 1–2010: NOTICES Delegations of Authority and Assignments of Meetings: Responsibilities to Administrative Review Board, Center for Scientific Review, 3912 3924–3925 National Oceanic and Atmospheric Administration Labor Statistics Bureau RULES Fisheries of Exclusive Economic Zone Off Alaska: NOTICES Atka Mackerel in Bering Sea and Aleutian Islands Agency Information Collection Activities; Proposals, Management Area; Closures and Openings, 3873– Submissions, and Approvals, 3926–3927 3874 Pacific Cod by Non-American Fisheries Act Crab Vessels Land Management Bureau Catching Pacific Cod for Processing, etc., 3875 NOTICES Pacific Cod by Vessels Participating in Amendment 80 Agency Information Collection Activities; Proposals, Limited Access Fishery in Bering Sea, etc., 3874– Submissions, and Approvals, 3914–3915 3875 Environmental Impact Statements; Availability, etc.: NOTICES Proposed 3-Bars Ecosystem and Landscape Restoration Meetings: Project, Eureka County, NV, 3916–3917 Mid-Atlantic Fishery Management Council, 3897–3898 Meetings: Northwest Colorado Resource Advisory Council, 3917 National Science Foundation Partial Cancellation of Proposed Withdrawal; California, NOTICES 3917–3919 Meetings: Privacy Act; Systems of Records, 3919–3921 Proposal Review Panel for Chemistry, 3942 Proposed Reinstatement of Terminated Oil and Gas Lease (NDM 94701), 3921–3922 Navy Department NOTICES Availability of Record of Decision: Library of Congress Naval Surface Warfare Center Panama City Division See Copyright Office, Library of Congress Mission Activities, 3901

Maritime Administration Nuclear Regulatory Commission NOTICES PROPOSED RULES Requested Administrative Waiver of the Coastwise Trade Receipt of Petition for Rulemaking: Laws, 3962–3964 Mark Edward Leyse, 3876–3877 NOTICES Environmental Impact Statements; Availability, etc.: Merit Systems Protection Board Carolina Power and Light Co., Shearon Harris Nuclear NOTICES Power Plant, Unit 1, 3942–3943 Opportunity To File Amicus Briefs, 3939 Southern Nuclear Operating Company, Inc., Vogtle Electric Generating Plant, Units 1 and 2, 3943–3944 Minerals Management Service Tennessee Valley Authority, Watts Bar Nuclear Plant NOTICES Unit 1, 3945–3946 Environmental Documents Prepared in Support of Sand Establishment of Atomic Safety and Licensing Board: and Gravel Activities on the Outer Continental Shelf, Tennessee Valley Authority, Bellefonte Nuclear Plant, 3915–3916 Units 1 and 2, 3946 Revised Minerals Management Service Documentation of Request for Action Under 10 CFR 2.206: Section 106 Finding of Adverse Effect (Revised Northern States Power Co.; Prairie Island Nuclear Finding): Generating Plant, Units 1 and 2, 3946–3947 Proposed Cape Wind Energy Project located on the Outer Continental Shelf (OCS) in Nantucket Sound; Occupational Safety and Health Administration Availability, 3922 PROPOSED RULES Combustible Dust; Stakeholder Meetings, 3881–3883 National Aeronautics and Space Administration Patent and Trademark Office NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3939–3942 Submissions, and Approvals, 3893–3894

National Archives and Records Administration Personnel Management Office RULES NOTICES Photography in Public Exhibit Space, 3862–3863 Excepted Service, 3947

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Presidential Documents See Federal Railroad Administration ADMINISTRATIVE ORDERS See Federal Transit Administration Government Agencies and Employees: See Maritime Administration Contractors; Tax Delinquency (Memorandum of January 20, 2010), 3977–3980 Treasury Department See Comptroller of the Currency Rural Housing Service See Financial Crimes Enforcement Network NOTICES NOTICES Meetings: Agency Information Collection Activities; Proposals, USDA Section 538 Guaranteed Rural Rental Housing Submissions, and Approvals, 3964–3966 Program 2010 Industry Forums, 3892–3893 U.S. Customs and Border Protection Securities and Exchange Commission NOTICES NOTICES Recordation of Trade Name Sony Ericsson Mobile Meetings; Sunshine Act, 3948 Communications AB, 3914 Order of Suspension of Trading: Big Sky Energy Corp., et al., 3948 Veterans Affairs Department Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 3951–3952 NOTICES International Securities Exchange, LLC, 3950–3951 Fund Availability Under the VA Homeless Providers Grant NASDAQ Stock Market LLC, 3948–3950 and Per Diem Program, 3968–3972 Privacy Act; Systems of Records, 3972–3975 State Department NOTICES Delegation by the Under Secretary of State for Public Separate Parts In This Issue Diplomacy and Public Affairs: Coordinator, Bureau of International Information Part II Programs, or to any Successor, 3952–3953 Presidential Documents, 3977–3980 Meetings: Study Group of the U.S. Department of State Advisory Committee on Private International Law, 3953 Reader Aids Re-Delegation to Daniel Sreebny of the Functions and Consult the Reader Aids section at the end of this page for Authorities of the Coordinator, Bureau of International phone numbers, online resources, finding aids, reminders, Information Programs, 3953 and notice of recently enacted public laws. Waiver of Restriction on Assistance to the Central Government of Egypt, 3953–3954 To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http:// Transportation Department listserv.access.gpo.gov and select Online mailing list See Federal Aviation Administration archives, FEDREGTOC-L, Join or leave the list (or change See Federal Highway Administration settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.

3 CFR Administrative Orders: Memorandums: Memorandum of January 20, 2010 ...... 3979 9 CFR 392...... 3847 10 CFR 440...... 3847 Proposed Rules: 50...... 3876 14 CFR Proposed Rules: 71 (4 documents) ...3877, 3878, 3879, 3880 29 CFR Proposed Rules: 1910...... 3881 33 CFR 117...... 3856 165...... 3859 Proposed Rules: 334...... 3883 36 CFR 1280...... 3862 37 CFR 202...... 3863 40 CFR 52...... 3870 44 CFR Proposed Rules: 67...... 3885 47 CFR 73...... 3871 Proposed Rules: 97...... 3886 50 CFR 679 (3 documents) ...... 3873, 3874, 3875 Proposed Rules: 92...... 3888

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Rules and Regulations Federal Register Vol. 75, No. 15

Monday, January 25, 2010

This section of the FEDERAL REGISTER regulations by adding a new part 392 In addition, FSIS offers an e-mail contains regulatory documents having general that established regulations governing subscription service which provides applicability and legal effect, most of which the submission of petitions for automatic and customized access to are keyed to and codified in the Code of rulemaking to FSIS. selected food safety news and Federal Regulations, which is published under OMB had not approved the information. This service is available at 50 titles pursuant to 44 U.S.C. 1510. information collection requirements http://www.fsis.usda.gov/ The Code of Federal Regulations is sold by associated with the Petitions for news_and_events/email_subscription/. the Superintendent of Documents. Prices of Rulemaking final rule when the final Options range from recalls to export new books are listed in the first FEDERAL rule published. Therefore, in the information to regulations, directives REGISTER issue of each week. preamble to the rule, FSIS explained and notices. Customers can add or that it would collect no information delete subscriptions themselves, and associated with rule until the have the option to password protect DEPARTMENT OF AGRICULTURE information collection request received their accounts. OMB approval (74 FR 16104, 16106– Food Safety and Inspection Service Done at Washington, DC, on January 19, 16107). OMB approved the information 2010. collection on July 16, 2009; the OMB 9 CFR Part 392 Alfred V. Almanza, number is 0583–0136. Administrator. [Docket No. FSIS–2009–0029] Therefore, FSIS will now begin to [FR Doc. 2010–1263 Filed 1–22–10; 8:45 am] collect information associated with the Petitions for Rulemaking; Approval of final rule. In addition, now that FSIS is BILLING CODE 3410–DM–P Information Collection authorized to collect such information, effective January 25, 2010 the Agency AGENCY: Food Safety and Inspection DEPARTMENT OF ENERGY Service, USDA. will begin to post all petitions for rulemaking that it receives, along with 10 CFR Part 440 ACTION: Final rule; information any supporting documentation, on the collection approval. FSIS Web site at http:// [Docket No. EEWAP0515] SUMMARY: www.fsis.usda.gov/ The Food Safety and _ _ RIN 1904–AB97 Inspection Service (FSIS) is announcing regulations & policies/Petitions/ that the Office of Management and index.asp (see 9 CFR 392.6(a)). Weatherization Assistance Program for Budget (OMB) has approved the Additional Public Notification Low-Income Persons information collection associated with its final rule ‘‘Petitions for Rulemaking,’’ Public awareness of all segments of AGENCY: Office of Energy Efficiency and published April 9, 2009. rulemaking and policy development is Renewable Energy, Department of important. Consequently, in an effort to Energy. DATES: On July 16, 2009, the Office of ensure that the public and in particular ACTION: Final rule. Management and Budget approved the minorities, women, and persons with information collection requirements for disabilities, are aware of this document, SUMMARY: The U.S. Department of the rule published April 9, 2009, at 74 FSIS will announce it on-line through Energy (DOE) is amending the eligibility FR 16104 and effective June 8, 2009. the FSIS Web page located at http:// provisions applicable to multi-unit FOR FURTHER INFORMATION CONTACT: www.fsis.usda.gov/regulations/ buildings under the Weatherization Rachel Edelstein, Director, Policy 2009_Notices_Index/index.asp. Assistance Program for Low-Income Issuances Division, Office of Policy and FSIS also will make copies of this Persons. As a result of today’s final rule, Program Development, Food Safety and Federal Register publication available if a multi-unit building is under an Inspection Service, USDA, Washington, through the FSIS Constituent Update, assisted or public housing program and DC 20250, (202) 720–5627. which is used to provide information is identified by the U.S. Department of SUPPLEMENTARY INFORMATION: FSIS has regarding FSIS policies, procedures, Housing and Urban Development been delegated the authority to exercise regulations, Federal Register notices, (HUD), and included on a list published the functions of the Secretary as FSIS public meetings, and other types of by DOE, that building will meet certain specified in the Federal Meat Inspection information that could affect or would income eligibility requirements, and Act (FMIA) (21 U.S.C. 601, et seq.) and be of interest to our constituents and will also satisfy one or both of the the Poultry Products Inspection Act stakeholders. The Update is procedural requirements to protect (PPIA) (21 U.S.C. 451, et seq.). FSIS communicated via Listserv, a free e-mail against rent increases and undue or protects the public by verifying that subscription service consisting of excessive enhancement of the meat, poultry, and egg products are safe, industry, trade, and farm groups, weatherized building, as indicated by wholesome, unadulterated, and consumer interest groups, allied health the list, under the Weatherization correctly labeled and packaged. professionals, scientific professionals, Assistance Program without the need for FSIS is notifying the public that OMB and other individuals who have further evaluation or verification. The has approved the information collection requested to be included. The Update preamble of today’s final rule also associated with the final rule ‘‘Petitions also is available on the FSIS Web page. provides guidance to States with respect for Rulemaking,’’ which published on Through Listserv and the Web page, to addressing the requirement that the April 9, 2009 (74 FR 16104). The final FSIS is able to provide information to a benefits of weatherization assistance in rule amended the FSIS administrative much broader, more diverse audience. connection with such rental units,

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including units where the tenants pay Program). (42 U.S.C. 6861 et seq.) The family dwelling units are potentially for their energy through their rent, will Weatherization Assistance Program high-energy-consuming dwelling units, accrue primarily to the low-income reduces energy costs for low-income and grantees should consider tenants residing in such units. If a persons, families, and households by appropriate prioritization for such units multi-unit building includes units that increasing the energy efficiency of their or other high-energy-consuming participate in the Low Income Housing homes, while promoting their health dwelling units. (42 U.S.C. 6864(b)(2)) Tax Credit (LIHTC) Program, identified and safety. DOE works in partnership The statute also recognizes that in some by HUD, or includes units that with State- and local-level agencies to instances, weatherization efforts under participate in the U.S. Department of implement the Weatherization the program may be appropriate for Agriculture (USDA) Rural Housing Assistance Program. DOE’s Project buildings in which there are multiple Service’s Multifamily Housing Management Center awards grants to rental units. (42 U.S.C. 6863(b)(5)) Programs, and is included on a list State-level agencies, which then Congress recognized that additional published by DOE, that building will contract with subgrantees (e.g., local considerations are necessary when meet the income eligibility requirements agencies). The subgrantees then provide evaluating the eligibility of multi-unit of the Weatherization Assistance weatherization services to eligible low- buildings, as opposed to single-family Program without the need for further income families. dwellings. In any case in which a evaluation or verification. Today’s final In establishing the Weatherization person requesting weatherization rule will reduce the procedural burdens Assistance Program, Congress found assistance from a subgrantee for a on evaluating applications from that ‘‘a fast, cost-effective, and dwelling that consists of a rental unit or buildings that are part of HUD assisted environmentally sound way to prevent rental units, the State, in implementing and public housing programs, the future energy shortages in the United its weatherization program, must ensure Federal LIHTC programs, and the USDA States while reducing the Nation’s that— Rural Development program. dependence on imported energy • The benefits of weatherization DATES: This final rule is effective supplies is to encourage and facilitate, assistance in connection with such February 24, 2010. through major programs, the rental units, including units where the FOR FURTHER INFORMATION CONTACT: implementation of energy conservation tenants pay for their energy through Claire Broido Johnson, U.S. Department and renewable-resource energy their rent, will accrue primarily to the of Energy, Office of Energy Efficiency measures with respect to dwelling low-income tenants residing in such and Renewable Energy, Weatherization units.’’ (42 U.S.C. 6861(a)(1)) Congress units; and Intergovernmental Program, EE–2K, also recognized that many dwellings • For a reasonable period of time after 1000 Independence Avenue, SW., owned or occupied by low-income weatherization work has been Washington, DC 20585–0121, (202) 586– persons are energy inefficient and that completed on a dwelling containing a 1510, e-mail: low-income persons can least afford to unit occupied by an eligible household, [email protected], or Chris make the modifications necessary to the tenants in that unit (including Calamita, U.S. Department of Energy, improve the energy efficiency of such households paying for their energy Office of the General Counsel, Forrestal dwellings. (42 U.S.C. 6861(a)(2)) through their rent) will not be subjected Building, GC–72, 1000 Independence Additionally, Congress directed that to rent increases unless those increases Avenue, SW., Washington, DC 20585, States, through Community Action are demonstrably related to matters (202) 586–9507, e-mail: Agencies and units of general purpose other than the weatherization work [email protected]. local government, should be performed; encouraged, with Federal financial and • The enforcement of the rent SUPPLEMENTARY INFORMATION: technical assistance, to develop and increase provision is provided through I. Introduction support coordinated weatherization procedures established by the State by II. Proposed Regulation programs designed to alleviate the which tenants may file complaints and III. Final Rule adverse effects of energy costs on low- A. Eligibility Requirements Met by owners, in response to such complaints, Identified Housing income persons, to supplement other shall demonstrate that the rent increase 1. Income Requirement Federal programs serving such low- concerned is related to matters other a. Qualified Assisted Housing and LIHTC income persons, and to increase energy than the weatherization work Programs efficiency. (42 U.S.C. 6861(a)(4)) performed; and b. USDA Rural Development Program Congress, therefore, stated that the • No undue or excessive 2. Protection From Rent Increases purpose of the Weatherization enhancement will occur to the value of 3. No Undue or Excessive Enhancement to Assistance Program is to develop and such dwelling units.(42 U.S.C. the Value of the Dwelling Units implement an assistance program to B. Other Eligibility Requirements 6863(b)(5)) 1. Accrual of Benefits increase the energy efficiency of DOE provided additional direction 2. Permission of Owner or Owner’s Agent dwellings owned or occupied by low- regarding the eligibility of multi-unit 3. Owner Financial Participation income persons, reduce their total buildings in the Weatherization C. Other Comments Received residential energy expenditures, and Assistance Program regulations. Under 1. Allowable Expenditures improve their health and safety,1 the DOE regulations a subgrantee may 2. Prioritization/Promotion of Multi-Family especially low-income persons who are weatherize a building containing rental Projects particularly vulnerable such as the dwelling units using financial assistance IV. Regulatory Analysis elderly, the handicapped, and children. V. Approval of the Office of the Secretary for dwelling units eligible for (42 U.S.C. 6861(b)) weatherization assistance, where: I. Introduction The Weatherization Assistance • The subgrantee has obtained the Sections 411–418 of the Energy Program statute recognizes that single- written permission of the owner or his Conservation and Production Act (Act) agent; 1 Weatherization work may include the abatement • established the Weatherization of hazards such as lead, which may be required Not less than 66 percent (50 percent Assistance Program for Low-Income prior to the installation of weatherization materials. for duplexes and four-unit buildings, Persons (Weatherization Assistance See, 10 CFR 440.16(h). and certain eligible types of large multi-

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family buildings) of the dwelling units homes a month. The increased DOE stated that it believed that the in the building: weatherization effort will reduce the proposed rule would reduce the Æ Are eligible dwelling units, or total residential energy expenditures, procedural burdens on evaluating Æ Will become eligible dwelling units and improve their health and safety, of applications from buildings that are part within 180 days under a Federal, State, low-income persons on a much broader of HUD-assisted and public housing or local government program for scale than previously seen, as well as programs, and the Federal LIHTC rehabilitating the building or making additional benefits such as contributing programs. 74 FR at 23807. The Act similar improvements to the building; to a reduction in greenhouse gas requires that DOE promulgate and emissions due to the increased regulations that, in part, provide • The grantee has established efficiency of the nation’s building stock. guidance to assist the States in their procedures for dwellings which consist II. Proposed Regulation efforts to ensure that appropriate of a rental unit or rental units to ensure procedures are established to satisfy the that: DOE recognizes that determining the procedural burdens. (42 U.S.C. Æ The benefits of weatherization eligibility of multi-unit buildings may 6863(b)(2)) assistance in connection with such present difficulties to subgrantees in rental units, including units where the evaluating the income eligibility of III. Final Rule tenants pay for their energy through tenants meeting the 200 percent of their rent, will accrue primarily to the poverty requirement, and that this In today’s final rule, DOE is adopting low-income tenants residing in such difficulty can be overcome where other the revisions to the Weatherization units; Federal agencies already have Assistance Program as proposed, with Æ For a reasonable period of time procedures in place for determining two differences. First, DOE is including after weatherization work has been such income eligibility. On May 21, buildings that participate in the USDA completed on a dwelling containing a 2009, DOE published a notice of Rural Development program and are unit occupied by an eligible household, proposed rulemaking (NOPR) to address identified by USDA, on the list of the tenants in that unit (including verification of the eligibility buildings that meet the income households paying for their energy requirements under the weatherization requirements of the Weatherization through their rent) will not be subjected program for multi-family buildings Assistance Program without the need for to rent increases unless those increases participating in other Federal additional verification. are demonstrably related to matters programs.2 74 FR 23804. Following the Second, an additional list will be other than the weatherization work publication of the NOPR, DOE issued a performed; notice announcing a public meeting that provided in order to address the current Æ The enforcement of the rent was held on June 18, 2009, and that State practice for complying with the increase provision is provided through extended the comment period to July 6, requirement to protect against rent procedures established by the State by 2009. 74 FR 27945. increases. Buildings that have three or which tenants may file complaints, and In the NOPR, DOE proposed that if a more years remaining under the owners, in response to such complaints, multi-unit building is under an assisted applicable arrangement with HUD will shall demonstrate that the rent increase or public housing program and is be included, as appropriate, on a list concerned is related to matters other identified by HUD, and included on a that demonstrates compliance with the than the weatherization work list published by DOE, that building income requirements and compliance performed; and would meet certain income eligibility with the procedural requirements under Æ No undue or excessive requirements, and the procedural the Weatherization Assistance Program enhancement shall occur to the value of requirements to protect against rent to protect against rent increases and the dwelling units. increases and undue enhancement of undue enhancement of the weatherized 10 CFR 440.22(b). An eligible dwelling the weatherized building would be building. Buildings that have less than unit is one that is occupied by a family satisfied, under the Weatherization three years remaining under the unit (1) whose income is at or below 200 Assistance Program without the need for applicable arrangement with HUD will percent of the poverty level, (2) which further evaluation or verification. be included on a separate list, as contains a member who has received Additionally, DOE proposed that if a appropriate, to demonstrate compliance cash assistance payments under certain multi-unit building includes units that with the income requirements and Social Security programs, or applicable participate in the LIHTC Program, compliance with the procedural State or local laws at any time during identified by HUD, and included on a requirement to protect against undue the 12-month period preceding the list published by DOE, that building enhancement. determination of eligibility under the would meet the income eligibility Today’s final rule will reduce the Weatherization Assistance Program, or requirements of the Weatherization (3) if the State elects, is eligible for Assistance Program without the need for review and verification that a assistance under the Low-Income Home further evaluation or verification. DOE subgrantee must undertake when Energy Assistance Act, provided that requested comment on how States and evaluating the eligibility of the such basis is at least 200 percent of the subgrantees may ensure compliance identified buildings. The purpose of poverty level. 10 CFR 440.22(a); See with the requirement that benefits of today’s final rule is to reduce the burden also, 42 U.S.C. 6862(7). weatherization accrue primarily to low- on States and subgrantees when The American Recovery and income tenants that reside in such evaluating applicability requirements Reinvestment Act of 2009 (Pub. L. 111– buildings. 74 FR at 23807. for which HUD or USDA has already 5) significantly increased the focus of collected and verified the necessary weatherization activities by providing 2 The proposal did not address the requirements data. $5 billion in funding for the WAP applicable to permissible expenditures under WAP or the required weatherization materials. Those program. This unprecedented level of requirements, along with the requirements in 10 funding supports the Administration’s CFR Part 440 not addressed in today’s final rule stated goal of weatherizing 30,000 remain are not amended.

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A. Eligibility Requirements Met by housing authorities must determine verification procedures employed under Identified Housing each participating family’s income these housing programs, DOE has before the family is permitted to move determined that buildings identified by 1. Income Requirement into the assisted housing, and at least HUD as having not less than 66 percent a. Qualified Assisted Housing and annually thereafter. To ease the existing (50 percent for duplexes and four-unit LIHTC Programs burden of manual verification and buildings) of dwelling units occupied by As stated previously under the DOE reduce the potential for human error, family units whose income is at or regulations, a subgrantee can only HUD has developed a sophisticated below 200 percent of the poverty level weatherize a building containing rental system of third-party income would meet the minimum income dwelling units using financial assistance verifications, originally designated as eligibility requirements for multi-unit for dwelling units eligible for the Upfront Income Verification (UIV) buildings under the Weatherization weatherization assistance, where not system, now known as the Enterprise Assistance Program. In the NOPR, DOE requested less than 66 percent (50 percent for Income Verification (EIV) system. The comments on its proposal that income duplexes and four-unit buildings, and EIV system is now used voluntarily by data collected by HUD under the certain eligible types of large multi- HUD housing providers, but will convert to a mandatory system in Qualified Assisted Housing and LIHTC family buildings) of the dwelling units January 2010. The EIV system, a central programs would be sufficient for the in the building meet the income repository and source for income and purpose of demonstrating the income eligibility levels. 10 CFR 440.22(b)(2). benefit data, is accessible in a secure requirements of multi-unit buildings HUD’s Qualified Assisted Housing 3 manner over the internet, for use by under the Weatherization Assistance programs generally serve the population public housing authorities and owners Program. The responses DOE received for which the Weatherization Assistance or their agents to improve the accuracy supported the proposal and indicated Program was established to serve. This of rent and income determinations. that it would reduce burdens on assisted and public housing portfolio HUD monitors compliance with tenant property owners, tenants, grantees, and includes properties that are privately eligibility requirements on an annual subgrantees thereby allowing more of owned, but receive some form of HUD basis through management and the weatherization funds to be used for assistance subject to affordability and occupancy reviews in addition to the energy improvements. (See LISC, p. 2) income requirements. Income targets for submission of tenant data to HUD Some of the commenters indicated HUD programs are set in relationship to payment systems. Tenant eligibility that a simpler and more effective a percentage of area median income— certifications are required in order for approach would be to raise the income generally, 30 to 80 percent of area subsidy payments to be authorized. A eligibility ceiling for the program, median income. A review of data from building owner must verify each specifically by making eligible for the HUD programs indicates that a large family’s income, assets, expenses, and Weatherization Assistance Program any majority of residents in HUD assisted deductions three times: (1) Prior to household that meets the National and public housing would meet the move-in, (2) as part of the annual Housing Act definition of ‘‘low-income.’’ income eligibility requirements of the recertification process, and (3) as a DOE did not propose to amend the Weatherization Assistance Program. result of changes in income allowances, definition of ‘‘low-income’’ in the NOPR HUD data show that nationally close to or family characteristics reported and such an amendment as suggested by 100 percent of residents in these between annual re-certifications. commenters would be outside the scope properties meet the 200 percent income Property owners participating in the of notice for this rulemaking. requirement, far exceeding the 66 LIHTC Program are directed to utilize DOE also received comments percent threshold required under DOE’s the income verification process set forth regarding the exclusion of Section regulation. 10 CFR 440.22(b)(2). Internal Revenue Code Section 42, and 221(d)(3) and (d)(5) Below Market Moreover, the income verification Internal Revenue Service (IRS) Interest Rate (BMIR), and Section 236 process applicable to the HUD programs Handbook 8823 (Chapter 5), and programs from eligibility. The is rigorous. Under these HUD programs, incorrect eligibility determinations may comments expressed that these HUD assisted housing owners or public adversely affect the utilization of the tax programs carry income restrictions and credits. also typically use project-based Section 3 For the purposes of this rule, ‘‘Qualified After the initial determination of 8 subsidies. The comments additionally Assisted Housing’’ includes public housing projects, eligibility, owners, or their agents, are indicated that residents using the and assisted housing projects that receive project- based Section 8 assistance, under the U.S. Housing required to recertify each low-income Section 8 subsidies have the same Act of 1937, as amended (42 U.S.C. 1437 et seq.), household at least annually, within 120 income reporting requirements as other Supportive Housing for the Elderly projects days of the anniversary date of the Section 8 subsidy holders. Commenters receiving HUD assistance under section 202 of the occupancy. The allocating agency, remarked that while not all Section Housing Act of 1959 (12 U.S.C. 17012), or Supportive Housing for Persons with Disabilities typically a state housing finance agency, 221(d)(3) BMIR and Section 236 under section 811 of the Cranston-Gonzales is responsible for monitoring properties have Section 8 housing, to National Affordable Housing Act, as amended (42 compliance with the provisions during the extent that they do, these properties U.S.C. 8013). For the purpose of this rulemaking the affordability period and must report should meet the definition of ‘‘qualified ‘‘Qualified Assisted Housing’’ does not include ’’ projects also benefiting from assistance under the results of monitoring to the IRS. The assisted housing. Some of the Section 221(d)(3) and (d)(5), and 236 of the National allocating agency is required to perform commenters suggested that the Housing Act (12 U.S.C. 1715l(d)(3) and (d)(5), and an on-site inspection and a review of 20 definition of ‘‘qualified assisted 12 U.S.C. 1715z–1, respectively), except such percent of tenant files at least every housing’’ be revised to clarify that Sections 221(d)(3) and 236 projects with Section 8 assistance on not less than 66 percent of the multi- three years. Section 221(d)(3) BMIR and Section 236 family units are included. DOE notes that while The income of the families occupying buildings are only excluded from these excluded projects will not be included in the units in buildings under the Qualified consideration as qualified assisted published list of properties under today’s final rule, Assisted Housing and LITHC Programs housing if fewer than 66 percent of the these projects may qualify under the Weatherization Assistance Program so long as the projects meet all is subject to HUD’s rigorous verification units have project-based Section 8 of the necessary requirements, including the processes. Given the nature of the data assistance. This issue was also raised at verified tenant income levels. collected by HUD and the income the public meeting held on June 18,

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2009. At that meeting, HUD stated that documentation. In the 26 states that completed on a dwelling containing a every family that receives housing permit wage matching, USDA has unit occupied by a low-income tenant, assistance must certify their income initiated memoranda of understanding the tenant in that unit will not be before they move in and must recertify with these individual departments of subjected to rent increases unless those every year thereafter. Further, owners labor to receive confirmation increases are demonstrated to be related are required to monitor, certify, and information on wages reported. USDA to matters other than the weatherization maintain records of compliance with field staff provides such confirmation to work performed. 10 CFR 440.22(b)(3)(ii). tenant eligibility. HUD also stated that property managers, who check the data The enforcement of this provision is nearly all of the residents within its against that reported by tenants. USDA provided through procedures programs being considered eligible meet multifamily regulations require that established by the State by which the 200 percent above poverty line tenants recertify their income annually, tenants may file complaints, and owners requirement stated in the public law, and whenever they have a monthly in response to such complaints must including the Section 221(d)(3) and income change of $100 or more. demonstrate that the rent increase Section 236 properties having Section 8 Unlike HUD, USDA maintains data on concerned is related to matters other housing assistance under discussion. participation in the Rural Housing than weatherization. 10 CFR DOE notes that Section 221(d)(3) and Service’s Multifamily Housing Programs 440.22(b)(3)(iii). Under the Qualified Section 236 may qualify under the at a project level, as opposed to a Assisted Housing programs, tenant rents Weatherization Assistance Program so building level. A single project may be are capped at 30 percent of their long as the projects meet all of the comprised of more than one building. income, so tenants would not be subject necessary requirements, including the As a result of maintaining income data to rent increases as a result of the verified tenant income levels. To the on a project level without knowing the weatherization. extent that these properties have breakdown of the income of tenants on DOE has proposed that the project-based assistance under the a per building basis, a project identified restrictions on rent for units in Section 8 program on not less than 66 by USDA as having 66 percent of the buildings participating in the Qualified percent of the multi-family units (50 dwelling units occupied by low-income Assisted Housing Programs would percent for duplexes and four-unit tenants does not ensure that each provide the assurance required under buildings), and HUD includes such building in that project meets the 66 the Weatherization Assistance Program buildings in the list of properties percent threshold. For example, if a that for a reasonable period of time after meeting the income requirements of the project consisted of three buildings with weatherization work is completed on a Weatherization Assistance Program, ten units each, and two of the three dwelling occupied by a low-income Section 8 properties will be included in buildings were occupied solely by low- family unit, rent will not increase. In the today’s final rule. income tenants, the project would have proposed rule, DOE requested After consideration of the comments, 66 percent of the dwelling units comments on this issue. DOE also DOE concludes in today’s final rule that occupied by low-income tenants. requested comments on its the income data collected by HUD However, the third building could have understanding that the LIHTC Program would be sufficient for the purpose of no low-income tenants. does not offer sufficiently uniform demonstrating the income requirements The purpose of the proposed rule was protections regarding rent increases so of multi-unit buildings under the to minimize duplicative verification as to permit DOE to determine that Weatherization Assistance Program. requirements among Federal agencies. buildings under the LIHTC Program While the proposed rule considered b. USDA Rural Development Program would meet the rent control coordinating WAP requirements with requirement of the Weatherization DOE also received a number of only HUD data, income data collected Assistance Program. comments indicating that buildings that and verified by USDA provide a similar In response, DOE received comments participate in the USDA Rural Housing opportunity to minimize duplicative supportive of a DOE determination that Service’s Multifamily Housing Programs income verification requirements. DOE the Qualified Assisted Housing Program undergo equally rigorous income has determined that buildings identified and LIHTC Program sufficiently protect verifications. The income verification by USDA as having 100 percent of low-income tenants from rent increases process for the Rural Housing Service’s dwelling units occupied by family units to satisfy the rent control requirement. Multifamily Housing Programs is very whose income is at or below 200 One of the comments noted that similar to that of HUD. The USDA Rural percent of the poverty level would meet currently some States require rent Housing Service’s Multifamily Housing the minimum income eligibility control provisions to remain in place for Programs utilize HUD’s income, asset requirements for multi-unit buildings three years as a condition of and deduction requirements for under the Weatherization Assistance weatherizing multi-family housing. If a eligibility to reside in Rural Housing Program. In order to ensure that the HUD building were to have its rent Service multifamily properties and to buildings identified by USDA meet the structure expire within three years, the receive the benefits of Rural 66 percent requirement at the building proposed categorical assurance would Development’s Rental Assistance level, the list of buildings identified by result in a less rigorous rent restriction subsidy programs. Property owners and USDA will include only those projects on the HUD building than States apply their management agents are responsible for which 100 percent of the units are to other multi-family buildings. for determining a family’s income when occupied by families that meet the In today’s final rule, DOE has they apply for housing. USDA performs Weatherization Assistance Program determined, based on the nature of the an annual audit of a statistical sample income requirement. conditions for property owners under of tenant files to ensure that the rent and the Qualified Assisted Housing subsidy are calculated properly, with 2. Protection From Rent Increases Programs, that generally, the Qualified adequate supporting documentation. In Under the Weatherization Assistance Assisted Housing Program sufficiently addition, USDA field staff performs Program, a grantee must establish protects low-income tenants from rent periodic supervisory visit inspections procedures that ensure that for a increases so as to satisfy the where tenant files are selected at reasonable period of time after requirement that grantees under the random and audited for confirmation of weatherization work has been Weatherization Assistance Program

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establish procedures to protect low- rent increases according to a standard controls the capital improvements that income tenants against rent increases acceptable to DOE or the subgrantee. may be made. In the NOPR, DOE resulting from weatherization. However, With respect to the issue of rent control requested comments on whether HUD DOE recognizes that some States may in the LIHTC Program, DOE received control of improvements to buildings currently require a three-year comments indicating that for LIHTC under the Qualified Assisted Housing commitment from property owners to properties, there is no direct cost-based programs would ensure that no undue protect against rent increases resulting rent setting under the LIHTC program or excessive enhancement would occur from the weatherization work. and that the total tenant housing cost is as a result of weatherization. DOE also To address the issue of current capped by a formula based on the area requested comment on whether similar practice in some States, DOE will median income. Commenters noted that and sufficient controls were present publish segregated information on the while in practice LIHTC property rents under the LIHTC Program to allow DOE list of eligible multi-unit buildings are limited by the lower of the cap or to make a similar finding for the LIHTC identified by HUD in order to indicate market rents and therefore unlikely to Program. which buildings have a minimum of increase as a result of weatherization Commenters expressed their support three years remaining on their costs, a rent controlling covenant for a DOE determination that controls commitment with HUD. The properties running with the unit receiving over buildings in the Qualified Assisted included on the list of buildings that weatherization funds could be an Housing and LIHTC would ensure that have less than three years remaining on option. Another comment on the issue no undue or excessive enhancement their commitment with HUD will satisfy of rent control in the LIHTC program would occur as a result of the income requirements and the urged DOE to allow state agencies weatherization. One commenter noted requirement that limits undue administering the Weatherization that with regard to the excessive enhancement. The properties included Assistance Program the flexibility to enhancement issue, LIHTC properties on the list that includes buildings with determine the appropriate rent control should be treated in the same manner as three or more years remaining on their procedures. Qualified Assisted Housing properties. commitment with HUD will satisfy the DOE recognizes that properties under The commenter added that the existence income eligibility requirements. They the LIHTC program may have various of maximum rental rates and long-term will also satisfy both of the procedural rent control conditions, however, the use restrictions in the LIHTC program requirements to protect against rent extent and nature of those conditions acted as strong disincentives to the increases and undue or excessive may not be uniform throughout the undertaking of excessive enhancements enhancement of the weatherized program. Under today’s final rule, and for those reasons, the commenter building, without the need for further properties participating in the LIHTC urged DOE to conclude that LIHTC evaluation or verification. program will not be included in the list properties have controls in place to It is important to note that today’s of properties that meet the rent control ensure no undue or excessive rule does not require a minimum of provisions of the Weatherization enhancement. This commenter three years remaining on a building’s Assistance Program without a need for indicated that DOE could alternatively commitment with HUD in order to additional conditions on the property consider defining ‘‘excessive comply with the rent control owner. For the properties under the enhancement’’ by reference to a savings requirement under the Weatherization LIHTC program, the State, or to investment ratio over the lifecycle of Assistance Program. A State may weatherization grantee, maintains the improvement. determine that a different timeframe is flexibility in establishing the necessary acceptable. However, in recognizing that rent control conditions. After DOE recognizes that some of the some States currently require a three- considering the comments, DOE conditions placed on property owners year commitment from property owners maintains its preliminary understanding under the LIHTC program may make it to demonstrate compliance with the rent that the LIHTC Program does not unlikely for weatherization work to control provisions, the list of properties provide sufficiently uniform protections result in undue or excessive to be published by DOE will distinguish against rent increases so that DOE could enhancements to the property. However, those for which there is at least three determine that buildings under the in some cases, additional conditions years remaining on the commitment to LIHTC Program would meet the rent may be required in order to assure the Qualified Assisted Housing control requirement of the compliance with this requirement. programs. For those properties that have Weatherization Assistance Program. Because of the variability of less than three years remaining, the list arrangements under the LIHTC program, will indicate the amount of time 3. No Undue or Excessive Enhancement DOE is not including properties under remaining under the commitment with to the Value of the Dwelling Units the LIHTC program on the published list HUD to allow States to determine Weatherization of a building of properties that comply with the ‘‘no whether that period is sufficient to containing rental units requires that the undue or excessive enhancement satisfy the rent control requirement applicable grantee ensure that no undue requirement’’ without need for further established by the State. or excessive enhancement occur to the conditions or verification. With regard to the LIHTC program, a value of the dwelling units. 10 CFR Based on review of the public comment indicated that although the 440.22(b)(3)(iv). The expenditures comments, DOE has determined in LIHTC program provides for rent allowed under the Weatherization today’s final rule that the existing limits control, it does not have the same Assistance Program help focus on permissible work under the uniform restrictions as those associated enhancements on those that provide Weatherization Assistance Program and with the Qualified Assisted Housing weatherization benefits. For example, the HUD control of improvements under programs. The commenter stated that repairs to a dwelling unit must be the Qualified Assisted Housing the fact that the LIHTC program does necessary to make the installation of programs provide the necessary not have the same restrictions on rent weatherization materials effective. 10 assurances that no undue or excessive control could be resolved with an CFR 440.18(d)(9). Moreover, for enhancement will occur as a result of agreement between the owner and the buildings that are in the Qualified the weatherization of the buildings weatherization subgrantee that limits Assisted Housing Programs, HUD identified by HUD.

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B. Other Eligibility Requirements contrary to the realities of assisted rental Administering State agencies have the housing and undermine the work many responsibility to ensure that the benefits 1. Accrual of Benefits States have done to address housing and of weatherization activities at Qualified Under the Weatherization Assistance resident needs. The commenters urged Assisted Housing properties accrue Program regulations, a grantee must DOE to determine that this accrual primarily to the low-income tenants. ensure that for multi-unit buildings the requirement could be met by the safer, Thus, States may establish requirements benefits of weatherizing a building that healthier living environment low- and procedures for subgrantees to consists of rental units, including rental income tenants experience as a result of demonstrate that this standard is met. units where the tenant pays for energy weatherization. (Nat’l Housing Law Given the variability with how utility through rent, accrue primarily to the Project, SAHF, OH Partners for savings could be realized by tenants in low-income tenants. (42 U.S.C. Affordable Energy) Commenters also the Qualified Assisted Housing and 6863(b)(5)(A); 10 CFR 440.22(b)(3)(i)). asserted that this requirement could be LIHTC programs, a request for The payment of utilities in Qualified met by the preservation of the property weatherization of a multi-unit building Assisted Housing Programs and LIHTC as affordable rental housing. They that is on the list provided by HUD can be structured in a number of ways. indicated that weatherization funds would still need to demonstrate to the For centrally-metered utilities, utility help these properties manage rising State (or subgrantee administering the expenditures are included in monthly energy costs and therefore, protect the program) that the benefits of the rent payments. For individually- or sub- long term viability and availability of weatherization work accrue primarily to metered utilities, tenants may receive a affordable housing, thereby primarily the low-income tenants. Demonstration utility allowance, or the utility benefiting current and future low- of the benefits of weatherization allowance can be provided directly to income tenants. (See SAHF, p. 3–4; OH accruing primarily to the low-income the utility company. Given the Partners for Affordable Energy, p. 4) tenants can include reduced utility variability with how the benefits of One commenter stated that in strong costs, and also a combination of longer- weatherization, particularly utility markets, properties are affordable only term preservation of the property as savings, could be realized by tenants in because of control or long-term use affordable housing, continued the Qualified Assisted Housing and restrictions. Some comments urged DOE monitoring by or on behalf of DOE of LIHTC Programs, a request for to determine that the accrual the Weatherization Assistance weatherization of a multi-unit building requirement could be met if a non-profit Program’s statutorily required on the list provided by HUD would owns or controls the property or the protection from rent increases to low need to demonstrate that the benefits of property is subject to a low-income use income tenants, and the benefits of a the weatherization work accrue restriction for a certain period of time. healthier living environment (e.g., primarily to the low-income tenants. (See SAHF, p. 3; NCLC, p.14) DOE improved livability from thermal Compliance with the requirement for agrees that procedures under which insulation, reductions in drafts, and the benefits of weatherization to accrue weatherization work incorporates use fewer problems with allergens in living to the low-income tenants can be agreements that extend the affordable units). demonstrated more readily when the character of the project for the low- Commenters cited procedures weatherization results in reduced utility income tenants can be relied on by currently employed by States to ensure costs for the tenant. Under the Qualified States, in part, to ensure the accrual of that the benefits of weatherization Assisted Housing programs and the benefits of the weatherization to low- accrue primarily to low-income tenants. LIHTC Program, tenants may not income tenants. For example, the State of Washington directly pay for all or part of their utility Other commenters expressed that recognizes ‘‘preserved low-income- bills. In instances in which tenants of a while the reduction of energy costs was housing, added comfort, and improved building do not directly pay utility costs not the only benefit low-income tenants indoor air quality’’ as direct benefits to and have capped rents, the property could derive from weatherization, it was tenants, and requires documentation of owner needs to demonstrate that the most important. (See NCLC/TLSC, p. the direct benefits that satisfy the benefits accrue primarily to the tenant 4–5) They added that in instances where accrual of benefits requirement. The of the weatherized units other than by low-income tenants pay for utilities as approach taken by the State of the benefit of reduced utility bills. In the part of their capped rent, the financial Washington provides one model NOPR DOE requested comments on how benefits resulting from weatherization example of how States can ensure that to ensure compliance with the accrue primarily to owners rather than the benefits of weatherization accrue requirement that benefits of low-income tenants. (See NCLC/TLSC, primarily to low-income tenants. DOE is weatherization accrue primarily to the p. 4–5) In instances where low-income considering describing this and possibly low-income tenants, including tenants pay for their own utilities, the other existing procedures in guidance as information on procedures that may be commenters asserted that the benefits a non-inclusive list of examples of used by States and subgrantees to would accrue primarily to the tenants. weatherization benefit accrual to low- determine that the accrual provision is DOE has determined that the income tenants. States may also satisfied in the context of buildings in Qualified Assisted Housing programs, in consider other ways in which owner the Qualified Assisted Housing and of themselves, may not provide the contributions or energy savings could be programs and LIHTC Program. conditions necessary to ensure that the structured such that the benefits of DOE finds that public comments benefits of weatherization accrue weatherization can be shown to accrue provided helpful guidance on how primarily to the low-income tenants. primarily to the low-income tenants. States could potentially meet the This was recognized by many of the These may include investments in requirement of ensuring that the commenters who provided examples of capital expenditures such as energy benefits accrue primarily to low-income instances in which the benefits could be efficient appliances, modernization of tenants. Some commenters submitted demonstrated as accruing primarily to apartments, health and safety that reduced utility bills were not the the low-income tenants through the improvements, improved security only indication of a benefit accruing imposition of conditions in addition to systems, and other upgrades to the primarily to the low-income tenant and those present under the Qualified physical plant, as well as services such treating them as such would run Assisted Housing Programs. as such as broadband access, job

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training through local community 2. Prioritization/Promotion of Multi- Circular A–4, at 14, 38 and 46. Given centers, and, access to local community Family Projects that today’s rule is finalized prior to facilities or after-school programs. States Some commenters presented the view complete expenditure of the Recovery may consider these examples, a that the rule could result in agencies Act funds by grantees and subgrantees combination of these examples, or other providing services favoring multifamily under the Weatherization Assistance conditions when considering how to properties than other types of Program, today’s final rule could impact ensure that the benefits of the properties. They urged that the decision the process used by grantees and weatherization accrue primarily to the on what types of dwellings to subgrantees to evaluate applications low-income tenants. weatherize remain a local one because with respect to multi-unit buildings that local agencies are most familiar with the are covered by this final rule for the 2. Permission of Owner or Owner’s purpose of distributing funds provided Agent needs of their communities. (See OH Partners for Affordable Energy, others) under the Recovery Act. Such changes in the process for application evaluation Today’s final rule will not alleviate Today’s final rule does not require have the potential to cause a change in the need for a subgrantee to obtain the States to establish a particular the distribution of Recovery Act written permission of the owner or the prioritization with regard to the weatherization of multi-family funding, which may constitute a transfer owner’s agent or to confirm that a between different non-Federal entities. dwelling unit is not designated for buildings. Today’s final rule minimizes procedural burdens on those States and Such impacts would also be a acquisition or clearance by Federal, consideration when categorizing this State, or local program within 12 subgrantees that choose to weatherize multi-family buildings for which the rulemaking under Executive Order months from the date of the 12866. weatherization. Federal government has data to support the eligibility of those buildings under B. Review Under the Regulatory 3. Owner Financial Participation DOE’s Weatherization Assistance Flexibility Act Program. DOE received a comment asserting The Regulatory Flexibility Act (5 that requiring additional owner IV. Regulatory Analysis U.S.C. 601 et seq.) requires the contributions to participate in the A. Review Under Executive Order 12866 preparation of an initial regulatory weatherization program will create an flexibility analysis for any rule that by Today’s final rule has been additional and undue burden on the law must be proposed for public determined to be an economically owner. (OH Dept. of Development) This comment, unless the agency certifies significant regulatory action under that the rule, if promulgated, will not commenter added that the owner section 3(f)(1) of Executive Order 12866, contribution should be waived and have a significant economic impact on ‘‘Regulatory Planning and Review,’’ 58 a substantial number of small entities. required at the discretion of the State FR 51735 (October 4, 1993). Home Weatherization Assistance As required by Executive Order 13272, Accordingly, this action was subject to ‘‘Proper Consideration of Small Entities Program recipient, and that it also be review under that Executive Order by based on a financial analysis of the in Agency Rulemaking,’’ (67 FR 53461; the Office of Information and Regulatory August 16, 2002), DOE published housing finance agency. (OH Dept. of Affairs of the Office of Management and Development) Today’s final rule does procedures and policies on February 19, Budget (OMB). 2003, to ensure that the potential not amend the regulatory provision The American Recovery and impacts of its rules on small entities are regarding financial participation from Reinvestment Act of 2009 (Pub. L. 111– properly considered during the building owners. As stated in the 5; Recovery Act) provided $5 billion for rulemaking process (68 FR 7990). DOE regulation, a State may require financial the Weatherization Assistance Program. has made its procedures and policies participation where feasible from Funding for grants under the available on the Office of General owners of multi-family buildings. See, Weatherization Assistance Program at a Counsel’s Web site: http:// 10 CFR 440.22(d), emphasis added. level greater than $100 million makes www.gc.doe.gov. Today’s action revises C. Other Comments Received this rulemaking economically the eligibility requirements that apply to significant under the Executive Order. the administration of the Weatherization 1. Allowable Expenditures The weatherization grants provided Assistance Program grants by grantees under this program constitute transfer Some comments expressed interest in and subgrantees. Because the matter of payments. In this case, the payments are today’s action relates to grants, it is not DOE addressing the restriction that from the Government to grantees (e.g., subject to the notice and comment prohibits weatherization funds from States, units of general purpose of local provisions of the Administrative being used in buildings that have government, and community action Procedure Act. 5 U.S.C. 553(a)(2). received funding since September 30, agencies), and the payments do not Therefore, the analytical requirements 1993. 10 CFR 440.18(f)(2)(iii). The represent a change in the total resources of the Regulatory Flexibility Act do not commenters remarked that available to society. The grants do apply. Although DOE requested technological improvements and generate impacts such as weatherization comment, today’s final rule on the escalating energy prices since 1993 benefits, however, which are discussed eligibility of multi-unit buildings under justify allowing weatherization 4 qualitatively in this final rule. See OMB the Weatherization Assistance Program programs to revisit properties that is not subject to any legal requirement already received assistance. 4 It is important to note that rules that transfer Federal dollars often have opportunity costs or to publish a general notice of proposed DOE notes that the prohibition on the benefits in addition to the budgetary dollars spent rulemaking. use of weatherization funds from being because they can affect incentives, and thus lead to used in certain buildings that have changes in the way people behave (e.g., in their C. Review Under the National received funds in previous years is investment decisions). For example, OMB Circular Environmental Policy Act of 1969 A–94 suggests that transfers that result from established by statute and not subject to increased taxes may be associated with a marginal DOE has determined that today’s amendment by DOE. (See, 42 U.S.C. excess burden (deadweight loss) of 25 cents per action is covered under the Categorical 6865(c)(2)). dollar of Federal revenue collected (p. 12). Exclusion found in DOE’s National

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Environmental Policy Act regulations at and general draftsmanship under any Federal agencies to issue a Family paragraph A.6. of Appendix A to guidelines issued by the Attorney Policymaking Assessment for any rule subpart D, 10 CFR part 1021. That General. Section 3(c) of Executive Order that may affect family well-being. Categorical Exclusion applies to 12988 requires Executive agencies to Today’s final rule will not have any rulemakings that are strictly procedural, review regulations in light of applicable impact on the autonomy or integrity of such as rulemaking establishing the standards in sections 3(a) and 3(b) to the family as an institution. administration of grants. Today’s action determine whether they are met or it is Accordingly, DOE has concluded that it amends the eligibility provisions for unreasonable to meet one or more of is not necessary to prepare a Family multi-unit buildings under the them. Policymaking Assessment. Weatherization Assistance Program. The DOE has completed the required H. Review Under the Treasury and regulations will not have direct review and determined that, to the General Government Appropriations environmental impacts. Accordingly, extent permitted by law, today’s action Act of 2001 DOE has not prepared an environmental meets the relevant standards of assessment or an environmental impact Executive Order 12988. Section 515 of the Treasury and statement. General Government Appropriations F. Review Under the Unfunded Act, 2001 (44 U.S.C. 3516, note) D. Review Under Executive Order Mandates Reform Act of 1995 provides for agencies to review most 13132, ‘‘Federalism’’ The Unfunded Mandates Reform Act disseminations of information to the Executive Order 13132, 64 FR 43255 of 1995 (Pub. L. 104–4) generally public under guidelines established by (August 4, 1999), imposes certain requires Federal agencies to examine each agency pursuant to general requirements on agencies formulating closely the impacts of regulatory actions guidelines issued by OMB. OMB’s and implementing policies or on State, local, and tribal governments. guidelines were published at 67 FR regulations that pre-empt State law or Subsection 101(5) of Title I of that law 8452 (February 22, 2002), and DOE’s that have federalism implications. defines a Federal intergovernmental guidelines were published at 67 FR Agencies are required to examine the mandate to include any regulation that 62446 (October 7, 2002). DOE has constitutional and statutory authority would impose upon State, local, or reviewed today’s final rule under the supporting any action that would limit tribal governments an enforceable duty, OMB and DOE guidelines and has the policymaking discretion of the except a condition of Federal assistance concluded that it is consistent with States and carefully assess the necessity or a duty arising from participating in a applicable policies in those guidelines. for such actions. DOE has examined voluntary Federal program. Title II of today’s final rule and has determined it that law requires each Federal agency to I. Review Under Executive Order 13211 will not pre-empt State law and will not assess the effects of Federal regulatory Executive Order 13211, ‘‘Actions have a substantial direct effect on the actions on State, local, and tribal Concerning Regulations That States, on the relationship between the governments, in the aggregate, or to the Significantly Affect Energy Supply, national government and the States, or private sector, other than to the extent Distribution, or Use,’’ 66 FR 28355 (May on the distribution of power and such actions merely incorporate 22, 2001), requires Federal agencies to responsibilities among the various requirements specifically set forth in a prepare and submit to OMB a Statement levels of government. No further action statute. Section 202 of that title requires of Energy Effects for any proposed is required by Executive Order 13132. a Federal agency to perform a detailed significant energy action. A ‘‘significant assessment of the anticipated costs and energy action’’ is defined as any action E. Review Under Executive Order 12988 benefits of any rule that includes a by an agency that promulgated or is With respect to the review of existing Federal mandate which may result in expected to lead to promulgation of a regulations and the promulgation of costs to State, local, or tribal final rule, and that: (1) Is a significant new regulations, section 3(a) of governments, or to the private sector, of regulatory action under Executive Order Executive Order 12988, Civil Justice $100 million or more. Section 204 of 12866, or any successor order; and (2) Reform, 61 FR 4729 (February 7, 1996), that title requires each agency that is likely to have a significant adverse imposes on Executive agencies the proposes a rule containing a significant effect on the supply, distribution, or use general duty to adhere to the following Federal intergovernmental mandate to of energy, or (3) is designated by the requirements: (1) Eliminate drafting develop an effective process for Administrator of the Office of errors and ambiguity; (2) write obtaining meaningful and timely input Information and Regulatory Affairs regulations to minimize litigation; and from elected officers of State, local, and (OIRA) as a significant energy action. (3) provide a clear legal standard for tribal governments. For any proposed significant energy affected conduct rather than a general Today’s final rule will not impose a action, the agency must give a detailed standard and promote simplification Federal mandate on State, local or tribal statement of any adverse effects on and burden reduction. The review governments, and it will not result in energy supply, distribution, or use, required by sections 3(a) and 3(b) of the expenditure by State, local, and should the proposal be implemented, Executive Order 12988 specifically tribal governments in the aggregate, or and of reasonable alternatives to the requires that Executive agencies make by the private sector, of $100 million or action and their expected benefits on every reasonable effort to ensure that the more in any one year. Accordingly, no energy supply, distribution, and use. regulation: (1) Clearly specifies the pre- assessment or analysis is required under Today’s regulatory action will not emptive effect, if any; (2) clearly the Unfunded Mandates Reform Act of have a significant adverse effect on the specifies any effect on existing Federal 1995. supply, distribution, or use of energy law or regulation; (3) provides a clear and is therefore not a significant energy G. Review Under the Treasury and legal standard for affected conduct action. Accordingly, DOE has not General Government Appropriations while promoting simplification and prepared a Statement of Energy Effects. burden reduction; (4) specifies the Act of 1999 retroactive effect, if any; (5) adequately Section 654 of the Treasury and J. Review Under Executive Order 13175 defines key terms; and (6) addresses General Government Appropriations Executive Order 13175, ‘‘Consultation other important issues affecting clarity Act of 1999 (Pub. L. 105–277) requires and Coordination with Indian Tribal

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Governments’’ (65 FR 67249; November PART 440—WEATHERIZATION DEPARTMENT OF HOMELAND 9, 2000), requires DOE to develop an ASSISTANCE PROGRAM FOR LOW- SECURITY accountable process to ensure INCOME PERSONS ‘‘meaningful and timely input by tribal Coast Guard officials in the development of ■ 1. The authority citation for Part 440 regulatory policies that have tribal continues to read as follows: 33 CFR Part 117 implications.’’ ‘‘Policies that have tribal Authority: 42 U.S.C. 6861, et seq.; 42 [Docket No. USCG–2009–0453] implications’’ refers to regulations that U.S.C. 7101 et seq. have ‘‘substantial direct effects on one or RIN 1625–AA09 more Indian tribes, on the relationship ■ 2. Section 440.22 is amended by Drawbridge Operation Regulations; between the Federal Government and adding paragraph (b)(4) to read as Great Egg Harbor Bay, Between Indian tribes, or on the distribution of follows: Beesleys Point and Somers Point, NJ power and responsibilities between the Federal Government and Indian tribes.’’ § 440.22 Eligible dwelling units. AGENCY: Coast Guard, DHS. Today’s regulatory action is not a policy * * * * * ACTION: Final rule. that has ‘‘tribal implications’’ under (b) * * * Executive Order 13175. Today’s SUMMARY: The Coast Guard is changing (4)(i) A building containing rental regulatory action amends the eligibility the regulations that govern the operation dwelling units meets the requirements provisions applicable to multi-unit of the US Route 9/Beesleys Point Bridge of paragraph (b)(2), and paragraphs over Great Egg Harbor Bay, at mile 3.5, buildings under the Weatherization (b)(3)(ii) and (b)(3)(iv), of this section if between Beesleys Point and Somers Assistance Program. DOE has reviewed it is included on the most recent list Point, NJ. This rule will allow the today’s action under Executive Order posted by DOE of Assisted Housing and drawbridge to operate on an advance 13175 and has determined that it is Public Housing buildings identified by notice basis during specific dates and consistent with applicable policies of the U.S. Department of Housing and times of the year. The rule change will that Executive Order. Urban Development as meeting those result in more efficient use of the bridge K. Congressional Notification requirements. during dates and times of infrequent transit. (ii) A building containing rental As required by 5 U.S.C. 801, DOE will dwelling units meets the requirements DATES: This rule is effective February submit to Congress a report regarding of paragraph (b)(2), and paragraph 24, 2010. the issuance of today’s final rule prior (b)(3)(iv), of this section if it is included ADDRESSES: Comments and related to the effective date set forth at the on the most recent list posted by DOE materials received from the public, as outset of this notice. The report will of Assisted Housing and Public Housing well as documents mentioned in this state that it has been determined that buildings identified by the U.S. preamble as being available in the the rule is a ‘‘major rule’’ as defined by Department of Housing and Urban docket, are part of docket USCG–2009– 5 U.S.C. 804(2). DOE also will submit Development as meeting those 0453 and are available online by going the supporting analyses to the requirements. to http://www.regulations.gov, inserting Comptroller General in the U.S. USCG–2009–0453 in the ‘‘Keyword’’ Government Accountability Office (iii) A building containing rental box, and then clicking ‘‘Search.’’ This (GAO) and make them available to each dwelling units meets the requirement of material is also available for inspection House of Congress. paragraph (b)(2) of this section if it is or copying at the Docket Management included on the most recent list posted V. Approval of the Office of the Facility (M–30), U.S. Department of by DOE of Low Income Housing Tax Transportation, West Building Ground Secretary Credit buildings identified by the U.S. Floor, Room W12–140, 1200 New Jersey The Secretary of Energy has approved Department of Housing and Urban Avenue, SE., Washington, DC 20590, publication of today’s final rule. Development as meeting that between 9 a.m. and 5 p.m., Monday requirement and of Rural Housing through Friday, except Federal holidays. List of Subjects in 10 CFR Part 440 Service Multifamily Housing buildings FOR FURTHER INFORMATION CONTACT: If identified by the U.S. Department of Administrative practice and you have questions on this rule, call or Agriculture as meeting that requirement. procedure, Aged, Energy conservation, e-mail Sandra S. Elliott, Bridge Grant programs—energy, Grant (iv) For buildings identified under Administration Branch, Fifth Coast programs—housing and community paragraphs (b)(4)(i), (ii) and (iii) of this Guard District, telephone 757–398– 6557, e-mail [email protected]. development, Housing standards, section, States will continue to be If you have questions on viewing the Indians, Individuals with disabilities, responsible for ensuring compliance with the remaining requirements of this docket, call Renee V. Wright, Program Reporting and recordkeeping Manager, Docket Operations, telephone requirements, Weatherization. section, and States shall establish requirements and procedures to ensure 202–366–9826. Issued in Washington, DC, on January 14, such compliance in accordance with SUPPLEMENTARY INFORMATION: 2010. this section. Regulatory Information Catherine R. Zoi, * * * * * Assistant Secretary, Energy Efficiency and On June 24, 2009, we published a Renewable Energy. [FR Doc. 2010–1300 Filed 1–22–10; 8:45 am] notice of proposed rulemaking (NPRM) BILLING CODE 6450–01–P entitled Drawbridge Operation ■ For the reasons set forth in the Regulations; Great Egg Harbor Bay, preamble, DOE is amending Part 440 of between Beesleys Point and Somers chapter II of title 10, Code of Federal Point, NJ, in the Federal Register (74 FR Regulations to read as follows: 30031). We received two comments on

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the proposed rule. No public meeting and times of the year due to the Bridge opening data, supplied by the was requested, and none was held. infrequency of requests for vessel County, revealed minimal requests for openings of the drawbridge. Background and Purpose vessel openings during periods of time The U.S. Route 9/Beesleys Point that the County desires to have the The Cape May County Department of Bridge has a vertical clearance of eight bridge unmanned. The numbers of Public Works, (The County) is feet above mean high water in the openings vary from a high number of responsible for the operation of the U.S. closed-to-navigation position. The openings during the summer and a low Route 9 Bridge, at mile 3.5, across Great existing operating schedule is set out in number of openings during the winter. Egg Harbor Bay, between Beesleys Point 33 CFR 117.5, which requires the Similarly, there are very few openings and Somers Point, NJ. The County drawbridge to open promptly and fully during the hours of darkness. (See requested advance notification for for the passage of vessels when a request Table) vessel openings during specific dates to open is given.

SUMMER BRIDGE OPENINGS—MAY 15 TO SEPTEMBER 30

2003 2004 2005 2006 2007 2008

12 a.m. to 6 a.m ...... 5 6 6 4 4 0 10 p.m. to 6 a.m ...... 5 10 7 10 10 4 8 p.m. to 6 a.m ...... 25 22 16 22 18 18

WINTER BRIDGE OPENINGS—OCTOBER 1 TO MAY 14

2003 2004 2005 2006 2007 2008

12 a.m. to 6 a.m ...... 2 5 4 1 5 5 10 p.m. to 6 a.m ...... 4 5 8 1 5 9 8 p.m. to 6 a.m ...... 5 5 11 3 7 10

Due to the small number of bridge with the regulation as proposed. Discussion of Rule openings during the winter from 2003 to However, many of his commercial The Coast Guard will insert new 2008, the County requested to change customers would prefer that the bridge regulations at 33 CFR § 117.722. The the current operating regulation by be constructed for a wider horizontal draw of the U.S. Route 9/Beesleys Point requiring the draw of the bridge to open clearance. In response, the County Bridge shall open if at least two hours if at least two hours notice is given on indicated that a budget has been notice is given from October 1 to May signal from October 1 to May 14 from developed for rehabilitation of their 14 from 8 p.m. to 6 a.m., from May 15 8 p.m. to 6 a.m., and from May 15 to bridges and currently an investigation is to September 30 from 10 p.m. to 6 a.m., September 30 from 10 p.m. to 6 a.m. At under way to determine if a reasonable and from 8 p.m. on December 24 until all other times, the draw shall open on rehabilitation program can be and including 6 a.m. on December 26 of signal. undertaken to accommodate wider The County requests an additional every year; and shall open on signal at vessels. change to the operating regulations to all other times. allow the U.S. Route 9/Beesleys Point The other respondent, a local Regulatory Analyses Bridge to operate on an advance notice resident, also agreed to the proposal, on December 24 through December 26 of however, suggested that the bridge be We developed this rule after every year. This advance notice request left in the open position to vessels until considering numerous statutes and coincides with other drawbridges the bridge is reopened to vehicle traffic. executive orders related to rulemaking. operated by the County for the same The County responded that due to the Below we summarize our analysis based dates in December. potential damage, the moveable span on 13 of these statutes or executive orders. The County will install a sign on both leaves must be physically locked with faces of the bascule span indicating the cables for the span to be in an up Regulatory Planning and Review hours of operations and a two-hour position for any length of time. The cost This rule is not a ‘‘significant advance notice when the bridge is to design such a system would be unmanned. The sign will also list the regulatory action’’ under section 3(f) of excessive. However, the County expects Executive Order 12866, Regulatory County Public Works Department 24- to perform construction activity on the hour telephone number at (609) 368– Planning and Review, and does not bridge within a year and would then require an assessment of potential costs 4591. have to lower the bridge for access. In The Coast Guard believes that all of and benefits under section 6(a)(3) of that addition, the County is concerned about the changes are reasonable because the Order. The Office of Management and vandalism if no one was at the bridge drawbridge would still open during Budget has not reviewed it under that specific dates and times after the for long periods of time. Based on the Order. advance notice is given. comments received and information We expect the economic impact of provided, the Coast Guard will this rule to be so minimal that a full Discussion of Comments and Changes implement the final rule with no Regulatory Evaluation is unnecessary. The Coast Guard received two substantive changes to the NPRM. Text We reached this conclusion based on comments to the NPRM. One of the modifications are revised for clarity and the fact that these changes have only a respondents was a commercial shipyard consistency. minimal impact on maritime traffic owner who did not foresee a problem transiting the bridge. Mariners can plan

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their trips in accordance with the bridge Federal agencies to assess the effects of Technical Standards schedule to minimize delays. their discretionary regulatory actions. In The National Technology Transfer particular, the Act addresses actions Small Entities and Advancement Act (NTTAA) (15 that may result in the expenditure by a U.S.C. 272 note) directs agencies to use Under the Regulatory Flexibility Act State, local, or tribal government, in the voluntary consensus standards in their (5 U.S.C. 601–612), we have considered aggregate, or by the private sector of regulatory activities unless the agency whether this rule would have a $100,000,000 or more in any one year. provides Congress, through the Office of significant economic impact on a Though this rule will not result in such Management and Budget, with an substantial number of small entities. an expenditure, we do discuss the explanation of why using these The term ‘‘small entities’’ comprises effects of this rule elsewhere in this standards would be inconsistent with small businesses, not-for-profit preamble. applicable law or otherwise impractical. organizations that are independently Voluntary consensus standards are owned and operated and are not Taking of Private Property technical standards (e.g., specifications dominant in their fields, and This rule will not effect a taking of of materials, performance, design, or governmental jurisdictions with private property or otherwise have operation; test methods; sampling populations of less than 50,000. taking implications under Executive procedures; and related management The Coast Guard certifies under 5 Order 12630, Governmental Actions and systems practices) that are developed or U.S.C. 605(b) that this rule will not have Interference with Constitutionally adopted by voluntary consensus a significant economic impact on a Protected Property Rights. standards bodies. substantial number of small entities. This rule does not use technical This rule will affect the following Civil Justice Reform standards. Therefore, we did not entities, some of which might be small This rule meets applicable standards consider the use of voluntary consensus entities: The owners or operators of in sections 3(a) and 3(b)(2) of Executive standards. vessels needing to transit the bridge Order 12988, Civil Justice Reform, to from October 1 to May 14 from 8 p.m. minimize litigation, eliminate Environment to 6 a.m., from May 15 to September 30 ambiguity, and reduce burden. We have analyzed this rule under from 10 p.m. to 6 a.m., and from 8 p.m. Protection of Children Department of Homeland Security on December 24 until 6 a.m. on Management Directive 023–01, and December 26. We have analyzed this rule under Commandant Instruction M16475.lD This rule will not have a significant Executive Order 13045, Protection of which guides the Coast Guard in economic impact on a substantial Children from Environmental Health complying with the National number of small entities because the Risks and Safety Risks. This rule is not Environmental Policy Act of 1969 rule only adds minimal restrictions to an economically significant rule and (NEPA) (42 U.S.C. 4321–4370f), and the movement of navigation, and would not create an environmental risk have concluded that this action is one mariners who plan their transits in to health or risk to safety that might of a category of actions which do not accordance with the bridge schedule disproportionately affect children. individually or cumulatively have a can minimize delay. Indian Tribal Governments significant effect on the human Assistance for Small Entities environment. This rule is categorically Under section 213(a) of the Small This rule does not have tribal excluded, under figure 2–1, paragraph Business Regulatory Enforcement Act of implications under Executive Order (32)(e), of the Instruction. Under figure 2–1, paragraph (32)(e), of 1966 (Pub. L. 104–121), in the NPRM we 13175, Consultation and Coordination the Instruction, an environmental offered to assist small entities in with Indian Tribal Governments, analysis checklist and a categorical understanding the rule so that they because it does not have a substantial exclusion determination are not could better evaluate its effects on them direct effect on one or more Indian required for this rule. and participate in the rulemaking tribes, on the relationship between the Federal Government and Indian tribes, process. List of Subjects in 33 CFR Part 117 or on the distribution of power and Collection of Information responsibilities between the Federal Bridges. This rule calls for no new collection Government and Indian tribes. ■ For the reasons discussed in the of information under the Paperwork Energy Effects preamble, the Coast Guard amends 33 Reduction Act of 1995 (44 U.S.C. 3501– CFR part 117 as follows: 3520). We have analyzed this rule under Executive Order 13211, Actions PART 117—DRAWBRIDGE Federalism Concerning Regulations That OPERATION REGULATIONS A rule has implications for federalism Significantly Affect Energy Supply, ■ Distribution, or Use. We have 1. The authority citation for part 117 under Executive Order 13132, continues to read as follows: Federalism, if it has a substantial direct determined that it is not a ‘‘significant effect on State or local governments and energy action’’ under that order because Authority: 33 U.S.C. 499; 33 CFR 1.05–1; would either preempt State law or it is not a ‘‘significant regulatory action’’ Department of Homeland Security Delegation impose a substantial direct cost of under Executive Order 12866 and is not No. 0170.1. compliance on them. We have analyzed likely to have a significant adverse effect ■ 2. Add new § 117.722 to read as this rule under that Order and have on the supply, distribution, or use of follows: determined that it does not have energy. The Administrator of the Office implications for federalism. of Information and Regulatory Affairs § 117.722 Great Egg Harbor Bay. has not designated it as a significant The draw of the U.S. Route 9/Beesleys Unfunded Mandates Reform Act energy action. Therefore, it does not Point Bridge, mile 3.5, shall open if at The Unfunded Mandates Reform Act require a Statement of Energy Effects least two hours’ notice is given from of 1995 (2 U.S.C. 1531–1538) requires under Executive Order 13211. October 1 to May 14 from 8 p.m. to 6

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a.m., from May 15 to September 30 from Federal holidays. The telephone number box. Click ‘‘Search’’ then click on the 10 p.m. to 6 a.m., and from 8 p.m. on is 202–366–9329. balloon shape in the ‘‘Actions’’ column. December 24 until and including 6 a.m. To avoid duplication, please use only If you submit your comments by mail or on December 26 of every year; and shall one of these four methods. See the hand delivery, submit them in an open on signal at all other times. ‘‘Public Participation and Request for unbound format, no larger than 81⁄2 by Dated: January 4, 2010. Comments’’ portion of the 11 inches, suitable for copying and SUPPLEMENTARY INFORMATION section Wayne E. Justice, electronic filing. If you submit them by below for instructions on submitting mail and would like to know that they Rear Admiral, U.S. Coast Guard, Commander, comments. Fifth Coast Guard District. reached the Facility, please enclose a stamped, self-addressed postcard or [FR Doc. 2010–1264 Filed 1–22–10; 8:45 am] FOR FURTHER INFORMATION CONTACT: If envelope. We will consider all BILLING CODE 9110–04–P you have questions on this temporary interim rule, call or e-mail Ronald L. comments and material received during Houck, Sector Baltimore Waterways the comment period and may change DEPARTMENT OF HOMELAND Management Division, Coast Guard; this rule based on your comments. SECURITY telephone 410–576–2674, e-mail Viewing Comments and Documents [email protected]. If you have To view comments, as well as Coast Guard questions on viewing or submitting documents mentioned in this preamble material to the docket, call Renee V. as being available in the docket, go to 33 CFR Part 165 Wright, Program Manager, Docket http://www.regulations.gov, click on the Operations, telephone 202–366–9826. [Docket No. USCG–2009–1130] ‘‘read comments’’ box, which will then SUPPLEMENTARY INFORMATION: become highlighted in blue. In the RIN 1625–AA00 Public Participation and Request for ‘‘Keyword’’ box insert ‘‘USCG–2009– ’’ ‘‘ ’’ Safety Zone; Baltimore Captain of Port Comments 1130 and click Search. Click the ‘‘ ’’ ‘‘ ’’ Zone Open Docket Folder in the Actions We encourage you to participate in column. You may also visit either the this rulemaking by submitting AGENCY: Coast Guard, DHS. Docket Management Facility in Room comments and related materials. All W12–140 on the ground floor of the ACTION: Temporary interim rule with comments received will be posted, request for comments. Department of Transportation West without change, to http:// Building, 1200 New Jersey Avenue, SE., www.regulations.gov and will include SUMMARY: The Coast Guard is Washington, DC 20590, between 9 a.m. establishing a temporary safety zone in any personal information you have and 5 p.m., Monday through Friday, all navigable waters of the Captain of provided. except Federal holidays. We have an the Port Baltimore zone. The temporary Submitting Comments agreement with the Department of safety zone restricts vessels from If you submit a comment, please Transportation to use the Docket transiting the zone during the effective include the docket number for this Management Facility. period, unless authorized by the Captain rulemaking (USCG–2009–1130), Privacy Act of the Port Baltimore, or his designated indicate the specific section of this Anyone can search the electronic representative. This safety zone is document to which each comment necessary to protect mariners from the form of comments received into any of applies, and provide a reason for each our dockets by the name of the hazards associated with ice in the suggestion or recommendation. You navigable waterway. individual submitting the comment (or may submit your comments and signing the comment, if submitted on DATES: This temporary interim rule is material online (via http:// effective in the CFR on January 25, 2010 behalf of an association, business, labor www.regulations.gov) or by fax, mail or union, etc.). You may review a Privacy until April 15, 2010. This temporary hand delivery, but please use only one interim rule is enforceable with actual Act, system of records notice regarding of these means. If you submit a our public dockets in the January 17, notice by Coast Guard personnel comment online via http:// beginning on January 6, 2010. 2008 issue of the Federal Register (73 www.regulations.gov, it will be FR 3316). Comments and related material must considered received by the Coast Guard reach the Coast Guard on or before when you successfully transmit the Public Meeting February 24, 2010 or reach the Docket comment. If you fax, hand delivery, or We do not now plan to hold a public Management Facility by that date. mail your comment, it will be meeting. But you may submit a request ADDRESSES: You may submit comments considered as having been received by for one using one of the four methods identified by docket number USCG– the Coast Guard when it is received at specified under ADDRESSES. Please 2009–1130 using any one of the the Docket Management Facility. We explain why you believe a public following methods: recommend that you include your name meeting would be beneficial. If we (1) Federal eRulemaking Portal: and a mailing address, an e-mail determine that one would aid this http://www.regulations.gov. address, or a telephone number in the rulemaking, we will hold one at a time (2) Fax: 202–493–2251. body of your document so that we can and place announced by a later notice (3) Mail: Docket Management Facility contact you if we have questions in the Federal Register. (M–30), U.S. Department of regarding your submission. Transportation, West Building Ground To submit your comment online, go to Regulatory Information Floor, Room W12–140, 1200 New Jersey http://www.regulations.gov, click on the The Coast Guard is issuing this Avenue, SE., Washington, DC 20590– ‘‘submit a comment’’ box, which will temporary interim rule without prior 0001. then become highlighted in blue. In the notice and opportunity to comment (4) Hand delivery: Same as mail ‘‘Document Type’’ drop down menu pursuant to authority under section 4(a) address above, between 9 a.m. and 5 select ‘‘Proposed Rule’’ and insert of the Administrative Procedure Act p.m., Monday through Friday, except ‘‘USCG–2009–1130’’ in the ‘‘Keyword’’ (APA) (5 U.S.C. 553(b)). This provision

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authorizes an agency to issue a rule resources. The Commander, Coast type or shaft horsepower are without prior notice and opportunity to Guard Sector Baltimore will use his anticipated. comment when the agency for good COTP authority to promote vessel safety Regulatory Analyses cause finds that those procedures are in ice-congested waters and the ‘‘impracticable, unnecessary, or contrary continuation of waterborne commerce We developed this interim rule after to the public interest.’’ Under 5 U.S.C. throughout the cold weather months. considering numerous statutes and 553(b)(B), the Coast Guard finds that Ice fields in the Upper Chesapeake executive orders related to rulemaking. good cause exists for not publishing a Bay and its tributaries move with Below we summarize our analyses notice of proposed rulemaking (NPRM) prevailing winds and currents. Heavy based on 13 of these statutes or with respect to this rule because any ice buildups can occur in the C & D executive orders. delay encountered in this regulation’s Canal, from Town Point Wharf to Reedy Regulatory Planning and Review effective date by publishing a NPRM Point. Other areas that are commonly This rule is not a significant would be contrary to public interest. affected by high volumes of ice are, the regulatory action under section 3(f) of Immediate action is needed to mitigate Elk River, Susquehanna River, Patapsco the potential safety hazards associated Executive Order 12866, Regulatory River, Nanticoke River, Wicomico River, Planning and Review, and does not with ice in the navigable waterway to Tangier Sound, Pocomoke River and life and property. require an assessment of potential costs Sound, and the Potomac River. Once ice and benefits under section 6(a)(3) of that Under 5 U.S.C. 553(d)(3), the Coast buildup begins it can affect the transit Guard finds that good cause exists for Order. The Office of Management and of large ocean-going vessels. This Budget has not reviewed it under that making this rule effective less than 30 regulation is intended to mitigate the days after publication in the Federal Order. Although this regulation could threat ice in the COTP Baltimore zone hinder or prevent traffic from transiting Register. Due to the unexpected nature poses to the maritime public. and growth of ice formation in the the COTP Baltimore Zone, the effect of Upper Chesapeake Bay and its Discussion of Rule this regulation will not be significant because there is little vessel traffic tributaries and the Chesapeake and A safety zone is being established associated with recreational boating and Delaware (C & D) Canal, the safety zone encompassing the COTP Baltimore commercial fishing during the effective is necessary to protect life and property. Zone, as described in 33 CFR 3.25–15. period. Therefore a 30-day notice is The Captain of the Port Baltimore impracticable. anticipates only having to enforce Small Entities Background and Purpose certain parts of the regulated area at Under the Regulatory Flexibility Act During a moderate or severe winter, certain times. The purpose of this (5 U.S.C. 601–612), we have considered frozen waterways present numerous regulation is to promote maritime safety, whether this rule would have a hazards to vessels. Ice in a waterway and to protect mariners transiting the significant economic impact on a may hamper a vessel’s ability to area from the potential hazards due to substantial number of small entities. maneuver, and could cause visual aids ice conditions that become a threat to The term ‘‘small entities’’ comprises to navigation to be submerged, navigation. The COTP will notify the small businesses, not-for-profit destroyed or moved off station. Ice maritime community, via marine organizations that are independently abrasions and ice pressure could also broadcasts, of the location and thickness owned and operated and are not compromise a vessel’s watertight of the ice as well as the ability of vessels dominant in their fields, and integrity, and non-steel hulled vessels to transit through the safety zone governmental jurisdictions with would be exposed to a greater risk of depending on the prevailing ice populations of less than 50,000. hull breach. conditions. Prevailing ice conditions The Coast Guard certifies under 5 When ice conditions develop to a will be categorized as Condition One, U.S.C. 605(b) that this rule will not have point where vessel operations become Condition Two, or Condition Three. a significant economic impact on a unsafe, it becomes necessary to impose Ice Condition One is an emergency substantial number of small entities. operating restrictions to ensure the safe condition in which ice has largely This rule will affect the following navigation of vessels. A safety zone is a covered the regulated area. Under these entities, some of which may be small tool available to the Captain of the Port conditions, convoys may be required entities: The owners or operators of (COTP) to restrict and manage vessel and restrictions based on shaft vessels intending to operate, transit or movement when hazardous conditions horsepower and vessel transit may be anchor in the regulated area, from exist. The COTP Baltimore is imposed by the COTP on certain vessels January 6, 2010 until April 15, 2010. establishing a safety zone within all seeking to enter the safety zone. This safety zone will not have a navigable waters of the COTP Baltimore Ice Condition Two is an alert significant economic impact on a zone that will restrict access to certain condition in which at least 2 inches of substantial number of small entities due vessels meeting certain conditions ice begins to form in the regulated area. to a lack of seasonal vessel traffic specified. Those vessels prohibited from The COTP Baltimore may impose associated with recreational boating and entering the safety zone will be restrictions, including but not limited commercial fishing during the effective specified via broadcast notice to to, those based on shaft horsepower and period. Although the safety zone will mariners and marine safety information hull type restrictions for certain vessels apply to the entire COTP Baltimore bulletins. seeking to enter the safety zone. Zone, the Captain of the Port Baltimore Ice generally begins to form in the Ice Condition Three is a readiness anticipates only having to enforce Upper Chesapeake Bay and its condition in which weather conditions certain parts of the regulated area at tributaries, including the C & D Canal, are favorable for the formation of ice in certain times. Traffic will be allowed to in late December or early January. the regulated area. Daily reports for the pass through the zone with the During a moderate or severe winter, ice Coast Guard Stations and commercial permission of the COTP Baltimore. in navigable waters can become a vessels are monitored, and no Also, the COTP will notify the maritime serious problem, requiring the use of limitations for vessels seeking to enter community, via marine broadcasts, of Federal, State and private ice breaking the zone based on vessel traffic, hull the location and thickness of the ice, as

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well as the ability of vessels to transit Interference with Constitutionally adopted by voluntary consensus through the safety zone. Protected Property Rights. standards bodies. This rule does not use technical Assistance for Small Entities Civil Justice Reform standards. Therefore, we did not Under section 213(a) of the Small This rule meets applicable standards consider the use of voluntary consensus Business Regulatory Enforcement in sections 3(a) and 3(b)(2) of Executive standards. Order 12988, Civil Justice Reform, to Fairness Act of 1996 (Pub. L. 104–121), Environment we offer to assist small entities in minimize litigation, eliminate understanding the rule so that they can ambiguity, and reduce burden. We have analyzed this rule under Department of Homeland Security better evaluate its effects on them and Protection of Children participate in the rulemaking process. Management Directive 023–01 and We have analyzed this rule under Small businesses may send comments Commandant Instruction M16475.lD, Executive Order 13045, Protection of on the actions of Federal employees which guide the Coast Guard in Children from Environmental Health who enforce, or otherwise determine complying with the National Risks and Safety Risks. This rule is not compliance with, Federal regulations to Environmental Policy Act of 1969 an economically significant rule and the Small Business and Agriculture (NEPA) (42 U.S.C. 4321–4370f), and does not create an environmental risk to Regulatory Enforcement Ombudsman have concluded this action is one of a health or risk to safety that may and the Regional Small Business category of actions which do not disproportionately affect children. Regulatory Fairness Boards. The individually or cumulatively have a Ombudsman evaluates these actions Indian Tribal Governments significant effect on the human environment. This rule is categorically annually and rates each agency’s This rule does not have tribal responsiveness to small business. If you excluded, under figure 2–1, paragraph implications under Executive Order (34)(g), of the Instruction. This rule wish to comment on actions by 13175, Consultation and Coordination employees of the Coast Guard, call involves establishing a safety zone. with Indian Tribal Governments, An environmental analysis checklist 1–888–REG–FAIR (1–888–734–3247). because it does not have a substantial The Coast Guard will not retaliate and a categorical exclusion direct effect on one or more Indian determination are available in the against small entities that question or tribes, on the relationship between the complain about this rule or any policy docket where indicated under Federal Government and Indian tribes, ADDRESSES. or action of the Coast Guard. or on the distribution of power and Collection of Information responsibilities between the Federal List of Subjects in 33 CFR Part 165 Government and Indian tribes. Harbors, Marine safety, Navigation This rule calls for no new collection (water), Reporting and recordkeeping of information under the Paperwork Energy Effects requirements, Security measures, Reduction Act of 1995 (44 U.S.C. 3501– We have analyzed this rule under Waterways. 3520). Executive Order 13211, Actions ■ For the reasons discussed in the Federalism Concerning Regulations That preamble, the Coast Guard amends 33 Significantly Affect Energy Supply, CFR part 165 as follows: A rule has implications for federalism Distribution, or Use. We have under Executive Order 13132, determined that it is not a ‘‘significant PART 165—REGULATED NAVIGATION Federalism, if it has a substantial direct energy action’’ under that order because AREAS AND LIMITED ACCESS AREAS effect on State or local governments and it is not a ‘‘significant regulatory action’’ would either preempt State law or under Executive Order 12866 and is not ■ 1. The authority citation for part 165 impose a substantial direct cost of likely to have a significant adverse effect continues to read as follows: compliance on them. We have analyzed on the supply, distribution, or use of Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. this rule under that Order and have energy. The Administrator of the Office Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; determined that it does not have of Information and Regulatory Affairs 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. implications for federalism. has not designated it as a significant 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. Unfunded Mandates Reform Act energy action. Therefore, it does not require a Statement of Energy Effects ■ 2. Add temporary § 165.T05–1130 to The Unfunded Mandates Reform Act under Executive Order 13211. read as follows: of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of Technical Standards § 165.T05–1130 Safety zone; Baltimore their discretionary regulatory actions. In The National Technology Transfer Captain of the Port Zone. particular, the Act addresses actions and Advancement Act (NTTAA) (15 (a) Regulated area. The following area that may result in the expenditure by a U.S.C. 272 note) directs agencies to use is a safety zone: The navigable waters of State, local, or tribal government, in the voluntary consensus standards in their the Captain of the Port Baltimore Zone, aggregate, or by the private sector of regulatory activities unless the agency as described in 33 CFR 3.25–15. $100,000,000 or more in any one year. provides Congress, through the Office of (b) Regulations. All persons are Though this rule will not result in such Management and Budget, with an required to comply with the general an expenditure, we do discuss the explanation of why using these regulations governing safety zones in 33 effects of this rule elsewhere in this standards would be inconsistent with CFR 165.23(d) of this part. preamble. applicable law or otherwise impractical. (1) Vessels are prohibited from Voluntary consensus standards are entering into or moving within the Taking of Private Property technical standards (e.g., specifications safety zone unless they meet the This rule will not effect a taking of of materials, performance, design, or requirements set forth by the Captain of private property or otherwise have operation; test methods; sampling the Port (COTP) Baltimore for the taking implications under Executive procedures; and related management prevailing ice conditions. Requirements Order 12630, Governmental Actions and systems practices) that are developed or for entry during periods when the safety

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zone is enforced will be described via NATIONAL ARCHIVES AND RECORDS removal of previously installed green Marine Safety Radio Broadcast on VHF– ADMINISTRATION filters to enhance the documents’ FM marine band radio, channel 22A visibility and show the true colors of the (157.1 MHZ). Requirements may 36 CFR Part 1280 documents thereby improving the include, but are not limited to, the use [FDMS Docket NARA–09–003] visitors’ experience. For document of convoys, restrictions on shaft protection, the National Archives now horsepower, and hull type restrictions, RIN 3095–AB60 filters exhibit lighting at its source to dependent on the prevailing ice remove all ultraviolet and high energy Photography in Public Exhibit Space conditions and vessel type. visible light. One commenter suggested that the (2) Persons desiring to transit in the AGENCY: National Archives and Records inability to take photographs would safety zone not meeting the Administration (NARA). create problems for tourists and requirements established by the COTP ACTION: Final rule. professional photographers. To be clear, Baltimore must contact the COTP SUMMARY: professional photographers and Baltimore or his designated NARA has revised its members of the media will continue to representative at telephone number regulations on the use of film, be permitted to take photographs and 410–576–2693 or on VHF–FM channel photographic and videotape equipment inside the National Archives Building in video footage of the exhibits and 16 (156.8 MHZ) to seek permission prior documents on display in the NAE with to transiting the area. If permission is Washington, DC. Filming, photographing, and videotaping for special permission and with available granted, all persons and vessels shall light, e.g. without the use of any flash comply with the instructions of the personal use will be prohibited in exhibits of the National Archives or steady light source, just as they have COTP Baltimore or his designated been allowed to do in the past pursuant representative. Experience (NAE) in Washington, DC, including the Declaration of to 36 CFR 1280.52. This final rule (3) The Coast Guard vessels enforcing Independence, the Constitution and the applies only to the general public, who this safety zone can be contacted on Bill of Rights (known as the Charters of are the source of most photographic VHF–FM marine band radio channel 16 Freedom) in the Rotunda of the National flash from either accidental or (156.8 MHZ). Upon being hailed by a Archives Building. In 2003 NARA intentional action. U.S. Coast Guard vessel, or other installed exhibit cases for displaying the Another comment submitted in Federal, State, or local agency vessel, by Charters and other NAE documents to response to the proposed rule siren, radio, flashing light, or other provide better clarity for viewing the questioned whether or not camera flash means, the operator of a vessel shall exhibits. NARA seeks to ensure the was truly harmful to documents. proceed as directed. The COTP necessary protection for the documents Current flash technology generally relies Baltimore and his designated from the cumulative effects of on halogen bulbs and the flash representatives can be contacted at photographic flash and to enhance the discharge contains a significant percent telephone number 410–576–2693. overall visitor experience. of ultraviolet radiation, a high energy radiation that can cause ink to fade and (4) The COTP Baltimore or his DATES: This rule is effective February damage to paper and other supports. designated representative will notify the 24, 2010. About a million visitors come to the public of any changes in the status of FOR FURTHER INFORMATION CONTACT: National Archives exhibitions. The this safety zone by Marine Safety Radio Marilyn Redman at telephone number camera flashes that occur now, despite Broadcast on VHF–FM marine band 301–837–3174 or fax number 301–837– posted signs, add up to many thousands radio channel 22A (157.1 MHZ). 0319. per year. We estimate 50,000 flash (c) Definitions. As used in this SUPPLEMENTARY INFORMATION: On July discharges in the Rotunda annually section: 31, 2009, NARA published a proposed under present rules. The extra light and Captain of the Port Baltimore means rule in the Federal Register (74 FR ultraviolet radiation from these flashes the Commander, U.S. Coast Guard 38153) for a 60-day public comment hastens damage to the documents. Sector Baltimore, Maryland. period. This proposed rule banned all Several comments raised concerns filming, photographing and videotaping about the enactment of the proposed Designated representative means any for personal use in exhibit areas of the rule on the quality of the visitor Coast Guard commissioned, warrant, or National Archives Experience (NAE) in experience. One letter suggested that petty officer who has been authorized Washington, DC. The public comment every American needs to be encouraged by the Captain of the Port Baltimore to period closed on September 29, 2009. In to visit and photograph the documents assist in enforcing the safety zone response, NARA received comments on display. Another suggested that described in paragraph (b) of this from three private citizens. All three of NARA must make the documents section. the commenters were opposed to the accessible and available to the public, (d) Enforcement. The U.S. Coast proposed rule. and that by prohibiting photography, Guard may be assisted in the patrol and Each of the commenters suggested NARA will make its exhibits less useful enforcement of the zones by Federal, that NARA install filters to the existing to tourists because they will no longer State and local agencies. exhibit casing in order to protect the be able to record their memories. The (e) Enforcement period. This section documents from damaging exposure to commenter further claimed that visitors will be enforced from January 6, 2010 light sources. NARA used filters in are forced to shuffle past the documents until April 15, 2010. earlier exhibit cases. Although, filters at a pace that ensures only a brief can remove high energy visible light and glimpse of the documents before being Dated: January 6, 2010. ultraviolet radiation, which are the most asked to move along. Without a Mark P. O’Malley, damaging light components, they do so photograph to fall back on, their visit to Captain, U.S. Coast Guard, Captain of the by blocking some light in the blue and NAE will only be a blurry memory. Port Baltimore, Maryland. green part of the spectrum diminishing NARA does not believe that this rule [FR Doc. 2010–1265 Filed 1–22–10; 8:45 am] visibility of the display. NARA’s 2003 will create problems for tourists. The BILLING CODE 9110–04–P renovations to the Rotunda included the agency believes this rule creates a better

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visitor experience. Importantly, in 2003, images from their personal computers at Dated: January 14, 2010. NARA completed a two year renovation no cost. David S. Ferriero, of the Rotunda and constructed One final comment dealing with Archivist of the United States. additional exhibit space at the same enforcement of the proposed rule [FR Doc. 2010–1331 Filed 1–22–10; 8:45 am] time. Since the rededication of the suggested that any visitor with a BILLING CODE 7515–01–P Rotunda six years ago, visitors are no photographic device on their person longer forced to shuffle past the would be turned away and that documents at a regimented pace as the LIBRARY OF CONGRESS commenter states. Rather, visitors are overzealous security guards might subject visitors to harassment or bodily permitted to enter the Rotunda in small Copyright Office groups to view the documents in any harm. NARA can assure this commenter that those hypothetical behaviors and order they wish for as long as they wish. 37 CFR Part 202 This system permits individuals and policies will not happen. Visitors with families to study the documents and photographic devices will be allowed to [Docket No. RM 2009–3] discuss their meaning while also enter the building with their cameras, Mandatory Deposit of Published permitting visitors with limited time to cell phones, and other photographic Electronic Works Available Only satisfy their curiosity with a quick equipment. However, they will be met glance. by appropriate signage and security Online For the past five years, the staff has personnel throughout the NAE to AGENCY: Copyright Office, Library of monitored the NAE’s informal visitor explain the ‘‘no photography’’ rule. In Congress. comment log as well as letters received the event that a visitor makes the ACTION: Interim Rule. from visitors requesting and demanding mistake of displaying or attempting to that NARA eliminate all photography. use a photographic device, they would SUMMARY: The Copyright Office of the Comments such as these vastly first be warned that such behavior is not Library of Congress is adopting an outnumber those requesting permission allowed. If, after they have received a interim regulation governing mandatory for flash photography usage. The warning, they continue to ignore the ‘‘no deposit of electronic works published in requests from visitors to eliminate photography’’ rule they will be politely the United States and available only photography usually ask us to do so for escorted from the building. online. The regulation establishes that three reasons: the ultraviolet light is online–only works are exempt from detrimental to the documents; visitors List of Subjects in 36 CFR Part 1280 mandatory deposit until a demand for using cameras do not bother to look at deposit of copies or phonorecords of or read the documents; and those taking Archives and records, Federal buildings and facilities. such works is issued by the Copyright photographs keep other visitors from Office. It also states that categories of viewing the exhibits as they use ■ For the reasons set forth in the online–only works subject to demand excessive amounts of time lining up and preamble, NARA amends part 1280 of will first be identified in the regulations, blocking people from intruding into title 36, Code of Federal Regulations, as and names electronic serials as the first their camera shot. follows: such category for which demands will The National Archives serves roughly issue. In addition, the regulation sets a million visitors every year. During PART 1280—USE OF NARA forth the process for issuing and peak tourist season, the NAE can FACILITIES responding to a demand for deposit, accommodate up to 4,500 each day. amends the definition of a ‘‘complete Over the past five years, the agency has ■ 1. The authority citation for part 1280 copy’’ of a work for purposes of monitored visitor traffic flow in the continues to read as follows: mandatory deposit of online–only Rotunda of the NAE on a continual basis works, and establishes new best edition in an effort to improve the visitor Authority: 44 U.S.C. 2102 notes, 2104(a), 2112, 2903 criteria for electronic serials available experience. It has long been noted that only online. visitors with cameras disrupt and ■ 2. Amend § 1280.46 by: EFFECTIVE DATE: February 24, 2010. dramatically slow down the flow of visitors and frustrate many of the eager ■ a. Adding ‘‘and’’ to the end of FOR FURTHER INFORMATION CONTACT: visitors who are forced to wait to view paragraph (b)(1); Tanya M. Sandros, Deputy General Counsel, or Christopher Weston, our country’s founding documents. By ■ b. Removing ‘‘; and’’ from the end of Attorney Advisor, Copyright GC/I&R, eliminating all filming, photographing paragraph (b)(2) and adding a period in P.O. Box 70400, Washington, DC 20024. and videotaping by the public in the its place; and exhibit areas, NARA expects to Telephone: (202) 707–8380. Telefax: ■ eliminate delays, and provide its c. Redesignating paragraph (b)(3) as (202)–707–8366. visitors with a more rewarding paragraph (c) and revising it to read as SUPPLEMENTARY INFORMATION: The experience. For those visitors who wish follows: fundamental goal of this rulemaking to take home an image of the § 1280.46 What are the rules for filming, proceeding is to establish a qualified documents, the National Archives Shop photographing, or videotaping on NARA exemption from the mandatory deposit has facsimiles of various sizes and price property for personal use? requirement of 17 U.S.C. 407 for works ranges available for purchase. NARA available only online. In July 2009, the * * * * * also provides visitors with the ability to Copyright Office published a Notice of access and print digital images of the (c) You may not film, photograph, or Proposed Rulemaking in the Federal documents from the Boeing Learning videotape in any of the exhibit areas of Register, 74 FR 34286 (July 15, 2009), Center free of charge. Finally, NARA has the National Archives Building in seeking public comment on proposed posted high quality images of Washington, DC, including the Rotunda amendments to its mandatory deposit documents on display at the NAE on its where the Declaration of Independence, regulations at 37 CFR 202.19 and Web site http://www.archives.gov; the Constitution, and the Bill of Rights 202.24, and Appendix B of Chapter 37. visitors can download or print these are displayed. The notice proposed an exemption from

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mandatory deposit for all published only works to notify the Library upon ‘‘two or more editions of the same online–only works until the Library publication of a new work, although the version of a work have been published.’’ identifies a particular category of such Office may again consider the question At that time, the Copyright Office also works as being subject to a deposit when expanding the categories of adopted a regulation exempting demand by the Copyright Office. Once online–only works subject to a machine–readable literary works from a category of online–only works is mandatory deposit demand. mandatory deposit. Copies of machine– identifed, the Copyright Office may The rule is interim, and not final, readable works were not widely issue demands upon the publisher that because the Office anticipates that the marketed to the public and the Library a single electronic copy be deposited experience of issuing and responding to had no interest in collecting these within three months. The Office demands for online–only works will works, so it decided not to require their identified ‘‘electronic serials,’’ a term raise additional issues that should be deposit. However, in 1989, in response that the notice also proposed to define, considered before the regulation to the increased use of databases and as the initial category subject to the becomes final, e.g., the technical details computer programs distributed in CD– qualified exemption. The notice also of how an online–only work should be ROM and other formats and an proposed a demand issuance and transmitted to the Copyright Office. increased demand by Library users for response procedure, a definition of the Thus, the Office will provide an these works, the Copyright Office term ‘‘complete copy’’ specific to opportunity for additional comment amended the machine–readable copies online–only works, and a new best later in 2010 in order to consider exemption so that machine–readable edition statement for electronic serials. amendments to address problems or works published in physical form were Finally, the Notice sought public issues yet to be identified. subject to mandatory deposit, and only ‘‘automated databases available only comment on the practical and legal I. Background concerns associated with the adoption online in the United States’’ were of a requirement for publishers of Under section 407 of the Copyright exempted. 54 FR 42295 (Oct. 16, 1989). online–only works to notify the Library Act of 1976, Title 17 of the United The Copyright Office identified the upon the publication of a new online– States Code, the owner of copyright, or exempted category of works as such to only work in the United States. of the exclusive right of publication, in refer to all online–only publications The Office received seven initial a work published in the United States since, for all practical purposes, the comments and, after an extension of the is required to deposit two complete only works being published online in reply deadline, three reply comments. copies (or, in the case of sound 1989 were automated databases, e.g., The initial comments were from Bose recordings, two phonorecords) of the Westlaw and Nexis. As other categories McKinney & Evans LLP, the American best edition of the work with the of works, such as articles and serial Society of Media Photographers Copyright Office for the use or titles, began to be published only (ASMP), the Association of American disposition of the Library of Congress. online, the Copyright Office included Publishers, Inc. (AAP), the American The deposit is to be made within three them in the exempted category because Library Association with the months after such publication. Failure the Library in the early 1990s had Association of Research Libraries (ALA– to make the required deposit does not neither the intention nor the technology ARL), the Software & Information affect copyright in the work, but it may to collect such works, and it also Industry Association (SIIA), the subject the copyright owner to fines and continued to use the term ‘‘automated Professional Photographers of America other monetary liability if the owner databases available only on–line in the (PPA), and the Newspaper Association fails to comply after a demand for United States’’ as a matter of of America (NAA). Reply comments deposit is made by the Register of convenience. Hence, Copyright Office were received from Patrice Lyons, an Copyrights. These general provisions, practice to date has been to interpret attorney; West, a publisher of works for however, are subject to limitations. ‘‘automated databases available only the legal industry; and the ALA–ARL. Section 407 provides that the Register of online in the United States’’ broadly as All comments are available for viewing Copyrights ‘‘may by regulation exempt encompassing all electronic works at http://www.copyright.gov/docs/ any categories of material from the published only online. online–only/. deposit requirements of this section, or Much has changed in the twenty years Of the comments that directly require deposit of only one copy or that have passed since the adoption of addressed issues presented by the phonorecord with respect to any the regulation used to exclude notice, most were generally favorable categories.’’ 17 U.S.C. 407(c). electronic works published in the toward the Office’s proposal. However, Accordingly, in 1978 the Copyright United States and available only online the commenters did raise questions Office, with the approval of the from mandatory deposit. In that time, regarding the method of deposit, Librarian of Congress, established the Internet has grown to become a definitions of certain terms, user access regulations governing mandatory fundamental tool for the publication to deposited works, and the proposed deposit, which are set forth in Chapter and dissemination of millions of works publisher notification requirement, II, Part 202 of Title 37 of the Code of of authorship. To cite just one pertinent among others. Federal Regulations. Section 202.19 example, the Library has determined The Copyright Office, in consultation establishes the standards governing that there are now more than five with the Library of Congress, has mandatory deposit of copies and thousand scholarly electronic serials thoroughly considered these comments, phonorecords published in the United available exclusively online, with no and determined that the amendments States for the Library of Congress, and print counterparts. In some cases the will be adopted as an interim rule section 202.21 allows for a deposit of Library has purchased subscriptions to largely as proposed, with some changes identifying material in lieu of copies or these periodicals, but such as described in the Discussion section phonorecords in certain cases, for both subscriptions are typically ‘‘access below. In addition, the Office and the mandatory deposit and registration only,’’ and rarely allow the Library to Library have determined that it is deposit. In addition, the Library of acquire a ‘‘best edition’’ copy for its unnecessary at this interim phase of the Congress’s Best Edition Statement in collections. However, the current rulemaking process to impose a Appendix B of Part 202 specifies the inability of the Library to acquire requirement for publishers of online– required deposit in instances where online–only works through mandatory

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deposit places the long–term regulation promulgated by this notice is same rationale applied by the Library. preservation of the works at risk. consistent with all of the above aspects While serials encompass everything Thus, to fulfill its mission to sustain of the notice of proposed rulemaking. from scholarly journals to daily and preserve a universal collection of The rule establishing a qualified newspapers to semiweekly newsletters, knowledge, and to inform Congress, the mandatory deposit exemption for the Library’s demands for electronic Library is currently developing online–only works seeks to balance the serials initially will be restricted to technological systems that will allow it current needs of the Library of Congress journals that publish no more often than to ingest electronic works, including against the imposition of a mandatory weekly, and have the same, or similar, those available exclusively online, and requirement on all copyright owners of appearance, formatting, and regular maintain them in formats suitable for works published exclusively online to issue schedule as print journals. long–term preservation. In addition, the deposit one complete copy of the best However, West did request that the Copyright Office is amending the edition. By exempting published electronic serials definition be revised mandatory deposit regulations to enable electronic works available only online so that it cannot be read to cover the on–demand mandatory deposit of until a demand is made, the qualified databases or blogs. In response, the electronic works published in the exemption addresses the practical Office notes that the definition in the United States and available only online difficulties of acquiring works interim rule has been revised to say that (i.e., not published in physical form). published in non–physical formats, an electronic serial must be ‘‘issued or To date, mandatory deposit of works ensures that the Library will only intended to be issued on an established in physical formats has been one of the receive those works that it needs for its schedule, in successive parts bearing most important methods for building collections, and reduces the burden on numerical or chronological the Library’s collections and making it copyright owners, who will only have to designations, without subsequent the world’s largest repository of deposit those works demanded by the alterations.’’ This limitation, the Office knowledge and creativity. With the Copyright Office. believes, does in fact exclude works like adoption of this amendment, mandatory Commenters were generally databases and blogs that are constantly deposit will apply in a measured and supportive of the Office’s goal of a updated with no demarcations between balanced way to works offered only in qualified exemption for online–only particular, discrete issues of the the digital environment as well. works, with one stating that it appeared publication. II. Discussion to be ‘‘sensible and non–controversial.’’ SIIA also commented on the definition of electronic serials. It opined In its July 15 notice, the Copyright AAP Comment at 2. However, they also that the use of ‘‘etc.’’ in the last sentence Office proposed that the current raised a number of questions concerning of the definition of electronic serials § 202.19(c)(5) exemption be amended so the scope of the term ‘‘electronic may cause it to be read too broadly. See that all electronic works published in serials,’’ the process for responding to SIIA comment at 6–7. The Office the United States and available only deposit demands, the inclusion of disagrees. The Office notes that ‘‘etc.’’ online enjoy a qualified exemption from metadata and formatting codes in mandatory deposit, which means that deposit copies, user access to deposit only extends the list of publications any work in this class would be exempt copies of online–only works, and the issued by societies, and not the larger until the Copyright Office issues a nature of publication on the Internet. list of electronic serials. However, there ‘‘ demand for its deposit. This revised Commenters also responded to the is no harm in replacing it with and exemption would apply to all published Office’s request for reactions to the other publications,’’ which is how the electronic works available only online. concept of requiring publishers of interim rule now reads. Commenters also requested additional The exemption would apply to serials, online–only works to provide notice to definitions to clarify the category of monographs, sound recordings, the Library upon publication of a new electronic serials or questioned the use automated databases, cartography, and work as a mechanism for identification of other terms in the context of this rule. all other categories of electronic works. of the works that exist in this format. Specifically, Patrice Lyons commented Furthermore, because the revised These issues, along with the related that the exempted category ‘‘electronic exemption would apply exclusively to changes incorporated into the interim works,’’ (of which ‘‘electronic serials’’ is published online–only works, there rule, are discussed in the sections that a subset), is problematic because it would be no need to retain the current follow. implies a lack of the ‘‘fixation in a list of machine–readable works in Category–by–Category Demands, tangible medium of expression’’ physical formats to which the Beginning with Electronic Serials required for copyright protection. Lyons exemption did not apply. Finally, the comment at 1–2. She suggests instead notice emphasized that the revised As explained in the July 15 notice, the the term ‘‘digital object.’’ Id., at 2.2 exemption would not apply to those initial category of online–only works The works published in both physical and that will be subject to demand deposit Office does not agree that introducing online formats. These works, because is ‘‘electronic serials.’’ (‘‘This class new terminology is necessary. The they are not published ‘‘only’’ online, includes periodicals; newspapers; interim regulation must be understood were never exempted from mandatory annuals; and the journals, proceedings, 2 The Copyright Act states that ‘‘a work is ‘fixed’ deposit by § 202.19(c)(5).1 The interim transactions, etc. of societies.’’) In its comments, West supported the in a tangible medium of expression when its embodiment in a copy or phonorecord, by or under 1 Note that the Library’s current Best Edition decision to begin with electronic serials the authority of the author, is sufficiently Statement for ‘‘Works Existing in More Than One because they ‘‘appear to be analogous to permanent or stable to permit it to be perceived, Medium’’ does not currently list electronic formats. print serials which are printed in reproduced, or otherwise communicated for a See, e.g., 37 CFR 202.20(b)(1) ‘‘For purposes of this separate, successive discrete editions.’’ period of more than transitory duration. A work section, if a work is first published in both hard consisting of sounds, images, or both, that are being copy, i.e., in a physically tangible format, and also West comment at 2. This is, in fact, the transmitted, is ‘‘fixed’’ for purposes of this title if a in an electronic format, the current Library of fixation of the work is being made simultaneously Congress Best Edition Statement requirements edition’’ and it may decide at a future time that, with its transmission.’’ 17 U.S.C. 101. A fixed work pertaining to the hard copy format apply.’’) when a particular work is published in both print may be perceived, reproduced, or otherwise Nevertheless, the Library of Congress retains the and electronic editions, the electronic edition is the communicated ‘‘either directly or with the aid of a authority to determine what constitutes ‘‘best ‘‘best edition’’ for purposes of mandatory deposit. machine or device.’’ 17 U.S.C. 102(a).

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in the context of the overall body of comment at 7. However, in order to Office has determined that transmitting copyright regulations, where works correct a minor technical error, the duplicate electronic files presents a risk embodied in digital files are described reference to ‘‘OpenXML’’ in section of slowing down the electronic ingest as ‘‘electronic’’ in contrast to works fixed IX.A.1.c.ii of Appendix B has been system of the Library, particularly in the in materials that are ‘‘physically changed to ‘‘Office OpenXML.’’ As case of a work consisting of a single tangible.’’ See 37 CFR 202.20(b)(1). In stated in the July 15 notice, best edition large file or of many small files. this context, ‘‘electronic’’ clearly does criteria for other categories of electronic Nevertheless, the Library may allow two not mean ‘‘unfixed.’’ While online–only works published in the United States on–site users to simultaneously access digital files may not be visible or and available only online will follow as the single copy of an online–only work. perceptible to touch they are still fixed new categories become subject to This achieves, in an efficient and in a tangible medium of expression by demand deposit. flexible manner, the statute’s goal of virtue of their embodiment on a The Copyright Act states that the ‘‘best providing two copies of a published computer’s hard drive, on a server, or on edition’’ of a work ‘‘is the edition, work to the Library of Congress. As the any other device that allows them to be published in the United States at any only commenter to opine on the single communicated.3 However, the Office time before the date of deposit, that the copy requirement, the SIIA indicated its agrees that the term ‘‘electronic works’’ Library of Congress determines to be agreement with it. See SIIA comment at presents some ambiguity as to fixation most suitable for its purposes.’’ 17 7. in tangible medium, in that it suggests U.S.C. 101. In other words, an edition of On the other hand, commenters did that the nature of the work itself is a work, no matter its quality, is not the raise questions and express concerns electronic, as opposed to the intended ‘‘best edition’’ unless it has been about the method, form, version, meaning that the work is merely fixed published. Thus, if the published format frequency, and format of depositing and published in an electronic format. of a demanded electronic serial does not copies of online–only works with the Thus, the interim rule defines the term meet any of the best edition criteria, the Copyright Office in response to a in the mandatory deposit context as publisher is still obligated to send a demand. The Office believes, at least for ‘‘works fixed and published solely in an copy of the serial in whatever form it is the purposes of this interim rule that electronic format.’’ published. Furthermore, the Copyright these issues will require a flexible ASMP commented that ‘‘electronic,’’ Office may not require that a rights– approach and are not currently suited to along with the words ‘‘digital’’ and holder deposit an edition of the work resolution via this rulemaking. The ‘‘online’’ must be ‘‘clearly defined’’ in the that has not been published. present interim rule is an early step in the Library’s program of acquiring regulation. ASMP comment at 3. While Demand Deposit Process the Copyright Office agrees that online–only works, and the Library The process by which the Copyright requires more information and definitions of terms are useful in some Office will demand electronic serials is cases, it believes that definitions also experience with electronic publications similar to that used to demand other before considering specific regulations have the potential to unintentionally published works under 17 U.S.C. obfuscate or limit common to govern the demand deposit process. 407(d). Once a category of works is That said, rights–holders should note understandings. The three terms ASMP identified as being subject to demand that the Best Edition Statement for cites appear throughout Title 17 and the under the qualified exemption of electronic serials contains detailed Office’s regulations without definition, § 202.19(c)(5), the Copyright Office may technical standards for the preferred and this state of affairs has not caused make a demand on the owner of deposit formats, and should be confusion or controversy. The Copyright copyright or of the exclusive right of consulted in the event an online–only Office is concerned that defining them publication for a single complete copy work exists in more than one version. solely for the purpose of the present of a work in that category, for any such Regarding the possibility raised by SIIA interim rule would have unintended work published on or after the date that and NAA of a rights–holder providing a consequences. Furthermore, the terms this proposed regulation goes into effect. direct feed to the Copyright Office, this ‘‘ ’’ ‘‘ ’’ electronic and digital appear in the The owner of copyright or of the is one option that may be explored once statute and the current regulations exclusive right of publication will have the demand deposit system is exclusively as modifiers (e.g., three months from the date of receipt of operational and adjustments are made. ‘‘electronic transmission,’’ ‘‘digital the notice in which to make the deposit, However, the Copyright Office is networks’’), making their definition as in keeping with the time period allotted unprepared at this time to implement a stand–alone terms potentially by statute for deposit of the best edition regulation allowing rights–holders to confusing. Moreover, there is no need to of a published work not subject to an meet their mandatory deposit define the term ‘‘digital’’ because it in exemption. See 17 U.S.C. 407(a). The obligations by providing a website link fact does not appear in the present regulation also includes a provision to the Office so that the Office may interim rule at all. allowing special relief to accommodate, download an electronic serial itself. The Best Edition Statement for example, situations where a Library recognizes that this approach publisher may need more time to make represents an attractive alternative to Regarding the proposed Best Edition the deposit or wishes to arrange for publishers of works made available Statement for electronic serials, the alternative means of making a deposit. online, but it needs to examine the issue Office received one approving comment Special relief, however, is granted at the in more depth before considering (from SIIA) and no criticisms. See SIIA discretion of the Library. including a link–and–download option The mandatory deposit provision in in the regulations. Thus, for the 3 The proposition that electronic works are sufficiently ‘‘fixed’’ on the computers where they the copyright law grants the Copyright immediate future, such an arrangement originate so as to be copyrightable has been ratified, Office authority to reduce the required should be a matter of special relief. albeit tacitly, by numerous courts. See, e.g. London– number of deposit copies from two to The question of frequency of deposits Sire Records, Inc. v. Doe 1, 542 F. Supp. 2d 153, one. See 17 U.S.C. 407(c)(1). Pursuant to was also raised by SIIA in the context 170–71 (D. Mass, 2008); A&M v. Napster, 239 F.3d 1004, 1014 (9th Cir., 2001); Marobie–Fl., Inc. v. this authority, the interim rule states of publishers who might want to delay National Ass’n of Fire Equip. Distribs., 983 F. Supp. that only a single copy or phonorecord depositing issues of their serials for 1167, 1177–78 (N.D. Ill, E. Div., 1997). of a demanded work is required. The business reasons. See SIIA comment at

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4. Unless a publisher decides to deposit difficult to assemble and transmit to the published both electronically and in its online–only serials via group Copyright Office as part of a single print. registration,4 it must deposit the work work, particularly for interactive works Access to Deposit Copies with the Library within three months of where elements exist on multiple receipt of the demand notice, and it is servers for short periods of time and are As the AAP points out, online–only expected that each issue of a demanded regulated with digital management works may be regulated with digital serial will be deposited with the technology. AAP comment at 3. Patrice management technology. The Copyright Copyright Office thereafter as is the Lyons also noted the problem of Office acknowledges that many current practice, without the need for dispersed elements of a work, and publishers rely on such technology to additional demand notices. The suggested adding ‘‘information prevent unauthorized access to or use of mandatory deposit requirement does not management system used to structure their works. However, copies of works vary by business model, and the and identify’’ to the definition of submitted to the Copyright Office under Library’s need for timely deposits of ‘‘complete copy.’’ Lyons comment at 3. this interim rule must be accessible to serials does not change depending upon As has been stressed in this notice, the Office, the Library, and the Library’s the format in which a serial is the Library and Copyright Office will be users. Thus, the following provision has published. focusing their initial demands on the been added to the regulation’s demand Standards regarding the specific subset of electronic serials that are deposit conditions in § 202.24: ‘‘Copies method of transmission of online–only analogous to print journals. This means or phonorecords deposited in response works will be developed by the that the works will be self–contained to a demand must be able to be accessed appropriate divisions of the Library and documents with no ability for the user and reviewed by the Copyright Office, the Copyright Office, in consultation to affect the content. The Office Library of Congress, and the Library’s with rights–holders as warranted. These recognizes that future demands for authorized users on an ongoing basis.’’ standards will be posted on the online–only newspapers, web sites, and In addition, the Best Edition Statement Copyright Office website other categories may require for electronic serials has been revised so (www.copyright.gov) and depositors adjustments to what constitutes a that the final criterion now reads, will be able to contact the Office by ‘‘complete copy.’’ This is one of the ‘‘Technological measures that control telephone with any questions. reasons that, as the Library expands its access to or use of the work should be collection of online–only works to other removed.’’ Complete Copy categories, the Office will seek public In its July 15th notice, the Office The interim rule clarifies that a comment before adding a new category stated that ‘‘the Library will . . . establish ‘‘complete copy’’ of a published to § 202.19(c)(5) as being subject to policies and practices to insure the electronic work available only online demand. security and integrity of its electronic includes the associated metadata and On the related question of what collections, and to provide appropriate, formatting codes that make up the unit constitutes an online–only work, the limited access as allowed by law.’’ AAP, of publication. Section 407 of Title 17 NAA argues that, without a definition of West, and SIIA asked for more detailed requires the deposit of a complete copy ‘‘online–only,’’ the term creates information regarding user access of the best edition of a work published uncertainty as to whether a newspaper’s restrictions, specifically regarding in the United States. Section website is sufficiently different from the downloading, distribution, and 202.19(b)(2) of the Copyright Office print version so as to constitute a interlibrary loan functionality. See AAP regulations defines a ‘‘complete copy’’ of separate, online–only work. NAA comment at 2–3, West comment at 2–3, a work for purposes of mandatory comment at 7. In response, the Office SIIA comment at 6. The Library and the deposit as one that ‘‘includes all notes that the interim regulation does Copyright Office recognize that elements comprising the unit of exclude works published in both electronic works, because of their ease publication of the best edition of the physical and online editions from the of reproduction and distribution, work, including elements that, if definition of ‘‘online–only’’ in the last present special security concerns. For considered separately, would not be sentence of section 202.19(c)(5) (‘‘This this reason, access to these works will copyrightable subject matter or would exemption does not apply to works that be available only to authorized users at otherwise be exempt from mandatory are published in both online, electronic the Library of Congress (including its deposit requirements under paragraph formats and in physical formats, which Packard Campus for Audio–Visual (c) of this section.’’ Published electronic remain subject to the appropriate Conservation in Culpeper, VA and its works often contain elements such as mandatory deposit requirements.’’) In National Library Service for the Blind metadata and formatting codes that, addition, the NAA itself points to the and Physically Handicapped at the while they are not perceptible to the Library’s Best Edition Statement Taylor Street Annex in Washington, DC) naked eye or ear, are part of the unit of guidance that if two editions of a work and Capitol Hill facilities in accordance have ‘‘variations in copyrightable with the policies listed below. publication. These elements are also • critical for continued access to and content, then each edition is a separate Access to electronic works received ’’ preservation of a work once it is work. 37 CFR Ch.II, Part 202, App. B. through mandatory deposit will be as deposited. In other words simply publishing the similar as possible to the access same content in both print and provided to analog works. Neither NAA, ASMP, nor SIIA • opposed including metadata and electronic formats does not create two Access to electronic works received formatting codes in the definition of separate copyrightable works. This through mandatory deposit will be ‘‘complete copy.’’ See NAA comment at guidance can, the Office believes, be limited, at any one time, to two Library profitably applied to print and online of Congress authorized users. 20, ASMP comment at 2–3, SIIA • comment at 7. However, AAP expressed versions of a newspaper, but recognizes Library of Congress authorized concern that these elements may be the possibility of the need to revisit this users will access the electronic works issue at a later date. The Library, via a secure server over a secure 4 The regulations for group registration of serial however, will not initially be network that serves Capitol Hill titles are at 37 CFR 202.3(b)(6)(v) and 37 CFR demanding online–only newspapers, or facilities and remote Library of Congress 202.20(c)(xvii). the online–only content of newspapers locations. The term ‘‘Library of Congress

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authorized users’’ includes Library staff, experience with electronic serials, and hard drives which are, as discussed contractors, and registered researchers, other categories of online–only work are above, material objects, and thus the and Members, staff and officers of the removed from the exemption and files meet the ‘‘copies’’ requirement of U.S. House of Representatives and the become subject to demand, the issue of publication and distribution. To the U.S. Senate. The Library will not make the most efficient and comprehensive extent that Ms. Lyons is questioning the copyrighted works available to the way to make the Library aware of what whether publication can take place by public over the Internet without rights online–only works are available will means of electronic transmission, that holders’ permissions. likely be raised again. issue has also been settled. In New York • Authorized users may print from On the subject of publication, Patrice Times Co. v. Tasini, 533 U.S. 483 (2001), electronic works to the extent allowed Lyons also queried whether works the Supreme Court concluded that by the fair use provisions of the available only online are truly online databases that made copies of copyright law (17 U.S.C. 107 and ‘‘published’’ within the meaning of the articles available electronically 108(f)), as is the case with traditional Copyright Act. Section 101 of title 17 ‘‘reproduce and distribute’’ copies of publications. However, users may not defines ‘‘publication’’ as: ‘‘The those articles. Cases involving peer–to– reproduce or distribute (i.e., download distribution of copies or phonorecords peer file–sharing on the Internet have or email) copies of deposited electronic of a work to the public by sale or other also recognized that online transmission works until the Library has explored the transfer of ownership, or by rental, constitutes distribution. See Metro– advisability of permitting these options lease, or lending. The offering to Goldwyn–Mayer v. Grokster, 545 U.S. and the security and feasibility of the distribute copies or phonorecords to a 913 (2005) (noting that ‘‘peer–to–peer implementing technologies. As part of group of persons for purposes of further networks are employed to store and this process, the Library will seek distribution, public performance, or distribute electronic files‘‘ and that comment from the public, including public display, constitutes publication. peer–to–peer software ‘‘enabled users to copyright owners and publishers, before A public performance or display of a reproduce and distribute the adopting additional policies governing work does not of itself constitute copyrighted works in violation of the electronic copying or distribution by publication.’’ It defines ‘‘copies’’ as Copyright Act.’’); London–Sire Records, electronic transmission. ‘‘material objects, other than Inc. v. Doe 1, 542 F. Supp. 2d 153, 170– phonorecords, in which a work is fixed ‘‘ Notice of Publication 172 (D. Mass, 2008) (stating that an by any method now known or later electronic file transfer is plainly within The interim rule does not include a developed, and from which the work the sort of transaction that § 106(3) [the requirement that rights–holders notify can be perceived, reproduced, or distribution right] was intended to the Library of Congress upon the otherwise communicated, either directly reach.’’). Because ‘‘[u]nder the definition publication of a new electronic serial, or or with the aid of a machine or device. in section 101, a work is ‘published’ if any online–only work, in the United The term ‘copies’ includes the material one or more copies or phonorecords States. The Copyright Office requested object, other than a phonorecord, in embodying it are distributed to the comments on whether such a which the work is first fixed.’’ 17 U.S.C. public,’’ H.R. Rep. No. 96–1976, at 138 requirement would be necessary, 101.5 These definitions led Ms. Lyons to (1976), it follows that the electronic prudent, or consistent with the Office’s challenge the assumption that a transmission of copies of a work to the authority as granted by 17 U.S.C. 407. publication takes place when ‘‘a work public, as addressed in the distribution All commenters who addressed this represented in digital form is made context in Tasini and Grokster, question did so in the context of available, publicly and/or privately in constitutes publication of that work. whether it would be necessary or an internet environment, but no prudent. These commenters opposed physical copy changes hands.’’ Lyons Comments Outside of the Scope of the Rulemaking the requirement on the grounds that it comment at 2. Ms. Lyons also expressed would be too burdensome to rights– concern that treating online–only works A number of commenters raised holders, particularly those who publish as publications might ‘‘have issues related to but outside of the scope new works on a frequent basis. Some implications on other sections of the of mandatory deposit for online–only also asserted that the Library alone U.S. Copyright Law, in particular, what works. Specifically, comments from should bear the responsibility of rights are implicated when a BME, NAA, ASMP, and PPA regarding researching electronic serials, copyrighted work is made available in copyright registration cannot properly particularly given the numbers of small an Internet environment, but no be addressed in a mandatory deposit publishers who would likely remain physical object, i.e., copy, changes rulemaking. Comments seeking a ignorant of the rule. AAP objected that hands.’’ Id. As an alternative, she permanent exemption for mandatory there was not enough detail about how suggested that the public performance deposit for photographs and databases the requirement would be administered right may ‘‘play an important role in this are more appropriately raised when and for it to address the issue. AAP context.’’ Id. if the Copyright Office proposes making comment at 3. ASMP suggested that As a threshold matter, it appears those categories subject to demand. See registration applications could contain a well–settled electronic files are ‘‘fixed’’ PPA comment at 3; West comment at 4– field indicating whether a work is in the sense that they reside on server 5. Similarly, ASMP’s request for a online–only, and that the Library could reevaluation of the best edition generate a list from these applications of 5 ‘‘Phonorecords’’ are similarly defined as requirement regarding works published works to demand. ASMP comment at 2. ‘‘material objects in which sounds, other than those in both print and electronic formats goes The Copyright Office believes that the accompanying a motion picture or other beyond the immediate questions raised audiovisual work, are fixed by any method now question of a notice requirement need known or later developed, and from which the in the notice. See ASMP comment at 2. not be addressed in the present sounds can be perceived, reproduced, or otherwise Indeed, the notice specifically stated rulemaking. As indicated in the July communicated, either directly or with the aid of a that the proposed regulation would not 15th notice, there currently exists an machine or device. The term ‘phonorecords’ apply ‘‘to those works published in both includes the material object in which the sounds ’’ adequate level of bibliographic control are first fixed.’’ 17 U.S.C. 101. For convenience, this physical and online formats. 74 FR, at over electronic serials. However, as the notice uses ‘‘copies’’ to refer to both copies and 34287. ASMP also proposed that the Copyright Office and the Library gain phonorecords. regulation set standards for the medium,

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security devices, and metadata for a annuals, and the journals, proceedings, appropriate officials of the Library of copy of a deposited online–only work to transactions, and other publications of Congress and upon such conditions as be provided by the Library to a litigant. societies. the Register may determine after such See id. at 3. This topic is out–of–scope (c) * * * consultation, as well. (5) Electronic works published in the (i) Extend the time period provided in Finally, SIIA and West comment that United States and available only online. section 407(d) of Title 17; fines for noncompliance with a demand This exemption includes electronic (ii) Permit the deposit of incomplete should be imposed on a per–serial, serials available only online only until copies or phonorecords; or rather than a per–work basis, is actually such time as a demand is issued by the (iii) Permit the deposit of copies or a question of statutory change beyond Copyright Office under the regulations phonorecords other than those normally the purview of this or any rulemaking. set forth in § 202.24 of these regulations. comprising the best edition. While section 407 does grant the This exemption does not apply to works (2) Any decision as to whether to Register of Copyrights the discretion that are published in both online, grant such special relief, and the whether to impose a fine at all, it does electronic formats and in physical conditions under which special relief is not grant her the discretion to determine formats, which remain subject to the to be granted, shall be made by the on what basis a fine may be imposed. appropriate mandatory deposit Register of Copyrights after consultation requirements. with other appropriate officials of the List of Subjects in 37 CFR Part 202 * * * * * Library of Congress, and shall be based Copyright, Registration of claims to ■ 3. Add a new § 202.24, as follows: upon the acquisition policies of the copyright. Library of Congress then in force. § 202.24 Deposit of published electronic Interim Regulation (3) Requests for special relief under works available only online. this section shall be made in writing to ■ In consideration of the foregoing, the (a) Pursuant to authority under 17 the Copyright Acquisitions Division, Copyright Office amends part 202 of 37 U.S.C. 407(d), the Register of Copyrights shall be signed by or on behalf of the CFR as follows: may make written demand to deposit owner of copyright or of the exclusive right of publication in the work, and PART 202 – PREREGISTRATION AND one complete copy or a phonorecord of shall set forth specific reasons why the REGISTRATION OF CLAIMS TO an electronic work published in the request should be granted. COPYRIGHT United States and available only online upon the owner of copyright or of the * * * * * ■ 1. The authority citation for part 202 exclusive right of publication in the ■ 4. Amend Part 202, Appendix B as continues to read as follows: work, under the following conditions: follows: Authority: 17 U.S.C. 702. (1) Demands may be made only for ■ a. By redesignating section IX as ■ 2. Amend § 202.19 as follows: works in those categories identified in section X; and ■ a. By adding a new sentence at the § 202.19(c)(5) of these regulations as ■ b. By adding a new section IX. end of the undesignated paragraph being subject to demand. The revision to Part 202, Appendix B following paragraph (b)(2)(ii); (2) Demands may be made only for reads as follows: ■ b. By adding a new paragraph (b)(4); works published on or after February ‘‘ ’’ and 24, 2010. Appendix B to Part 202 – Best Edition ■ c. By revising paragraph (c)(5). (3) The owner of copyright or of the of Published Copyrighted Works for the The additions and revisions to exclusive right of publication must Collections of the Library of Congress § 202.19 read as follows: deposit the demanded work within * * * * * IX. Electronic Works Published in the § 202.19 Deposit of published copies or three months of the date the demand notice is received. United States and Available Only Online phonorecords for the Library of For all deposits, UTF–8 encoding is Congress. (4) Copies or phonorecords deposited in response to a demand must be able preferred to ASCII encoding and other non UTF–8 encodings for non–Latin character * * * * * to be accessed and reviewed by the (b) * * * sets in all categories below. Copyright Office, Library of Congress, A. Electronic Serials (2) * * * In the case of an electronic and the Library’s authorized users on an 1. Content Format work published in the United States and ongoing basis. a. Level 1: Serials–specific structured/ available only online, a copy is (b) Technical standards. Technical markup format: ‘‘complete’’ if it includes all elements standards for the transmission of copies (i) Content compliant with the NLM constituting the work in its published of online–only works to the Copyright Journal Archiving (XML) Document Type form, i.e., the complete work as Office in response to a demand will be Definition (DTD), with presentation published, including metadata and available on the Copyright Office stylesheet(s), rather than without. (ii) Other widely used serials or journal formatting codes otherwise exempt from website (www.copyright.gov). mandatory deposit. XML DTDs/schemas, with presentation (c) Definitions. (1) ‘‘Best edition’’ has stylesheet(s), rather than without. * * * * * the meaning set forth in § 202.19(b)(1) of (iii) Proprietary XML format for serials or (4) For purposes of § 202.19(c)(5) of these regulations. journals (with documentation), with DTD/ this regulation, an electronic serial is an (2) ‘‘Complete copy’’ has the meaning schema and presentation stylesheet(s), rather electronic work published in the United set forth in § 202.19(b)(2) of these than without. States and available only online, issued regulations. b. Level 2: Page–oriented rendition: or intended to be issued on an (3) ‘‘Electronic works’’ are works fixed (i) PDF/A (Portable Document Format/ established schedule in successive parts and published solely in an electronic Archival; compliant with ISO 19005). (ii) PDF (Portable Document Format, with bearing numerical or chronological format. searchable text, rather than without). designations, without subsequent (d) Special relief. (1) In the case of any c. Level 3: Other formats: alterations, and intended to be demand made under paragraph (a) of (i) XHTML/HTML, as made available continued indefinitely. This class this section, the Register of Copyrights online, with presentation stylesheets(s), includes periodicals, newspapers, may, after consultation with other rather than without.

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(ii) XML (widely used, publicly DATES: This action is effective January this formatting correction action does documented XML–based word–processing 25, 2010. not change the meaning of the formats, e.g., ODF/OpenDocument Format, ADDRESSES: Copies of the regulation at issue or otherwise change Office OpenXML), with presentation EPA’s analysis of South Carolina’s stylesheets(s), if appropriate, rather than documentation used in the action being without. corrected are available for inspection submittal (74 FR 26099). EPA also finds (iii) Plain text. during normal business hours at the that there is good cause under APA (iv) Other formats (e.g., proprietary word following location: U.S. Environmental section 553(d)(3) for this formatting processing or page layout formats). Protection Agency, Region 4, 61 Forsyth correction to become effective on the 2. Metadata Elements: Street, SW., Atlanta, Georgia 30303– date of publication of this action. If it has already been gathered and is 8960. The Regional Office’s official Section 553(d)(3) of the APA allows an available, descriptive data (metadata) as hours of business are Monday through effective date less than 30 days after described below should accompany the Friday, 8:30 to 4:30, excluding Federal publication ‘‘as otherwise provided by deposited material. holidays. the agency for good cause found and a. Title level metadata: serial or journal ’’ title, ISSN, publisher, frequency, place of FOR FURTHER INFORMATION CONTACT: Zuri published with the rule. 5 U.S.C. publication. Farngalo, Regulatory Development 553(d)(3). The purpose of the 30-day b. Article level metadata, as relevant/ Section, Air Planning Branch, Air, waiting period prescribed in APA applicable: volume(s), number(s), issue Pesticides and Toxics Management section 553(d)(3) is to give affected dates(s), article title(s), article author(s), Division, U.S. Environmental Protection parties a reasonable time to adjust their article identifier (DOI, etc.). Agency, Region 4, 61 Forsyth Street, behavior and prepare before the final c. With other descriptive metadata (e.g., SW., Atlanta, Georgia 30303–8960. Mr. rule takes effect. Today’s rule, however, subject heading(s), descriptor(s), abstract(s)), Farngalo’s telephone number is 404– does not create any new regulatory rather than without. 562–9152. He can also be reached via requirements such that affected parties 3. Technological measures that control access to or use of the work should be electronic mail at would need time to prepare before the removed. [email protected]. rule takes effect. Rather, today’s rule SUPPLEMENTARY INFORMATION: EPA is merely corrects an inadvertent error of Dated: January 13, 2010. omission in the regulatory text of a prior Marybeth Peters, making a correction to the Cherokee County CAA 110(a)(1) Maintenance rule by adding a correctly formatted Register of Copyrights. Plan entry that appears in table (e), of table (e) for the South Carolina Approved by: the South Carolina Non-Regulatory regulation which EPA approved on June James H. Billington, provisions section at 40 CFR 52.2120(e). 1, 2009. For these reasons, EPA finds Librarian of Congress. This revision to South Carolina’s SIP good cause under APA section 553(d)(3) [FR Doc. 2010–1202 Filed 1–22–10; 8:45 am] was published in the Federal Register for this correction to become effective BILLING CODE 1410–30–S on June 1, 2009 (74 FR 26099), effective on the date of publication of this action. August 1, 2009. However, when the Statutory and Executive Order Reviews direct final rule approving this SIP revision was published, table (e) did not Under the CAA, the Administrator is ENVIRONMENTAL PROTECTION required to approve a SIP submission AGENCY include the correct table format. EPA is correcting this inadvertent error by that complies with the provisions of the 40 CFR Part 52 inserting the correctly formatted table Act and applicable Federal regulations (e) into South Carolina’s Identification 42 U.S.C. 7410(k); 40 CFR 52.02(a). [EPA–R04–OAR–2008–0797–200824(c); of Plan section of the Code of Federal Thus, in reviewing SIP submissions, FRL–9099–9] Regulations at 40 CFR 52.2120(e). EPA’s role is to approve state choices, provided that they meet the criteria of Approval and Promulgation of EPA has determined that today’s ‘‘ ’’ the CAA. Accordingly, this action Implementation Plans; South Carolina; action falls under the good cause exemption in section 553(b)(3)(B) of the merely approves state law as meeting Approval of Section 110(a)(1) Federal requirements and does not Maintenance Plan for the 1997 8-Hour Administrative Procedure Act (APA) which, upon finding ‘‘good cause,’’ impose additional requirements beyond Ozone Standard for Cherokee County; those imposed by state law. For that Correcting Amendment authorizes agencies to dispense with public participation where public notice reason, this action: • AGENCY: Environmental Protection and comment procedures are Is not a ‘‘significant regulatory Agency (EPA). impracticable, unnecessary, or contrary action’’ subject to review by the Office of Management and Budget under ACTION: Final rule; Correcting to the public interest. Public notice and Executive Order 12866 (58 FR 51735, amendment. comment for this action are unnecessary because today’s action to correct a October 4, 1993); SUMMARY: On June 1, 2009, EPA formatting error in the Code of Federal • Does not impose an information published a direct final rule approving Regulations has no substantive impact collection burden under the provisions the Clean Air Act (CAA) Section on EPA’s June 1, 2009, approval of this of the Paperwork Reduction Act (44 110(a)(1) Maintenance Plan for the 1997 regulation. The incorrectly formatted U.S.C. 3501 et seq.); 8-hour ozone standard for Cherokee text in table (e) in EPA’s final rule • Is certified as not having a County as a revision to the South published on June 1, 2009, makes no significant economic impact on a Carolina State Implementation Plan substantive difference to EPA’s analysis substantial number of small entities (SIP). In EPA’s direct final rule, there as set out in that rule. In addition, EPA under the Regulatory Flexibility Act (5 was an inadvertent error in the format can identify no particular reason why U.S.C. 601 et seq.); of the Cherokee County entry in table (e) the public would be interested in being • Does not contain any unfunded which contains South Carolina’s Non- notified of the correction of this mandate or significantly or uniquely Regulatory Provision in the Code of revision, or in having the opportunity to affect small governments, as described Federal Regulations. This action comment on the formatting correction in the Unfunded Mandates Reform Act corrects that formatting error. prior to this action being finalized, since of 1995 (Pub. L. 104–4);

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• Does not have Federalism The Congressional Review Act, 5 be challenged later in proceedings to implications as specified in Executive U.S.C. 801 et seq., as added by the Small enforce its requirements (See section Order 13132 (64 FR 43255, August 10, Business Regulatory Enforcement 307(b)(2)). 1999); Fairness Act of 1996, generally provides List of Subjects in 40 CFR Part 52 • Is not an economically significant that before a rule may take effect, the regulatory action based on health or agency promulgating the rule must Environmental protection, Air safety risks subject to Executive Order submit a rule report, which includes a pollution control, Intergovernmental 13045 (62 FR 19885, April 23, 1997); copy of the rule, to each House of the relations, Incorporation by reference, • Is not a significant regulatory action Congress and to the Comptroller General Nitrogen dioxide, Ozone, Reporting and subject to Executive Order 13211 (66 FR of the United States. EPA will submit a recordkeeping requirements, Volatile 28355, May 22, 2001); report containing this action and other organic compounds. • Is not subject to requirements of required information to the U.S. Senate, Dated: December 14, 2009. Section 12(d) of the National the U.S. House of Representatives, and J. Scott Gordon, Technology Transfer and Advancement the Comptroller General of the United Acting Regional Administrator, Region 4. Act of 1995 (15 U.S.C. 272 note) because States prior to publication of the rule in application of those requirements would the Federal Register. A major rule ■ 40 CFR part 52 is amended as follows: be inconsistent with the CAA; and cannot take effect until 60 days after it • Does not provide EPA with the is published in the Federal Register. PART 52—[AMENDED] discretionary authority to address, as This action is not a ‘‘major rule’’ as ■ 1. The authority citation for part 52 appropriate, disproportionate human defined by 5 U.S.C. 804(2). continues to read as follows: health or environmental effects, using Under section 307(b)(1) of the CAA, practicable and legally permissible petitions for judicial review of this Authority: 42 U.S.C. 7401 et seq. methods, under Executive Order 12898 action must be filed in the United States Subpart PP—South Carolina (59 FR 7629, February 16, 1994). Court of Appeals for the appropriate In addition, this rule does not have circuit by March 26, 2010. Filing a ■ 2. Section 52.2120(e) is amended by tribal implications as specified by petition for reconsideration by the revising the entry for the ‘‘Cherokee Executive Order 13175 (65 FR 67249, Administrator of this final rule does not County 110(a)(1) Maintenance Plan for November 9, 2000), because the SIP is affect the finality of this action for the the 1997 8-hour ozone standard’’ to read not approved to apply in Indian country purposes of judicial review nor does it as follows: located in the state, and EPA notes that extend the time within which a petition it will not impose substantial direct for judicial review may be filed, and § 52.2120 Identification of plan. costs on tribal governments or preempt shall not postpone the effectiveness of * * * * * tribal law. such rule or action. This action may not (e) * * *

EPA-APPROVED SOUTH CAROLINA NON-REGULATORY PROVISIONS

State effective EPA approval Provision date date Explanation

******* Cherokee County 110(a)(1) Maintenance Plan for the 1997 8-Hour Ozone Standard .... 12/13/2007 7/31/09, 74 FR ...... 26099.

* * * * * Report for Commercial Broadcast document in the Federal Register [FR Doc. E9–31172 Filed 1–22–10; 8:45 am] Stations, be filed biennially by the announcing the new compliance date. BILLING CODE 6560–50–P January 11, 2010 filing deadline and ADDRESSES: Federal Communications grants an extension of time to file the Commission, 445 12th Street, SW., form once the form is available again for Washington, DC 20554. biennial filings, of at least 90 days from FEDERAL COMMUNICATIONS FOR FURTHER INFORMATION CONTACT: that date. We will announce the new COMMISSION filing deadline in a subsequently- Mania Baghdadi, Judith Herman, or Kristi Thompson, Industry Analysis 47 CFR Part 73 released document. This temporary suspension will permit us to investigate Division, Media Bureau, at (202) 418– [MB Docket Nos. 07–294, 06–121, 02–277, what changes can be made to the form 2330. 04–228; MM Docket Nos. 01–235, 01–317, to reduce the time required to complete SUPPLEMENTARY INFORMATION: This is a 00–244; DA 09–2618] it and to lessen any unanticipated summary of the Media Bureau’s Order burdens in this regard without Promoting Diversification of adopted on December 23, 2009. The full undermining the completeness, quality, Ownership in Broadcast Services; text of this document is available for usefulness, and aggregability of the data. Suspension of Filing Date public inspection and copying during DATES: The compliance date for the final regular business hours in the FCC AGENCY: Federal Communications rule published at 74 FR 56135 on Reference Center, Federal Commission. October 30, 2009, which amended the Communications Commission, 445 12th ACTION: Final rule; suspension of requirement that Form 323 must be Street, SW., CY–A257, Washington, DC compliance date. electronically filed no later than 20554. This document will also be November 1, 2009, and every two years available via ECFS (http://www.fcc.gov/ SUMMARY: This Order suspends the thereafter, is suspended indefinitely. cgb/ecfs). The complete text may be requirement that Form 323, Ownership The Commission will publish a purchased from the Commission’s copy

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contractor, 445 12th Street, SW., Room 3. In their Request, the Broadcast filing deadline will be at least 90 days CY–B402, Washington, DC 20554. Counsel note that they have been from the date that the form is made working diligently to compile the available for new biennial filings.5 Summary of Order The information needed to complete Form ‘‘as of’’ date will remain the same, 1. On December 18, 2009, a number 323 and to enter the data so as to file November 1, 2009, and will not be of counsel and legal assistants to various the form by the January 11, 2010 filing suspended or changed. During the broadcasters and broadcaster deadline. However, they note that they interim biennial suspension period, the organizations (the ‘‘Broadcast Counsel’’) have experienced delays in completing Bureau will not suspend non-biennial filed an Ex Parte Notice and Request for the form because of the large amounts filings of Form 323 that are required by Relief, asking that the Media Bureau of data required to be entered for Section 73.3615 of the Commission’s extend the time to file Form 323 and entities with complex ownership rules and will require that these adopt other changes to FCC Form 323, structures and because of technical continue to be filed by the deadlines including changing Section II–B problems working with the form on enumerated in that rule.6 Question 3(c) of the form to allow filers CDBS. In particular, they note that fully 5. Congressional Review Act. The to respond by uploading machine- responding to Question 3(c) of Section readable data instead of requiring Commission will not send a copy of the II–B of the form requires large amounts Order pursuant to the Congressional manual data entry of the responses to of time for entities that have moderately the question.1 The Broadcast Counsel Review Act, see 5 U.S.C. 801(a)(1)(A), complex ownership structures. because the rule was previously adopted also asked that filing of the form be Accordingly, they request that the suspended until improvements are and subject to a CRA submission at that Commission allow filers to respond to juncture. made to the form. By this Order, the that question by uploading a machine- Media Bureau suspends the requirement readable file rather than having to enter 6. Paperwork Reduction Act Analysis. that Form 323 be filed biennially by the the data needed for the response Document DA 09–2618 does not contain January 11, 2010 filing deadline. The manually. According to the Broadcast new or modified information collection Bureau will also grant an extension of Counsel, if the current deadline is not requirements subject to the Paperwork time to file the form once the form is extended, ‘‘many Forms will be Reduction Act of 1995, Public Law 104– available again for biennial filings, of at incomplete, inaccurate or will not be 13. In addition, therefore, it does not least 90 days from that date, and the filed at all because of time constraints contain any new or modified Bureau will announce the new filing and Form failures.’’ information collection burden ‘‘for small deadline in a subsequently-released 4. The Bureau finds that good cause business concerns with fewer than 25 ‘‘ ’’ Public Notice. The as of date, has been shown and that it would serve employees,’’ pursuant to the Small November 1, 2009, will remain the the public interest to suspend the Business Paperwork Relief Act of 2002, same. current January 11, 2010 filing Public Law 107–198, see 44 U.S.C. 2. On April 8, 2009, the Commission deadline.4 The Bureau will temporarily 3506(c)(4). adopted a Report and Order and Fourth suspend the ability to start a new 7. Accordingly, it is ordered, that Further Notice of Proposed Rulemaking biennial Form 323 during this interim pursuant to authority under Section 4(i) in the above-captioned proceeding suspension period but will allow filers of the Communications Act of 1934, as revising filing requirements for FCC to complete and file forms that they amended, 47 U.S.C. 154(i), authority Form 323, the broadcast Ownership have already started should they wish to delegated to the Media Bureau pursuant Report.2 Among other things, the 323 do so. This temporary suspension will to Sections 0.61, 0.204 and 0.283 of the Order substituted a uniform biennial permit us to investigate what changes Commission’s rules, 47 CFR 0.61, 0.204, filing deadline for the current system of can be made to the form to reduce the 0.283, and authority delegated to the rolling filing deadlines that are tied to time required to complete it and to Media Bureau by the Commission’s a station’s renewal anniversary. lessen any unanticipated burdens in this Report and Order and Memorandum Pursuant to these new requirements, all regard without undermining the Opinion and Order in this proceeding,7 commercial full-power AM, FM, TV, completeness, quality, usefulness, and the Bureau grants the Ex Parte Notice LPTV, and Class A stations, as well as aggregability of the data. Once these and Request for Relief to the extent entities with attributable interests in changes have been made, the Bureau described in this Order. them, were required to file the revised will again enable new biennial filings FCC Form 323 on or before January 11, 8. It is further ordered, that pursuant and will release a Public Notice with a 2010, with information current as of to authority under Section 4(i) of the new extended filing deadline. The new November 1, 2009, and to file biennially Communications Act of 1934, as 3 amended, 47 U.S.C. 154(i), authority thereafter. Notice, Media Bureau Extends the Biennial Filing Deadline for the Commercial Broadcast Ownership delegated to the Media Bureau pursuant 1 ‘‘MB Docket No. 07–294, Ex Parte Notice and Report Form (Form 323), DA 09–2457 (rel. Nov. 23, to Sections 0.61, 0.204 and 0.283 of the Request for Relief,’’ filed December 18, 2009 (the 2009); Promoting Diversification in the Commission’s rules, 47 CFR 0.61, 0.204, ‘‘Request’’). The Request was signed by Broadcasting Services, Order, DA 09–2165 (rel. Oct. 0.283, and authority delegated to the representatives of 14 law firms and the National 2, 2009). See also Public Notice, Media Bureau Association of Broadcasters. In addition, on Announces 2009 Biennial Filing Deadline For Media Bureau by the Commission’s December 21, 2009, Simmons Media Group filed a Commercial Broadcast Ownership Report (Form Report and Order and Memorandum letter in support of the Request. Simmons also 323), DA 09–2275 (rel. Oct. 30, 2009). For future Opinion and Order in this proceeding, asked that the form be revised to allow multiple biennial filings, the ‘‘as of’’ date is October 1 and we dismiss as moot and without licensees to be identified (through sub-forms) in the filing date is November 1 of the applicable filing response to Section I Question 7. year. 2 Report and Order and Fourth Further Notice of 4 In light of the filing extension, the Bureau 5 The Bureau will not require those who have Proposed Rulemaking, MB Docket No. 07–294, 24 dismisses as moot, Fletcher, Heald & Hildreth, already completed and filed their 2009 biennial FCC Rcd 5896 (2009) (‘‘323 Order’’). PLC’s (‘‘FHH’’) November 16, 2009 Motion for Stay, Ownership Report to file again. 3 323 Order, 24 FCC Rcd at 5902–05, 5908–09 which asked the Commission to stay, or otherwise 6 See 47 CFR 73.3615. paras. 12–15, 22. For this 2009 biennial filing hold in abeyance, the initial December 15, 2009 7 See 323 Order, 24 FCC Rcd at 5915 para. 51; period, the Media Bureau previously extended the deadline for filing biennial broadcast ownership Memorandum Opinion & Order and Fifth Notice of ‘‘as of’’ date to November 1, 2009 and the biennial reports. The Bureau dismisses the motion without Proposed Rulemaking, MB Docket No. 07–294, FCC filing deadline to January 11, 2010. See Public prejudice. 09–192 (rel. Oct. 16, 2009).

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prejudice Fletcher, Heald & Hildreth, participating in the BSAI trawl limited Alaska Region, NMFS (Regional PLC’s Motion for Stay. access fishery. NMFS is also Administrator), has determined that 604 announcing the opening and closing mt of the 2010 A season Atka mackerel William T. Lake, dates of the first and second directed TAC for vessels participating in the Chief, Media Bureau, Federal fisheries within the harvest limit area BSAI trawl limited access fishery in the Communications Commission. (HLA) in Statistical Areas 542 and 543. Eastern Aleutian District and the Bering [FR Doc. 2010–1246 Filed 1–22–10; 8:45 am] These actions are necessary to conduct Sea subarea will be necessary as BILLING CODE 6712–01–P directed fishing for Atka mackerel in the incidental catch to support other HLA in areas 542 and 543. anticipated groundfish fisheries. DATES: The effective dates are provided Therefore, the Regional Administrator is DEPARTMENT OF COMMERCE in Table 1 under the SUPPLEMENTARY establishing a directed fishing National Oceanic and Atmospheric INFORMATION section of this temporary allowance of zero mt. In accordance Administration action. with § 679.20(d)(1)(iii), the Regional FOR FURTHER INFORMATION CONTACT: Administrator finds that this directed 50 CFR Part 679 Obren Davis, 907–586–7228. fishing allowance has been reached. Consequently, NMFS is prohibiting SUPPLEMENTARY INFORMATION: [Docket No. 0810141351–9087–02] NMFS directed fishing for Atka mackerel in the manages the groundfish fishery in the Eastern Aleutian District and the Bering RIN 0648–XT97 BSAI exclusive economic zone Sea subarea for vessels participating in according to the Fishery Management Fisheries of the Exclusive Economic the A season BSAI trawl limited access Plan for Groundfish of the Bering Sea Zone Off Alaska; Atka Mackerel in the fishery. and Aleutian Islands Management Area Bering Sea and Aleutian Islands (FMP) prepared by the North Pacific In accordance with Management Area Fishery Management Council under § 679.20(a)(8)(iii)(C), the Regional AGENCY: National Marine Fisheries authority of the Magnuson-Stevens Administrator is opening the first Service (NMFS), National Oceanic and Fishery Conservation and Management directed fisheries for Atka mackerel Atmospheric Administration (NOAA), Act. Regulations governing fishing by within the HLA in areas 542 and 543, Commerce. U.S. vessels in accordance with the FMP 48 hours after prohibiting directed fishing for Atka mackerel in the Eastern ACTION: Temporary rule; closures and appear at subpart H of 50 CFR part 600 openings. and 50 CFR part 679. Aleutian Island District and the Bering The 2010 A season TAC of Atka Sea subarea. The Regional SUMMARY: NMFS is prohibiting directed mackerel for vessels participating in the Administrator has established the fishing for Atka mackerel in the Eastern BSAI trawl limited access fishery in the opening date for the second HLA Aleutian District and the Bering Sea Eastern Aleutian District and the Bering directed fisheries as 48 hours after the subarea of the Bering Sea and Aleutian Sea subarea was established as 604 last closure of the first HLA fisheries in Islands management area (BSAI) for metric tons (mt) by the final 2009 and either area 542 or 543. Consequently, vessels participating in the BSAI trawl 2010 harvest specifications for NMFS is opening and closing directed limited access fishery. This action is groundfish in the BSAI (74 FR 7359, fishing for Atka mackerel in the HLA of necessary to prevent exceeding the 2010 February 17, 2009). areas 542 and 543 in accordance with A season total allowable catch (TAC) of In accordance with § 679.20(d)(1)(i) the periods listed under Table 1 of this Atka mackerel in these areas for vessels and (d)(1)(ii)(B), the Administrator, notice.

TABLE 1. EFFECTIVE DATES AND TIMES

Effective Time1 and Date Action Area From To

Closing Atka mackerel for vessels Eastern Aleutian District (541) and 1200 hrs, January 20, 2010 1200 hrs, September 1, 2010 participating in the BSAI trawl lim- the Bering Sea subarea ited access fishery

Opening the first and second di- 542 1200 hrs, January 22, 2010 1200 hrs, February 5, 2010 rected fishery in the HLA for the 543 1200 hrs, February 7, 2010 1200 hrs, February 21, 2010 Amendment 80 cooperative

Opening the first and second di- 542 and 543 1200 hrs, January 22, 2010 1200 hrs, February 5, 2010 rected fishery in the HLA for ves- 542 and 543 1200 hrs, February 7, 2010 1200 hrs, February 21, 2010 sels participating in the Amend- ment 80 limited access sector

Opening the first directed fishery 542 1200 hrs, January 22, 2010 1200 hrs, February 5, 2010 in the HLA for the vessel partici- pating in the BSAI trawl limited access sector 1Alaska local time.

In accordance with gear for directed fishing for Atka in areas 542 and 543. NMFS has § 679.20(a)(8)(iii)(A) and mackerel have previously registered randomly assigned each vessel to the § 679.20(a)(8)(iii)(B), vessels using trawl with NMFS to fish in the HLA fisheries directed fishery or fisheries for which

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they have registered. NMFS has notified good cause to waive the 30–day delay in appear at subpart H of 50 CFR part 600 each vessel owner as to which fishery the effective date of this action under 5 and 50 CFR part 679. each vessel has been assigned by NMFS, U.S.C. 553(d)(3). This finding is based The 2010 Pacific cod TAC allocated to per a notice filed with the Federal upon the reasons provided above for vessels participating in the Amendment Register on January 19, 2010. waiver of prior notice and opportunity 80 limited access fishery in the BSAI is In accordance with the final 2009 and for public comment. 3,319 metric tons as established by the 2010 harvest specifications for This action is required by § 679.20 final 2009 and 2010 harvest groundfish in the BSAI (74 FR 7359, and is exempt from review under specifications for groundfish in the February 17, 2009), and Executive Order 12866. BSAI (74 FR 7359, February 17, 2009 § 679.20(a)(8)(ii)(C)(1), the HLA limits of Authority: 16 U.S.C. 1801 et seq. and 74 FR 68717, December 29, 2010) the A season allowance of the 2010 and as posted as the 2010 Allocations at TACs in areas 542 and 543 are 4,317 mt Dated: January 20, 2010. http://alaskafisheries.noaa.gov/ and 3,250 mt, respectively, for vessels James P. Burgess, Acting Director, Office of sustainablefisheries/amds/80/ participating in the Amendment 80 Sustainable Fisheries, National Marine 2010allocationtables.pdf. Fisheries Service. limited access fishery. The HLA limits The Regional Administrator has [FR Doc. 2010–1324 Filed 1–20–10; 4:15 pm] of the A season allowance of the 2010 determined that the 2010 Pacific cod TACs in areas 542 and 543 are 2,854 mt BILLING CODE 3510–22–S TAC allocated to vessels participating in and 2,022 mt, respectively, for the Amendment 80 limited access Amendment 80 cooperatives. The HLA DEPARTMENT OF COMMERCE fishery in the BSAI will be necessary to limit of the A season allowance of the support other anticipated groundfish 2010 TAC in area 542 is 458 mt for the fisheries. Therefore, in accordance with BSAI trawl limited access vessel. In National Oceanic and Atmospheric Administration § 679.20(d)(1)(i), the Regional accordance with § 679.20(a)(8)(iii)(E), Administrator is establishing a directed the Regional Administrator has 50 CFR Part 679 fishing allowance of 0 mt and is setting established the closure dates of the Atka aside the remaining 3,319 mt as mackerel directed fisheries in the HLA [Docket No. 0810141351–9087–02] incidental catch to support other for areas 542 and 543 based on the groundfish fisheries. In accordance with amount of the harvest limit and the RIN 0648–XT95 § 679.20(d)(1)(iii), the Regional estimated fishing capacity of the vessels Fisheries of the Exclusive Economic Administrator finds that this directed assigned to the respective fisheries. Zone Off Alaska; Pacific Cod by fishing allowance has been reached. Consequently, NMFS is prohibiting Vessels Participating in the Consequently, NMFS is prohibiting directed fishing for Atka mackerel in the Amendment 80 Limited Access Fishery directed fishing for Pacific cod by HLA of areas 542 and 543 in accordance in Bering Sea and Aleutian Islands vessels participating in the Amendment with the dates and times listed in Table Management Area 80 limited access fishery in the BSAI. 1 of this notice. After the effective date of this closure After the effective dates of these AGENCY: National Marine Fisheries the maximum retainable amounts at closures, the maximum retainable Service (NMFS), National Oceanic and § 679.20(e) and (f) apply at any time amounts at § 679.20(e) and (f) apply at Atmospheric Administration (NOAA), during a trip. any time during a trip. Commerce. Classification ACTION: Temporary rule; closure. Classification This action responds to the best This action responds to the best SUMMARY: NMFS is closing directed available information recently obtained available information recently obtained fishing for Pacific cod by vessels from the fishery. The Assistant from the fishery. The Assistant participating in the Amendment 80 Administrator for Fisheries, NOAA Administrator for Fisheries, NOAA, limited access fishery in the Bering Sea (AA), finds good cause to waive the (AA) finds good cause to waive the and Aleutian Islands management area requirement to provide prior notice and requirement to provide prior notice and (BSAI). This action is necessary to opportunity for public comment opportunity for public comment prevent exceeding the 2010 Pacific cod pursuant to the authority set forth at 5 pursuant to the authority set forth at 5 total allowable catch (TAC) allocated to U.S.C. 553(b)(B) as such requirement is U.S.C. 553(b)(B) as such a requirement vessels participating in the Amendment impracticable and contrary to the public is impracticable and contrary to the 80 limited access fishery in the BSAI. public interest. This requirement is interest. This requirement is impracticable and contrary to the public DATES: Effective 1200 hrs, Alaska local impracticable and contrary to the public interest as it would prevent NMFS from time (A.l.t.), January 20, 2010, through interest as it would prevent NMFS from responding to the most recent fisheries 2400 hrs, A.l.t., December 31, 2010. responding to the most recent fisheries data in a timely fashion and would FOR FURTHER INFORMATION CONTACT: data in a timely fashion and would delay the closure of the Atka mackerel Steve Whitney, 907–586–7269. delay the closure of directed fishing for fishery in the Eastern Aleutian District SUPPLEMENTARY INFORMATION: NMFS Pacific cod by vessels participating in and the Bering Sea subarea for vessels manages the groundfish fishery in the the Amendment 80 limited access participating in the BSAI trawl limited BSAI according to the Fishery fishery in the BSAI. NMFS was unable access fishery and the opening and Management Plan for Groundfish of the to publish a notice providing time for closing of the fisheries for the HLA Bering Sea and Aleutian Islands public comment because the most limits established for area 542 and area Management Area (FMP) prepared by recent, relevant data only became 543 pursuant to the 2010 Atka mackerel the North Pacific Fishery Management available as of January 14, 2010. TAC. NMFS was unable to publish a Council under authority of the The AA also finds good cause to notice providing time for public Magnuson-Stevens Fishery waive the 30–day delay in the effective comment because the most recent, Conservation and Management Act. date of this action under 5 U.S.C. relevant data only became available as Regulations governing fishing by U.S. 553(d)(3). This finding is based upon of January 19, 2010. The AA also finds vessels in accordance with the FMP the reasons provided above for waiver of

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prior notice and opportunity for public DATES: Effective 1200 hrs, Alaska local cod by non-AFA crab vessels catching comment. time (A.l.t.), January 21, 2010, through Pacific cod for processing by the inshore This action is required by § 679.20 1200 hrs, A.l.t., September 1, 2010. component in the Central Regulatory and is exempt from review under FOR FURTHER INFORMATION CONTACT: Josh Area of the GOA. Executive Order 12866. Keaton, 907–586–7228. After the effective date of this closure Authority: 16 U.S.C. 1801 et seq. SUPPLEMENTARY INFORMATION: NMFS the maximum retainable amounts at § 679.20(e) and (f) apply at any time Dated: January 20, 2010. manages the groundfish fishery in the GOA exclusive economic zone during a trip. James P. Burgess, according to the Fishery Management Classification Acting Director, Office of Sustainable Plan for Groundfish of the Gulf of Fisheries, National Marine Fisheries Service. Alaska (FMP) prepared by the North This action responds to the best [FR Doc. 2010–1328 Filed 1–20–10; 4:15 pm] Pacific Fishery Management Council available information recently obtained BILLING CODE 3510–22–S under authority of the Magnuson- from the fishery. The Assistant Stevens Fishery Conservation and Administrator for Fisheries, NOAA Management Act. Regulations governing (AA), finds good cause to waive the DEPARTMENT OF COMMERCE fishing by U.S. vessels in accordance requirement to provide prior notice and with the FMP appear at subpart H of 50 opportunity for public comment National Oceanic and Atmospheric pursuant to the authority set forth at 5 Administration CFR part 600 and 50 CFR part 679. The A season allowance of the 2010 U.S.C. 553(b)(B) as such requirement is Pacific cod sideboard limits apportioned impracticable and contrary to the public 50 CFR Part 679 to non-AFA crab vessels catching interest. This requirement is Pacific cod for processing by the inshore impracticable and contrary to the public [Docket No. 09100091344–9056–02] component in the Central Regulatory interest as it would prevent NMFS from Area of the GOA is 761 metric tons (mt), responding to the most recent fisheries RIN 0648–XT96 as established by the final 2009 and data in a timely fashion and would Fisheries of the Exclusive Economic 2010 harvest specifications for delay the sideboard directed fishing Zone Off Alaska; Pacific Cod by Non- groundfish of the GOA (74 FR 7333, closure of Pacific cod apportioned to American Fisheries Act Crab Vessels February 17, 2009) and inseason non-AFA crab vessels catching Pacific Catching Pacific Cod for Processing adjustment (74 FR 68713, December 29, cod for processing by the inshore by the Inshore Component in the 2009). component in the Central Regulatory Central Regulatory Area of the Gulf of In accordance with § 680.22(e)(2)(i), Area of the GOA. NMFS was unable to Alaska the Regional Administrator, has publish a notice providing time for determined that A season allowance of public comment because the most AGENCY: National Marine Fisheries the 2010 Pacific cod sideboard limits recent, relevant data only became Service (NMFS), National Oceanic and apportioned to non-AFA crab vessels available as of January 19, 2010. Atmospheric Administration (NOAA), catching Pacific cod for processing by The AA also finds good cause to Commerce. the inshore component in the Central waive the 30-day delay in the effective ACTION: Temporary rule; closure. Regulatory Area of the GOA will soon date of this action under 5 U.S.C. be reached. Therefore, the Regional 553(d)(3). This finding is based upon SUMMARY: NMFS is prohibiting directed Administrator is establishing a the reasons provided above for waiver of fishing for Pacific cod by non-American sideboard directed fishing allowance for prior notice and opportunity for public Fisheries Act (AFA) crab vessels Pacific cod as five mt for the inshore comment. catching Pacific cod for processing by component in the Central Regulatory This action is required by § 680.22 the inshore component in the Central Area of the GOA. The remaining 756 mt and is exempt from review under Regulatory Area of the Gulf of Alaska for the inshore component in the Executive Order 12866. (GOA). This action is necessary to Central Regulatory Area of the GOA will Authority: 16 U.S.C. 1801 et seq. prevent exceeding the A season be set aside as bycatch to support other allowance of the 2010 Pacific cod anticipated groundfish fisheries. In Dated: January 20, 2010. sideboard limits apportioned to non- accordance with § 680.22(e)(3), the James P. Burgess, AFA crab vessels catching Pacific cod Regional Administrator finds that this Acting Director, Office of Sustainable for processing by the inshore sideboard directed fishing allowance Fisheries, National Marine Fisheries Service. component in the Central Regulatory has been reached. Consequently, NMFS [FR Doc. 2010–1330 Filed 1–20–10; 4:15 pm] Area of the GOA. is prohibiting directed fishing for Pacific BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 75, No. 15

Monday, January 25, 2010

This section of the FEDERAL REGISTER you do not want to be publicly ADAMS, contact the NRC’s PDR contains notices to the public of the proposed disclosed. Reference staff at 1–800–397–4209, 301– issuance of rules and regulations. The The NRC requests that any party 415–4737 or by e-mail to purpose of these notices is to give interested soliciting or aggregating comments [email protected]. persons an opportunity to participate in the received from other persons for Federal Rulemaking Web site: Public rule making prior to the adoption of the final rules. submission to the NRC inform those comments and supporting materials persons that the NRC will not edit their related to this petition, including the comments to remove any identifying or incoming petition for rulemaking, can NUCLEAR REGULATORY contact information, and therefore, they be found at http://www.regulations.gov COMMISSION should not include any information in by searching on Docket ID NRC–2009– their comments that they do not want 0554. 10 CFR Part 50 publicly disclosed. FOR FURTHER INFORMATION CONTACT: [Docket No. PRM–50–93; NRC–2009–0554] Federal Rulemaking Web site: Go to Michael T. Lesar, Chief, Rulemaking http://www.regulations.gov and search and Directives Branch, Division of Mark Edward Leyse; Receipt of for documents filed under Docket ID Administrative Services, Office of Petition for Rulemaking NRC–2009–0554. Address questions Administration, U.S. Nuclear Regulatory about NRC dockets to Carol Gallagher, Commission, Washington, DC 20555– AGENCY: Nuclear Regulatory 301–492–3668, e-mail 0001, Telephone: 301–492–3663 or Toll Commission. [email protected]. Free: 800–368–5642. ACTION: Petition for rulemaking; notice Mail comments to: Secretary, U.S. SUPPLEMENTARY INFORMATION: of receipt. Nuclear Regulatory Commission, Washington, DC 20555–0001, Attn: Background SUMMARY: The Nuclear Regulatory Rulemakings and Adjudications Staff. Mark Edward Leyse (petitioner) Commission (NRC) is publishing for E-mail comments to: submitted a petition for rulemaking public comment a notice of receipt of a [email protected]. If you dated November 17, 2009. The petition for rulemaking, dated do not receive a reply e-mail confirming petitioner states that he is aware that November 17, 2009, which was filed that we have received your comments, data from multi-rod (assembly) severe with the NRC by Mark Edward Leyse. contact us directly at (301) 415–1677. fuel damage experiments indicates that The petition was docketed by the NRC Hand-deliver comments to: 11555 the current regulations at 10 CFR Part 50 on November 23, 2009, and has been Rockville Pike, Rockville, Maryland are non-conservative in their peak assigned Docket No. PRM–50–93. The 20852, between 7:30 am and 4:15 pm cladding temperature limit of 2200 °F, petitioner requests that the NRC amend Federal workdays (telephone (301) 415– and that the Baker-Just and Cathcart- its regulations regarding the domestic 1677). Pawel equations are also non- licensing of production and utilization Fax comments to: Secretary, U.S. conservative for calculating the metal- facilities. Specifically, the petitioner Nuclear Regulatory Commission at (301) water reaction rates that would occur in requests that the NRC revise its 415–1101. the event of a LOCA. As a result, the regulations based on data from multi- You can access publicly available petitioner requests that the NRC revise rod (assembly) severe fuel damage documents related to this petition, its regulations at 10 CFR 50.46(b)(1) and experiments. The petitioner also including the incoming petition for Appendix K to 10 CFR Part 50 based on requests that the NRC promulgate a rulemaking, using the following this data. The petitioner also requests regulation that will stipulate minimum methods: that the NRC promulgate a regulation allowable core reflood rates in the event NRC’s Public Document Room (PDR): that will stipulate minimum allowable of a loss-of-coolant accident. The public may examine and have core reflood rates in the event of a DATES: Submit comments by April 12, copied for a fee publicly available LOCA. The NRC has determined that 2010. Comments received after this date documents the NRC’s PDR, Room O1 the petition meets the threshold will be considered if it is practical to do F21, One White Flint North, 11555 sufficiency requirements for a petition so, but the NRC is able to assure Rockville Pike, Rockville, Maryland. for rulemaking under 10 CFR 2.802. The consideration only for comments NRC’s Agencywide Documents Access petition has been docketed as PRM–50– received on or before this date. and Management System (ADAMS): 93. The NRC is requesting public ADDRESSES: You may submit comments Publicly available documents created or comment on the petition for rulemaking. by any one of the following methods. received at the NRC, including the Please include Docket ID NRC–2009– incoming petition for rulemaking Discussion of the Petition 0554 in the subject line of your (ADAMS Accession No. ML093290250) The petitioner believes that data from comments. Comments submitted in are available electronically at the NRC’s multi-rod (assembly) severe fuel damage writing or in electronic form will be Electronic Reading Room at http:// experiments indicates that the current posted on the NRC Web site and on the www.nrc.gov/reading-rm/adams.html. peak cladding temperature limit Federal rulemaking Web site From this page, the public can gain contained in 10 CFR 50.46(b)(1) is non- Regulations.gov. Because your entry into ADAMS, which provides text conservative. The petitioner also comments will not be edited to remove and image files of NRC’s public believes that data from such any identifying or contact information, documents. If you do not have access to experiments as the LOFT LP–FP–2 the NRC cautions you against including ADAMS or if there are problems in experiment also indicates that the any information in your submission that accessing the documents located in Baker-Just and Cathcart-Pawel equations

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are both non-conservative for DEPARTMENT OF TRANSPORTATION are specifically invited on the overall calculating the temperature at which an regulatory, aeronautical, economic, autocatalytic (runaway) oxidation Federal Aviation Administration environmental, and energy-related reaction of Zircaloy would occur in the aspects of the proposal. event of a LOCA. The petitioner states 14 CFR Part 71 Communications should identify both that these experiments demonstrate that [Docket No. FAA–2009–0928; Airspace docket numbers and be submitted in the autocatalytic oxidation reaction of Docket No. 09–ASW–28] triplicate to the address listed above. Zircaloy cladding occurs at Commenters wishing the FAA to temperatures far below those predicted Proposed Amendment of Class E acknowledge receipt of their comments by the Baker-Just and Cathcart-Pawel Airspace; Killeen, TX on this notice must submit with those equations. The petitioner concludes that comments a self-addressed, stamped this, in turn, indicates that the Baker- AGENCY: Federal Aviation postcard on which the following Just and Cathcart-Pawel equations are Administration (FAA), DOT. statement is made: ‘‘Comments to both non-conservative for calculating ACTION: Notice of proposed rulemaking Docket No. FAA–2009–0928/Airspace the metal-water reaction rates that (NPRM). Docket No. 09–ASW–28.’’ The postcard would occur in the event of a LOCA. will be date/time stamped and returned SUMMARY: This action proposes to The petitioner requests that the NRC to the commenter. amend Class E airspace at Killeen, TX. revise its regulations at 10 CFR Additional controlled airspace is Availability of NPRMs 50.46(b)(1) to require that the calculated necessary to accommodate new maximum fuel element cladding An electronic copy of this document Standard Instrument Approach temperature not exceed a limit based on may be downloaded through the Procedures (SIAPs) at the renamed data from multi-rod (assembly) severe Internet at http://www.regulations.gov. Skylark Field Airport, Killeen, TX. The fuel damage experiments. Recently published rulemaking FAA is taking this action to enhance the documents can also be accessed through The petitioner also requests that the safety and management of Instrument the FAA’s Web page at http:// NRC revise Appendix K to 10 CFR Part Flight Rules (IFR) operations for SIAPs www.faa.gov/airports_airtraffic/ 50 to require that the rates of energy at the airport. air_traffic/publications/ release, hydrogen generation, and airspace_amendments/. cladding oxidation from the metal-water DATES: Comments must be received on or before March 11, 2010. Additionally, any person may obtain reaction considered in emergency core a copy of this notice by submitting a ADDRESSES: Send comments on this cooling system (ECCS) evaluation request to the Federal Aviation calculations be based on data from proposal to the U.S. Department of Transportation, Docket Operations, 1200 Administration (FAA), Office of Air multi-rod (assembly) severe fuel damage Traffic Airspace Management, ATA– experiments. The petitioner believes New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, 400, 800 Independence Avenue, SW., that these same requirements also need Washington, DC 20591, or by calling to apply to any NRC-approved best- Washington, DC 20590–0001. You must identify the docket number FAA–2009– (202) 267–8783. Communications must estimate ECCS evaluation models used identify both docket numbers for this in lieu of calculations made under 0928/Airspace Docket No. 09–ASW–28, at the beginning of your comments. You notice. Persons interested in being Appendix K to 10 CFR Part 50. placed on a mailing list for future Lastly, the petitioner requests that the may also submit comments through the Internet at http://www.regulations.gov. NPRM’s should contact the FAA’s NRC promulgate a regulation that will Office of Rulemaking (202) 267–9677, to stipulate minimum allowable core You may review the public docket containing the proposal, any comments request a copy of Advisory Circular No. reflood rates in the event of a LOCA. 11–2A, Notice of Proposed Rulemaking The petitioner believes that it can be received, and any final disposition in person in the Dockets Office between 9 Distribution System, which describes extrapolated from experimental data the application procedure. that in the event of a LOCA, a constant a.m. and 5 p.m., Monday through core reflood rate of approximately one Friday, except Federal holidays. The The Proposal inch per second or lower would not, Docket Office (telephone 1–800–647– This action proposes to amend Title with high probability, prevent Zircaloy 5527), is on the ground floor of the 14, Code of Federal Regulations (14 fuel cladding from exceeding the peak building at the above address. CFR), Part 71 by adding additional Class cladding temperature limit of 2200 °F if, FOR FURTHER INFORMATION CONTACT: E airspace extending upward from 700 at the onset of reflood, the cladding Scott Enander, Central Service Center, feet above the surface for the newly temperature was 1200 °F or higher. Operations Support Group, Federal established SIAPs at Skylark Field The petitioner believes that, if Aviation Administration, Southwest Airport, Killeen, TX. The airport name implemented, the amendments Region, 2601 Meacham Blvd., Fort would be changed from Killeen proposed in the petition would improve Worth, TX 76137; telephone: (817) 321– Municipal Airport, to Skylark Field public and plant-worker safety. 7716. Airport, in accordance with the FAAs Therefore, the petitioner requests that SUPPLEMENTARY INFORMATION: National Aeronautical Charting Office. the NRC amend its regulations regarding Controlled airspace is needed for the Comments Invited the domestic licensing of production safety and management of IFR and utilization facilities. Interested parties are invited to operations at the airport. Dated at Rockville, Maryland, this 19th day participate in this proposed rulemaking Class E airspace areas are published of January 2010. by submitting such written data, views, in Paragraph 6005 of FAA Order For the Nuclear Regulatory Commission. or arguments, as they may desire. 7400.9T, dated August 27, 2009, and Comments that provide the factual basis effective September 15, 2009, which is Annette Vietti-Cook, supporting the views and suggestions incorporated by reference in 14 CFR Secretary of the Commission. presented are particularly helpful in 71.1. The Class E airspace designation [FR Doc. 2010–1317 Filed 1–22–10; 8:45 am] developing reasoned regulatory listed in this document would be BILLING CODE 7590–01–P decisions on the proposal. Comments published subsequently in the Order.

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The FAA has determined that this Paragraph 6005 Class E Airspace areas ACTION: Notice of proposed rulemaking proposed regulation only involves an extending upward from 700 feet or more (NPRM). established body of technical above the surface of the earth. regulations for which frequent and * * * * * SUMMARY: This action proposes to amend Class E airspace and the routine amendments are necessary to ASW TX E5 Killeen, TX [Amended] keep them operationally current. It, geographic coordinates at Lampasas Robert Gray Army Airfield (AAF), TX Airport, Lampasas, TX. Additional therefore, (1) is not a ‘‘significant ° ′ ″ ° ′ ″ ’’ (Lat. 31 04 02 N., long. 97 49 44 W.) controlled airspace is necessary to regulatory action under Executive Hood Army Airfield (AAF), TX Order 12866; (2) is not a ‘‘significant ° ′ ″ ° ′ ″ accommodate new Standard Instrument (Lat. 31 08 19 N., long. 97 42 52 W.) Approach Procedures (SIAPs) at rule’’ under DOT Regulatory Policies Gray VOR/DME and Procedures (44 FR 11034; February (Lat. 31°01′58″ N., long. 97°48′50″ W.) Lampasas Airport. The FAA is taking 26, 1979); and (3) does not warrant Skylark Field Airport, TX this action to enhance the safety and preparation of a Regulatory Evaluation (Lat. 31°05′09″ N., long. 97°41′11″ W.) management of Instrument Flight Rules as the anticipated impact is so minimal. Iresh NDB (IFR) operations at the airport. Since this is a routine matter that will (Lat. 31°01′27″ N., long. 97°42′29″ W.) DATES: Comments must be received on only affect air traffic procedures and air That airspace extending upward from 700 or before March 11, 2010. navigation, it is certified that this rule, feet above the surface within a 7.6-mile ADDRESSES: Send comments on this when promulgated, will not have a radius of Robert Gray AAF and within a 6.3- proposal to the U.S. Department of significant economic impact on a mile radius of Hood AAF and within 1.8 Transportation, Docket Operations, 1200 miles each side of the 037° radial of the Gray substantial number of small entities New Jersey Avenue, SE., West Building under the criteria of the Regulatory VOR/DME extending from the 7.6-mile radius to 14.6 miles northeast of the airfield, Ground Floor, Room W12–140, Flexibility Act. and within 1.8 miles each side of the 217° Washington, DC 20590–0001. You must The FAA’s authority to issue rules radial of the Gray VOR/DME extending from identify the docket number FAA–2009– regarding aviation safety is found in the 7.6-mile radius to 14.6 miles southwest 0925/Airspace Docket No. 09–ASW–25, Title 49 of the U.S. Code. Subtitle 1, of the airfield, and within 1.7 miles each side at the beginning of your comments. You Section 106 describes the authority of of the 064° radial of the Gray VOR/DME may also submit comments through the the FAA Administrator. Subtitle VII, extending from the 7.6-mile radius to 13.9 Internet at http://www.regulations.gov. Aviation Programs, describes in more miles northeast of the airfield, and within 1.7 You may review the public docket miles each side of the 244° radial of the Gray detail the scope of the agency’s containing the proposal, any comments authority. This rulemaking is VOR/DME extending from the 7.6-mile radius to 13.9 miles southwest of the airfield, received, and any final disposition in promulgated under the authority ° person in the Dockets Office between 9 described in Subtitle VII, Part A, and within 2 miles each side of the 150 bearing from Robert Gray AAF extending a.m. and 5 p.m., Monday through Subpart I, Section 40103. Under that from the 7.6-mile radius to 11.6 miles Friday, except Federal holidays. The section, the FAA is charged with southeast of the airfield, and within 2 miles Docket Office (telephone 1–800–647– prescribing regulations to assign the use each side of the 339° bearing from Robert 5527), is on the ground floor of the of airspace necessary to ensure the Gray AAF extending from the 7.6-mile radius building at the above address. safety of aircraft and the efficient use of to 10.3 miles north of the airfield, and within airspace. This regulation is within the a 6.5-mile radius of Skylark Field Airport and FOR FURTHER INFORMATION CONTACT: scope of that authority as it would add within 4 miles each side of the 197° bearing Scott Enander, Central Service Center, additional controlled airspace at Skylark from the Skylark Field Airport extending Operations Support Group, Federal Field Airport, Killeen, TX. from the 6.5-mile radius to 9.6 miles south Aviation Administration, Southwest of the airport and within 2.1 miles each side Region, 2601 Meacham Blvd., Fort List of Subjects in 14 CFR Part 71 of the 197° bearing from the Iresh NDB Worth, TX 76137; telephone: (817) 321– Airspace, Incorporation by reference, extending from the 6.5-mile radius to 10.1 7716. miles south of the airport. Navigation (Air). SUPPLEMENTARY INFORMATION: * * * * * The Proposed Amendment Comments Invited Issued in Fort Worth, TX, on January 11, In consideration of the foregoing, the 2010. Interested parties are invited to Federal Aviation Administration Anthony D. Roetzel, participate in this proposed rulemaking proposes to amend 14 CFR Part 71 as Manager, Operations Support Group, ATO by submitting such written data, views, follows: Central Service Center. or arguments, as they may desire. Comments that provide the factual basis [FR Doc. 2010–1361 Filed 1–22–10; 8:45 am] PART 71—DESIGNATION OF CLASS A, supporting the views and suggestions B, C, D, AND E AIRSPACE AREAS; AIR BILLING CODE 4910–13–P presented are particularly helpful in TRAFFIC SERVICE ROUTES; AND developing reasoned regulatory REPORTING POINTS DEPARTMENT OF TRANSPORTATION decisions on the proposal. Comments 1. The authority citation for part 71 are specifically invited on the overall continues to read as follows: Federal Aviation Administration regulatory, aeronautical, economic, environmental, and energy-related Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 14 CFR Part 71 aspects of the proposal. 1963 Comp., p. 389. Communications should identify both [Docket No. FAA–2009–0925; Airspace docket numbers and be submitted in § 71.1 [Amended] Docket No. 09–ASW–25] triplicate to the address listed above. 2. The incorporation by reference in Commenters wishing the FAA to 14 CFR 71.1 of FAA Order 7400.9T, Proposed Amendment of Class E acknowledge receipt of their comments Airspace Designations and Reporting Airspace; Lampasas, TX on this notice must submit with those Points, signed August 27, 2009, and comments a self-addressed, stamped effective September 15, 2009, is AGENCY: Federal Aviation postcard on which the following amended as follows: Administration (FAA), DOT. statement is made: ‘‘Comments to

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Docket No. FAA–2009–0925/Airspace Since this is a routine matter that will airport extending from the 6.4-mile radius to Docket No. 09–ASW–25.’’ The postcard only affect air traffic procedures and air 11.9 miles south of the airport. will be date/time stamped and returned navigation, it is certified that this rule, * * * * * to the commenter. when promulgated, will not have a Issued in Fort Worth, TX, on January 11, significant economic impact on a Availability of NPRMs 2010. substantial number of small entities An electronic copy of this document Anthony D. Roetzel, under the criteria of the Regulatory Manager, Operations Support Group, ATO may be downloaded through the Flexibility Act. Internet at http://www.regulations.gov. Central Service Center. The FAA’s authority to issue rules Recently published rulemaking [FR Doc. 2010–1363 Filed 1–22–10; 8:45 am] regarding aviation safety is found in documents can also be accessed through BILLING CODE 4910–13–P the FAA’s Web page at http:// Title 49 of the U.S. Code. Subtitle 1, www.faa.gov/airports_airtraffic/ Section 106 describes the authority of air_traffic/publications/ the FAA Administrator. Subtitle VII, DEPARTMENT OF TRANSPORTATION _ Aviation Programs, describes in more airspace amendments/. Federal Aviation Administration Additionally, any person may obtain detail the scope of the agency’s a copy of this notice by submitting a authority. This rulemaking is 14 CFR Part 71 request to the Federal Aviation promulgated under the authority Administration (FAA), Office of Air described in Subtitle VII, Part A, [Docket No. FAA–2009–1150; Airspace Traffic Airspace Management, ATA– Subpart I, Section 40103. Under that Docket No. 09–AGL–34] 400, 800 Independence Avenue, SW., section, the FAA is charged with Washington, DC 20591, or by calling prescribing regulations to assign the use Proposed Establishment of Class E (202) 267–8783. Communications must of airspace necessary to ensure the Airspace; Luverne, MN safety of aircraft and the efficient use of identify both docket numbers for this AGENCY: Federal Aviation airspace. This regulation is within the notice. Persons interested in being Administration (FAA), DOT. placed on a mailing list for future scope of that authority as it would add additional controlled airspace at ACTION: Notice of proposed rulemaking NPRMs should contact the FAA’s Office (NPRM). of Rulemaking (202) 267–9677, to Lampasas Airport, Lampasas, TX. request a copy of Advisory Circular No. List of Subjects in 14 CFR Part 71 SUMMARY: This action proposes to 11–2A, Notice of Proposed Rulemaking establish Class E airspace at Luverne, Distribution System, which describes Airspace, Incorporation by reference, MN. Controlled airspace is necessary to the application procedure. Navigation (Air). accommodate new Standard Instrument The Proposal The Proposed Amendment Approach Procedures (SIAPs) at Quentin Aanenson Field Airport, This action proposes to amend Title In consideration of the foregoing, the Luverne, MN. The FAA is taking this 14, Code of Federal Regulations (14 Federal Aviation Administration action to enhance the safety and CFR), Part 71 by adding additional Class proposes to amend 14 CFR Part 71 as management of Instrument Flight Rules E airspace extending upward from 700 follows: (IFR) operations for SIAPs at the airport. feet above the surface for SIAPs DATES: Comments must be received on operations at Lampasas Airport, PART 71—DESIGNATION OF CLASS A, or before March 11, 2010. Lampasas, TX. Adjustment to the B, C, D, AND E AIRSPACE AREAS; AIR ADDRESSES: Send comments on this geographic coordinates also would be TRAFFIC SERVICE ROUTES; AND proposal to the U.S. Department of made in accordance with the FAAs REPORTING POINTS Transportation, Docket Operations, 1200 National Aeronautical Charting Office. New Jersey Avenue, SE., West Building Controlled airspace is needed for the 1. The authority citation for part 71 Ground Floor, Room W12–140, safety and management of IFR continues to read as follows: Washington, DC 20590–0001. You must operations at the airport. Authority: 49 U.S.C. 106(g); 40103, 40113, Class E airspace areas are published identify the docket number FAA–2009– 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1150/Airspace Docket No. 09–AGL–34, in Paragraph 6005 of FAA Order 1963 Comp., p. 389. 7400.9T, dated August 27, 2009, and at the beginning of your comments. You effective September 15, 2009, which is § 71.1 [Amended] may also submit comments through the incorporated by reference in 14 CFR Internet at http://www.regulations.gov. 2. The incorporation by reference in You may review the public docket 71.1. The Class E airspace designation 14 CFR 71.1 of FAA Order 7400.9T, listed in this document would be containing the proposal, any comments Airspace Designations and Reporting received, and any final disposition in published subsequently in the Order. Points, signed August 27, 2009, and The FAA has determined that this person in the Dockets Office between effective September 15, 2009, is 9 a.m. and 5 p.m., Monday through proposed regulation only involves an amended as follows: established body of technical Friday, except Federal holidays. The regulations for which frequent and Paragraph 6005 Class E Airspace Areas Docket Office (telephone 1–800–647– routine amendments are necessary to Extending Upward From 700 Feet or More 5527), is on the ground floor of the Above the Surface of the Earth. keep them operationally current. It, building at the above address. therefore, (1) Is not a ‘‘significant * * * * * FOR FURTHER INFORMATION CONTACT: regulatory action’’ under Executive ASW TX E5 Lampasas, TX [Amended] Scott Enander, Central Service Center, Operations Support Group, Federal Order 12866; (2) is not a ‘‘significant Lampasas Airport, TX rule’’ under DOT Regulatory Policies (Lat. 31°06′22″ N., long. 98°11′45″ W.) Aviation Administration, Southwest Region, 2601 Meacham Blvd., Fort and Procedures (44 FR 11034; February That airspace extending upward from 700 26, 1979); and (3) does not warrant feet above the surface within a 6.4-mile Worth, TX 76137; telephone: (817) 321– preparation of a Regulatory Evaluation radius of Lampasas Airport, and within 4 7716. as the anticipated impact is so minimal. miles each side of the 171° bearing from the SUPPLEMENTARY INFORMATION:

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Comments Invited 7400.9T, signed August 27, 2009 and § 71.1 [Amended] Interested parties are invited to effective September 15, 2009, which is 2. The incorporation by reference in participate in this proposed rulemaking incorporated by reference in 14 CFR 14 CFR 71.1 of FAA Order 7400.9T, by submitting such written data, views, 71.1. The Class E airspace designation Airspace Designations and Reporting or arguments, as they may desire. listed in this document would be Points, signed August 27, 2009, and Comments that provide the factual basis published subsequently in the Order. effective September 15, 2009, is supporting the views and suggestions The FAA has determined that this amended as follows: presented are particularly helpful in proposed regulation only involves an Paragraph 6005 Class E Airspace areas developing reasoned regulatory established body of technical extending upward from 700 feet or more decisions on the proposal. Comments regulations for which frequent and above the surface of the earth. are specifically invited on the overall routine amendments are necessary to * * * * * regulatory, aeronautical, economic, keep them operationally current. It, AGL MN E5 Luverne, MN [New] environmental, and energy-related therefore, (1) Is not a ‘‘significant aspects of the proposal. regulatory action’’ under Executive Quentin Aanenson Field Airport, MN Communications should identify both Order 12866; (2) is not a ‘‘significant (Lat. 43°37′16″ N., long. 96°12′57″ W.) docket numbers and be submitted in rule’’ under DOT Regulatory Policies That airspace extending upward from 700 triplicate to the address listed above. and Procedures (44 FR 11034; February feet above the surface within a 6.4-mile Commenters wishing the FAA to 26, 1979); and (3) does not warrant radius of Quentin Aanenson Field Airport. acknowledge receipt of their comments preparation of a Regulatory Evaluation * * * * * on this notice must submit with those as the anticipated impact is so minimal. Issued in Fort Worth, TX, on January 12, comments a self-addressed, stamped Since this is a routine matter that will 2010. postcard on which the following only affect air traffic procedures and air Walter Tweedy, navigation, it is certified that this rule, statement is made: ‘‘Comments to Acting Manager, Operations Support Group, Docket No. FAA–2009–1150/Airspace when promulgated, will not have a ATO Central Service Center. significant economic impact on a Docket No. 09–AGL–34.’’ The postcard [FR Doc. 2010–1357 Filed 1–22–10; 8:45 am] substantial number of small entities will be date/time stamped and returned BILLING CODE 4910–13–P to the commenter. under the criteria of the Regulatory Flexibility Act. Availability of NPRMs The FAA’s authority to issue rules DEPARTMENT OF TRANSPORTATION An electronic copy of this document regarding aviation safety is found in may be downloaded through the Title 49 of the U.S. Code. Subtitle 1, Federal Aviation Administration Internet at http://www.regulations.gov. Section 106 describes the authority of Recently published rulemaking the FAA Administrator. Subtitle VII, 14 CFR Part 71 documents can also be accessed through Aviation Programs, describes in more [Docket No. FAA–2009–0802; Airspace the FAA’s Web page at http://www.faa. detail the scope of the agency’s Docket No. 09–AGL–22] gov/airports_airtraffic/air_traffic/ authority. This rulemaking is publications/airspace_amendments/. promulgated under the authority Proposed Establishment of Class E Additionally, any person may obtain described in Subtitle VII, Part A, Airspace; Kindred, ND a copy of this notice by submitting a Subpart I, Section 40103. Under that request to the Federal Aviation section, the FAA is charged with AGENCY: Federal Aviation Administration (FAA), Office of Air prescribing regulations to assign the use Administration (FAA), DOT. Traffic Airspace Management, ATA– of airspace necessary to ensure the ACTION: Notice of proposed rulemaking 400, 800 Independence Avenue, SW., safety of aircraft and the efficient use of (NPRM). Washington, DC 20591, or by calling airspace. This regulation is within the SUMMARY: This action proposes to (202) 267–8783. Communications must scope of that authority as it would establish Class E airspace at Kindred, identify both docket numbers for this establish controlled airspace at Quentin ND. Controlled airspace is necessary to notice. Persons interested in being Aanenson Field Airport, Luverne, MN. placed on a mailing list for future accommodate new Standard Instrument NPRMs should contact the FAA’s Office List of Subjects in 14 CFR Part 71 Approach Procedures (SIAPs) at Hamry Field Airport, Kindred, ND. The FAA is of Rulemaking (202) 267–9677, to Airspace, Incorporation by reference, taking this action to enhance the safety request a copy of Advisory Circular No. Navigation (Air). 11–2A, Notice of Proposed Rulemaking and management of Instrument Flight Distribution System, which describes The Proposed Amendment Rules (IFR) operations for SIAPs at the airport. the application procedure. In consideration of the foregoing, the DATES: Comments must be received on Federal Aviation Administration The Proposal or before March 11, 2010. proposes to amend 14 CFR Part 71 as This action proposes to amend Title follows: ADDRESSES: Send comments on this 14, Code of Federal Regulations (14 proposal to the U.S. Department of CFR), part 71 by establishing Class E PART 71—DESIGNATION OF CLASS A, Transportation, Docket Operations, 1200 airspace extending upward from 700 B, C, D, AND E AIRSPACE AREAS; AIR New Jersey Avenue, SE., West Building feet above the surface for SIAPs TRAFFIC SERVICE ROUTES; AND Ground Floor, Room W12–140, operations at Quentin Aanenson Field REPORTING POINTS Washington, DC 20590–0001. You must Airport, Luverne, MN. Controlled identify the docket number FAA–2009– airspace is needed for the safety and 1. The authority citation for part 71 0802/Airspace Docket No. 09–AGL–22, management of IFR operations at the continues to read as follows: at the beginning of your comments. You airport. Authority: 49 U.S.C. 106(g); 40103, 40113, may also submit comments through the Class E airspace areas are published 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Internet at http://www.regulations.gov. in Paragraph 6005 of FAA Order 1963 Comp., p. 389. You may review the public docket

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containing the proposal, any comments request a copy of Advisory Circular No. The Proposed Amendment received, and any final disposition in 11–2A, Notice of Proposed Rulemaking In consideration of the foregoing, the person in the Dockets Office between 9 Distribution System, which describes Federal Aviation Administration a.m. and 5 p.m., Monday through the application procedure. proposes to amend 14 CFR Part 71 as Friday, except Federal holidays. The The Proposal follows: Docket Office (telephone 1–800–647– 5527), is on the ground floor of the This action proposes to amend Title PART 71—DESIGNATION OF CLASS A, building at the above address. 14, Code of Federal Regulations (14 B, C, D, AND E AIRSPACE AREAS; AIR FOR FURTHER INFORMATION CONTACT: CFR), Part 71 by establishing Class E TRAFFIC SERVICE ROUTES; AND Scott Enander, Central Service Center, airspace extending upward from 700 REPORTING POINTS Operations Support Group, Federal feet above the surface for SIAPs Aviation Administration, Southwest operations at Hamry Field Airport, 1. The authority citation for Part 71 Region, 2601 Meacham Blvd., Fort Kindred, ND. Controlled airspace is continues to read as follows: Worth, TX 76137; telephone: (817) 321– needed for the safety and management Authority: 49 U.S.C. 106(g); 40103, 40113, 7716. of IFR operations at the airport. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. SUPPLEMENTARY INFORMATION: Class E airspace areas are published in Paragraph 6005 of FAA Order § 71.1 [Amended] Comments Invited 7400.9T, signed August 27, 2009 and effective September 15, 2009, which is 2. The incorporation by reference in Interested parties are invited to 14 CFR 71.1 of FAA Order 7400.9T, participate in this proposed rulemaking incorporated by reference in 14 CFR 71.1. The Class E airspace designation Airspace Designations and Reporting by submitting such written data, views, Points, signed August 27, 2009, and or arguments, as they may desire. listed in this document would be published subsequently in the Order. effective September 15, 2009, is Comments that provide the factual basis amended as follows: supporting the views and suggestions The FAA has determined that this presented are particularly helpful in proposed regulation only involves an Paragraph 6005 Class E Airspace Areas developing reasoned regulatory established body of technical Extending Upward From 700 Feet or More decisions on the proposal. Comments regulations for which frequent and Above the Surface of the Earth are specifically invited on the overall routine amendments are necessary to * * * * * regulatory, aeronautical, economic, keep them operationally current. It, AGL ND E5 Kindred, ND [New] environmental, and energy-related therefore, (1) is not a ‘‘significant regulatory action’’ under Executive Hamry Field Airport, ND aspects of the proposal. (Lat. 46°38′55″ N., long. 96°59′56″ W.) Communications should identify both Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies That airspace extending upward from 700 docket numbers and be submitted in feet above the surface within a 6.3-mile triplicate to the address listed above. and Procedures (44 FR 11034; February radius of Hamry Field Airport. 26, 1979); and (3) does not warrant Commenters wishing the FAA to * * * * * acknowledge receipt of their comments preparation of a Regulatory Evaluation on this notice must submit with those as the anticipated impact is so minimal. Issued in Fort Worth, TX, on January 12, comments a self-addressed, stamped Since this is a routine matter that will 2010. postcard on which the following only affect air traffic procedures and air Walter Tweedy, statement is made: ‘‘Comments to navigation, it is certified that this rule, Acting Manager, Operations Support Group, Docket No. FAA–2009–0802/Airspace when promulgated, will not have a ATO Central Service Center. Docket No. 09–AGL–22.’’ The postcard significant economic impact on a [FR Doc. 2010–1358 Filed 1–22–10; 8:45 am] will be date/time stamped and returned substantial number of small entities BILLING CODE 4901–13–P to the commenter. under the criteria of the Regulatory Flexibility Act. Availability of NPRMs The FAA’s authority to issue rules DEPARTMENT OF LABOR An electronic copy of this document regarding aviation safety is found in may be downloaded through the Title 49 of the U.S. Code. Subtitle 1, Occupational Safety and Health Internet at http://www.regulations.gov. Section 106 describes the authority of Administration Recently published rulemaking the FAA Administrator. Subtitle VII, documents can also be accessed through Aviation Programs, describes in more 29 CFR Part 1910 the FAA’s Web page at http:// detail the scope of the agency’s RIN 1218–AC41 www.faa.gov/airports_airtraffic/ authority. This rulemaking is _ air traffic/publications/ promulgated under the authority Combustible Dust airspace_amendments/. described in Subtitle VII, Part A, Additionally, any person may obtain Subpart I, Section 40103. Under that AGENCY: Occupational Safety and Health a copy of this notice by submitting a section, the FAA is charged with Administration (OSHA), Labor. request to the Federal Aviation prescribing regulations to assign the use ACTION: Notice of stakeholder meetings. Administration (FAA), Office of Air of airspace necessary to ensure the Traffic Airspace Management, ATA– safety of aircraft and the efficient use of SUMMARY: OSHA invites interested 400, 800 Independence Avenue, SW., airspace. This regulation is within the parties to participate in informal Washington, DC 20591, or by calling scope of that authority as it would stakeholder meetings on the workplace (202) 267–8783. Communications must establish controlled airspace at Hamry hazards of combustible dust. OSHA identify both docket numbers for this Field Airport, Kindred, ND. plans to use the information gathered at notice. Persons interested in being these meetings in developing a List of Subjects in 14 CFR Part 71 placed on a mailing list for future proposed standard for combustible dust. NPRMs should contact the FAA’s Office Airspace, Incorporation by reference, DATES: Dates and locations for the of Rulemaking (202) 267–9677, to Navigation (Air). stakeholder meetings are:

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• February 17, 2010, at 9 a.m., in but are not limited to, wood, coal, are being managed by Eastern Research Atlanta, GA; plastics, biosolids, candy, sugar, spice, Group (ERG), which will provide a • February 17, 2010, at 1:30 p.m., in starch, flour, feed, grain, fertilizer, facilitator and compile notes Atlanta, GA; tobacco, paper, soap, rubber, drugs, summarizing the discussion; these notes • Additional meetings are planned for dried blood, dyes, certain textiles, and will not identify individual speakers. 2010, and will be announced in one or metals (such as aluminum and ERG also will make an audio recording more subsequent notices. magnesium). Industries that may have of each session to ensure that the Deadline for confirmed registration at combustible dust hazards include, summary notes are accurate; these the meetings is February 3, 2010. among others: Animal food recordings will not be transcribed. The ADDRESSES: manufacturing, grain handling, food summary notes will be posted on the manufacturing, wood product docket for the Combustible Dust ANPR, Registration manufacturing, chemical Docket ID: OSHA2009–0023, available Submit your notice of intent to manufacturing, textile manufacturing, at the Web site http:// participate in one of the stakeholder furniture manufacturing, metal www.regulations.gov. meetings by one of the following: processing, fabricated metal products The meetings are as follows: • Electronic. Register at https:// and machinery manufacturing, pesticide • February 17, 2010, at 9 a.m., at the www2.ergweb.com/projects/ manufacturing, pharmaceutical Marriott Perimeter Center, 246 conferences/osha/register-osha- manufacturing, tire manufacturing, Perimeter Center Parkway, Atlanta, GA stakeholder.htm (follow the instructions production of rubber and plastics, 30346; online). plastics and rubber products • February 17, 2010, at 1:30 p.m., at • Facsimile. Fax your request to: manufacturing, recycling, wastewater the Marriott Perimeter Center, 246 (781) 674–2906, and label it ‘‘Attention: treatment, and coal handling. Perimeter Center Parkway, Atlanta, GA OSHA Combustible Dust Stakeholder OSHA is developing a standard that 30346; Meeting Registration.’’ will comprehensively address the fire • The additional 2010 meeting dates • Regular mail, express delivery, and explosion hazards of combustible and locations will be announced in one hand (courier) delivery, and messenger dust. The Agency has issued an or more subsequent notices. service. Send your request to: ERG, Inc., Advanced Notice of Proposed To participate in one of the February 110 Hartwell Avenue, Lexington, MA Rulemaking (ANPR) (74 FR 54334) 17, 2009 stakeholder meetings, or be a 02421; Attention: OSHA Combustible requesting comments, including data nonparticipating observer, you may Dust Stakeholder Meeting Registration. and other information, on issues related submit notice of intent electronically, by to the hazards of combustible dust in Meetings facsimile, or by hard copy. To encourage the workplace. OSHA plans to use the as wide a range of viewpoints as The February 17, 2010, meetings will information received in response to the possible, OSHA intends to limit be held at the Marriott Perimeter Center, ANPR and at the stakeholder meetings participation to organizations that have 246 Perimeter Center Parkway, Atlanta, in developing a proposed standard for not participated in previous stakeholder GA 30346. combustible dust. meetings. OSHA will confirm FOR FURTHER INFORMATION CONTACT: II. Stakeholder Meetings participants as necessary to ensure a fair Information regarding this notice is representation of interests and to available from the following sources: OSHA conducted two stakeholder facilitate gathering diverse viewpoints. • Press inquiries. Contact Jennifer meetings in Washington, DC, on To receive a confirmation of your Ashley, Director, OSHA Office of December 14, 2009. This notice participation 1 week before the meeting, Communications, Room N–3647, U.S. announces two additional stakeholder register by the date listed in the DATES Department of Labor, 200 Constitution meetings. The stakeholder meetings will section of this notice. However, Avenue, NW., Washington, DC 20210; be conducted as a group discussion on registration will remain open until the telephone: (202) 693–1999. views, concerns, and issues surrounding meetings are full. Additional • General and technical information. the hazards of combustible dust. To nonparticipating observers that do not Contact David Wallis, Director, Office of facilitate as much group interaction as register for the meeting will be Engineering Safety, OSHA Directorate of possible, formal presentations will not accommodated as space permits. See the Standards and Guidance, Room N–3609, be permitted. Formal input should be ADDRESSES section of this notice for the U.S. Department of Labor, 200 submitted as indicated in the ANPR registration Web site, facsimile number, Constitution Avenue, NW., Washington, referenced earlier in this notice. The and address. To register electronically, DC 20210; telephone: (202) 693–2277. stakeholder meeting discussion will follow the instructions provided on the • center on major issues such as: Copies of this Federal Register • Web site. To register by mail or notice. Electronic copies are available at Scope. facsimile, please indicate the following: • Organization of a prospective http://www.regulations.gov. This • Name, address, phone, fax, and e- standard. Federal Register notice, as well as news • mail. The role of consensus standards. • releases and other relevant information, • Economic impacts. First and second preferences of also are available on the OSHA Web • Additional topics as time permits. meeting time. page at http://www.osha.gov. • Organization for which you work. III. Public Participation SUPPLEMENTARY INFORMATION: • Organization you represent (if Approximately 25 participants will be different). I. Background accommodated in each meeting, and • Stakeholder category: Government, The hazards of combustible dust three hours will be allotted for each industry, standards-developing encompass a wide array of materials, meeting. Members of the general public organization, research or testing agency, industries, and processes. Any may observe, but not participate in, the union, trade association, insurance, fire combustible material can burn rapidly meetings as space permits. OSHA staff protection equipment manufacturer, when in a finely divided form. Materials will be present to take part in the consultant, or other (if other, please that may form combustible dust include, discussions. Logistics for the meetings specify).

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• Industry sector (if applicable): DATES: Written comments must be publicly available, such as CBI or other Metals, wood products, grain or wet submitted on or before February 24, information whose disclosure is corn milling, food (including sugar), 2010. restricted by statute. Certain other pharmaceutical or chemical ADDRESSES: You may submit comments, material, such as copyrighted material, manufacturing, paper products, rubber identified by docket number COE– is not placed on the Internet and will be or plastics, coal, or other (if other, 2009–0063 by any of the following publicly available only in hard copy please specify). methods: form. Electronic copies of this Federal Federal eRulemaking Portal: http:// FOR FURTHER INFORMATION CONTACT: Mr. Register notice, as well as news releases www.regulations.gov. Follow the David Olson, Headquarters, Operations and other relevant documents, are instructions for submitting comments. and Regulatory Community of Practice, available on the OSHA Web page at: E-mail: Washington, DC at 202–761–4922 or Mr. http://www.osha.gov. [email protected]. Include Jon M. Griffin, U.S. Army Corps of Authority and Signature the docket number, COE–2009–0063 in Engineers, Jacksonville District, the subject line of the message. Regulatory Division, at 904–232–1680. This document was prepared under Mail: U.S. Army Corps of Engineers, SUPPLEMENTARY INFORMATION: Pursuant the direction of David Michaels, PhD, Attn: CECW–CO (David B. Olson), 441 to its authorities in Section 7 of the MPH, Assistant Secretary of Labor for G Street, NW., Washington, DC 20314– Rivers and Harbors Act of 1917 (40 Stat. Occupational Safety and Health, U.S. 1000. 266; 33 U.S.C. 1) and Chapter XIX of the Department of Labor, pursuant to Hand Delivery/Courier: Due to Army Appropriations Act of 1919 (40 sections 4, 6, and 8 of the Occupational security requirements, we cannot Stat 892; 33 U.S.C. 3) the Corps is Safety and Health Act of 1970 (29 U.S.C. receive comments by hand delivery or proposing to amend the regulations at 653, 655, 657), 29 CFR part 1911, and courier. 33 CFR part 334 by expanding the Secretary’s Order 5–2007 (72 FR 31160). Instructions: Direct your comments to existing restricted area as well as Signed at Washington, DC, on January 19, docket number COE–2009–0063. All establishing two new restricted areas 2010. comments received will be included in and a new danger zone in Florida David Michaels, the public docket without change and within the NAVSTA Mayport facilities Assistant Secretary of Labor for Occupational may be made available on-line at and along the facility shoreline. The Safety and Health. http://www.regulations.gov, including amendment to the existing regulation [FR Doc. 2010–1322 Filed 1–22–10; 8:45 am] any personal information provided, will allow the Commanding Officer, unless the commenter indicates that the BILLING CODE 4510–26–P NAVSTA Mayport to restrict passage of comment includes information claimed persons, watercraft, and vessels in to be Confidential Business Information waters contiguous to his Command to (CBI) or other information whose meet Department of Defense directive DEPARTMENT OF DEFENSE disclosure is restricted by statute. Do O–2000.12–H Chapter C22.14 and not submit information that you United States Fleet Forces Antiterrorism Department of the Army, Corps of consider to be CBI, or otherwise Operation Order 3300–09 requirements Engineers protected, through regulations.gov or e- for Waterside Security and Naval Vessel mail. The regulations.gov Web site is an Protection Zones. The amendment is 33 CFR Part 334 anonymous access system, which means also intended to address public safety we will not know your identity or concerns associated with increased Restricted Areas and Danger Zone at contact information unless you provide vessel traffic in the waterways adjacent Naval Station Mayport, FL it in the body of your comment. If you to the NAVSTA Mayport facility, send an e-mail directly to the Corps especially during munitions movement AGENCY: United States Army Corps of without going through regulations.gov, in and around the munitions wharves. Engineers, Department of Defense. your e-mail address will be ACTION: Notice of proposed rulemaking automatically captured and included as Procedural Requirements and request for comments. part of the comment that is placed in the a. Review Under Executive Order public docket and made available on the 12866. The proposed rule is issued with SUMMARY: The U.S. Army Corps of Internet. If you submit an electronic respect to a military function of the Engineers (Corps) is proposing to revise comment, we recommend that you Department of Defense and the the existing regulations for a restricted include your name and other contact provisions of Executive Order 12866 do area and establish a danger zone in the information in the body of your not apply. waters adjacent to and within the comment and with any disk or CD–ROM b. Review Under the Regulatory boundaries of Naval Station (NAVSTA) you submit. If we cannot read your Flexibility Act. The proposed rule has Mayport in Florida. The NAVSTA is the comment because of technical been reviewed under the Regulatory third largest naval facility in the difficulties and cannot contact you for Flexibility Act (Pub. L. 96–354) which continental United States and is unique clarification, we may not be able to requires the preparation of a regulatory in that it is home to a busy seaport as consider your comment. Electronic flexibility analysis for any regulation well as an air facility which conducts comments should avoid the use of any that will have a significant economic more than 135,000 flight operations special characters, any form of impact on a substantial number of small each year. This amendment to the encryption, and be free of any defects or entities (i.e., small businesses and small existing regulation is necessary to viruses. governments). Unless information is enhance the safety of the local Docket: For access to the docket to obtained to the contrary during the community by ensuring safe navigation read background documents or comment period, the Corps expects that of the adjacent waterways, to preserve comments received, go to http:// the proposed rule would have military security force protection www.regulations.gov. All documents in practically no economic impact on the measures, and adhere to military the docket are listed. Although listed in public, or result in no anticipated munitions regulations. the index, some information is not navigational hazard or interference with

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existing waterway traffic. This proposed 30°23′52.97″ N, longitude 081°25′36.51″ the permission of the Commanding rule, if adopted, will have no significant W; thence to latitude 30°23′56.71″ N, Officer, NAVSTA Mayport, Florida, or economic impact on small entities. longitude 081°25′36.51″ W; then the line his/her authorized representative. This c. Review Under the National meanders irregularly, following the restriction will be in place 24 hours a Environmental Policy Act. Due to the shoreline at a distance of 380 feet day, seven days a week. Warning signs administrative nature of this action and seaward from the mean high water line notifying individuals of the restricted because there is no intended change in to a point at latitude 30°23′54.20″ N, area boundary and prohibiting entry the use of the area, the Corps expects longitude 081°24′14.11″ W, thence into the area will be posted at 500-foot that this regulation, if adopted, will not proceed directly to latitude 30°23′46.33″ intervals along the property boundary. have a significant impact on the quality N, longitude 081°24′03.73″ W, then the (2) Atlantic Ocean restricted area. All of the human environment and, line meanders irregularly, following the persons, vessels, or other craft are therefore, preparation of an shoreline at a distance of 380 feet prohibited from entering, transiting, environmental impact statement will seaward from the mean high water line drifting, dredging or anchoring within not be required. An environmental to a point at latitude 30°23′53.08″ N, the area described in paragraph (a)(3) of assessment will be prepared after the longitude 081°23′34.00″ W, thence this section without the permission of public notice period is closed and all following the arc of a circle with a the Commanding Officer, NAVSTA comments have been received and radius of 466 feet, centered at latitude Mayport, Florida, or his/her authorized considered. 30°23′48.52″ N, longitude 081°23′33.30″ representative. This restriction will be d. Unfunded Mandates Act. This W, to a point on the jetty at latitude in place 24 hours a day, seven days a proposed rule does not contain a 30°23′50.06″ N, longitude 081°23′28.26″ week. Warning signs notifying Federal mandate that may result in W. individuals of the restricted area expenditures of $100 million or more (3) Atlantic Ocean restricted area. boundary and prohibiting entry into the for State, local, and Tribal governments, From the last point identified in area will be posted at 500-foot intervals in the aggregate, or the private sector in paragraph (a)(2) of this section, latitude along the property boundary. any one year. Therefore, this proposed 30°23′50.06″ N, longitude 081°23′28.26″ (3) Sherman Creek restricted area. All rule is not subject to the requirements W, proceed to a point at latitude persons, vessels, or other craft are ° ′ ″ ° ′ ″ of Sections 202 and 205 of the 30 23 49.12 N, longitude 81 23 28.10 prohibited from entering, transiting, Unfunded Mandates Reform Act W, then the line meanders irregularly, drifting, dredging or anchoring within (UMRA). The proposed rule contains no following the shoreline at a distance of the area described in paragraph (a)(4) of regulatory requirements that might 380 feet seaward from the mean high this section without the permission of significantly or uniquely affect small water line to a point at latitude the Commanding Officer, NAVSTA ° ′ ″ ° ′ ″ governments. Therefore, the proposed 30 22 54.37 N, longitude 081 23 44.09 Mayport, Florida, or his/her authorized rule is not subject to the requirements W, thence proceed directly to shore to representative. This restriction will be ° ′ ″ of Section 203 of UMRA. terminate at latitude 30 22 54.46 N, in place 24 hours a day, seven days a longitude 081°23′48.44″ W. week. Warning signs notifying List of Subjects in 33 CFR Part 334 (4) Sherman Creek restricted area. individuals of the restricted area Danger zones, Navigation (water), This restricted area shall encompass all boundary and prohibiting entry into the Restricted areas, Waterways. navigable waters of the United States, as area will be posted at 500-foot intervals For the reasons set out in the defined at 33 CFR 329, to include along the property boundary where preamble, the Corps proposes to amend Sherman Creek, its tributaries and practicable (i.e., not in the wetlands). 33 CFR Part 334 as follows: associated tidal marshes located within Additionally, a floating Small Craft the NAVSTA Mayport area boundaries Intrusion Barrier will be placed across PART 334—DANGER ZONE AND described in this section. The restricted Sherman Creek just east of the A1A RESTRICTED AREA REGULATIONS area is completely encircled by bridge and another will be placed across roadways and is bordered on the south tributaries to Sherman Creek just north 1. The authority citation for part 334 by Wonderwood Expressway, on the of the Wonderwood Expressway. continues to read as follows: west by SR A1A, on the north by (4) Danger zone. During periods of Authority: 40 Stat. 266 (33 U.S.C. 1) and Perimeter Road, and on the east by munitions movement at wharves Bravo 40 Stat. 892 (33 U.S.C. 3). Mayport Road. and Charlie, no person or vessel shall be (5) Danger zone. The danger zone allowed to remain within the 1,250-foot 2. Revise § 334.500 to read as follows: shall encompass all navigable waters of Explosive Safety Quantity-Distance arcs § 334.500 St. Johns River, Atlantic Ocean, the United States, as defined at 33 CFR generated by the activity. NAVSTA Sherman Creek; restricted areas and 329, within the area bounded by a line Mayport will not announce or publish danger zone, Naval Station Mayport, connecting the following coordinates: notification prior to enforcing this Florida. Commencing from the shoreline at regulation due to the unacceptable (a) The areas. (1) The St. Johns River latitude 30°24′00.31″ N, longitude security threat posed by advance public restricted area and the Atlantic Ocean 081°25′06.02″ W; thence to latitude notice of military munitions restricted area described in paragraphs 30°24′11.16″ N, longitude 081°25′03.90″ movements. (a)(2) and (a)(3) of this section, W; thence to latitude 30°24′00.62″ N, (c) Enforcement. The regulations in respectively, are contiguous but each longitude 081°24′10.13″ W; thence to a this section shall be enforced by the area is described separately for point on the shoreline riprap at latitude Commanding Officer, NAVSTA clarification. 30°23′41.26″ N, longitude 081°24′08.82″ Mayport, Florida and/or such persons or (2) St. Johns River restricted area. This W. agencies as he/she may designate. restricted area shall encompass all (b) The regulations. (1) St. Johns River Military vessels will patrol the areas navigable waters of the United States, as restricted area. All persons, vessels, or identified in this section 24 hours a day, defined at 33 CFR 329, within the area other craft are prohibited from entering, 7 days a week. Any person or vessel bounded by a line connecting the transiting, drifting, dredging or encroaching within the areas identified following coordinates: Commencing anchoring within the area described in in this section will be asked to from the shoreline at latitude paragraph (a)(2) of this section without immediately leave the area. Failure to

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do so will result in the forceful removal DEPARTMENT OF HOMELAND Tuesday, September 8, 2009, make the of the person or vessel from the area in SECURITY following correction: question. Federal Emergency Management §67.4 [Corrected] Dated: January 19, 2010. Agency Jonathan A. Davis, On page 46075, in §67.4, the table is reprinted to read as follows: Deputy Chief, Operations, Directorate of Civil 44 CFR Part 67 Works. [Docket ID FEMA–2008–0020; Internal [FR Doc. 2010–1295 Filed 1–22–10; 8:45 am] Agency Docket No. FEMA–B–1072] BILLING CODE 3720–58–P Proposed Flood Elevation Determinations Correction In proposed rule document E9–21472 beginning on page 46074 in the issue of

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation** ∧ Elevation in meters Communities affected (MSL) Effective Modified

Napa County, California, and Incorporated Areas

Napa Creek ...... At the confluence with Napa River ...... +22 +18 City of Napa. Approximately 100 feet upstream of Jefferson Street +35 +34 Napa River (With Levee) ...... Approximately 715 feet west of intersection of State +28 +27 City of Napa, Unincor- Route 121 and East Avenue. porated Areas of Napa County. Approximately 1,530 feet southwest of intersection of +32 +29 State Route 121 and Woodland Drive. Napa River (Without Levee) Approximately 0.5 mile downstream of Imola Avenue +13 +12 City of Napa, Unincor- porated Areas of Napa County. Approximately 1,230 feet downstream of confluence +47 +46 of Soda Creek. Napa River Oxbow Overflow At the confluence with Tulucay Creek ...... +18 +16 City of Napa, Unincor- porated Areas of Napa County. Approximately 0.39 mile upstream of Soscol Avenue +22 +19 Ponding Areas with ele- Extensive ponding areas, in roadways south of Sal- None +39 City of Napa, Unincor- vations determined (AH vador creek (lowest elevation). porated Areas of Napa Zones). County. Extensive ponding areas, in roadways south of Sal- None +76 vador creek (highest elevation). Salvador Creek ...... At the confluence with Napa River ...... +33 +31 City of Napa, Unincor- porated Areas of Napa County. Approximately 100 feet upstream of State Highway 29 None +75 Salvador Creek North Branch At the confluence with Salvador Creek ...... None +75 City of Napa, Unincor- porated Areas of Napa County. Approximately 0.8 mile upstream of confluence with None +93 Salvador Creek. Salvador Creek South At the confluence with Salvador Creek ...... None +75 City of Napa. Branch. Approximately 1,365 feet upstream of Salvador Creek None +76 Shallow Flooding (AO Zone) Shallow flooding area, approximately 425 feet north- +15 #1 City of Napa. east of intersection of Imola Avenue and Gasser Drive. Shallow flooding area, approximately 1,400 feet north- +17 #2 east of intersection of Imola Avenue and Gasser Drive. Tulucay Creek ...... At the confluence with Napa River ...... +18 +15 City of Napa. Approximately 560 feet upstream of Shurtleff Avenue +37 +38 Unincorporated Areas of Napa County.

* National Geodetic Vertical Datum. + North American Certical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter.

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* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation** ∧ Elevation in meters Communities affected (MSL) Effective Modified

**BEFs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Man- agement Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Napa Maps are Available for inspection at the City of Napa Public Works Department, 1600 1st Street, Napa, CA 94559. Unincorporated Areas of Napa County Maps are available for inspection at the Napa County Public Works Department, 1195 3rd Street, Suite 201, Napa, CA 94559.

[FR Doc. C1–2009–21472 Filed 1–22–10; 8:45 am] FOR FURTHER INFORMATION CONTACT: system will be fair, equitable, and BILLING CODE 1505–01–D William T. Cross, Public Safety and transparent to all amateur service Critical Infrastructure Division, Wireless licensees. Specifically, the Commission Telecommunications Bureau, (202) 418– proposes in the NPRM to amend the FEDERAL COMMUNICATIONS 0680, TTY (202) 418–7233. amateur service’s vanity call sign rules COMMISSION SUPPLEMENTARY INFORMATION: This is a to: clarify the process by which such summary of the Federal call signs become available for 47 CFR Part 97 Communications Commission’s Notice reassignment after the license expires or [WT Docket No. 09–209; FCC 09–102] of Proposed Rulemaking and Order is canceled; clarify the exceptions to the (NPRM), WT Docket No. 09–209, FCC rule that a call sign shown on a canceled Amateur Service Rules 09–102, adopted November 23, 2009, license is unavailable to the vanity call and released November 24, 2009. The sign system for two years; require that AGENCY: Federal Communications applications requesting a change in Commission. full text of this document is available for inspection and copying during normal trustee include documentation signed ACTION: Proposed rule. business hours in the FCC Reference by an officer of the club when the SUMMARY: This document proposes to Center, 445 12th Street, SW., Room CY– application is submitted to the Club amend the amateur radio service rules A257, Washington, DC 20554, or by Station Call Sign Administrator; and, to to clarify certain rules and codify downloading the text from the limit club stations to holding one call existing procedures governing the Commission’s Web site at http:// sign. amateur service vanity call sign system, www.fcc.gov/Daily_Releases/ I. Procedural Matters and to revise certain rules applicable to Daily_Digest/2009/dd091125.html. The amateur service club stations. complete text also may be purchased A. Ex Parte Rules—Permit-but-Disclose Proceeding DATES: Submit comments on or before from the Commission’s duplicating March 26, 2010 and reply comments are contractor, Best Copy and Printing, Inc., 2. This is a permit-but-disclose notice due April 12, 2010. Portals II, 445 12th Street, Suite CY– and comment rulemaking proceeding. ADDRESSES: You may submit comments, B402, Washington, DC 20554. Ex parte presentations are permitted, identified by WT Docket No. 09–209; Alternative formats are available for except during the Sunshine Agenda FCC 09–102, by any of the following people with disabilities (Braille, large period, provided they are disclosed as methods: print, electronic files, audio format), by provided in the Commission’s rules. • Federal eRulemaking Portal: http:// sending an e-mail to [email protected] or B. Comment Dates www.regulations.gov. Follow the calling the Consumer and Government instructions for submitting comments. Affairs Bureau at (202) 418–0530 3. Pursuant to sections 1.415 and • Federal Communications (voice), (202) 418–0432 (TTY). 1.419 of the Commission’s rules, Commission’s Web site: http:// 1. In this document, the Wireless interested parties may file comments on www.fcc.gov/cgb/ecfs/. Follow the Telecommunications Bureau (WTB) of or before March 26, 2010, and reply instructions for submitting comments. the Federal Communications comments are due April 12, 2010. • People With Disabilities: Contact Commission (Commission) amends the 4. Commenters may file comments the FCC to request reasonable part 97 Amateur Radio Service rules to electronically using the Commission’s accommodations (accessible format clarify certain rules and codifies Electronic Comment Filing System documents, sign language interpreters, existing procedures governing the (ECFS), the Federal Government’s CART, etc.) by e-mail: [email protected] amateur service vanity call sign system. eRulemaking Portal, or by filing paper or phone 202–418–0530 or TTY: 202– The Commission also revises certain copies. Commenters filing through the 418–0432. rules applicable to amateur service club ECFS can be sent as an electronic file For detailed instructions for submitting stations. The Commission found that via the Internet to http://www.fcc.gov/e- comments and additional information certain provisions in the rules file/ecfs.html. If multiple docket or on the rulemaking process, see the applicable to the vanity call sign system rulemaking numbers appear in the SUPPLEMENTARY INFORMATION section of should be codified in our rules, and caption of this proceeding, filers must this document. others added, so that the vanity call sign transmit one electronic copy for each

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docket or rulemaking number employees,’’ pursuant to the Small 12. Pursuant to § 1.407 of the referenced in the caption. In completing Business Paperwork Relief Act of 2002, Commission’s rules, 47 CFR 1.407, the the transmittal screen, commenters Public Law 107–198, see 44 U.S.C. Petition to Change part 97.19(c)(2) of the should include their full name, U.S. 3506(c)(4). Amateur Radio Service Rules filed by Postal Service mailing address, and the Steven Bryant on June 29, 2009 is II. Initial Regulatory Flexibility applicable docket or rulemaking denied. number. Commenters may also submit Analysis 13. The Commission’s Consumer and an electronic comment by Internet e- 8. The Regulatory Flexibility Act Governmental Affairs Bureau, Reference mail. To get filing instructions for e-mail requires an initial regulatory flexibility Information Center, shall send a copy of comments, commenters should send an analysis to be prepared for notice and this NPRM, including the Initial e-mail to [email protected], and should comment rulemaking proceedings, Regulatory Flexibility Certification, to include the following words in the body unless the agency certifies that ‘‘the rule the Chief Counsel for Advocacy of the of the message, ‘‘get form.’’ Commenters will not, if promulgated, have a Small Business Administration. will receive a sample form and significant economic impact on a List of Subjects in 47 CFR Part 97 directions in reply. Commenters filing substantial number of small entities.’’ through the Federal eRulemaking Portal The RFA generally defines the term Radio. http://www.regulations.gov, should ‘‘small entity’’ as having the same Marlene H. Dortch, follow the instructions provided on the meaning as the terms ‘‘small business,’’ Secretary, Web site for submitting comments. ‘‘small organization,’’ and ‘‘small Federal Communications Commission. 5. Commenters who chose to file governmental jurisdiction.’’ In addition, paper comments must file an original the term ‘‘small business’’ has the same Proposed Rule Changes and four copies of each comment. If meaning as the term ‘‘small business more than one docket or rulemaking For the reasons discussed in the concern’’ under the Small Business Act. preamble, the Federal Communications number appears in the caption of this A ‘‘small business concern’’ is one proceeding, filers must submit two Commission proposes to amend 47 CFR which: (1) Is independently owned and part 97 as follows: additional copies for each additional operated; (2) is not dominant in its field docket or rulemaking number. All of operation; and (3) satisfies any PART 97—AMATEUR RADIO SERVICE filings must be sent to the Commission’s additional criteria established by the Secretary, Office of the Secretary, Small Business Administration (SBA). 1. The authority citation for part 97 Federal Communications Commission, continues to read as follows: 9. In this NPRM, we propose to amend 445 12th Street, SW., Room TW–A325, the amateur service rules applicable to Authority: 48 Stat. 1066, 1082, as Washington, DC 20554. amended; 47 U.S.C. 154, 303. Interpret or 6. Commenters may send filings by the vanity call sign system and club station licensing. Because ‘‘small apply 48 Stat. 1064–1068, 1081–1105, as hand or messenger delivery, by amended; 47 U.S.C. 151–155, 301–609, ’’ commercial overnight courier, or by entities, as defined in the RFA, are not unless otherwise noted. persons eligible for licensing in the first-class or overnight U.S. Postal 2. Section 97.3 is amended by Service mail. The Commission’s amateur service, these proposed rules do not apply to ‘‘small entities.’’ Rather, redesignating paragraphs (a)(27) through contractor will receive hand-delivered (a)(49) as paragraphs (a)(28) through or messenger-delivered paper filings for the rules apply exclusively to individuals who currently are amateur (a)(50), and adding a new paragraph the Commission’s Secretary at 236 (a)(27) to read as follows: Massachusetts Avenue, NE., Suite 110, service licensees and who are requesting Washington, DC 20002. The filing hours a specific call sign be assigned to their § 97.3 Definitions. at this location are 8 a.m. to 7 p.m. station. Moreover, club stations are not (a) * * * Commenters must bind all hand authorized to transmit any (27) In-law. A parent or stepparent of deliveries together with rubber bands or communications in which the station a licensee’s spouse; a licensee’s spouse’s fasteners and must dispose of any licensee or control operator has a sibling; the spouse of a licensee’s envelopes before entering the building. pecuniary interest, and thus do not spouse’s sibling; or the spouse of a This facility is the only location where qualify as a ‘‘small entity.’’ Therefore, we licensee’s sibling, child, or stepchild. certify that the proposals in this NPRM, the Commission’s Secretary will accept * * * * * if adopted, will not have a significant hand-delivered or messenger-delivered 3. Section 97.5 is amended by revising economic impact on a substantial paper filings. Commenters must send paragraph (b)(2) to read as follows: commercial overnight mail (other than number of small entities. § 97.5 Station license required. U.S. Postal Service Express Mail and III. Ordering Clauses Priority Mail) to 9300 East Hampton * * * * * Drive, Capitol Heights, MD 20743. 10. Pursuant to sections 4(i), 4(j), and (b) * * * Commenters should address U.S. Postal 303(r) of the Communications Act of (2) A club station license grant. A club Service first-class mail, Express Mail, 1934, as amended, 47 U.S.C. 154(i), station license grant may be held only and Priority Mail to 445 12th Street, 154(j), and 303(r), notice is hereby given by the person who is the license trustee SW., Washington, DC 20554. of the proposed amendment to part 97 designated by an officer of the club. The of the Commission’s rules, 47 CFR part trustee must be a person who holds an C. Paperwork Reduction Act 97, as described above, and that operator/primary station license grant. 7. This document does not contain comment is sought on this proposal to The club must be composed of at least proposed information collection amend part 97 of the Commission’s four persons and must have a name, a requirements subject to the Paperwork rules as set forth below. document of organization, management, Reduction Act of 1995, Public Law 104– 11. Pursuant to § 1.407 of the and a primary purpose devoted to 13. In addition, therefore, it does not Commission’s rules, 47 CFR 1.407, the amateur service activities consistent contain any proposed information Petition for Rule Making filed by with this part. After [date reserved], no collection burden ‘‘for small business Barbara J. Levow on May 20, 2008 is additional club station license grant will concerns with fewer than 25 denied. be made to a club whose trustee already

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holds a club station license grant for (iii) Who is a club station license data is submitted, it must be based on that club. trustee acting with a written statement the Social Security Administration * * * * * of consent signed by either the licensee Death Master File current at the time of 4. Section 97.19 is amended by ante mortem but who is now deceased, the request. revising paragraphs (c)(2), (c)(3), and (d) or by at least one relative as listed above [FR Doc. 2010–1262 Filed 1–22–10; 8:45 am] introductory paragraph to read as in (ii) of the person now deceased, BILLING CODE 6712–01–P follows: provided that the deceased licensee was a member of the club. § 97.19 Application for a vanity call sign. (d) Except for an applicant whose * * * * * station had been formerly assigned the DEPARTMENT OF THE INTERIOR call sign requested, the vanity call sign (c) * * * Fish and Wildlife Service (2) A call sign shown on a requested by an applicant must be selected from the group of call signs surrendered, revoked, set aside, 50 CFR Part 92 canceled (except for license that are corresponding to the same or lower canceled pursuant to § 97.21(d), or class of operator license held by the [Docket No. FWS–R7–MB–2009–0082; voided license grant is not available to applicant as designated in the 91200–1231–9BPP–L2] the vanity call sign system for 2 years sequential call sign system. following the date such action is taken. * * * * * RIN 1018–AW67 (The availability of a call sign shown on 5. Section 97.21 is amended by revising the section heading and Migratory Bird Subsistence Harvest in a license canceled pursuant to § 97.21(d) Alaska; Harvest Regulations for is governed by paragraph (c)(3) of this paragraph (a)(1) and adding new paragraph (d) to read as follows: Migratory Birds in Alaska During the section.) 2010 Season (i) This 2-year period does not apply § 97.21 Application for a modified, to any license grant pursuant to renewed, or cancelled license grant. AGENCY: Fish and Wildlife Service, paragraph (c)(3)(i), (ii), or (iii) of this (a) * * * Interior. section that is surrendered, canceled, (1) Must apply to the FCC for a ACTION: Proposed rule; reopening of revoked, voided, or set aside because modification of the license grant as public comment period. the grantee acknowledged or the necessary to show the correct mailing Commission determined that the grantee address, licensee name, club name, SUMMARY: We, the U.S. Fish and was not eligible for the exception. license trustee name, or license Wildlife Service, are reopening the (ii) An applicant to whose operator/ custodian name in accordance with public comment period on our proposed primary station license grant, or club § 1.913 of this chapter. For a club, rule to establish migratory bird station license grant for which the military recreation or RACES station subsistence harvest regulations in applicant is the trustee, the call sign was license grant, the application must be Alaska for the 2010 season. This action previously assigned is exempt from this presented in document form to a Club will allow all interested parties an 2-year period. Station Call Sign Administrator additional opportunity to comment on (3) The call sign shown on a license (CSCSA) who must submit the our proposal. canceled pursuant to § 97.21(d) is not information thereon to the FCC in an DATES: Public comments: We will accept available to the vanity call sign system electronic batch file. The CSCSA must comments received or postmarked on or for 2 years following the person’s death, retain the collected information for at before February 18, 2010. or for 2 years following the expiration least 15 months and make it available to ADDRESSES: Public comments: You may of the license grant, whichever is the FCC upon request. An application to submit comments by one of the sooner; except that, when the licensee’s modify a club station license grant to following methods: death occurs prior to the license change the license trustee name must be • Federal eRulemaking Portal: http:// expiration date, but the Commission submitted to a CSCSA by an officer of www.regulations.gov. Follow the does not cancel the license until on or the club. A CSCSA shall not file with instructions for submitting comments to after the date 30 days before the second the Commission any application to Docket No. FWS–R7–MB–2009–0082. anniversary of the licensee’s death, the modify a club station license grant, • U.S. mail or hand-delivery: Public call sign is not available to the vanity except to change a club station license Comments Processing, Attn: FWS–R7– call sign system for 30 days following trustee, submitted by a person who is MB–2009–0082; Division of Policy and the date such action is taken. not the trustee of record. Directives Management; U.S. Fish and Notwithstanding the foregoing, the call * * * * * Wildlife Service; 4401 N. Fairfax Drive, sign shown on a license canceled (d) A person may request cancellation Suite 222; Arlington, VA 22203. pursuant to § 97.21(d) is available of an operator/primary station license We will not accept e-mail or faxes. We immediately. This provision does not grant on account of the licensee’s death will post all comments on http:// apply to an applicant: by submitting a signed request that www.regulations.gov. This generally (i) To whose operator/primary station includes a death certificate, obituary, or means that we will post any personal license grant, or club station license Social Security Death Index (SSDI) data information you provide us (see the grant for which the applicant is the clearly showing that the person named Public Comments section below for trustee, the call sign was previously in the operator/primary station license more information). assigned; or grant has died. Such requests may be (ii) Who is the spouse, child, submitted as pleadings associated with FOR FURTHER INFORMATION CONTACT: Fred grandchild, stepchild, parent, the license. See § 1.45 of this chapter. In Armstrong, (907) 786–3887, or Donna grandparent, step-parent, brother, sister, addition, the Commission may cancel Dewhurst, (907) 786–3499, U.S. Fish stepbrother, stepsister, aunt, uncle, an operator/primary station license and Wildlife Service, 1011 E. Tudor niece, nephew, or in-law of the person grant if it becomes aware of the grantee’s Road, Mail Stop 201, Anchorage, AK now deceased or of any other deceased death through other means. For 99503. former holder of the call sign; or purposes of this section, when SSDI SUPPLEMENTARY INFORMATION:

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Background previously, then you do not need to Service, Office of the Alaska Migratory We, the U.S. Fish and Wildlife resubmit them because we have already Bird Co-management Council, 1011 E. Service, published a proposed rule in incorporated them into the public Tudor Rd., Anchorage, AK 99503, (877) the Federal Register on November 20, record and we will fully consider them 229–2344. in preparation of our final 2009 (74 FR 60228), to propose Author(s) migratory bird subsistence harvest determination. regulations in Alaska for the 2010 Public Comments The primary authors of this package season. The proposed regulations would are the staff members of the Office of the enable the continuation of customary You may submit your comments and Alaska Migratory Bird Co-Management and traditional subsistence uses of materials concerning this proposed rule Council. by one of the methods listed in the migratory birds in Alaska and prescribe Authority regional information on when and ADDRESSES section. We will not accept where the harvesting of birds may comments sent by e-mail or fax or to an We derive our authority to issue these ADDRESSES occur. These proposed regulations were address not listed in the regulations from the Migratory Bird developed under a co-management section. We will not consider hand- Treaty Act of 1918, 16 U.S.C. 712(1), process involving the Service, the delivered comments that we do not which authorizes the Secretary of the Alaska Department of Fish and Game, receive, or mailed comments that are Interior, in accordance with the treaties and Alaska Native representatives. The not postmarked, by the date specified in with Canada, Mexico, Japan, and Russia, rulemaking is necessary because the the DATES section. to ‘‘issue such regulations as may be regulations governing the subsistence We will post your entire comment— necessary to assure that the taking of harvest of migratory birds in Alaska are including your personal identifying migratory birds and the collection of subject to annual review. This information—on http:// their eggs, by the indigenous inhabitants rulemaking proposes region-specific www.regulations.gov. If you provide of the State of Alaska, shall be permitted regulations that would go into effect on personal identifying information in your for their own nutritional and other April 2, 2010, and expire on August 31, comment, you may request at the top of essential needs, as determined by the 2010. your document that we withhold this Secretary of the Interior, during seasons We are extending the public comment information from public review. established so as to provide for the period on our proposed rule (see DATES However, we cannot guarantee that we preservation and maintenance of stocks section) in response to a request for will be able to do so. of migratory birds.’’ additional time to comment that we Comments and materials we receive, received during the initial public as well as supporting documentation we Dated: January 12, 2010. comment period. The initial public used in preparing this proposed rule, Thomas L. Strickland, comment period for the proposed rule will be available for public inspection Assistant Secretary for Fish and Wildlife and ended on January 19, 2010. The revised on http://www.regulations.gov, or by Parks. comment period ends on February 18, appointment, during normal business [FR Doc. 2010–1344 Filed 1–22–10; 8:45 am] 2010. If you submitted comments hours, at the U.S. Fish and Wildlife BILLING CODE 4310–55–P

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Notices Federal Register Vol. 75, No. 15

Monday, January 25, 2010

This section of the FEDERAL REGISTER the collection of information unless it information to conduct re-inspection of contains documents other than rules or displays a currently valid OMB control meat and poultry imported to the U.S. proposed rules that are applicable to the number. Description of Respondents: Business public. Notices of hearings and investigations, or other for-profit. Food Safety and Inspection Service committee meetings, agency decisions and Number of Respondents: 6,431. rulings, delegations of authority, filing of Title: Exportation, Transportation, Frequency of Responses: petitions and applications and agency and Importation of Meat and Poultry statements of organization and functions are Recordkeeping; Reporting: On occasion. examples of documents appearing in this Products. Total Burden Hours: 156,908. section. OMB Control Number: 0583–0094. Summary of Collection: The Food Ruth Brown, Safety and Inspection Service (FSIS) has Departmental Information Collection Clearance Officer. DEPARTMENT OF AGRICULTURE been delegated the authority to exercise the functions of the Secretary as [FR Doc. 2010–1348 Filed 1–22–10; 8:45 am] Submission for OMB Review; provided in the Federal Meat Inspection BILLING CODE 3410–DM–P Comment Request, Correction Act (FMIA) (21 U.S.C. 601 et seq.) and the Poultry Products Inspection Act January 20, 2010. (PPIA) (21 U.S.C. 451 et seq.). These DEPARTMENT OF AGRICULTURE The Department of Agriculture has statutes mandate that FSIS protect the submitted the following information public by ensuring that meat and Submission for OMB Review; collection requirement(s) to OMB for poultry products are safe, wholesome, Comment Request review and clearance under the unadulterated, and properly labeled and January 20, 2010. Paperwork Reduction Act of 1995, packaged. FSIS requires that meat and The Department of Agriculture has Public Law 104–13. Comments poultry establishments exporting submitted the following information regarding (a) Whether the collection of products to foreign countries complete information is necessary for the proper an export certificate. Meat and poultry collection requirement(s) to OMB for performance of the functions of the products not marked with the mark of review and clearance under the agency, including whether the inspection and shipped from one Paperwork Reduction Act of 1995, information will have practical utility; official establishment to another for Public Law 104–13. Comments (b) the accuracy of the agency’s estimate further processing must be transported regarding (a) Whether the collection of of burden including the validity of the under FSIS seal to prevent such information is necessary for the proper methodology and assumptions used; (c) unmarked product from entering into performance of the functions of the ways to enhance the quality, utility and commerce. To track product shipped agency, including whether the clarity of the information to be under seal, FSIS requires shipping information will have practical utility; collected; (d) ways to minimize the establishments to complete a form that (b) the accuracy of the agency’s estimate burden of the collection of information identifies the type, amount, and weight of burden including the validity of the on those who are to respond, including of the product. Foreign countries methodology and assumptions used; (c) through the use of appropriate exporting meat and poultry products to ways to enhance the quality, utility and automated, electronic, mechanical, or the U.S. must establish eligibility for clarity of the information to be other technological collection importation of product into the U.S., collected; (d) ways to minimize the techniques or other forms of information and annually certify that their burden of the collection of information technology should be addressed to: Desk inspection systems are ‘‘equivalent to’’ on those who are to respond, including Officer for Agriculture, Office of the U.S. inspection system. Meat and through the use of appropriate Information and Regulatory Affairs, poultry products intended for import automated, electronic, mechanical, or Office of Management and Budget into the U.S. must be accompanied by other technological collection (OMB), a health certificate, signed by an official techniques or other forms of information [email protected] or of the foreign government, stating that technology should be addressed to: Desk fax (202) 395–5806 and to Departmental certified foreign establishments have Officer for Agriculture, Office of Clearance Office, USDA, OCIO, Mail produced the products. FSIS will collect Information and Regulatory Affairs, Stop 7602, Washington, DC 20250– information using three FSIS forms. Office of Management and Budget 7602. Comments regarding these Need and Use of the Information: (OMB), information collections are best assured FSIS will collect information to identify [email protected] or of having their full effect if received the product type, quantity, destination, fax (202) 395–5806 and to Departmental within 30 days of this notification. and originating country of the meat and Clearance Office, USDA, OCIO, Mail Copies of the submission(s) may be poultry. Also, FSIS will collect name, Stop 7602, Washington, DC 20250– obtained by calling (202) 720–8958. number, method of shipping, and 7602. Comments regarding these An agency may not conduct or destination of product, type and information collections are best assured sponsor a collection of information description of product to be shipped, of having their full effect if received unless the collection of information reason for shipping product, and a within 30 days of this notification. displays a currently valid OMB control signature. FSIS will use the information Copies of the submission(s) may be number and the agency informs to verify that a meat or poultry product obtained by calling (202) 720–8681. potential persons who are to respond to intended for import has been prepared An agency may not conduct or the collection of information that such in a plant certified to prepare product sponsor a collection of information persons are not required to respond to for export to the U.S. FSIS will use the unless the collection of information

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displays a currently valid OMB control graduate their direct loan borrowers to technology should be addressed to: Desk number and the agency informs other credit when they are able to do so. Officer for Agriculture, Office of potential persons who are to respond to Graduation is an integral part of Agency Information and Regulatory Affairs, the collection of information that such lending, as Government loans beyond a Office of Management and Budget persons are not required to respond to borrower’s need for subsidized rates of (OMB), the collection of information unless it non-market terms. The notes, security [email protected] or displays a currently valid OMB control instruments, or loan agreements of most fax (202) 395–5806 and to Departmental number. borrowers require borrowers to Clearance Office, USDA, OCIO, Mail refinance their Agency loans when other Stop 7602, Washington, DC 20250– Rural Housing Service credit becomes available at reasonable 7602. Comments regarding these Title: 7 CFR Part 1924–A, Planning rates and terns. If the borrower finds information collections are best assured and Performing Construction and Other other credit is not available at of having their full effect if received Development. reasonable rates and terms, the Agency within 30 days of this notification. OMB Control Number: 0575–0042. will continue to review the borrower for Copies of the submission(s) may be Summary of Collection: The Rural possible graduation at periodic obtained by calling (202) 720–8958. Housing Service (RHS) is the credit intervals. Information will be collected An agency may not conduct or agency for rural housing and from the borrowers concerning their sponsor a collection of information community development within the loans. unless the collection of information Rural Development mission area of the Need and Use of the Information: The displays a currently valid OMB control United States Department of information submitted by RBS and RHS number and the agency informs Agriculture. RHS offers a supervised borrowers to Agency offices is used to potential persons who are to respond to credit program to build modest housing graduate direct borrowers to private the collection of information that such and essential community facilities in credit with or without the use of Agency persons are not required to respond to rural areas. Section 501 of Title V of the loan guarantees. The data collected will the collection of information unless it Housing Act of 1949, authorizes the include financial information such as displays a currently valid OMB control Secretary of Agriculture to extend income, farm operating expenses, asset number. financial assistance to construct, values, and liabilities. improve, alter, repair, replace, or Description of Respondents: Farms; Animal and Plant Health Inspection rehabilitate dwellings, farm buildings Business or Other for-Profit. Service and/or related facilities to provide Number of Respondents: 131. Frequency of Responses: Reporting: Title: Federal Plant Pest, Noxious decent, safe sanitary living conditions Weed, and Garbage Regulations. and adequate farm building and other Annually. Total Burden Hours: 339. OMB Control Number: 0579–0054. structures in rural areas. Summary of Collection: In accordance Need and Use of the Information: Charlene Parker, with Section 412 of the Plant Protection RHS provides several forms to assist in Departmental Information Collection Act (Title IV, Pub. L. 106–224, 114 Stat. the collection and submission of Clearance Officer. 438, 7 U.S.C. 7712), the Secretary of information. The information will be [FR Doc. 2010–1352 Filed 1–22–10; 8:45 am] Agriculture is authorized to prohibit or used to determine whether a loan/grant BILLING CODE 3410–XT–P restrict the importation, entry, can be approved; to ensure that RHS has exportation, or movement of interstate adequate security for the loans financed; commerce of any plant, plant product, to monitor compliance with the terms DEPARTMENT OF AGRICULTURE biological control organism, noxious and conditions of the agency loan/grant weed, article, or means of conveyance, and to monitor the prudent use of Submission for OMB Review; if the Secretary determines that the Federal funds. If the information is not Comment Request prohibition or restriction is necessary to collected and submitted, RHS would January 20, 2010. prevent the introduction or have no control over the type and The Department of Agriculture has dissemination of a plant pest or noxious quality of construction and submitted the following information weed within the United States. Animal development work planned and collection requirement(s) to OMB for and Plant Health Inspection Service’s performed with Federal funds. (APHIS) regulations implementing the Description of Respondents: review and clearance under the Plant Protection Act are contained (in Individuals or Households; Business or Paperwork Reduction Act of 1995, part) in part 330 of Title 7, Code of Other For-Profit; Not-For-Profit Public Law 104–13. Comments Federal Regulations and part 360 of Institutions; Farms; State, Local and regarding (a) Whether the collection of Title 7, Code of Federal Regulations. Tribal Government. information is necessary for the proper Number of Respondents: 23,643. performance of the functions of the Need and Use of the Information: Frequency of Responses: agency, including whether the APHIS will collect information to Recordkeeping; Report: On occasion. information will have practical utility; evaluate the risk associated with the Total Burden Hours: 117,022. (b) the accuracy of the agency’s estimate interstate movement of plant pest, of burden including the validity of the noxious weeds, and soil. APHIS will Rural Housing Service methodology and assumptions used; (c) also collect information to monitor Title: 7 CFR 1951–F, Analyzing Credit ways to enhance the quality, utility and operations at facility to ensure permit Needs and Graduation of Borrower. clarity of the information to be conditions are being met. The OMB Control Number: 0575–0093. collected; (d) ways to minimize the information is used to determine Summary of Collection: Section 333 of burden of the collection of information whether a permit can be issued, and the Consolidated Farm and Rural on those who are to respond, including also to develop risk-mitigating Development Act and Section 502 of the through the use of appropriate conditions for the proposed movement. Housing Act of 1949, require the Rural automated, electronic, mechanical, or If the information were not collected, Housing Service (RHS), and the Rural other technological collection APHIS ability to protect the United Business-Cooperative Service (RBS) to techniques or other forms of information States from a plant pest or noxious weed

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incursion would be significantly DEPARTMENT OF AGRICULTURE 2011. The FFVP administered by FNS compromised. has the broad goal of fighting childhood Description of Respondents: Business Submission for OMB Review; obesity and improving overall diet or other for-profit; Individuals or Comment Request quality by teaching children healthier eating habits. Increased consumption of households; State, Local or Tribal January 20, 2010. fruits and vegetables has been found to Government. The Department of Agriculture has reduce long-term obesity risk. Specific Number of Respondents: 25,755. submitted the following information objectives of the FFVP are: To create Frequency of Responses: collection requirement(s) to OMB for healthier school environments by Recordkeeping; Reporting: On occasion. review and clearance under the providing healthier food choices; to Paperwork Reduction Act of 1995, Total Burden Hours: 15,717. expand the variety of fruits and Public Law 104–13. Comments Animal Plant and Health Inspection vegetables children experience; to regarding (a) Whether the collection of Service increase children’s fruit and vegetable information is necessary for the proper consumption; and to make a difference performance of the functions of the Title: Importation of Live Swine Pork in children’s diets to impact their agency, including whether the and Pork Products and Swine Semen present and future health. from the European Union, information will have practical utility; Need and Use of the Information: The OMB Control Number: 0579–0218, (b) the accuracy of the agency’s estimate evaluation of the FFVP has two main Summary of Collection: The Animal of burden including the validity of the objectives: (1) To examine how the Health Protection Act (AHPA) of 2002 is methodology and assumptions used; (c) FFVP is currently being implemented, the primary Federal law governing the ways to enhance the quality, utility and and (2) to estimate program impacts on protection of health of animals under clarity of the information to be participating students. To address these APHIS’ regulatory authority. The Law collected; (d) ways to minimize the objectives, FNS has 36 research gives the Secretary of Agriculture broad burden of the collection of information questions that will be grouped into six authority to detect, control, or eradicate on those who are to respond, including broad research categories for the pests or diseases of livestock or poultry. through the use of appropriate evaluation. The information gathered in The Animal Plant and Health Inspection automated, electronic, mechanical, or the data collection activities will be Service (APHIS) conducts disease other technological collection used by FNS to determine if students at prevention activities in accordance with techniques or other forms of information FFVP schools have higher fresh fruits regulations in Title 9, Chapter 1, technology should be addressed to: Desk and vegetable consumption than Subchapter D, Parts 91 through 99, of Officer for Agriculture, Office of students at non-participating schools, the Code of Federal Regulations. These Information and Regulatory Affairs, and whether FFVP induced other regulations govern the importation of Office of Management and Budget dietary changes such as decreased animals, birds, and poultry products, (OMB), _ consumption of less nutritious foods and animal germplasm. Under these OIRA [email protected] or among students. regulations, certain regions of the fax (202) 395–5806 and to Departmental Description of Respondents: State, European Union are allowed to export Clearance Office, USDA, OCIO, Mail Local, or Tribal Government; into the United States live breeding Stop 7602, Washington, DC 20250– Individuals or households. swine, pork, and pork products and 7602. Comments regarding these Number of Respondents: 18,854. swine semen. information collections are best assured Frequency of Responses: Need and Use of the Information: of having their full effect if received Recordkeeping; Report: Annually. APHIS will collect information within 30 days of this notification. Total Burden Hours: 8,478. Copies of the submission(s) may be concerning the origin and history of the Ruth Brown, items destined for importation into the obtained by calling (202) 720–8958. An agency may not conduct or Departmental Information Collection United States. APHIS will also collect sponsor a collection of information Clearance Officer. information to ensure that swine, pork unless the collection of information [FR Doc. 2010–1355 Filed 1–22–10; 8:45 am] and pork products, and swine semen displays a currently valid OMB control BILLING CODE 3410–30–P pose a negligible risk of introducing number and the agency informs exotic swine diseases into the United potential persons who are to respond to States. If the information is not collected the collection of information that such DEPARTMENT OF AGRICULTURE it would cripple APHIS ability to ensure persons are not required to respond to that swine, pork and pork products, and Rural Housing Service the collection of information unless it swine semen pose a minimal risk of displays a currently valid OMB control introducing classical swine fever and USDA Section 538 Guaranteed Rural number. other exotic animal disease into the Rental Housing Program; 2010 United States. Food and Nutrition Service Industry Forums—Open Teleconference and/or Web Description of Respondents: Business Title: Food and Nutrition Service Conference Meetings or other for profit; Federal Government. Evaluation of the Fresh Fruit and Number of Respondents: 25. Vegetable Program (FFVP). AGENCY: Rural Housing Service, USDA. Frequency of Responses: Reporting: OMB Control Number: 0584–NEW. ACTION: Notice. On occasion. Summary of Collection: The Food, Total Burden Hours: 8,242. Conservation and Energy Act of 2008 SUMMARY: This notice announces a (the Farm Bill) (Pub. L. 110–246) series of teleconference and/or Web Ruth Brown, expanded the Fresh Fruit and Vegetable conference meetings regarding the Departmental Information Collection Program (FFVP) nationwide and USDA Section 538 Guaranteed Rural Clearance Officer. directed the Food and Nutrition Service Rental Housing Program, which are [FR Doc. 2010–1354 Filed 1–22–10; 8:45 am] (FNS) to conduct an evaluation resulting scheduled to occur during the months of BILLING CODE 3410–34–P in a report to Congress in September January, April, July and October in

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2010. This notice also outlines Civil Rights (Commission), and the agencies to take this opportunity to suggested discussion topics for the Federal Advisory Committee Act comment on the continuing information meetings and is intended to notify the (FACA), that a planning meeting of the collection, as required by the Paperwork general public of their opportunity to Health Disparities Subcommittee of the Reduction Act of 1995, Public Law 104– participate in the teleconference and/or Illinois Advisory Committee to the 13 (44 U.S.C. 3506(c)(2)(A)). web conference meetings. Commission will convene at 8 a.m. and DATES: Written comments must be DATES: The dates and times for the adjourn at 10 a.m. on February 22, 2010, submitted on or before March 26, 2010. teleconference and/or web conference at 55 W. Monroe St., Chicago, IL 60603. ADDRESSES: You may submit comments meetings will be announced via e-mail The purpose of the meeting is to plan by any of the following methods: to parties registered as described below for the Committee’s report on Health • E-mail: [email protected]. in FOR FURTHER INFORMATION CONTACT. Disparities in Chicago. The meeting will Include ‘‘0651–0046 comment’’ in the FOR FURTHER INFORMATION CONTACT: Any consist of approximately five local subject line of the message. member of the public wishing to register health disparities experts discussing • Fax: 571–273–0112, marked to the for the calls and obtain the call-in issues regarding the project. attention of Susan K. Fawcett. number, access code, Web link and Members of the public are entitled to • Mail: Susan K. Fawcett, Records other information for any of the public submit written comments; the Officer, Office of the Chief Information teleconferences and or web conferences comments must be received in the Officer, United States Patent and may contact James F. Carey, Financial regional office by March 22, 2010. The Trademark Office, P.O. Box 1450, and Loan Analyst, Multifamily Housing address is 55 W. Monroe St., Suite 410, Alexandria, VA 22313–1450. • Guaranteed Loan Division, Rural Chicago, IL 60603. Persons wishing to e- Federal Rulemaking Portal: http:// Development, United States Department mail their comments, or to present their www.regulations.gov. of Agriculture, telephone: (202) 401– comments verbally at the meeting, or FOR FURTHER INFORMATION CONTACT: 2307, fax: (202) 205–5066, or e-mail: who desire additional information Requests for additional information [email protected]. should contact David Mussatt, Director, should be directed to Shirley Hassan, 312–353–8311, TDD/TTY 312–353– SUPPLEMENTARY INFORMATION: The Office of General Law, United States 8324, or by e-mail: [email protected]. Patent and Trademark Office, P.O. Box objectives of this series of Hearing-impaired persons who will 15667, Arlington, VA 22215; by teleconferences are as follows: attend the meeting and require the • telephone at 571–272–3000; or by e-mail Enhance the effectiveness of the services of a sign language interpreter to [email protected]. Section 538 Guaranteed Rural Rental should contact the Regional Office at Housing Program. least ten (10) working days before the SUPPLEMENTARY INFORMATION: • Establish a two way scheduled date of the meeting. I. Abstract communications forum to update Records generated from this meeting The purpose of this collection is to industry participants and Rural Housing may be inspected and reproduced at the cover information requirements related staff. Midwestern Regional Office, as they • to civil actions and claims involving Enhance RHS’ awareness of the become available, both before and after current and former employees of the market and other forces that impact the the meeting. Persons interested in the United States Patent and Trademark Section 538 Multifamily Guaranteed work of this advisory committee are Office (USPTO). The rules for these Loan program. advised to go to the Commission’s Web legal processes may be found under 37 Topics to be discussed could include site, http://www.usccr.gov, or to contact CFR Part 104, which outlines but will not be limited to the following: the Midwestern Regional Office at the • Updates on the USDA Section 538 procedures for service of process, above e-mail or street address. Guaranteed Rural Rental Housing The meeting will be conducted demands for employee testimony and Program FY 2009–2010 activities. pursuant to the provisions of the rules production of documents in legal • Perspectives on the current state of and regulations of the Commission and proceedings, reports of unauthorized debt financing and its impact on the FACA. testimony, employee indemnification, Section 538 program. and filing claims against the USPTO • Enhancing the use of Section 538 Dated in Washington, DC, January 19, under the Federal Tort Claims Act (28 financing with the transfer and/or 2010. U.S.C. 2672) and the corresponding preservation of Section 515 Peter Minarik, Department of Justice regulations (28 developments. Acting Chief, Regional Programs CFR Part 14). The public may also • The impact of Low Income Housing Coordination Unit. petition the USPTO Office of General Tax Credit program changes on Section [FR Doc. 2010–1345 Filed 1–22–10; 8:45 am] Counsel under 37 CFR 104.3 to waive or 538 financings. BILLING CODE 6335–01–P suspend these rules in extraordinary Dated: January 14, 2010. cases. Tammye Trevin˜ o, The procedures under 37 CFR Part Administrator, Rural Housing Service. DEPARTMENT OF COMMERCE 104 ensure that service of process intended for current and former [FR Doc. 2010–1329 Filed 1–22–10; 8:45 am] Patent and Trademark Office employees of the USPTO is handled BILLING CODE 3410–XV–P properly. The USPTO will only accept Legal Processes service of process for an employee acting in an official capacity. This COMMISSION ON CIVIL RIGHTS ACTION: Proposed collection; comment request. collection is necessary so that Agenda and Notice of Public Meeting respondents or their representatives can SUMMARY: of the Illinois Advisory Committee The United States Patent and serve a summons or complaint on the Trademark Office (USPTO), as part of its USPTO, demand employee testimony Notice is hereby given, pursuant to continuing effort to reduce paperwork and documents related to a legal the provisions of the rules and and respondent burden, invites the proceeding, or file a claim under the regulations of the U.S. Commission on general public and other Federal Federal Tort Claims Act. Respondents

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may also petition the USPTO to waive II. Method of Collection USPTO expects that the information in or suspend these rules for legal By mail or hand delivery to the this collection will be prepared by processes. This collection is also USPTO. attorneys and former employees, except necessary so that current and former for the requests for employee USPTO employees may properly III. Data indemnification, which generally come forward service and demands to the OMB Number: 0651–0046. from professional and supervisory staff. Office of General Counsel, report Form Number(s): None. Since many of the former employees unauthorized testimony, and request Type of Review: Revision of a affected by this collection are attorneys, indemnification. The USPTO covers currently approved collection. the attorney rate will be used for former current employees as respondents under Affected Public: Individuals or employees as well. Using the this information collection even though households; businesses or other for- professional rate of $325 per hour for their responses do not require approval profits; not-for-profit institutions; and attorneys in private firms, the USPTO under the Paperwork Reduction Act. In the Federal Government. those instances where both current and Estimated Number of Respondents: estimates that the respondent cost former employees may respond to the 291 responses per year. burden for attorneys and former USPTO, the agency estimates that the Estimated Time per Response: The employees submitting the information number of respondents will be small. USPTO estimates that it will take the in this collection will be $16,575 per There are no forms provided by the public from 5 minutes (0.08 hours) to 1 year. Using the estimate of $77 per hour USPTO for this collection. For filing hour to gather the necessary for professional and supervisory staff, claims under the Federal Tort Claims information, prepare the appropriate the USPTO expects that the respondent Act, the public may use Standard Form documents, and submit the information cost burden for submitting requests for 95 ‘‘Claim for Damage, Injury, or Death,’’ required for this collection. employee indemnification will be $77 which is provided by the Department of Estimated Total Annual Respondent per year. Therefore, the respondent cost Justice and approved by the Office of Burden Hours: 52 hours per year. burden for this collection will be Management and Budget (OMB) under Estimated Total Annual Respondent $16,652 per year. OMB Control Number 1105–0008. Cost Burden: $16,652 per year. The

Estimated annual Estimated annual Item Estimated time for response responses burden hours

Petition to Waive Rules ...... 30 minutes ...... 5 3 Service of Process ...... 5 minutes ...... 243 19 Forwarding Service ...... 10 minutes ...... 7 1 Employee Testimony and Production of Documents in Legal Pro- 1 hour ...... 22 22 ceedings. Forwarding Demands ...... 10 minutes ...... 7 1 Report of Unauthorized Testimony ...... 30 minutes ...... 1 1 Report of Possible Indemnification Cases ...... 30 minutes ...... 3 2 Employee Indemnification ...... 30 minutes ...... 1 1 Tort Claims ...... 1 hour ...... 2 2

Totals ...... 291 52

Estimated Total Annual Non-hour USPTO per year, for a postage cost of collected; and (d) ways to minimize the Respondent Cost Burden: $3,122 per $42. The USPTO estimates that the burden of the collection of information year. There are no capital start-up, average postage for a Service of Process on respondents, e.g., the use of maintenance, or recordkeeping costs will be $10.00 and that up to 243 of automated collection techniques or associated with this information these submissions will be mailed to the other forms of information technology. collection. However, this collection USPTO per year, for a postage cost of Comments submitted in response to does have annual (non-hour) costs in $2,430. The total estimated postage cost this notice will be summarized or the form of filing fees and postage costs. for this collection is approximately This collection has filing fees $2,472 per year. included in the request for OMB associated with the petition to waive or The total non-hour respondent cost approval of this information collection; suspend the legal process rules under 37 burden for this collection in the form of they also will become a matter of public CFR 104.3. The filing fee for this filing fees and postage costs is record. petition is $130, and the USPTO approximately $3,122 per year. Dated: January 14, 2010. estimates that approximately 5 petitions Susan K. Fawcett, will be filed per year for a total filing IV. Request for Comments Records Officer, USPTO, Office of the Chief Comments are invited on: (a) Whether cost of $650. There are no other filing Information Officer. fees associated with this information the proposed collection of information collection. is necessary for the proper performance [FR Doc. 2010–1276 Filed 1–22–10; 8:45 am] Customers may incur postage costs of the functions of the agency, including BILLING CODE 3510–16–P when submitting the information in this whether the information shall have collection to the USPTO by mail. The practical utility; (b) the accuracy of the USPTO estimates that the average first- agency’s estimate of the burden class postage for a mailed submission, (including hours and cost) of the other than a Service of Process, will be proposed collection of information; (c) 88 cents and that up to 48 of these ways to enhance the quality, utility, and submissions will be mailed to the clarity of the information to be

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DEPARTMENT OF COMMERCE Dated January 19, 2010. Application accepted by Commissioner Christopher Cassel, of Customs: December 30, 2009. International Trade Administration Director, IA Subsidies Enforcement Office. Dated: January 19, 2010. Application(s) for Duty-Free Entry of [FR Doc. 2010–1337 Filed 1–22–10; 8:45 am] Christopher Cassel, Scientific Instruments BILLING CODE 3510–DS–P Director, IA Subsidies Enforcement Office. [FR Doc. 2010–1339 Filed 1–22–10; 8:45 am] Pursuant to Section 6(c) of the Educational, Scientific and Cultural DEPARTMENT OF COMMERCE BILLING CODE 3510–DS–P Materials Importation Act of 1966 (Pub. International Trade Administration L. 89–651, as amended by Pub. L. 106– DEPARTMENT OF COMMERCE 36; 80 Stat. 897; 15 CFR part 301), we Application(s) for Duty-Free Entry of invite comments on the question of International Trade Administration whether instruments of equivalent Scientific Instruments scientific value, for the purposes for Pursuant to Section 6(c) of the Yale University, et al.; Notice of which the instruments shown below are Educational, Scientific and Cultural Consolidated Decision on Applications intended to be used, are being Materials Importation Act of 1966 (Pub. for Duty-Free Entry of Electron manufactured in the United States. L. 89–651, as amended by Pub. L. 106– Microscopes Comments must comply with 15 CFR 36; 80 Stat. 897; 15 CFR part 301), we This is a decision consolidated 301.5(a)(3) and (4) of the regulations and invite comments on the question of be postmarked on or before February 16, pursuant to Section 6(c) of the whether instruments of equivalent Educational, Scientific, and Cultural 2010. Address written comments to scientific value, for the purposes for Statutory Import Programs Staff, Room Materials Importation Act of 1966 (Pub. which the instruments shown below are L. 89–651, as amended by Pub. L. 106– 3720, U.S. Department of Commerce, intended to be used, are being Washington, DC 20230. Applications 36; 80 Stat. 897; 15 CFR part 301). manufactured in the United States. Related records can be viewed between may be examined between 8:30 a.m. and Comments must comply with 15 CFR 5 p.m. at the U.S. Department of 8:30 a.m. and 5 p.m. in Room 3705, U.S. 301.5(a)(3) and (4) of the regulations and Department of Commerce, 14th and Commerce in Room 3720. be postmarked on or before February 16, Docket Number: 09–068. Applicant: Constitution Avenue, NW., Washington, 2010. Address written comments to DC. University of Arkansas, 321 Statutory Import Programs Staff, Room Administration Building, Fayetteville, Docket Number: 09–064. Applicant: 3720, U.S. Department of Commerce, Arkansas 72701. Yale University, New Haven, CT 06520– Washington, DC 20230. Applications Instrument: Fluorescence Lifetime 8284. Instrument: Electron Microscope, Imaging Microscope. may be examined between 8:30 a.m. and Quanta 3D Dual-Beam Focused Ion- Manufacturer: PicoQuant Photonics, 5 p.m. at the U.S. Department of Beam Tool. Manufacturer: FEI Germany. Intended Use: The instrument Commerce in Room 3720. Company, Czech Republic. Intended will be used to measure both Docket Number: 09–069. Applicant: Use: See notice at 74 FR 67851, fluorescence lifetime and fluorescence University of Pittsburgh, 4200 Fifth December 21, 2009. intensity of single nanoparticles and Ave., Pittsburgh, PA 15260. Instrument: Docket Number: 09–065. Applicant: biomolecules. The instrument must be Electron Microscope. Manufacturer: U.S. Department of Homeland Security, able to perform using lasers with both JEOL, Ltd., Japan. Intended Use: This Science and Technology Directorate, continuous wave (CW) and pulsed instrument will be used to conduct Frederick, MD 21702. Instrument: mode. The use of picoseconds pulsed research, focusing on analyzing Scanning Electron Microscope, Quanta lasers is necessary to measure ultrastructurally the plasticity of the 200 FEG. Manufacturer: FEI Company, fluorescence lifetime. The use of CW brain and auditory pathway, in Czech Republic. Intended Use: See lasers, so that the fluorophores will be particular, different models of hearing notice at 74 FR 67851, December 21, continuously excited, is necessary to loss. This instrument provides the 2009. measure fluorescence intensity. The required resolution for such analysis. Comments: None received. Decision: driver that controls the laser head Justification for Duty-Free Entry: No Approved. No instrument of equivalent provides user-selectable pulsed instruments of same general category are scientific value to the foreign repetition rates. This instrument is manufactured in the United States. instrument, for such purposes as these unique in that it is capable of pulsed Application accepted by Commissioner instruments are intended to be used, interleaved excitation (PIE)— of Customs: December 28, 2009. was being manufactured in the United Fluorescence Resonance Energy Docket Number: 09–070. Applicant: States at the time the instruments were Transfer (FRET) and of allowing Haverford College, 370 Lancaster Ave., ordered. Reasons: Each foreign repetition rates to be continuously Haverford, PA 19041. Instrument: JEM– instrument is an electron microscope varied down to the 200 kHz range. 1400 Electron Microscope. and is intended for research or scientific Furthermore, the instrument is Manufacturer: JEOL Ltd., Japan. educational uses requiring an electron compatible with atomic force Intended Use: The instrument will be microscope. We know of no electron microscopy by using objective scanning used for the ultrastructural study of microscope, or any other instrument mode rather than sample scanning mode prokaryotic and eukaryotic cell suited to these purposes, which was so that the sample-scanning Atomic structure, the assembly of peptides and being manufactured in the United States Force Microscope (AFM) can be added proteins into filaments and other at the time of order of each instrument. to the microscope in a future upgrade. geometries, the analysis of porphyrin Justification for Duty-Free Entry: No and other chemical polymers, and other Dated: January 19, 2010. instruments of same general category are applications in cell biology, materials Christopher Cassel, manufactured in the United States. science and nanotechnology. Director, Subsidies Enforcement Office, Application accepted by Justification for Duty-Free Entry: There Import Administration. Commissioner of Customs: December are no domestic manufacturers of this [FR Doc. 2010–1338 Filed 1–22–10; 8:45 am] 28, 2009. type of electron microscope. BILLING CODE 3510–DS–P

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DEPARTMENT OF COMMERCE February 1, 2002, through January 31, on January 5, 2010. See Gerber v. United 2003 (fourth administrative review). See States II at 3. International Trade Administration Final Results. In the Final Results, the Timken Notice Department applied total adverse facts [A–570–851] available (AFA) in calculating the cash In its decision in Timken, 893 F.2d at Certain Preserved Mushrooms from deposit and assessment rates for 341, the CAFC held that, pursuant to the People’s Republic of China: Notice respondent Gerber Food (Yunnan) Co., section 516A(e) of the Tariff Act of of Court Decision Not in Harmony with Ltd. (Gerber), and partial AFA in 1930, as amended (the Act), the Final Results of Administrative Review calculating the cash deposit and Department must publish a notice of a assessment rates for respondent Green court decision that is not ‘‘in harmony’’ AGENCY: Import Administration, Fresh (Zhangzhou) Co., Ltd. (Green with a Department determination and International Trade Administration, Fresh). See Final Results, 69 FR at must suspend liquidation of entries Department of Commerce 54637–54638. The Department found pending a ‘‘conclusive’’ court decision. SUMMARY: On January 5, 2010, the that Gerber and Green Fresh were The CIT’s decision in Gerber v. United United States Court of International involved in a business arrangement/ States II constitutes a final decision of Trade (CIT) sustained the Department of scheme, commencing during the period that court that is not in harmony with Commerce’s (the Department’s) results of the prior (third) administrative the Department’s Final Results. This of redetermination pursuant to the CIT’s review, that resulted in the notice is published in fulfillment of the remand in Gerber Food (Yunnan) Co., circumvention of the proper payment of publication requirements of Timken. Ltd. and Green Fresh (Zhangzhou) Co., cash deposits on certain POR entries of Accordingly, the Department will Ltd. v. United States, Court No. 04– subject merchandise made by Gerber. As continue the suspension of liquidation 00454 (May 5, 2009) (Gerber v. United either total or partial AFA, the of the subject merchandise pending the States Remand Order). See Department applied the PRC–wide-rate expiration of the period of appeal or, if Redetermination Pursuant to Court of 198.63 percent to both companies. appealed, pending a final and Remand, dated July 24, 2009 (Remand Gerber and Green Fresh challenged the conclusive court decision. In the event Redetermination) (found at http:// Department’s resorting to the the CIT’s ruling is not appealed or, if ia.ita.doc.gov/remands); and Gerber application of AFA to determine their appealed, upheld by the CAFC, the Food (Yunnan) Co., Ltd. and Green cash deposit and assessment rates in the Department will instruct U.S. Customs Fresh (Zhangzhou) Co., Ltd. v. United Final Results. and Border Protection to assess States, Slip Op. 10–2 (January 5, 2010) In light of the CIT’s analysis in its antidumping duties on entries of the (Gerber v. United States II) . Consistent decisions in the litigation covering the subject merchandise during the POR with the decision of the United States third administrative review (see Gerber from Gerber and Green Fresh based on Court of Appeals for the Federal Circuit Food (Yunnan) Co., Ltd. and Green the revised assessment rates calculated (CAFC) in Timken Co. v. United States, Fresh (Zhangzhou) Co., Ltd. v. United by the Department. This notice of court 893 F.2d 337 (Fed. Cir. 1990) (Timken), States, Slip Op. 08–97 (September 16, decision is effective January 15, 2010. the Department is notifying the public 2008) (Gerber v. United States I), which This notice is issued and published in that the final judgment in this case is concerned the same parties and many of accordance with section 516A(c)(1) of not in harmony with the Department’s the same issues as those in the fourth the Act. final results of the administrative review administrative review, and the factual Dated: January 19, 2010. of the antidumping duty order on similarity between the administrative Ronald K. Lorentzen certain preserved mushrooms from the records of the third and fourth People’s Republic of China (PRC) Deputy Assistant Secretary for Import administrative reviews, the Government Administration. covering the period of review (POR) of of the United States requested a [FR Doc. 2010–1340 Filed 1–22–04; 8:45 am] February 1, 2002, through January 31, voluntary remand, which the CIT BILLING CODE 3510–DS–S 2003. See Certain Preserved Mushrooms granted on May 5, 2009. See Gerber v. from the People’s Republic of China: United States Remand Order. Pursuant Final Results of Sixth Antidumping to this remand order and consistent DEPARTMENT OF COMMERCE Duty New Shipper Review and Final with the Court’s analysis in Gerber v. Results and Partial Rescission of the United States I, the Department issued International Trade Administration Fourth Antidumping Duty its final results of redetermination on Administrative Review, 69 FR 54635 July 24, 2009. In this redetermination, [A–489–501] (September 9, 2004) (Final Results). the Department recalculated the margin FOR FURTHER INFORMATION CONTACT: for Gerber using a rate other than the Certain Welded Carbon Steel Pipe and Brian Smith, AD/CVD Operations, PRC–wide rate as partial AFA with Tube from Turkey: Extension of Time Office 2, Import Administration, respect to only those sales of subject Limit for Preliminary Results of International Trade Administration, merchandise made by Gerber during the Antidumping Duty Administrative U.S. Department of Commerce, 14th POR which were exported to the United Review Street and Constitution Avenue, NW, States using the invoices of Green Fresh. Washington, DC, 20230; telephone (202) The Department also recalculated the AGENCY: Import Administration, 482–1766. margin for Green Fresh exclusive of the International Trade Administration, SUPPLEMENTARY INFORMATION: application of AFA. The Department’s Department of Commerce. redetermination resulted in changes to FOR FURTHER INFORMATION CONTACT: Joy Background the Final Results weighted–average Zhang, or Christopher Hargett, AD/CVD On September 9, 2004, the margins for Gerber from 198.63 percent Operations, Office 3, Import Department published its final results in to 22.84 percent, and for Green Fresh Administration, International Trade the antidumping duty administrative from 42.90 percent to 15.83 percent. See Administration, U.S. Department of review of certain preserved mushrooms Remand Determination at 1, and 4–7. Commerce, Room 4014, 14th Street and from the PRC covering the POR of The CIT affirmed this redetermination Constitution Ave., NW, Washington, DC

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20230, telephone: (202) 482–1168 or DEPARTMENT OF COMMERCE app. 2 section 10(a)1 and 10(a)(3). The (202) 482–4161, respectively. remaining portions of the meeting will Bureau of Industry and Security SUPPLEMENTARY INFORMATION: be open to the public. For more information, call Yvette Background Transportation And Related Equipment Springer at (202) 482–2813. Technical Advisory Committee; Notice On June 24, 2009, the U.S. of Partially Closed Meeting Dated: January 19, 2010. Department of Commerce (‘‘the Yvette Springer, Department’’) published a notice of The Transportation and Related Committee Liaison Officer. Equipment Technical Advisory initiation of the administrative review of [FR Doc. 2010–1346 Filed 1–22–10; 8:45 am] Committee will meet on February 10, the antidumping duty order on certain BILLING CODE 3510–JT–P welded carbon steel pipe and tube from 2010, 9:30 a.m., in the Herbert C. Turkey covering the period May 1, 2008, Hoover Building, Room 6087B, 14th through April 30, 2009. See Initiation of Street between Constitution & DEPARTMENT OF COMMERCE Antidumping and Countervailing Duty Pennsylvania Avenues, NW., Administrative Reviews and Request for Washington, DC. The Committee National Oceanic and Atmospheric Revocation in Part, 74 FR 30052 (June advises the Office of the Assistant Administration 24, 2009). The preliminary results are Secretary for Export Administration currently due no later than January 31, with respect to technical questions that RIN: 0648–XT94 2010. affect the level of export controls applicable to transportation and related Mid-Atlantic Fishery Management Extension of Time Limit for Preliminary equipment or technology. Council; Public Meetings Results Public Session AGENCY: National Marine Fisheries Service (NMFS), National Oceanic Section 751(a)(3)(A) of the Tariff Act 1. Welcome and Introductions. of 1930, as amended (‘‘the Act’’), 2. Review Status of Working Groups. andAtmospheric Administration requires the Department to make a 3. Proposals from the Public. (NOAA), Commerce. preliminary determination within 245 ACTION: Notice of public meetings. days after the last day of the anniversary Closed Session month of an order for which a review 4. Discussion of matters determined to SUMMARY: The Mid-Atlantic Fishery is requested. Section 751(a)(3)(A) of the be exempt from the provisions relating Management Council (Council) and its Act further states that if it is not to public meetings found in 5 U.S.C. Executive Committee will hold public practicable to complete the review app. 2 sections 10(a)(1) and 10(a)(3). meetings. within the time period specified, the The open session will be accessible DATES: The meetings will be held administering authority may extend the via teleconference to 20 participants on Tuesday, February 9, 2010 through 245-day period to issue its preliminary a first come, first serve basis. To join the Thursday, February 11, 2010. See results to up to 120 days. conference, submit inquiries to Ms. SUPPLEMENTARY INFORMATION for specific We determine that completion of the Yvette Springer at dates and times. preliminary results of this review within [email protected] no later than February 3, 2010. A limited number of ADDRESSES: The meetings will be held at the 245-day period is not practicable for the Hyatt Regency Chesapeake Bay the following reason. The respondent seats will be available during the public session of the meeting. Reservations are Hotel, 100 Heron Blvd, Cambridge, MD claimed that during the period of 21613; telephone: (410) 901–1234 review, there were significant changes not accepted. To the extent time permits, members of the public may Council address: Mid-Atlantic Fishery in the total cost of manufacturing due to Management Council, 300 S. New St., significant changes in the cost of the present oral statements to the Committee. The public may submit Room 2115, Dover, DE 19904; primary raw material, hot–rolled sheet. telephone: (302) 674–2331. This requires the Department to gather written statements at any time before or FOR FURTHER INFORMATION CONTACT: and analyze a significant amount of after the meeting. However, to facilitate Daniel T. Furlong, Executive Director, information pertaining to the company’s distribution of publicpresentation Mid-Atlantic Fishery Management sales practices and manufacturing costs. materials to Committee members, the Council; telephone: (302) 674–2331 ext. Given the complexity of this issue, and Committee suggests that presenters 19. in accordance with section 751(a)(3)(A) forward the public presentation of the Act, we are extending the time materials prior to the meeting to Ms. SUPPLEMENTARY INFORMATION: Springer via email. period for issuing the preliminary Tuesday, February 9, 2010 results of the review by 120 days. The The Assistant Secretary for preliminary results are now due no later Administration, with the concurrence of 9 a.m. until 10 a.m. -- The Executive than May 31, 2010. The final results the delegate of the General Counsel, Committee will meet. continue to be due 120 days after formally determined on November 9, 10 a.m. -- The Council will convene. publication of the preliminary results. 2009, pursuant to section 10(d) of the 10 a.m. until 11 a.m. -- The Council Federal Advisory Committee Act, as will receive the Standardized Bycatch This notice is issued and published in amended (5 U.S.C. app. 2 section Reporting Methodology (SBRM) Annual accordance with section 751(a)(3)(A) of (10)(d)), that the portion of the meeting Report. the Act. dealing with matters the disclosure of 11 a.m. until 12 p.m. -- The Council Dated: January 19, 2010. portion of the meeting dealing with will hear a presentation on the peer John M. Andersen, matters the disclosure of which would review of the Albatross/Bigelow vessel Acting Deputy Assistant Secretary for be likely to frustrate significantly calibration data and analyses including Antidumping and Countervailing Duty implementation of an agency action as summary results and recommendations. Operations. described in 5 U.S.C. 552b(c)(9)(B) shall 1 p.m. until 5:30 p.m. -- There will be [FR Doc. 2010–1343 Filed 1–22–10; 8:45 am] be exempt from the provisions relating a Council Workshop on the Research BILLING CODE 3510–DS–S to public meetings found in 5 U.S.C. Set-Aside (RSA) Program.

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7 p.m. -- A Public Hearing on requirements pertinent to RSA programs Although non-emergency issues not Amendment 11 to the Atlantic and discuss improvements already contained in this agenda may come Mackerel, Squid, and Butterfish Fishery made, review RSA program economics, before this group for discussion, in Management Plan (FMP) will convene. costs, benefits, business practices, and accordance with the Magnuson-Stevens consider alternative business models, Fishery Conservation and Management Wednesday, February 10, 2010 explore proposed measures to improve Act (Magnuson-Stevens Act), those 8 a.m. until 8:45 a.m. -- The Council the RSA program and discuss what issues may not be the subject of formal will convene for the 49th Northeast agency or entity is primarily responsible action during these meetings. Actions Regional Stock Assessment Workshop for each proposed action, and revisit the will be restricted to those issues Report. RSA program’s objectives as originally specifically identified in this notice and 8:45 a.m. until 9:45 a.m. -- The perceived by the Council and determine any issues arising after publication of Council will hear a presentation on the if they are still relevant or need this notice that require emergency draft-interim NOAA Catch Share Policy. updating. A Public Hearing on action under Section 305(c) of the 9:45 a.m. until 12 p.m. -- The Amendment 11 to the Atlantic Magnuson-Stevens Act, provided the Ecosystems and Ocean Planning Mackerel, Squid, and Butterfish FMP public has been notified of the Council’s Committee will meet as a Committee of will be held in the evening. intent to take final action to address the the Whole. On Wednesday, February 10 - the emergency. 1 p.m. until 5:30 p.m. -- The Council Council will convene to receive the 49th Special Accommodations will visit a Clam Processing Plant in Northeast Regional Stock Assessment Milford, DE. Workshop Report on the Butterfish and These meetings are physically Thursday, February 11, 2010 Surfclam Assessments. The Council will accessible to people with disabilities. receive a presentation on the draft- Requests for sign language 8 a.m. -- The Council will convene. interim NOAA Catch Share Policy by interpretation or other auxiliary aid 8 a.m. until 9 a.m. -- A Public Hearing should be directed to M. Jan Bryan, on Amendment 5 to the Monkfish FMP Monica Medina [Senior Advisor to Dr. Lubchenco and Catch Share Task Force (302) 674–2331 ext 18, at least 5 days will be held. prior to the meeting date. 9 a.m. until 10:30 a.m. -- There will Chairperson]. The Ecosystems and be a Council discussion of Omnibus Ocean Planning Committee will meet as Dated: January 20, 2010. Annual Catch Limits and Accountability a Committee of the Whole to receive a Tracey L. Thompson, Measures (ACL/AM). presentation by Sam Rauch (NOAA) on Acting Director, Office of Sustainable 10:30 a.m. until 11:30 p.m. -- There Ocean Policy Task Force and Coastal Fisheries, National Marine Fisheries Service. will be a Marine Recreational and Marine Spatial Planning (CMSP), a [FR Doc. 2010–1305 Filed 1–22–10; 8:45 am] Information Program (MRIP) Update. Marine Spatial Planning (MSP) BILLING CODE 3510–22–S 11:30 a.m. until 12 p.m. -- The presentation by Jay Odell (Nature Council will hear the Scientific and Conservancy), develop comments on Statistical Committee (SSC) Report. CMSP Framework, and discuss two DEPARTMENT OF DEFENSE 1 p.m. until 2 p.m. -- The Council will potential lease areas for renewable and discuss the SSC’s Amended 2010 non-renewable energy resources off the Office of the Secretary Acceptable Biological Catch (ABC) VA coast. The Council will then tour a recommendations. Clam Processing Plant in Milford, DE on Federal Advisory Committee; Defense 2 p.m. until 4 p.m. -- The Council will Wednesday afternoon. Science Board; Closed Meeting hold its regular Business Session to On Thursday, February 11 - the AGENCY: Department of Defense (DoD). approve the December minutes, receive Council will convene for a Public Organizational Reports, Executive Hearing on Amendment 5 to the ACTION: Notice of advisory committee Director’s Report, status of the FMP’s, Monkfish FMP and to discuss proposed meeting. changes to and impacts on the Monkfish Committee reports, Liaison Report, and SUMMARY: The Defense Science Board conduct any continuing and/or new fishery. The Council will discuss its risk will meet in closed session on February business. policy and the ABC Control Rule 24–25, 2010; at the Pentagon, Arlington, Agenda items by day for the Council’s Framework being developed in the VA. At this meeting, the Board will Committees and the Council itself are: Omnibus ACL/AM Amendment. The discuss interim findings and On Tuesday, February 9 - The Council will receive an update on MRIP recommendations resulting from Executive Committee will meet to and the National Registry program. The ongoing Task Force activities. The discuss the Council Coordination Council will receive a SSC Report Board will also discuss plans for future Committee Meeting Report, the Catch which will discuss the SSC findings on consideration of scientific and technical Shares Workshop, the Executive reconsideration of the 2010 ABC aspects of specific strategies, tactics, and Director search, and any other business. recommendation for black sea bass. The policies as they may affect the U.S. The Council will receive the (SBRM) Council will then consider the SSC’s national defense posture and homeland Annual Report. The Council will then Amended 2010 ABC recommendation security. receive a presentation on peer review of and develop comments to the Regional the Albatross/Bigelow vessel calibration Administrator on black sea bass DATES: The meeting will be held on data and analyses including summary management measures and uncertainty. February 24 and 25, 2010. results and recommendations. A The Council will hold its regular ADDRESSES: The meeting will be held at workshop on the RSA program will be Business Session to approve the the Pentagon, Arlington, VA. held to briefly review history of the December minutes, receive FOR FURTHER INFORMATION CONTACT: Ms. Mid-Atlantic RSA grogram, review RSA Organizational Reports, the Executive Debra Rose, Executive Officer, Defense program listing strengths and Director’s Report, Status of the FMP’s, Science Board, 3140 Defense Pentagon, challenges, briefly review RSA program Committee Reports, the Liaison Report, Room 3B888A, Washington, DC 20301– administrative processes, grants and conduct any continuing and/or new 3140, via e-mail at [email protected], processes, and other regulatory business. or via phone at (703) 571–0084.

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SUPPLEMENTARY INFORMATION: The DEPARTMENT OF DEFENSE Dated: January 20, 2010. mission of the Defense Science Board is Mitchell S. Bryman, to advise the Secretary of Defense and Office of the Secretary Alternate OSD Federal Register Liaison the Under Secretary of Defense for [Docket ID: DOD–2010–OS–0005] Officer, Department of Defense. Acquisition, Technology & Logistics on B0303–06 scientific and technical matters as they Privacy Act of 1974; System of affect the perceived needs of the Records SYSTEM NAME: Department of Defense. AGENCY: National Geospatial- National Geospatial-Intelligence Agency (NGA)—Enterprise Workforce Agenda Intelligence Agency (NGA), DoD. System (NEWS). ACTION: Notice to add a system of The Board will discuss interim records. SYSTEM LOCATION: finding and recommendations resulting National Geospatial-Intelligence SUMMARY: The National Geospatial- from ongoing Task Force activities. The Agency (NGA), 4600 Sangamore Road, Intelligence Agency proposes to add a Board will also discuss plans for future Bethesda, MD 20816–5003. system of records to its inventory of consideration of scientific and technical National Geospatial-Intelligence record systems subject to the Privacy aspects of specific strategies, tactics, and Agency (NGA), 3200 S. Second Street, Act of 1974 (5 U.S.C. 552a), as amended. policies as they may affect the U.S. St. Louis, MO 63118–3399. national defense posture and homeland DATES: The system will be effective on security. February 24, 2010, unless comments are CATEGORIES OF INDIVIDUALS COVERED BY THE received that would result in a contrary SYSTEM: In accordance with section 10(d) of determination. NGA employees, contactors, military, the Federal Advisory Committee Act, ADDRESSES: non-NGA employees, and military who Public Law 92–463, as amended (5 You may submit comments, identified by docket number and title, register for a course at National- U.S.C. App. 2) and 41 CFR 102–3.155, by any of the following methods: Geospatial Intelligence College (NGC), the Department of Defense has • Federal Rulemaking Portal: http:// individuals that apply for a job through determined that these Defense Science www.regulations.gov. Follow the e-Recruit, requests access to the Board Quarterly meetings will be closed instructions for submitting comments. network, or badge to an NGA facility. to the public. Specifically, the Under • Mail: Federal Docket Management CATEGORIES OF RECORDS IN THE SYSTEM: Secretary of Defense (Acquisition, System Office, 1160 Technology and Logistics), with the Defense Pentagon, Washington, DC Names, Social Security Number coordination of the DoD Office of 20301–1160. (SSN), current address, telephone General Counsel, has determined in Instructions: All submissions received number, personnel records, partial writing that all sessions of these must include the agency name and medical records; foreign contacts and meetings will be closed to the public docket number for this Federal Register interests, competency files; pay; because they will be concerned document. The general policy for promotions; transfers; awards; throughout with matters listed in 5 comments and other submissions from retirements; hires; training course data; U.S.C. 552b(c)(1). members of the public is to make these instructor data; and employee training submissions available for public history. Written Statements viewing on the Internet at http:// The system also includes Equal www.regulations.gov as they are Employment Opportunity (EEO) data; Interested persons may submit a received without change, including any education; health and life insurance; written statement for consideration by personal identifiers or contact thrift savings plan (TSP); occupation; the Defense Science Board. Individuals information. new hire applicant data; Assignment submitting a written statement must Opportunity Notice (AON) data; submit their statement to the Designated FOR FURTHER INFORMATION CONTACT: Mr. clearance data; polygraph information; Federal Official (see FOR FURTHER Ed Hughes at 301–227–7714. contractors; contracts; military data; INFORMATION CONTACT); at any point, SUPPLEMENTARY INFORMATION: The leave data; languages spoken; NGA however, if a written statement is not National Geospatial-Intelligence Agency Identification Number (NGA ID); and received at least 10 calendar days prior notices for systems of records subject to certificates, if an individual chooses to to the meeting which is the subject of the Privacy Act of 1974 (5 U.S.C. 552a), provide one, such as a marriage this notice, then it may not be provided as amended, have been published in the certificate. to or considered by the Defense Science Federal Register and are available from AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Board. The Designated Federal Official the address above. The proposed systems reports, as 5 U.S.C. 301 Departmental will review all timely submissions with required by 5 U.S.C. 552a(r) of the Regulations; DoDD 5105.60,National the Defense Science Board Chairperson, Privacy Act of 1974, as amended, were Geospatial-Intelligence Agency (NGA); 5 and ensure they are provided to submitted on January 20, 2010 to the U.S.C. 7532, Suspension and Removal; members of the Defense Science Board House Committee on Government E.O. 10450, Security Requirements for before the meeting that is the subject of Reform, the Senate Committee on Government Employees; E.O. 12958, this notice. Homeland Security and Governmental Classified National Security Dated: January 20, 2010. Affairs, and the Office of Management Information; DoD 5200.2–R, DoD Mitchell S. Bryman, and Budget (OMB) pursuant to Personnel Security Program; Director of Alternate OSD Federal Register Liaison paragraph 4c of Appendix I to OMB Central Intelligence Directive No. 1/14, Officer, Department of Defense. Circular No. A–130, ‘‘Federal Agency Personnel Security Standards and Responsibilities for Maintaining Procedures Governing Eligibility for [FR Doc. 2010–1302 Filed 1–22–10; 8:45 am] Records About Individuals,’’ dated Access to Sensitive Compartmented BILLING CODE 5001–06–P February 8, 1996 (February 20, 1996; 61 Information (SCI); and, E.O. 9397 (SSN), FR 6427). as amended.

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PURPOSE(S): including password protection, CONTESTING RECORDS PROCEDURE: National Geospatial-Intelligence firewalls, and encryption. NGA’s rules for accessing records, and Agency Enterprise Workforce System for contesting contents and appealing (NEWS) is a human resources system RETENTION AND DISPOSAL: initial agency determinations, are used to manage acquisition, Forms, notices, reports, and published in NGA Instruction management and training for NGA memoranda considered to be of 5500.7R10; 32 CFR 320.6; or may be civilian, military, and contractor permanent value or required by law or obtained from the Office of the General workforces. It also manages personnel regulation to be preserved are retained Counsel, Mail Stop D–10, 4600 security and clearance management; and for the period of employment or Sangamore Road, Bethesda, MD 20816– is used to satisfy Federal, DoD and assignment, then forwarded to the 5003. community reporting requirements for gaining organization or retained RECORD SOURCE CATEGORIES: manpower, EEO and diversity reports. It indefinitely. addition, the system is used for the Information is received directly from If the action is separation or the individual through the e-Recruit management of user accounts on retirement, these items are forwarded to internal computer systems. application system or PeopleSoft self- the Office of Personnel Management or service feature; Office of Personnel retired to a records storage facility as ROUTINE USES OF RECORDS MAINTAINED IN THE Management records; Defense Finance SYSTEM, INCLUDING CATEGORIES OF USES AND appropriate. Items considered to be and Accounting Service (DFAS) (payroll THE PURPOSES FOR SUCH USES: relevant for a temporary period are feed); security paperwork from Defense In addition to those disclosures retained for that period, either Security Service (DSS); security office of generally permitted under 5 U.S.C. transferred with the employee, assignee, other non-government organizations 552a(b) of the Privacy Act of 1974 and or destroyed when they are no longer (e.g., contractor firms). the DoD Blanket Routine Uses, these relevant or either at a time of separation records contained therein may be or retirement. EXEMPTIONS CLAIMED FOR THE SYSTEM: specifically disclosed outside the DoD The computerized portion is deleted None. as a routine use pursuant to 5 U.S.C. and updated as appropriate. Records [FR Doc. 2010–1303 Filed 1–22–10; 8:45 am] 552a(b)(3) as follows: relating to adverse actions, grievances, BILLING CODE 5001–06–P Relevant records from this system excluding EEO complaints and may be provided regularly to the Office performance-based actions, except SFs– of the Director of National Intelligence 50, are retained for four years. Personnel DEPARTMENT OF DEFENSE (ODNI) for the Intelligence Community summary, training, testing and past to provide aggregate workforce activity segments are retained Department of the Army planning, analysis, and reporting permanently. All other portions are Availability for Non-Exclusive, purposes. Records provided to the ODNI deleted at end of tenure. Exclusive, or Partially Exclusive through this routine use for the Licensing of U.S. Provisional Patent Personnel Data Repository (PDR) and SYSTEM MANAGER(S) AND ADDRESS: Application Concerning Monoclonal Intelligence Community Capabilities Senior System Engineer, National Antibodies Against Glycoprotein of Catalog (IC3) initiatives will not include Geospatial-Intelligence Agency (NGA), Ebola Sudan Boniface Virus any individual’s name or Social 6011 MacArthur Blvd., Bethesda, MD Security Number (SSN). 20816–5003. AGENCY: Department of the Army, DoD. The DoD ‘Blanket Routine Uses’ set ACTION: Notice. forth at the beginning of NGA’s NOTIFICATION PROCEDURE: compilation of systems of records Individuals seeking to determine SUMMARY: Announcement is made of the notices apply to this system. whether information about them is availability for licensing of the contained in this system should address invention set forth in U.S. Provisional POLICIES AND PRACTICES FOR STORING, written inquiries to the National Patent Application Serial No. 61/ RETRIEVING, ACCESSING, RETAINING, AND 290,725 entitled ‘‘Monoclonal DISPOSING OF RECORDS IN THE SYSTEM: Geospatial-Intelligence Agency (NGA), Office of the General Counsel, Mail Stop Antibodies Against Glycoprotein of STORAGE: D–10, 4600 Sangamore Road, Bethesda, Ebola Sudan Boniface Virus,’’ filed Records are maintained on electronic MD 20816–5003. December 29, 2009. The United States storage media. Written requests for information Government, as represented by the Secretary of the Army, has rights to this RETRIEVABILITY: should contain the full name of the individual, current address, and invention. Records are retrieved in the system by telephone number. ADDRESSES: Commander, U.S. Army name, Social Security Number (SSN), Medical Research and Materiel NGA Identification Number (NGA ID). RECORD ACCESS PROCEDURES: Command, ATTN: Command Judge SAFEGUARDS: Individuals seeking to access to Advocate, MCMR–JA, 504 Scott Street, Fort Detrick, Frederick, MD 21702– Records are maintained in a information about themselves contained 5012. controlled facility. Physical access is in this system should address written restricted by the use of locks, guards, inquiries to the National Geospatial- FOR FURTHER INFORMATION CONTACT: For and is accessible only to authorized Intelligence Agency (NGA), Office of the patent issues, Ms. Elizabeth Arwine, personnel. Access to records is limited General Counsel, Mail Stop D–10, 4600 Patent Attorney, (301) 619–7808. For to individuals responsible for servicing Sangamore Road, Bethesda, MD 20816– licensing issues, Dr. Paul Mele, Office of the record in performance of their 5003. Research and Technology Assessment, official duties and who are properly Written requests for information (301) 619–6664, both at telefax (301) screened and cleared for need-to-know. should contain the full name of the 619–5034. Access to computerized data is individual, current address, and SUPPLEMENTARY INFORMATION: The restricted by technical measures, telephone number. invention relates generally to the field of

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antibodies. More specifically the panamacity/environment/docs.aspx meeting dates for the 2010 Spring invention relates to monoclonal along with copies of the FEIS and Meeting, and will hold elections for the antibodies against glycoproteins of the supporting documents. Single copies of 2010 Chairperson and Vice-Chairperson. Ebola Sudan Boniface virus and the ROD will be made available upon 7. Public’s Accessibility to the methods of producing and using the request by contacting EIS Team Lead, Meeting: Pursuant to 5 U.S.C. 552b and same. Mrs. Carmen Ferrer, Naval Surface 41 CFR 102–3.140 through 102–3.165, Warfare Center Panama City Division, and the availability of space, this Brenda S. Bowen, Code CX06, 110 Vernon Avenue, meeting is open to the public. Seating is Army Federal Register Liaison Officer. Panama City, FL 32407–7001, telephone on a first-come basis. [FR Doc. 2010–1314 Filed 1–22–10; 8:45 am] number 850–234–4146. 8. Committee’s Designated Federal BILLING CODE 3710–08–P Dated: January 19, 2010. Officer or Point of Contact: Ms. Joy A. Pasquazi, (845) 938–5078, A.M. Vallandingham, [email protected]. DEPARTMENT OF DEFENSE Lieutenant Commander, Judge Advocate General’s Corps, U.S. Navy, Federal Register SUPPLEMENTARY INFORMATION: Any Department of the Navy Liaison Officer. member of the public is permitted to file [FR Doc. 2010–1380 Filed 1–22–10; 8:45 am] a written statement with the USMA Notice of Availability of Record of BILLING CODE 3810–FF–P Board of Visitors. Written statements Decision for the Naval Surface Warfare should be sent to the Designated Federal Center Panama City Division Mission Officer (DFO) at: United States Military Activities DEPARTMENT OF DEFENSE Academy, Office of the Secretary of the AGENCY: Department of the Navy, DoD. General Staff (MASG), 646 Swift Road, Department of the Army ACTION: Notice. West Point, NY 10996–1905 or faxed to the Designated Federal Officer (DFO) at Board of Visitors, United States SUMMARY: The Department of the Navy (845) 938–3214. Written statements Military Academy (USMA) (Navy), after carefully weighing the must be received no later than five operational and environmental AGENCY: Department of the Army, DoD. working days prior to the next meeting consequences of the proposed action, ACTION: Meeting notice. in order to provide time for member announces its decision to improve the consideration. By rule, no member of Naval Surface Warfare Center Panama SUMMARY: Under the provisions of the the public attending open meetings will City Division’s (NSWC PCD’s) Federal Advisory Committee Act of be allowed to present questions from the capabilities to conduct new and 1972 (5 U.S.C., Appendix, as amended), floor or speak to any issue under increased research, development, test, the Government in the Sunshine Act of consideration by the Board. and evaluation (RDT&E) operations for 1976 (5 U.S.C. 552b, as amended), and FOR FURTHER INFORMATION CONTACT: Ms. the Navy and its Department of Defense 41 CFR 102–3.150, the Department of Joy A. Pasquazi, (845) 938–5078, (Fax: customers within three military warning Defense announces that the following 845–938–3214) or via e-mail: areas W–151, W–155, and W–470 and Federal advisory committee meeting [email protected]. St. Andrew Bay, collectively known as will take place: the NSWC PCD Study Area. The 1. Name of Committee: United States Brenda S. Bowen, proposed action is required for the Navy Military Academy Board of Visitors. Army Federal Register Liaison Officer. to successfully meet current and future 2. Date: Wednesday, February 10, [FR Doc. 2010–1308 Filed 1–22–10; 8:45 am] national and global defense challenges 2010. BILLING CODE 3710–08–P by developing a robust capability to 3. Time: 1 p.m.–4 p.m. Members of research, develop, test, and evaluate the public wishing to attend the meeting systems within the NSWC PCD Study will need to notify Ms. Joy A. Pasquazi DEPARTMENT OF DEFENSE Area. In its decision, the Navy no later than February 5, 2010 at considered applicable laws, regulations [email protected] or (845) 938– Department of the Air Force and executive orders, including an 5078 in order to have their name Announcement of IS–GPS–200E analysis of the effects of its actions included on the list for Capitol Visitor outside the U.S. or its territories under Interface Control Working Group Center access. Photo identification will (ICWG) Teleconference Meeting Executive Order (EO) 12114, be required in order to gain access to the Environmental Effects Abroad of Major meeting location. All participants are AGENCY: Department of the Air Force, Federal Actions. subject to security screening. DoD. The proposed action will be 4. Location: Room SVC 201/200, ACTION: Teleconference meeting notice. accomplished as set out in Alternative Capitol Visitors Center, Washington, DC 2, described in the Final Environmental 20510. SUMMARY: This notice informs the public Impact Statement (FEIS) as the preferred 5. Purpose of the Meeting: This is the that the Global Positioning Systems alternative. Implementation of the 2010 Organizational Meeting of the Wing will be hosting an Interface preferred alternative could begin USMA Board of Visitors (BoV). Control Working Group (ICWG) immediately. Members of the Board will be provided teleconference meeting for the SUPPLEMENTARY INFORMATION: The updates on Academy issues. document IS–GPS–200E (NAVSTAR Record of Decision (ROD) has been 6. Agenda: The Academy leadership GPS Space Segment/Navigation User distributed to all those individuals who will provide the Board updates on the Interfaces). The meeting will address requested a copy of the FEIS and following: Science, Technology, comments received on L2 Phase agencies and organizations that received Engineering & Math (STEM) Center of Relationships after the last Public ICWG a copy of the FEIS. The complete text Excellence, Energy Costs and Initiatives, on 29 September 2009. of the Navy’s ROD is available for public Wastewater Privatization, A–76 The ICWG Teleconference is open to viewing on the project Web site at: Commercial Activities, and Resources. the general public. Dial-in information http://www.navsea.navy.mil/nswc/ The Board will discuss proposed is provided below. More information,

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including Comments Resolution ADDRESSES: Written comments may be processing facilities. These activities Matrixes (CRMs) and track changed submitted by regular mail, fax, or e-mail created a wide variety of chemical and documents, will be posted at: http:// as follows. radioactive wastes. Hanford’s mission www.losangeles.af.mil/library/ Written comments may be sent to: now is focused on the cleanup of those factsheets/factsheet.asp?id=9364. Mary Beth Burandt, Office of River wastes and ultimate closure of Hanford. Please send all CRM comments to Protection, Document Manager, P.O. In support of Hanford’s cleanup Vimal Gopal by 5 February 2010. Box 1178, Richland, Washington 99352, mission DOE, with Ecology as a DATES: 12 February 2010: IS–GPS–200E. Attention: TC & WM EIS. cooperating agency, prepared the Draft 8 a.m.–12 p.m. (Pacific Time). Written comments or requests for TC & WM EIS in accordance with the Dial-In Information: Phone: 1–800– information can be submitted at Council on Environmental Quality’s FON–SAIC (1–800–366–7242). [email protected], or by faxing to National Environmental Policy Act Code: 4511074. 888–785–2865. The Draft EIS is (NEPA) Implementing Regulations at 40 FOR FURTHER INFORMATION CONTACT: available on DOE’s NEPA Web site at CFR Parts 1500–1508 and the DOE Vimal Gopal, http://www.gc.energy.gov/nepa and the NEPA Implementing Procedures at 10 [email protected], 1– Hanford Web site at http:// CFR Part 1021. The Environmental 310–909–7294 or Captain Neal Roach, www.hanford.gov. Protection Agency issued a Notice of [email protected], 1–310– Copies of this Draft EIS are available Availability of this Draft TC & WM EIS 653–3771. for review at: on October 30, 2009 (74 FR 56194), Hanford Site Public Reading Room, thereby initiating the public comment Bao-Anh Trinh, 2770 University Drive, CIC. Room period for the Draft EIS. Air Force Federal Register Liaison Officer. 101L, Richland, WA 99354, 509– II. Public Hearings [FR Doc. 2010–1273 Filed 1–22–10; 8:45 am] 372–7443; and the BILLING CODE 5001–05–P U.S. Department of Energy, FOIA During an open house, the first hour Reading Room, 1G–033, Forrestal of each hearing, participants may Bldg, 1000 Independence Ave., register to speak and meet informally DEPARTMENT OF ENERGY SW., Washington, DC 20585, 202– with representatives from DOE and 586–5955. Ecology. During the formal portion of Notice of Public Hearings on the Draft FOR FURTHER INFORMATION CONTACT: For each hearing, DOE and Ecology will Tank Closure and Waste Management information regarding the Hanford Site make short opening presentations on the Environmental Impact Statement for or this Draft EIS, contact Ms. Burandt at Draft EIS and describe the format for the the Hanford Site, Richland, WA the above address. The following Web hearing. The remaining time will be available for the public to comment. The AGENCY: Department of Energy. sites may also be accessed for additional information on the Hanford Site: http:// Seattle meeting announced previously ACTION: Updated notice of public (75 FR 1048) for February 11, 2010, has hearings. www.hanford.gov/orp/ (Click on Public Involvement) or http:// been moved to March 8, 2010. Three SUMMARY: The Department of Energy www.hanford.gov. additional meetings have also been (DOE) announces public hearings on the General information on DOE’s NEPA scheduled and they are provided as Draft Tank Closure and Waste process is on the Department’s NEPA follows: Management Environmental Impact Web site at http://www.gc.energy.gov/ La Grande, OR 97850, February 22, Statement for the Hanford Site, nepa or contact: Carol Borgstrom, 2010, Eastern Oregon University, Richland, Washington (DOE/EIS–0391) Director, Office of NEPA Policy and Hoke Union Building, 6 to 10 p.m.; (Draft TC&WM EIS or Draft EIS). A Compliance (GC–54), U.S. Department Spokane, WA 99206, February 23, notice of public hearings on this Draft of Energy, 1000 Independence Avenue, 2010, Red Lion Hotel at the Park, EIS was first published on January 8, SW., Washington, DC 20585, e-mail 303 W. North River Drive, Spokane, 2010 (75 FR 1048); this notice [email protected], telephone 202– WA 99206, 509–777–6393, 6 to 10 announces additional public hearings 586–4600; or leave a message at 800– p.m.; and a date change to a previously 472–2756. Eugene, OR 97401, March 1, 2010, announced hearing. This Draft EIS was For general questions and information Hilton Eugene and Conference prepared in accordance with the about the Washington State Department Center, 66 East 6th Avenue, Eugene, implementing regulations under the of Ecology, contact: Annette Carlson, OR 97401, 541–342–2000, 6 to 10 National Environmental Policy Act Nuclear Waste Program, 3100 Port of p.m.; (NEPA). A Notice of Availability of the Benton Blvd., Richland, WA 99352 , Seattle, WA 98109, Rescheduled from Draft EIS was published on October 30, telephone 509–372–7897, e-mail previous date of Feb 11, March 8, 2009 (74 FR 56194), initiating a 140-day [email protected]. 2010, Seattle Center, 305 Harrison public comment period ending March SUPPLEMENTARY INFORMATION: Street, 206–684–7200, 6 to 10 p.m. 19, 2010. The State of Washington, DOE will consider and respond to all I. Background Department of Ecology (Ecology) is a oral and written comments received at cooperating agency on this EIS. The Hanford Site is located in the public hearings or written comments DATES: During the public comment southeastern Washington State along the postmarked by March 19, 2010, in period for the Draft TC & WM EIS which Columbia River, and is approximately preparing the Final EIS. Late comments ends March 19, 2010, DOE invites the 586 square miles in size. Hanford’s will be considered to the extent public to submit written comments by mission included defense-related practicable. any of the means listed under nuclear research, development, and ADDRESSES below. In addition, oral as weapons production activities from the III. Next Steps well as written comments may be early 1940s to approximately 1989. DOE intends to issue the Final Tank provided at the public hearings to be During that period, Hanford operated a Closure and Waste Management EIS by held as listed under SUPPLEMENTARY plutonium production complex with March 2011. DOE will issue a Record of INFORMATION. nine nuclear reactors and associated Decision no sooner than 30 days after

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the Environmental Protection Agency 9742; fax number: 202–343–2362; the related collection instrument or publishes a Notice of Availability of the [email protected]. form, if applicable. The display of OMB Final EIS in the Federal Register. SUPPLEMENTARY INFORMATION: EPA has control numbers in certain EPA Signed in Washington, DC, January 19, submitted the following ICR to OMB for regulations is consolidated in 40 CFR 2010. review and approval according to the part 9. Abstract: The GreenChill Advanced William M. Levitan, procedures prescribed in 5 CFR 1320.12. Refrigeration Partnership (hereafter On June 3, 2009 (74 FR 26689) EPA Director, Office of Environmental referred to as GreenChill Partnership or Compliance, Office of Environmental sought comments on this ICR pursuant GreenChill) is an EPA cooperative Management. to 5 CFR 1320.8(d). EPA received no alliance with the supermarket industry [FR Doc. 2010–1306 Filed 1–22–10; 8:45 am] comments during the comment period. to promote advanced refrigeration BILLING CODE 6450–01–P Any additional comments on this ICR technologies, strategies, and practices should be submitted to EPA and OMB that reduce emissions of ozone- within 30 days of this notice. depleting and greenhouse gas EPA has established a public docket ENVIRONMENTAL PROTECTION refrigerants. A food retailer’s decision to for this ICR under Docket ID No. EPA– AGENCY participate in the GreenChill HQ–OAR–2008–0655, which is [EPA–HQ–OAR–2008–0655; FRL–9106–2; Partnership is completely voluntary. available for online viewing at http:// After joining GreenChill by submitting a EPA ICR No. 2349.01, OMB Control No. www.regulations.gov, or in person 2060–New] signed ‘‘Partnership Agreement,’’ food viewing at the Air Docket in the EPA retailers are asked to submit a ‘‘Stocks Agency Information Collection Docket Center (EPA/DC), EPA West, and Emissions Report’’ to an Activities; Submission to OMB for Room 3334, 1301 Constitution Ave., independent third party. The form Review and Approval; Comment NW., Washington, DC. The EPA/DC requires partners to provide corporate- Request; GreenChill Advanced Public Reading Room is open from 8 wide, aggregated data on the stocks and Refrigeration Partnership a.m. to 4:30 p.m., Monday through emissions of all refrigerants used in Friday, excluding legal holidays. The commercial refrigeration and air AGENCY: Environmental Protection telephone number for the Reading Room conditioning appliances. The Agency (EPA). is 202–566–1744, and the telephone independent third party summarizes the ACTION: Notice. number for the Air Docket is 202–566– information submitted by the food 1742. retailers, removes any identifying SUMMARY: In compliance with the Use EPA’s electronic docket and information, and sends a summary of Paperwork Reduction Act (PRA)(44 comment system at http:// the information to GreenChill. Partners U.S.C. 3501 et seq.), this document www.regulations.gov, to submit or view are then asked to submit a ‘‘Corporate announces that an Information public comments, access the index Refrigerant Management Plan’’ with Collection Request (ICR) has been listing of the contents of the docket, and their emissions reductions goals for the forwarded to the Office of Management to access those documents in the docket next year, along with a brief description and Budget (OMB) for review and that are available electronically. Once in of their plan to meet that goal (such as approval. This is a request for a new the system, select ‘‘docket search,’’ then retrofitting old equipment, etc.). These collection. The ICR, which is abstracted key in the docket ID number identified two forms are necessary for GreenChill below, describes the nature of the above. Please note that EPA’s policy is to track annual supermarket refrigerant information collection and its estimated that public comments, whether emissions rates, allowing GreenChill burden and cost. submitted electronically or in paper, and its food retail partners to DATES: Additional comments may be will be made available for public benchmark partners’ progress on submitted on or before February 24, viewing at http://www.regulations.gov reducing emissions. The partner 2010. as EPA receives them and without emissions data is also the basis for the change, unless the comment contains ADDRESSES: Submit your comments, achievement awards that GreenChill copyrighted material, confidential referencing Docket ID No. EPA–HQ– gives out to its partners. business information (CBI), or other OAR–2008–0655 to (1) EPA online Burden Statement: The annual public information whose public disclosure is using http://www.regulations.gov (our reporting and recordkeeping burden for restricted by statute. For further preferred method), by e-mail to a-and- this collection of information is information about the electronic docket, [email protected], or y mail to: estimated to average 18.1 hours for the go to http://www.regulations.gov. first year and 11 hours per year for the EPA Docket Center, Environmental Title: GreenChill Advanced second and third years per response. Protection Agency, Mailcode: 2822T, Refrigeration Partnership. Burden means the total time, effort, or 1200 Pennsylvania Ave., NW., ICR numbers: EPA ICR No. 2349.01, financial resources expended by persons Washington, DC 20460, and (2) OMB by OMB Control No. 2060–New. to generate, maintain, retain, or disclose mail to: Office of Information and ICR Status: This ICR is for a new or provide information to or for a Regulatory Affairs, Office of information collection activity. An Federal agency. This includes the time Management and Budget (OMB), Agency may not conduct or sponsor, needed to review instructions; develop, Attention: Desk Officer for EPA, 725 and a person is not required to respond acquire, install, and utilize technology 17th Street, NW., Washington, DC to, a collection of information, unless it and systems for the purposes of 20503. displays a currently valid OMB control collecting, validating, and verifying FOR FURTHER INFORMATION CONTACT: number. The OMB control numbers for information, processing and Keilly Witman, Environmental EPA’s regulations in title 40 of the CFR, maintaining information, and disclosing Protection Agency, Stratospheric after appearing in the Federal Register and providing information; adjust the Protection Division, Office of Air and when approved, are listed in 40 CFR existing ways to comply with any Radiation, Mailcode: 6205J, 1200 part 9, are displayed either by previously applicable instructions and Pennsylvania Ave., NW., Washington, publication in the Federal Register or requirements which have subsequently DC 20460; telephone number: 202–343– by other appropriate means, such as on changed; train personnel to be able to

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respond to a collection of information; B. Federal Reserve Bank of Kansas Officer, Denver Health and Hospital search data sources; complete and City (Dennis Denney, Assistant Vice Authority; Mark Hoyt, FSA, MAAA, review the collection of information; President) 1 Memorial Drive, Kansas National Practice Leader of the and transmit or otherwise disclose the City, Missouri 64198–0001: Government Human Services information. 1. Verlyn Joseph Herman, Jr., and Consulting Specialty Group, Mercer, Respondents/Affected Entities: Aaron Joseph Herman, both of Norton, LLC; Trish Riley, MS, Director, Maine GreenChill Food Retail Partners. Kansas; as members of a family group Governor’s Office of Health Policy and Estimated Number of Respondents: acting in concert, to retain voting shares Finance; and Steven Waldren, MD, MS, 17. of First Norton Corporation, and thereby Director, Center for Health Information Frequency of Response: Annual. indirectly retain voting shares of First Technology, American Academy of Security Bank & Trust Company, both of Estimated Total Annual Hour Burden: Family Physicians. 169. Norton, Kansas. Commissioners whose first term will Estimated Total Annual Cost: Board of Governors of the Federal Reserve $1378.29 for the first year and $812.91 System, January 20, 2010. expire in December 2011 are David per year for the second and third years. Robert deV. Frierson, Sundwall, MD, (vice chair) Executive This includes an estimated burden cost Deputy Secretary of the Board. Director, Utah Department of Health, and Commissioner of Health, State of of $1367.86 and an estimated cost of [FR Doc. 2010–1310 Filed 1–22–10; 8:45 am] $10.43 for capital investment or Utah; Richard Chambers, Chief BILLING CODE 6210–01–S maintenance and operational costs for Executive Officer, CalOptima; Burton the first year and an estimated burden Edelstein, DDS, MPH, Professor, cost of $808.05 and an estimated cost of GOVERNMENT ACCOUNTABILITY Clinical Dentistry, College of Dental $4.86 for capital investment or OFFICE Medicine and Clinical Health Policy maintenance and operational costs for and Management, Mailman School of the second and third years. Appointments to the Medicaid and Public Health, Columbia University; Dated: January 19, 2010. CHIP Payment and Access Denise Henning, CNM, MSN, Service John Moses, Commission (MACPAC) Line Leader for Women’s Health, Collier Health Services; Judith Moore, Senior Director, Collection Strategies Division. AGENCY: Government Accountability Fellow, National Health Policy Forum, [FR Doc. 2010–1362 Filed 1–22–10; 8:45 am] Office (GAO). George Washington University; and BILLING CODE 6560–50–P ACTION: Notice of appointments. Robin Smith, foster and adoptive parent SUMMARY: The Children’s Health of special needs children covered by FEDERAL RESERVE SYSTEM Insurance Program Reauthorization Act Medicaid. of 2009 established MACPAC to review Commissioners whose first term will Change in Bank Control Notices; Medicaid and CHIP access and payment expire in December 2010 are Sharon L. Acquisition of Shares of Bank or Bank policies and to advise Congress on Carte, MS, Executive Director, West Holding Companies issues affecting Medicaid and CHIP. The Virginia Children’s Health Insurance Act directs the Comptroller General to Program; Andrea Cohen, JD, Director of The notificants listed below have appoint MACPAC’s members, with applied under the Change in Bank Health Services, NYC Office of the initial appointments to be made no later Deputy Mayor for Health and Human Control Act (12 U.S.C. 1817(j)) and than January 1, 2010. The terms of Services; Herman Gray, MD, MBA, § 225.41 of the Board’s Regulation Y (12 MACPAC commissioners are intended President, Children’s Hospital of CFR 225.41) to acquire a bank or bank to be staggered, with the first set of holding company. The factors that are appointments for terms of one, two, or Michigan and Senior Vice President, considered in acting on the notices are three years. Commissioners may be Detroit Medical Center; Norma Martinez set forth in paragraph 7 of the Act (12 appointed for subsequent three-year Rogers, PhD, RN, FAAN, Professor, U.S.C. 1817(j)(7)). terms. Department of Family Nursing, The notices are available for University of Texas Health Science DATES: immediate inspection at the Federal Appointments are effective Center at San Antonio; and Sara January 1, 2010. Reserve Bank indicated. The notices Rosenbaum, JD, Chair, Department of also will be available for inspection at ADDRESSES: GAO: 441 G Street, NW., Health Policy and Harold and Jane the office of the Board of Governors. Washington, DC 20548. Hirsh Professor of Health Law and Interested persons may express their FOR FURTHER INFORMATION CONTACT: Policy, The George Washington (GW) views in writing to the Reserve Bank GAO: Office of Public Affairs, (202) University School of Public Health and indicated for that notice or to the offices 512–4800. Health Services, and Professor of Health of the Board of Governors. Comments SUPPLEMENTARY INFORMATION: I am Care Sciences, GW’s School of Medicine must be received not later than February announcing the following appointments and Health Sciences. 9, 2010. to the new Medicaid and CHIP Payment A. Federal Reserve Bank of Atlanta and Access Commission: [Sec. 506, Pub. L. 111–3, 123 Stat. 8, 91 (42 (Steve Foley, Vice President) 1000 Commissioners whose first term will U.S.C. 1396).] Peachtree Street, N.E., Atlanta, Georgia expire in December 2012 are Diane Gene L. Dodaro, 30309: Rowland, ScD, (chair) Executive Vice 1. Marty E. Adams, Salineville, Ohio; President, Henry J. Kaiser Family Acting Comptroller General of the United Kevin T. Thompson, Saint Augustine, Foundation and Executive Director, States. Florida; and John S. Loeber, Travelers Kaiser Commission on Medicaid and the [FR Doc. 2010–1371 Filed 1–22–10; 8:45 am] Rest, South Carolina; to acquire voting Uninsured; Donna Checkett, MPA, BILLING CODE 1610–02–P shares of Palm Bancorp, Inc., and MSW, Senior Vice President of thereby indirectly acquire voting shares Medicaid Business Development, Aetna; of Palm Bank, both of Tampa, Florida. Patricia Gabow, MD, Chief Executive

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OFFICE OF GOVERNMENT ETHICS Estimated Annual Number of certification criteria for the electronic Respondents: 20,174. exchange and use of health information Proposed Collection; Comment Estimated Time per Response: 1 hour. for purposes of adoption, consistent Request for an Unmodified OGE Form Estimated Total Annual Burden: with the implementation of the Federal 450 Executive Branch Confidential 20,174 hours. Health IT Strategic Plan, and in Financial Disclosure Report Abstract: The OGE Form 450 collects accordance with policies developed by the HIT Policy Committee. AGENCY: information from covered department Office of Government Ethics Date and Time: The HIT Standards (OGE). and agency employees as required under OGE’s executive branchwide Committee Workgroups will hold the ACTION: Notice of request for agency and regulatory provisions in subpart I of 5 following public meetings during public comments. CFR part 2634. The basis for the OGE February 2010: February 18th Privacy & SUMMARY: After this first round notice reporting regulation is section 201(d) of Security Workgroup, 10 a.m. to 12 p.m./ and public comment period, OGE plans Executive Order 12674 of April 12, 1989 Eastern Time; and February 23rd to submit an unmodified OGE Form 450 (as modified by Executive Order 12731 Clinical Operations Vocabulary Executive Branch Confidential Financial of October 17, 1990, 3 CFR, 1990 Comp., Workgroup 9 a.m. to 4 p.m./Eastern Disclosure Report to the Office of pp. 306–311, at p. 308) and section Time. Location: All workgroup meetings Management and Budget (OMB) for 107(a) of the Ethics Act, 5 U.S.C. app., will be available via webcast; visit review and approval of a three-year section 107(a). http://healthit.hhs.gov for instructions extension under the Paperwork Request for Comments: Public on how to listen via telephone or Web. Reduction Act of 1995 (44 U.S.C. comment is invited specifically on the Please check the ONC Web site for chapter 35). need for and practical utility of this additional information as it becomes DATES: Written comments by the public information collection, the accuracy of OGE’s burden estimate, the available. and the agencies on this proposed Contact Person: Judy Sparrow, Office extension are invited and must be enhancement of quality, utility and clarity of the information collected, and of the National Coordinator, HHS, 330 C received by March 26, 2010. Street, SW., Washington, DC 20201, the minimization of burden (including ADDRESSES: You may submit comments 202–205–4528, Fax: 202–690–6079, e- the use of information technology). to OGE on this paperwork notice by any mail: [email protected]. Please call Comments received in response to this of the following methods: the contact person for up-to-date notice will be summarized for, and may E-mail: [email protected] (Include information on these meetings. A notice be included with, the OGE request for reference to ‘‘OGE Form 450 paperwork in the Federal Register about last extension of OMB paperwork approval. comment’’ in the subject line of the minute modifications that impact a The comments will also become a message). previously announced advisory matter of public record. FAX: 202–482–9237. committee meeting cannot always be Mail, Hand Delivery/Courier: Office of Approved: January 19, 2010. published quickly enough to provide Government Ethics, Suite 500, 1201 Robert I. Cusick, timely notice. New York Avenue, NW., Washington, Director, Office of Government Ethics. Agenda: The workgroups will be DC 20005–3917, Attention: Paul D. [FR Doc. 2010–1316 Filed 1–22–10; 8:45 am] discussing issues related to their Ledvina, Records Officer. BILLING CODE 6345–03–P specific subject matter, e.g., clinical FOR FURTHER INFORMATION CONTACT: Mr. operations vocabulary standards, and Ledvina at the Office of Government privacy and security standards Ethics; telephone: 202–482–9247; TTY: activities. If background materials are DEPARTMENT OF HEALTH AND 800–877–8339; FAX: 202–482–9237; associated with the workgroup HUMAN SERVICES E-mail: [email protected]. An meetings, they will be posted on ONC’s electronic copy of the OGE Form 450 is Office of the National Coordinator for Web site prior to the meeting at available in the Forms Library section of Health Information Technology; HIT http://healthit.hhs.gov. OGE’s Web site at http://www.usoge.gov. Standards Committee’s Workgroup Procedure: Interested persons may A paper copy may also be obtained, Meetings; Notice of Meetings present data, information, or views, without charge, by contacting Mr. orally or in writing, on issues pending Ledvina. AGENCY: Office of the National before the workgroups. Written SUPPLEMENTARY INFORMATION: Coordinator for Health Information submissions may be made to the contact Title: Executive Branch Confidential Technology, HHS. person on or before two days prior to Financial Disclosure Report. ACTION: Notice of meetings. the workgroups’ meeting date. Oral Agency Form Number: OGE Form comments from the public will be 450. This notice announces forthcoming scheduled at the conclusion of each OMB Control Number: 3209–0006. subcommittee meetings of a Federal workgroup meeting. Time allotted for Type of Information Collection: advisory committee of the Office of the each presentation will be limited to Extension without change of a currently National Coordinator for Health three minutes. If the number of speakers approved collection. Information Technology (ONC). The requesting to comment is greater than Type of Review Request: Regular. meetings will be open to the public via can be reasonably accommodated Respondents: Private citizens who are dial-in access only. during the scheduled open public potential (incoming) regular Federal Name of Committees: HIT Standards session, ONC will take written employees whose positions are Committee’s Workgroups: Clinical comments after the meeting until close designated for confidential disclosure Operations Vocabulary, and Privacy & of business on that day. filing, and special Government Security workgroups. If you require special employees whose agencies require that General Function of the Committee: accommodations due to a disability, they file new entrant disclosure reports To provide recommendations to the please contact Judy Sparrow at least prior to assuming Government National Coordinator on standards, seven (7) days in advance of the responsibilities. implementation specifications, and meeting.

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ONC is committed to the orderly Time; February 16th NHIN Workgroup, Dated: January 15, 2010. conduct of its advisory committee 10 to 2 p.m./Eastern Time; February Judith Sparrow, meetings. Please visit our Web site at 19th Privacy & Security Policy Office of Programs and Coordination, Office http://healthit.hhs.gov for procedures Workgroup, 2 to 4 p.m./Eastern Time; of the National Coordinator for Health on public conduct during advisory and February 26th Strategic Plan Information Technology. committee meetings. Workgroup, 9 to 12 p.m./Eastern Time. [FR Doc. 2010–1235 Filed 1–22–10; 8:45 am] Notice of this meeting is given under Location: All workgroup meetings BILLING CODE 4150–45–P the Federal Advisory Committee Act will be available via Webcast; for (Pub. L. 92–463, 5 U.S.C., App. 2). instructions on how to listen via DEPARTMENT OF HEALTH AND Dated: January 15, 2010. telephone or Web visit http:// HUMAN SERVICES Judith Sparrow, healthit.hhs.gov. Please check the ONC Web site for additional information as it Office of Programs and Coordination, Office Indian Health Service of the National Coordinator for Health becomes available. Information Technology. Contact Person: Judy Sparrow, Office Request for Public Comment: 30-Day [FR Doc. 2010–1231 Filed 1–22–10; 8:45 am] of the National Coordinator, HHS, 330 C Proposed Information Collection: BILLING CODE 4150–45–P Street, SW., Washington, DC 20201, Indian Health Service Customer 202–205–4528, Fax: 202–690–6079, e- Satisfaction Survey mail: [email protected]. Please call DEPARTMENT OF HEALTH AND the contact person for up-to-date AGENCY: Indian Health Service, HHS. HUMAN SERVICES information on these meetings. A notice ACTION: Notice. in the Federal Register about last- SUMMARY: Office of the National Coordinator for minute modifications that impact a In compliance with Section Health Information Technology; HIT previously announced advisory 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, which requires Policy Committee’s Workgroup committee meeting cannot always be 30 days for public comment on Meetings; Notice of Meetings published quickly enough to provide proposed information collection timely notice. AGENCY: Office of the National projects, the Indian Health Service (IHS) Agenda: The workgroups will be Coordinator for Health Information has submitted to the Office of discussing issues related to their Technology, HHS. Management and Budget (OMB) a specific subject matter, e.g., meaningful ACTION: Notice of meetings. request to review and approve the use, the NHIN, privacy and security information collection listed below. This notice announces forthcoming policy, adoption/certification, or This proposed information collection subcommittee meetings of a federal strategic planning. If background project was previously published in the advisory committee of the Office of the materials are associated with the Federal Register (74 FR 46201) on National Coordinator for Health workgroup meetings, they will be September 8, 2009 and allowed 60 days Information Technology (ONC). The posted on ONC’s Web site prior to the for public comment. No public meetings will be open to the public via meeting at http://healthit.hhs.gov. comment was received in response to dial-in access only. Procedure: Interested persons may the notice. The purpose of this notice is Name of Committees: HIT Policy present data, information, or views, to allow 30 days for public comment to Committee’s Workgroups: Meaningful orally or in writing, on issues pending be submitted directly to OMB. Use, Privacy & Security Policy, Strategic before the workgroups. Written Proposed Collection: Title: 0917– Plan, Adoption/Certification, and submissions may be made to the contact NEW, ‘‘Indian Health Service Customer Nationwide Health Information person on or before two days prior to Satisfaction Survey.’’ Type of Infrastructure (NHIN) workgroups. the workgroups’ meeting date. Oral Information Collection Request: Three General Function of the Committee: comments from the pubic will be year approval of this new information To provide recommendations to the scheduled at the conclusion of each collection, 0917–NEW, ‘‘Indian Health National Coordinator on a policy workgroup meeting. Time allotted for Service Customer Satisfaction Survey.’’ framework for the development and each presentation will be limited to Form(s): Tribal Homeowner Survey, adoption of a nationwide health three minutes. If the number of speakers Tribal Partner Survey, Annual Operator information technology infrastructure requesting to comment is greater than Operation and Maintenance (O&M) that permits the electronic exchange and can be reasonably accommodated Survey, and Post Construction O&M use of health information as is during the scheduled open public Survey. Need and Use of Information consistent with the Federal Health IT session, ONC will take written Collection: The IHS goal is to raise the Strategic Plan and that includes comments after the meeting until close health status of the American Indian recommendations on the areas in which of business on that day. and Alaska Native people to the highest standards, implementation If you require special possible level by providing specifications, and certification criteria accommodations due to a disability, comprehensive health care and are needed. please contact Judy Sparrow at least preventive health services. To support Date and Time: The HIT Policy seven (7) days in advance of the the IHS mission, the Sanitation Committee Workgroups will hold the meeting. Facilities Construction Program (SFCP) following public meetings during ONC is committed to the orderly provides technical and financial February 2010: February 3rd Privacy & conduct of its advisory committee assistance to American Indian Tribes Security Policy Workgroup, 3 to 4:30 meetings. Please visit our Web site at and Alaska Native villages for p.m./Eastern Time; February 9th http://healthit.hhs.gov for procedures cooperative development and continued Strategic Plan Workgroup, 9 to 12 p.m./ on public conduct during advisory operation of safe water, wastewater, and Eastern Time; February 11th Adoption/ committee meetings. solid waste systems and related support Certification Workgroup, 2 to 5 p.m./ Notice of this meeting is given under facilities. Eastern Time; February 12th Meaningful the Federal Advisory Committee Act The IHS Office of Environmental Use Workgroup, 11 to 1 p.m./Eastern (Pub. L. 92–463, 5 U.S.C., App. 2). Health and Engineering (OEHE), SFCP

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‘‘Customer Satisfaction Surveys,’’ will information gathered will be used by Affected Public: Individuals. Type of provide the information needed to agency management and staff to identify Respondents: Tribal homeowners, complete these goals. With the strengths and weaknesses in current Tribal leaders, and Tribal operation and information collected from Tribal service provision, to plan and redirect maintenance operators. resources, to make improvements that homeowners, Tribal leaders, and Tribal The table below provides: Types of operation and maintenance operators, are practical and feasible, and to data collection instruments, Estimated the Sanitation facilities programs will provide vital feedback to partner number of respondents, Number of make improvements that will result in agencies, Tribal leaders, system improved quality of services. operators, health boards, and responses per respondent, Annual Voluntary customer satisfaction community members regarding number of responses, Average burden surveys will be conducted through customer satisfaction or dissatisfaction minutes per response, and Total annual phone calls, mail, and the Internet. The with the SFCP. burden hour(s).

Number Responses Total Burden Annual Data collection instrument(s) of per annual minutes per burden respondents respondent response response hours

Tribal Homeowner Survey ...... 1,300 1 1,300 10 217 Tribal Partner Survey ...... 175 1 175 10 29 Annual Operator O&M Survey ...... 125 1 125 10 21 Post Construction O&M Survey ...... 200 1 200 10 33

Total ...... 1,800 ...... 300

There are no Capital Costs, Operating 20852–1627; call non-toll free (301) information collection for the proper Costs, and/or Maintenance Costs to 443–7899; send via facsimile to (301) performance of the agency’s functions; report. 443–9879; or send your e-mail requests, (2) the accuracy of the estimated Request for Comments: Your written comments, and return address to: burden; (3) ways to enhance the quality, comments and/or suggestions are [email protected]. utility, and clarity of the information to invited on one or more of the following Comment Due Date: Comments be collected; and (4) the use of points: (a) Whether the information regarding this information collection are automated collection techniques or collection activity is necessary to carry best assured of having full effect if other forms of information technology to out an agency function; (b) whether the received within 30 days of the date of minimize the information collection agency processes the information this publication. burden. collected in a useful and timely fashion; Dated: January 14, 2010. 1. Type of Information Collection (c) the accuracy of the public burden Yvette Roubideaux, Request: Extension of a currently estimate (the estimated amount of time Director, Indian Health Service. approved collection; Title of needed for individual respondents to Information Collection: Detailed Notice [FR Doc. 2010–1233 Filed 1–22–10; 8:45 am] provide the requested information); (d) of Discharge (DND); Use: A beneficiary/ whether the methodology and BILLING CODE 4165–16–P enrollee who wishes to appeal a assumptions used to determine the determination by a Medicare health estimates are logical; (e) ways to DEPARTMENT OF HEALTH AND plan or hospital that inpatient care is no enhance the quality, utility, and clarity HUMAN SERVICES longer necessary, may request Quality of the information being collected; and Improvement Organization (QIO) review (f) ways to minimize the public burden Centers for Medicare & Medicaid of the determination. On the date the through the use of automated, Services QIO receives the beneficiary’s/enrollee’s electronic, mechanical, or other request, it must notify the plan and technological collection techniques or [Document Identifier: CMS–10066, CMS–R– hospital that the beneficiary/enrollee 193, CMS–10295 and CMS–10234] other forms of information technology. has filed a request for an expedited Direct Comments to OMB: Send your Agency Information Collection determination. The plan (for a managed written comments and suggestions Activities: Proposed Collection; care enrollee) or hospital (for an original regarding the proposed information Comment Request Medicare beneficiary), in turn, must collection contained in this notice, deliver a detailed notice to the enrollee/ especially regarding the estimated AGENCY: Centers for Medicare & beneficiary. Form Number: CMS–10066 public burden and associated response Medicaid Services, HHS. (OMB#: 0938–1019); Frequency: time to: Office of Management and In compliance with the requirement Reporting—Yearly; Affected Public: Budget, Office of Regulatory Affairs, of section 3506(c)(2)(A) of the Business or other for-profits and Not- Attention: Desk Officer for IHS, New Paperwork Reduction Act of 1995, the for-profit institutions; Number of Executive Office Building, Room 10235, Centers for Medicare & Medicaid Respondents: 6163; Total Annual Washington, DC 20503. Services (CMS) is publishing the Responses: 13,218; Total Annual Hours: Send Comments and Requests for following summary of proposed 13,218. (For policy questions regarding Further Information: To request more collections for public comment. this collection contact Evelyn Blaemire information on the proposed collection Interested persons are invited to send at 410–786–1803. For all other issues or to obtain a copy of the data collection comments regarding this burden call 410–786–1326.) instrument(s) and/or instruction(s) estimate or any other aspect of this 2. Type of Information Collection contact: Ms. Betty Gould, Reports collection of information, including any Request: Revision of a currently Clearance Officer, 801 Thompson of the following subjects: (1) The approved collection; Title of Avenue, TMP, Suite 450, Rockville, MD necessity and utility of the proposed Information Collection: Important

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Message from Medicare (IM); Use: Governments; Number of Respondents: Division of Regulations Development, Requirements that hospitals notify 50; Total Annual Responses: 200; Total Attention: Document Identifier/OMB beneficiaries in inpatient hospital Annual Hours: 600. (For policy Control Number, Room C4–26–05, 7500 settings of their rights as a hospital questions regarding this collection Security Boulevard, Baltimore, patient including their discharge appeal contact Richard Strauss at 410–786– Maryland 21244–1850. rights are referenced in Section 1866 of 2019. For all other issues call 410–786– Dated: January 15, 2010. the Social Security Act (The Act). The 1326.) Michelle Shortt, authority for the right to an expedited 4. Type of Information Collection Request: Extension of a currently Director, Regulations Development Group, determination is set forth at Sections Office of Strategic Operations and Regulatory 1869 and 1154 of the Act. The hospital approved collection; Title of Affairs. Information Collection: State Plan Pre- must deliver valid, written notice (the [FR Doc. 2010–1341 Filed 1–22–10; 8:45 am] print implementing Section 6087 of the IM) of a patient’s rights as a hospital BILLING CODE 4120–01–P patient including the discharge appeal Deficit Reduction Act: Optional Self- rights, within 2 calendar days of Direction Personal Assistance Services admission. A follow-up copy of the (PAS) Program (Cash and Counseling); DEPARTMENT OF HEALTH AND signed IM is given again as far as Form Number: CMS–10234 (OMB#: HUMAN SERVICES possible in advance of discharge, but no 0938–1024); Use: Information submitted more than 2 calendar days before. via the State Plan Amendment (SPA) Agency for Healthcare Research and Follow-up notice is not required if pre-print is used by CMS and Regional Quality provision of the admission IM falls Offices to analyze a State’s proposal to within 2 calendar days of discharge. The implement Section 6087 of the Deficit Agency Information Collection collection has been revised to include Reduction Act (DRA). State Medicaid Activities: Proposed Collection; documentation of the time when the Agencies will complete the SPA pre- Comment Request print, and submit it to CMS for a beneficiary signs the document when it AGENCY: Agency for Healthcare Research comprehensive analysis. The pre-print is delivered initially and as a follow up and Quality, HHS. contains assurances, check-off items, copy. Form Number: CMS–R–193 ACTION: Notice. (OMB#: 0938–1019); Frequency: and areas for States to describe policies Reporting—Yearly; Affected Public: and procedures for subjects such as SUMMARY: This notice announces the Business or other for-profits and Not- quality assurance, risk management, and intention of the Agency for Healthcare for-profit institutions; Number of voluntary and involuntary Research and Quality (AHRQ) to request Respondents: 3193; Total Annual disenrollment; Frequency: Reporting— that the Office of Management and Responses: 13,218; Total Annual Hours: Once; Affected Public: State, Local, or Budget (OMB) approve the proposed 19,680,000. (For policy questions Tribal Government; Number of information collection project: regarding this collection contact Evelyn Respondents: 56; Total Annual ‘‘Collection of Information for Agency Blaemire at 410–786–1803. For all other Responses: 20; Total Annual Hours: for Healthcare Research and Quality’s issues call 410–786–1326.) 400. (For policy questions regarding this (AHRQ) Consumer Assessment of collection contact Carrie Smith at 410– Healthcare Providers and Systems 3. Type of Information Collection 786–4485. For all other issues call 410– Request: Extension of a currently (CAHPS) Health Plan Survey 786–1326.) Comparative Database.’’ In accordance approved collection; Title of To obtain copies of the supporting Information Collection: Recovery Act— with the Paperwork Reduction Act, 44 statement and any related forms for the U.S.C. 3501–3520, AHRQ invites the Reporting Requirements for States proposed paperwork collections Under FMAP Increase and TMA public to comment on this proposed referenced above, access CMS’ Web site information collection. Provisions; Use: The American at http://www.cms.hhs.gov/ DATES: Comments on this notice must be Recovery and Reinvestment Act of 2009 PaperworkReductionActof1995, or e- received by March 26, 2010. (Recovery Act), Public Law 111–5, mail your request, including your requires that States submit quarterly address, phone number, OMB number, ADDRESSES: Written comments should reports to the Secretary of Health and and CMS document identifier, to be submitted to: Doris Lefkowitz, Human Services in accordance with [email protected], or call the Reports Clearance Officer, AHRQ, by e- section 5001 Temporary Increase of Reports Clearance Office on (410) 786– mail at [email protected]. Copies of the proposed collection Medicaid Federal Medical Assistance 1326. Percentage (FMAP) and section 5004(d) In commenting on the proposed plans, data collection instruments, and Extension of Transitional Medical information collections please reference specific details on the estimated burden Assistance (TMA). The reports under the document identifier or OMB control can be obtained from the AHRQ Reports section 5001 are required for the period number. To be assured consideration, Clearance Officer. of October 1, 2008—September 30, comments and recommendations must FOR FURTHER INFORMATION CONTACT: 2011. The reports under section 5004 be submitted in one of the following Doris Lefkowitz, AHRQ Reports are required beginning on July 1, 2009 ways by March 26, 2010: Clearance Officer, (301) 427–1477, or by until the Federal authority for TMA 1. Electronically. You may submit e-mail at coverage sunsets (now scheduled to your comments electronically to http:// [email protected]. sunset on December 31, 2010). Each www.regulations.gov. Follow the SUPPLEMENTARY INFORMATION: State Medicaid agency will submit its instructions for ‘‘Comment or quarterly reports to the appropriate Submission’’ or ‘‘More Search Options’’ Proposed Project Regional Office of CMS. The reports will to find the information collection Collection of Information for Agency be compiled and summarized for annual document(s) accepting comments. for Healthcare Research and Quality’s reports to Congress. Form Number: 2. By regular mail. You may mail (AHRQ) Consumer Assessment of CMS–10295 (OMB#: 0938–1073); written comments to the following Healthcare Providers and Systems Frequency: Reporting—Quarterly; address: CMS, Office of Strategic (CAHPS) Health Plan Survey Affected Public: State, Local, or Tribal Operations and Regulatory Affairs, Comparative Database.

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The Agency for Healthcare Research annual National Healthcare Quality and and prepare their materials and dataset and Quality (AHRQ) requests that the National Healthcare Disparities Reports. for submission to the CAHPS Health Office of Management and Budget Voluntary participants include public Plan Database. Participating (OMB) approve, under the Paperwork and private employers, State Medicaid organizations are typically State Reduction Act of 1995, AHRQ’s agencies, State Children’s Health Medicaid agencies with multiple health collection of information for the AHRQ Insurance Programs (SCHIP), CMS, and plans. However, individual health plans Consumer Assessment of Healthcare individual health plans. are also encouraged to submit their data Providers and Systems (CAHPS) The collection of information for the to the CAHPS Database. The number of Database for Health Plans. The CAHPS CAHPS Database for Health Plans is data submissions per registrant varies Health Plan Database consists of data being conducted pursuant to AHRQ’s from participant to participant and year from the AHRQ CAHPS Health Plan statutory authority to conduct and to year because some participants Survey. Health plans in the U.S. are support research on health care and submit data for multiple health plans, asked to voluntarily submit data from systems for the delivery of such care, while others may only submit survey the survey to AHRQ, through its including activities with respect to the data for one plan. contractor, Westat. The CAHPS quality, effectiveness, efficiency, Each organization that decides to Database was developed by AHRQ in appropriateness and value of health care participate in the database must have 1998 in response to requests from health services. See 42 U.S.C. 299a(a)(1). their POC complete a registration form plans, purchasers, and the Centers for Method of Collection providing their contact information for Medicare & Medicaid Services (CMS) to access to the on-line data submission Information for the CAHPS Health provide comparative data to support system, sign and submit a data use Plan Database has been collected by public reporting of health plan ratings, agreement (DUA), and provide health AHRQ through its contractor Westat on health plan accreditation and quality plan characteristics such as health plan an annual basis since 1998. Health plans improvement. name, product type, type of population are asked to voluntarily submit their The CAHPS Health Plan Survey is a surveyed, health plan state, and plan data to the comparative database in June tool for collecting standardized name to appear in the reporting of their of each year. The data are cleaned with information on enrollees’ experiences results. standardized programs, then aggregated with health plans and their services. Each vendor that submits files on The development of the CAHPS Health and used to produce comparative results for commercial (adult and child), behalf of a Medicaid agency or Plan Survey began in 1995, when AHRQ individual health plan must also awarded the first set of CAHPS grants to Medicaid (adult and child), and complete the registration form in order Harvard, RTI, and RAND. In 1997 the Medicare (adult) populations for the two to obtain access to the on-line CAHPS 1.0 survey was released by the most recent years. In addition, submission system. The vendor, on CAHPS Consortium. The CAHPS individual participant reports are behalf of their client, may also complete Consortium refers to the research produced that display the participating additional information about survey organizations involved in the organizations’ own results compared to administration (CAHPS survey version development, dissemination, and appropriate comparisons derived from used, mode of survey administration, support of CAHPS products. The the National, regional and product-type total enrollment count, description of current Consortium includes AHRQ, distributions on a password-protected how the sample was selected), submit a CMS, RAND, Yale School of Public section of the online reporting system. Health, and Westat. The CAHPS Health Plan Database copy of the questionnaire used, and Since that time, the Consortium has receives the data from three sources. submit one data file per health plan. clarified and updated the survey First, commercial health plan data is Commercial health plan data is received instrument to reflect field test results; purchased by the CAHPS Health Plan directly from NCQA. Medicare health feedback from industry experts; reports Database directly from the National plan data is received from CMS. from health plan participants, data Committee for Quality Assurance The burden hours and costs below collection vendors, and other users; and (NCQA). The data is collected by NCQA pertain only to the collection of evidence from cognitive testing and from those who participate in its Medicaid data from State Medicaid focus groups. In November 2006, the accreditation program. Second, agencies and individual Medicaid CAHPS Consortium released the latest Medicare data is provided by CMS health plans because those are the only version of the instrument: The CAHPS through an agency data use agreement. entities that submit data through the Health Plan Survey 4.0. The The Medicare data is collected by CMS data submission process (other data are development of this update to the and their contractor from beneficiaries obtained directly from NCQA and CMS Health Plan Survey has been part of the who were enrolled in a managed care as noted earlier in Section 2). In 2009, ‘‘Ambulatory CAHPS (A–CAHPS) health plan. Third, Medicaid data is a total of 60 participants, representing Initiative,’’ which arose as a result of collected by the CAHPS Health Plan 45 individual organizations and 15 extensive research conducted with Database. Medicaid agencies and their vendors, submitted data for 244 health users. AHRQ released the CAHPS vendors directly submit their Medicaid plans (an average of about 4 health Health Plan Survey 4.0, along with health plan survey data to the CAPHS plans per participant). guidance on how to customize and Health Plan Database through an online Exhibits 1 and 2 are based on the administer it. The National Quality data submission system. Data submitted estimated number of individual Forum endorsed the 4.0 version of the by Medicaid plans are compiled along participants (participating organizations Health Plan Survey in July 2007. with the data received from CMS and and/or vendors) who will complete the The CAHPS Health Plan Database NCQA to comprise the CAHPS Health database submission steps and forms in uses data from AHRQ’s standardized Plan Survey comparative database. the coming years, and is not based on CAHPS Health plan survey to provide the total number of health plans that are comparative results to health care Estimated Annual Respondent Burden submitted. The number of respondents purchasers, consumers, regulators and Each year State Medicaid agencies and burden hours are based on an policy makers across the country. The and individual health plans decide estimated slight increase in the number Database also provides data for AHRQ’s whether to participate in the database of participants to 70 in 2010 and 2011.

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In Exhibit 1, the 70 participants that Medicaid agencies or individual health participants with 4 health plans per will complete the registration form and plans will sign and submit a DUA. participant). The total burden hours for submit information to the CAHPS Vendors do not sign or submit DUAs. completing the registration, DUA and Health Plan Database are a combination Health plan information and data files data submission process are estimated of an estimated 50 State Medicaid are submitted for each health plan. to be 722 hours. agencies and individual health plans, Exhibit 1 shows an estimated total of and 20 estimated vendors. The 50 State 280 health plans (70 estimated

EXHIBIT 1—ESTIMATED ANNUALIZED BURDEN HOURS

Number of Number of Form name respondents/ responses per Hours per Total burden POCS POC response hours

Registration Form and Data Submission * ...... 70 1 7.6 532 Data Use Agreement ** ...... 50 1 1 50 Health Plan Information *** ...... 70 4 30/60 140

Total ...... 190 NA NA 722 * The online Registration Form requires about 5 minutes to complete; however, over 7 hours is required to plan/prepare for the data submis- sion. This includes the amount of time the participating organization, and others (CEO, lawyer, vendor) typically spend deciding whether to par- ticipate in the database and preparing their materials and dataset for submission to the CAHPS Health Plan Database and performing the sub- mission. ** The Data Use Agreement requires about 3 minutes to complete; however, about 57 minutes is required for the participating organization to review the agreement prior to signing. This includes the review by the organization’s CEO or legal department. *** A few health plans may submit their data directly; however, most health plan data will be submitted by the POC.

Exhibit 2 shows the estimated submission process. The cost burden is annualized cost burden based on the estimated to be $31,046 annually. respondents’ time to complete the

EXHIBIT 2—ESTIMATED ANNUALIZED COST BURDEN

Average Form name Number of Total burden hourly wage Total cost respondents hours rate ** burden

Registration Form and Data Submission * ...... 70 532 $43.00 $22,876 Data Use Agreement ...... 50 50 43.00 2,150 Health Plan Information ...... 70 140 43.00 6,020

Total ...... 190 722 NA 31,046 * Wage rates were calculated using the mean hourly wage based on occupational employment and wage estimates from the Dept of Labor, Bureau of Labor Statistics’ May 2008 National Industry-Specific Occupational Employment and Wage Estimates NAICS 622000—located at http://www.bls.gov/oes/current/oes_nat.htm. ** Wage rate of $43.00 is based on the mean hourly wages for Medical and Health Services Managers. Wage rate of $42.67 is the weighted mean hourly wage for: Medical and Health Services Managers ($42.67 × 2.6 hours = $110.95), Lawyers ($59.98 × .5 hours = $29.99), Chief Ex- ecutives ($89.16 × .5 hours = $44.58), and Computer programmer ($35.32 × 4 hours = $141.28) [Weighted mean = ($110.95 + 29.99 + 44.58 + 141.28)/7.6 hours = $326.80/7.6 hours = $43.00/hour].

Estimated Annual Costs to the Federal EXHIBIT 3—ESTIMATED ANNUALIZED healthcare information dissemination Government COST functions, including whether the information will have practical utility; Exhibit 3 shows the estimated (b) the accuracy of AHRQ’s estimate of Cost component Annualized annualized cost to the government for cost burden (including hours and costs) of developing, maintaining and managing the proposed collection(s) of the Health Plan Database and analyzing Database Maintenance ...... $50,000 information; (c) ways to enhance the the data and reporting results. The cost Data Submission ...... 100,000 Data Analysis and Reporting ...... 110,000 quality, utility, and clarity of the is estimated to be $260,000 annually. information to be collected; and (d) Annualized costs for collecting and Total ...... 260,000 ways to minimize the burden of the processing the CAHPS Health Plan collection of information upon the Database are based upon 10 years of Request for Comments respondents, including the use of historical project costs. Start-up costs automated collection techniques or were present in the early years of the In accordance with the above-cited other forms of information technology. database only. Paperwork Reduction Act legislation, Comments submitted in response to comments on AHRQ’s information this notice will be summarized and collection are requested with regard to included in the Agency’s subsequent any of the following: (a) Whether the request for OMB approval of the proposed collection of information is proposed information collection. All necessary for the proper performance of comments will become a matter of AHRQ healthcare research and public record.

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Dated: January 11, 2010. Department of Health and Human redaction policy provided below. Any Carolyn M. Clancy, Services (HHS) as a final rule, advice on written comments received will be Director. methods of dose reconstruction which provided at the meeting and should be [FR Doc. 2010–1158 Filed 1–22–10; 8:45 am] have also been promulgated by HHS as submitted to the contact person below BILLING CODE 4160–90–M a final rule, advice on the scientific well in advance of the meeting. validity and quality of dose estimation Policy on Redaction of Board Meeting and reconstruction efforts being Transcripts (Public Comment), (1) If a DEPARTMENT OF HEALTH AND performed for purposes of the person making a comment gives his or compensation program, and advice on HUMAN SERVICES her name, no attempt will be made to petitions to add classes of workers to the redact that name. (2) NIOSH will take Centers for Disease Control and Special Exposure Cohort (SEC). reasonable steps to ensure that Prevention In December 2000, the President delegated responsibility for funding, individuals making public comment are Advisory Board on Radiation and staffing, and operating the Advisory aware of the fact that their comments Worker Health (ABRWH or Advisory Board to HHS, which subsequently (including their name, if provided) will Board), National Institute for delegated this authority to the CDC. appear in a transcript of the meeting Occupational Safety and Health NIOSH implements this responsibility posted on a public Web site. Such (NIOSH) for CDC. The charter was issued on reasonable steps include: (a) A August 3, 2001, renewed at appropriate statement read at the start of each public In accordance with section 10(a)(2) of intervals, and will expire on August 3, comment period stating that transcripts the Federal Advisory Committee Act 2011. will be posted and names of speakers (Pub. L. 92–463), and pursuant to the Purpose: This Advisory Board is will not be redacted; (b) A printed copy requirements of 42 CFR 83.15(a), the charged with (a) Providing advice to the of the statement mentioned in (a) above Centers for Disease Control and Secretary, HHS, on the development of will be displayed on the table where Prevention (CDC), announces the guidelines under Executive Order individuals sign up to make public following meeting of the 13179; (b) providing advice to the comment; (c) A statement such as aforementioned committee: Secretary, HHS, on the scientific outlined in (a) above will also appear Board Public Meeting Times and Dates validity and quality of dose with the agenda for a Board Meeting (All Times Are Pacific Standard Time) reconstruction efforts performed for this when it is posted on the NIOSH Web program; and (c) upon request by the site; (d) A statement such as in (a) above 8:45 a.m.–4:30 p.m., February 9, 2010. Secretary, HHS, advise the Secretary on will appear in the Federal Register 9 a.m.–6 p.m., February 10, 2010. whether there is a class of employees at Notice that announces Board and 9 a.m.–3 p.m., February 11, 2010. any Department of Energy facility who Subcommittee meetings. (3) If an Public Comment Times and Dates (All were exposed to radiation but for whom individual, in making a statement, Times Are Pacific Standard Time) it is not feasible to estimate their reveals personal information (e.g., radiation dose, and on whether there is medical information) about themselves, 4:30 p.m.–6 p.m., February 9, 2010.* reasonable likelihood that such that information will not usually be 6 p.m.–7:30 p.m., February 10, 2010.* radiation doses may have endangered redacted. The NIOSH FOIA coordinator *Please note that the public comment the health of members of this class. will, however, review such revelations periods may end before the times Matters To Be Discussed: The agenda in accordance with the Freedom of indicated, following the last call for for the Advisory Board meeting Information Act and the Federal comments. Members of the public who includes: NIOSH Program Update and Advisory Committee Act and if deemed wish to provide public comment should Program Evaluation Plans; Department appropriate, will redact such plan to attend public comment sessions of Labor (DOL) Program Update; information. (4) All disclosures of at the start times listed. Department of Energy (DOE) Program information concerning third parties Place: Marriott Manhattan Beach, Update; OCAS Science Update; Special will be redacted. (5) If it comes to the 1400 Parkview Avenue, Manhattan Exposure Cohort (SEC) petitions for: attention of the DFO that an individual Beach, California; Phone: (310) 546– Lawrence Livermore National wishes to share information with the 7511; Fax: (310) 939–1486. Audio Laboratory, Santa Susana Area IV, Board but objects to doing so in a public Conference Call via FTS Conferencing. Canoga Avenue Facility (Los Angeles forum, the DFO will work with that The USA toll free dial-in number is 1– County, California), Lawrence Berkeley individual, in accordance with the 866–659–0537 with a pass code of National Laboratory, General Electric Federal Advisory Committee Act, to 9933701. Company (Evendale, Ohio), Blockson find a way that the Board can hear such Status: Open to the public, limited Chemical Company, Chapman Valve comments. only by the space available. The meeting Manufacturing Company, United Contact Person for More Information: space accommodates approximately 100 Nuclear Corporation (Hematite, Theodore Katz, M.P.A., Executive people. Missouri), Hanger 481 at Kirtland Air Secretary, NIOSH, CDC, 1600 Clifton Background: The Advisory Board was Force Base, Nevada Test Site, and Road, MS E–20, Atlanta, GA 30333, established under the Energy Employees Westinghouse Electric Corportation Telephone (513) 533–6800, Toll Free Occupational Illness Compensation (Bloomfield, New Jersey); SEC Petition 1(800) CDC–INFO, E-mail [email protected]. Program (EEOICP) Act of 2000 to advise Status Updates; Subcommittee and the President on a variety of policy and Work Group Reports; Board Working The Director, Management Analysis technical functions required to Time; and Conflict of Interest and Services Office, has been delegated implement and effectively manage the Requirements. the authority to sign Federal Register new compensation program. Key The agenda is subject to change as Notices pertaining to announcements of functions of the Advisory Board include priorities dictate. meetings and other committee providing advice on the development of In the event an individual cannot management activities, for both CDC probability of causation guidelines attend, written comments may be and the Agency for Toxic Substances which have been promulgated by the submitted in accordance with the and Disease Registry.

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Dated: January 14, 2010. Dated: January 15, 2010. DEPARTMENT OF HOMELAND Elaine L. Baker, Elaine L. Baker, SECURITY Director, Management Analysis and Services Director, Management Analysis and Services Office, Centers for Disease Control and Office, Centers for Disease Control and Federal Emergency Management Prevention. Prevention (CDC) . Agency [FR Doc. 2010–1274 Filed 1–22–10; 8:45 am] [FR Doc. 2010–1275 Filed 1–22–10; 8:45 am] [Docket ID: FEMA–2009–0001] BILLING CODE 4163–18–P BILLING CODE 4163–18–P Agency Information Collection Activities: Proposed Collection; DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Comment Request, 1660–0076; Hazard HUMAN SERVICES HUMAN SERVICES Mitigation Grant Program Application and Reporting Centers for Disease Control and National Institutes of Health Prevention AGENCY: Federal Emergency Management Agency, DHS. Center for Scientific Review; Notice of Healthcare Infection Control Practices Closed Meeting ACTION: Notice; 60-day notice and Advisory Committee (HICPAC) request for comments; revision of a Pursuant to section 10(d) of the currently approved information In accordance with section 10(a)(2) of Federal Advisory Committee Act, as collection; OMB No. 1660–0076; No the Federal Advisory Committee Act amended (5 U.S.C. App.), notice is Form. (Pub. L. 92–463), the Centers for Disease hereby given of the following meeting. Control and Prevention (CDC) SUMMARY: The Federal Emergency announces the following meeting for the The meeting will be closed to the Management Agency, as part of its aforementioned committee: public in accordance with the continuing effort to reduce paperwork provisions set forth in sections and respondent burden, invites the Times and Dates: 9 a.m.–5 p.m., February general public and other Federal 11, 2010. 9 a.m.–12 p.m., February 12, 2010. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and agencies to take this opportunity to Place: CDC, Global Communications comment on a proposed revision of a Center, Building 19, Auditorium B3, 1600 the discussions could disclose currently approved information Clifton Road, NE., Atlanta, Georgia 30333. confidential trade secrets or commercial collection. In accordance with the Status: Open to the public, limited only by property such as patentable material, Paperwork Reduction Act of 1995, this the space available. and personal information concerning Notice seeks comments concerning the Purpose: The Committee is charged with individuals associated with the grant Hazard Mitigation Grant Program providing advice and guidance to the applications, the disclosure of which Secretary; the Assistant Secretary for Health; application and reporting requirements. would constitute a clearly unwarranted the Director, CDC; and the Director, National DATES: Comments must be submitted on invasion of personal privacy. Center for Preparedness, Detection, and or before March 26, 2010. Control of Infectious Diseases (NCPDCID), Name of Committee: Center for Scientific ADDRESSES: To avoid duplicate regarding: (1) The practice of hospital Review Special Emphasis Panel; Molecular submissions to the docket, please use infection control; (2) strategies for Mechanisms of Neurodegeneration. only one of the following means to surveillance, prevention, and control of Date: January 27, 2010. submit comments: infections (e.g., nosocomial infections), Time: 1 p.m. to 4 p.m. (1) Online. Submit comments at antimicrobial resistance, and related events Agenda: To review and evaluate grant http://www.regulations.gov under in settings where healthcare is provided; and applications. (3) periodic updating of guidelines and other docket ID FEMA–2009–0001. Follow the Place: National Institutes of Health, 6701 instructions for submitting comments. policy statements regarding prevention of Rockledge Drive, Bethesda, MD 20892 healthcare-associated infections and (2) Mail. Submit written comments to (Telephone Conference Call). healthcare-related conditions. Office of Chief Counsel, Regulation and Contact Person: Lawrence Baizer, PhD, Matters To Be Discussed: The agenda will Policy Team, DHS/FEMA, 500 C Street, Scientific Review Officer, Center for include updates on CDC healthcare- SW., Room 835, Washington, DC 20472– associated infections Recovery Act efforts; Scientific Review, National Institutes of 3100. discussion on the draft guideline for Health, 6701 Rockledge Drive, Room 4152, (3) Facsimile. Submit comments to prevention of intravascular catheter-related MSC 7850, Bethesda, MD 20892, (301) 435– (703) 483–2999. bloodstream infections; and the draft 1257, [email protected]. (4) E-mail. Submit comments to guideline for the prevention and management This notice is being published less than 15 [email protected]. Include docket of norovirus gastroenteritis outbreaks in days prior to the meeting due to the timing ID FEMA–2009–0001 in the subject line. healthcare settings. limitations imposed by the review and All submissions received must Agenda items are subject to change as funding cycle. include the agency name and docket ID. priorities dictate. (Catalogue of Federal Domestic Assistance Regardless of the method used for For Further Information Contact: Michelle Program Nos. 93.306, Comparative Medicine; submitting comments or material, all W. King, Committee Management Specialist, 93.333, Clinical Research, 93.306, 93.333, submissions will be posted, without Division of Healthcare Quality Promotion, 93.337, 93.393–93.396, 93.837–93.844, change, to the Federal eRulemaking NCPDCID, CDC, 1600 Clifton Road, NE., 93.846–93.878, 93.892, 93.893, National Portal at http://www.regulations.gov, Mailstop A–07, Atlanta, Georgia 30333, Institutes of Health, HHS) and will include any personal Telephone (404) 639–2936. The Director, Management Analysis and Dated: January 15, 2010. information you provide. Therefore, submitting this information makes it Services Office, has been delegated the Jennifer Spaeth, authority to sign Federal Register notices public. You may wish to read the Director, Office of Federal Advisory Privacy Act notice that is available on pertaining to announcements of meetings and Committee Policy. other committee management activities, for the Privacy and Use Notice link on the both CDC and the Agency for Toxic [FR Doc. 2010–1225 Filed 1–22–10; 8:45 am] Administration Navigation Bar of http:// Substances and Disease Registry. BILLING CODE 4140–01–P www.regulations.gov.

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FOR FURTHER INFORMATION CONTACT: requirements and grants management contributes funds toward the cost of Cecelia Rosenberg, Chief, Grants Policy procedures of the program are outlined hazard mitigation activities in order to Branch, Mitigation Division, (202) 646– in 44 CFR Part 13. reduce the risk of future damage, 3321 for additional information. You hardship, loss or suffering in any area Collection of Information may contact the Records Management affected by a major disaster. FEMA uses Branch for copies of the proposed Title: Hazard Mitigation Grant applications to collect information for collection of information at facsimile Program Application and Reporting. determining whether to provide number (202) 646–3347 or e-mail Type of Information Collection: financial assistance in the form of grant address: FEMA-Information- Revision of a currently approved awards and monitors grantee project [email protected]. information collection. activities and expenditure of funds SUPPLEMENTARY INFORMATION: Section OMB Number: 1660–0076. through grantee quarterly reporting. 404 of the Robert T. Stafford Disaster Form Titles and Numbers: No Form. Affected Public: State, local, or Tribal Relief and Emergency Assistance Act, Abstract: Grantees administer the Government. 44 U.S.C. 5170c, established the Hazard Hazard Mitigation Grant Program, Estimated Total Annual Burden Mitigation Grant Program. Grant which is a post-disaster program that Hours: 65,016 Hours.

TABLE A.12—ESTIMATED ANNUALIZED BURDEN HOURS AND COSTS

Number of Average Type of Form name/form Number of responses Total burden per Total annual Average Total annual respondent number respondents per number of response burden hourly wage respondent respondent responses (in hours) (in hours) rate* cost

State, local, or Project Narrative 56 18 1,008 12 12,096 $37.45 $452,995 Tribal Govern- Section/No Form. ment. State, local, or Benefit-Cost Deter- 56 18 1,008 5 5,040 37.45 188,748 Tribal Govern- mination/No ment. Form. State, local, or Environmental Re- 56 18 1,008 7.5 7,560 37.45 283,122 Tribal Govern- view/No Form. ment. State, local, or Annual Audit & 56 18 1,008 40 40,320 37.45 1,509,984 Tribal Govern- Audit Trail Re- ment. quirements/No Form.

Total ...... 56 65,016 $2,434,849

Estimated Cost: There is no annual e.g., permitting electronic submission of teleconference; the meeting will be open operation or maintenance cost responses. to the public. associated with this collection. Larry Gray, DATES: February 9, 2010, from 2 p.m. Comments Director, Records Management Division, until 3 p.m. Office of Management, Federal Emergency ADDRESSES: The meeting will take place Comments may be submitted as Management Agency, Department of by teleconference. For access to the indicated in the ADDRESSES caption Homeland Security. conference bridge and meeting above. Comments are solicited to (a) [FR Doc. 2010–1318 Filed 1–22–10; 8:45 am] materials, contact Ms. Sue Daage at Evaluate whether the proposed data BILLING CODE 9111–43–P (703) 235–5526 or by e-mail at collection is necessary for the proper [email protected] by 5 p.m. February performance of the agency, including 2, 2010. If you desire to submit DEPARTMENT OF HOMELAND whether the information shall have comments regarding the February 9, SECURITY practical utility; (b) evaluate the 2010 meeting, comments must be accuracy of the agency’s estimate of the National Communications System identified by NCS–2009–0005 and may burden of the proposed collection of be submitted by one of the following information, including the validity of methods: [Docket No. NCS–2009–0005] the methodology and assumptions used; Federal eRulemaking Portal: http:// (c) enhance the quality, utility, and President’s National Security www.regulations.gov. Follow the clarity of the information to be Telecommunications Advisory instructions for submitting comments. collected; and (d) minimize the burden Committee E-mail: [email protected]. Include of the collection of information on those docket number in the subject line of the who are to respond, including through AGENCY: National Communications message. the use of appropriate automated, System, DHS. Mail: Office of the Manager, National electronic, mechanical, or other ACTION: Notice of Open Advisory Communications System (Government technological collection techniques or Committee meeting. Industry Planning and Management other forms of information technology, Branch), Department of Homeland SUMMARY: The President’s National Security, 245 Murray Lane, SW., Security Telecommunications Advisory Washington, DC 20598–0615; Fax: 1– Committee (NSTAC) will be meeting by 866–466–5370.

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Instructions: All submissions received with CBP as a trade name by Sony DEPARTMENT OF THE INTERIOR must include the words ‘‘Department of Ericsson Mobile Communications AB. Homeland Security’’ and NCS–2009– The application for trade name Bureau of Land Management 0005, the docket number for this action. recordation was properly submitted to [LLWO220000.L10200000.PH0000.00000000; Comments received will be posted Customs and Border Protection (CBP) OMB Control Number 1004–0019] without alteration at http:// and published in the Federal Register. www.regulations.gov, including any As no public comments in opposition to Notice of Proposed Information personal information provided. Docket: the recordation of this trade name were Collection for 1004–0019 For access to the docket, background received by CBP within the 60-day AGENCY: documents or comments received by the comment period, the trade name has Bureau of Land Management, NSTAC, go to http:// been duly recorded with CBP and will Interior. www.regulations.gov. remain in force as long as this trade ACTION: 60-day notice and request for name is in use by this manufacturer, comments. FOR FURTHER INFORMATION CONTACT: Ms. unless the recordant requests Sue Daage, Government Industry SUMMARY: In compliance with the cancellation of the recordation or any Planning and Management Branch at Paperwork Reduction Act of 1995, the other provision of the law so requires. (703) 235–5526, e-mail: Bureau of Land Management (BLM) is DATES: [email protected] or write the Deputy Effective Date: January 25, 2010. announcing its intention to request Manager, National Communications FOR FURTHER INFORMATION CONTACT: approval to continue the collection of System, Department of Homeland Suzanne E. Kane, Attorney-Advisor, information from individuals, Security, 245 Murray Lane, SW., Intellectual Property Rights & Restricted households, farms, and businesses Washington, DC 20598–0615. Merchandise Branch, at (202) 325–0119. interested in cooperating with the BLM SUPPLEMENTARY INFORMATION: NSTAC SUPPLEMENTARY INFORMATION: Trade in constructing or maintaining range advises the President on issues and names that are being used by improvement projects to aid in handling problems related to implementing manufacturers or traders may be and caring for domestic livestock national security and emergency recorded with CBP to afford the authorized by the BLM to graze on preparedness telecommunications particular business entity with public lands. This information policy. Notice of this meeting is given increased commercial protection. CBP collection activity was previously under the Federal Advisory Committee procedures for recording trade names approved by the Office of Management Act (FACA), Public Law 92–463 (1972), are provided at § 133.11 et seq. of the and Budget (OMB), and assigned control as amended appearing in 5 U.S.C. App. CBP Regulations (19 CFR 133.11 et seq.). number 1004–0019. Pursuant to these regulations, Sony 2. At the upcoming meeting, the NSTAC DATES: Comments on the proposed Principals will receive government Ericsson Mobile Communications AB information collection must be received stakeholder comments and discuss and applied to CBP for protection of its trade by March 26, 2010, to be assured of vote on the Cybersecurity Collaboration name, Sony Ericsson Mobile consideration. Communications AB. Task Force recommendation to collect On Tuesday, November 10, 2009, CBP ADDRESSES: Comments may be mailed to data in support of information sharing published a notice of application for the U.S. Department of the Interior, Bureau policy. The data collection effort will recordation of the trade name ‘‘Sony of Land Management, Mail Stop 401– involve a private sector-to-private sector Ericsson Mobile Communications AB’’ LS, 1849 C St., NW, Washington, DC information sharing pilot exercise. in the Federal Register (74 FR 58042). 20240. Comments may also be Persons with disabilities who require The notice advised that before final submitted electronically to special assistance should indicate this action would be taken on the [email protected]. Please attach when arranging access to the application, consideration would be ‘‘Attn: 1004–0019’’ to either form of teleconference and are encouraged to given to any relevant data, views, or comment. identify anticipated special needs as arguments submitted in writing in early as possible. FOR FURTHER INFORMATION CONTACT: To opposition of the recordation of this receive a copy of the information Signed: January 19, 2010. trade name. The closing day for the collection request, contact Richard James Madon, comment period was January 11, 2010. Mayberry, Rangeland Resources Director National Communications System. At the end of the comment period, Division, at 202–912–7229 (Commercial [FR Doc. 2010–1453 Filed 1–22–10; 8:45 am] January 11, 2010, no comments were or FTS). Persons who use a received. Accordingly, as provided by BILLING CODE 9110–9P–P telecommunication device for the deaf § 133.14 of the CBP Regulations, ‘‘Sony (TDD) may call the Federal Information Ericsson Mobile Communications AB’’ is Relay Service (FIRS) on 1–800–877– DEPARTMENT OF HOMELAND recorded with CBP as the trade name 8339, to contact Mr. Mayberry. used by the manufacturer, Sony SECURITY SUPPLEMENTARY INFORMATION: OMB Ericsson Mobile Communications AB, regulations at 5 CFR 1320, which U.S. Customs and Border Protection and will remain in force as long as this implement provisions of the Paperwork trade name is in use by this [CBP Dec. 10–02] Reduction Act 44 U.S.C. 3501–3521), manufacturer unless the recordant require that interested members of the requests cancellation of the recordation Recordation of Trade Name ‘‘Sony public and affected agencies be given an or any other provision of the law so Ericsson Mobile Communications AB’’ opportunity to comment on information requires. AGENCY: Customs and Border Protection, collection and recordkeeping activities Department of Homeland Security. Dated: January 15, 2010. (see 5 CFR 1320.8 (d) and 1320.12(a)). Charles R. Steuart, ACTION: Notice of final action. This notice identifies an information Chief, Intellectual Property Rights & collection that the BLM will be SUMMARY: This document gives notice Restricted Merchandise Branch. submitting to OMB for approval. The that ‘‘Sony Ericsson Mobile [FR Doc. 2010–1280 Filed 1–22–10; 8:45 am] PRA (44 U.S.C. 3501, et seq.) provides Communications AB’’ has been recorded BILLING CODE P that an agency may not conduct or

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sponsor a collection of information comment, you should be aware that management and care of permitted unless it displays a currently valid OMB your entire comment—including your livestock on grazing allotments. The control number. Until OMB approves a personal identifying information—may BLM implements this statutory collection of information, you are not be made publicly available at any time. authority in accordance with regulations obligated to respond. This collection is While you can ask us in your comment at 43 CFR subpart 4120. The contained in 43 CFR subpart 4120, to withhold your personal identifying information collected under these Grazing Management. The BLM will information from public review, we regulations enables the BLM to make request a 3-year term of approval for this cannot guarantee that we will be able to decisions regarding proposed range information collection activity. do so. improvement projects. Responses are Comments are invited on: (1) The The following information is provided required to obtain a benefit. need for the collection of information for the information collection: Frequency of Collection: On occasion. for the performance of the functions of Title: 43 CFR subpart 4120, Grazing Estimated Number and Description of the agency; (2) the accuracy of the Management. Respondents: Approximately 712 agency’s burden estimates; (3) ways to Forms: applications for cooperative agreement enhance the quality, utility and clarity • Form 4120–6, Cooperative Range or permits for range improvements, of the information collection; and (4) Improvement Agreement; and submitted primarily by holders of ways to minimize the information • Form 4120–7, Range Improvement grazing permits and/or leases. collection burden on respondents, such Permit. Estimated Reporting and as use of automated means of collection OMB Control Number: 1004–0019. Recordkeeping ‘‘Hour’’ Burden: The of the information. A summary of the Summary: Section 4 of the Taylor currently approved annual reporting public comments will accompany the Grazing Act (43 U.S.C. 315c) authorizes burden for this collection is 4,348 hours. submission to OMB. the BLM to enter into cooperative The following chart details the Before including your address, phone agreements, and to issue permits, to individual components and respective number, email address, or other construct fences, wells, reservoirs, and hour burden estimates of this personal identifying information in your other improvements necessary for the information collection request:

Number of Hours per Total annual Type of response responses response burden hours

Form 4120–6, Cooperative Range Improvement Agreement and related nonform information 693 6 4,158 Form 4120–7, Range Improvement Permit and related nonform information ...... 19 10 190

Totals ...... 712 ...... 4,348

Jean Sonneman, Assessments (EA) and Findings of No potential direct and indirect effects of Acting Information Collection Clearance Significant Impact (FONSI) prepared dredging, transport, and placement of Officer, Bureau of Land Management. and/or adopted by the MMS for three those resources. Each EA is used as a [FR Doc. 2010–1376 Filed 1–22–10; 8:45 am] sand and gravel activities proposed on basis for determining whether or not BILLING CODE 4310–84–P the Outer Continental Shelf (OCS) and issuing a particular negotiated described in more detail below. agreement for the use of OCS sand and FOR FURTHER INFORMATION CONTACT: gravel resources constitutes a major DEPARTMENT OF THE INTERIOR James F. Bennett, Chief, Branch of Federal action that significantly affects Environmental Assessment, Minerals the quality of the human environment Minerals Management Service Management Service, 381 Elden Street, and warrants the preparation of an MS4042, Herndon, Virginia 20170; Environmental Documents Prepared in environmental impact statement (EIS). telephone (703) 787–1660; e-mail Support of Sand and Gravel Activities A FONSI is prepared in those instances [email protected]. on the Outer Continental Shelf where the MMS finds that issuing a EA Availability: To obtain a copy of negotiated agreement will not result in AGENCY: Minerals Management Service, an EA and/or FONSI, you may contact significant effects on the quality of the Interior. the MMS or visit the MMS Web site at human environment. http://www.mms.gov/sandandgravel/. ACTION: Notice of Availability of Recent The MMS may serve as a cooperating SUPPLEMENTARY INFORMATION: Public Environmental Assessments and agency during the preparation of a Law 103–426, enacted October 31, 1994, Findings of No Significant Impact NEPA document when another Federal gave the MMS the authority to convey Prepared or Adopted by the MMS. agency is undertaking a connected on a noncompetitive basis, the rights to action. The MMS independently SUMMARY: Pursuant to Section 102(2)(C) OCS sand, gravel, or shell resources for of the National Environmental Policy shore protection, beach or wetlands reviews and may adopt the NEPA Act (NEPA), the Council on restoration projects, or use in document after determining that it Environmental Quality regulations (40 construction projects funded in whole complies with relevant regulations and CFR parts 1500–1508), and the or part or authorized by the Federal is applicable to and consistent with the Department of the Interior regulations government. The MMS prepares and/or MMS’s proposed action. on NEPA (43 CFR part 46), the Minerals adopts EAs that examine the potential This notice constitutes the notice of Management Service (MMS) announces environmental effects of the use of OCS availability to the public of the the availability of Environmental sand and gravel resources, including the following environmental documents:

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Project name Location Project purpose FONSI Lead Federal agency

Raccoon Island Shore Protec- Gulf of Mexico, offshore Marsh creation ...... 5/20/2009 U.S. Department of Agri- tion/Marsh Creation Project Terrebonne Parish, LA. culture, Natural Resources Phase B. Conservation Service. Brevard County (South Atlantic Ocean, offshore Cape Beach nourishment ...... 8/20/2009 U.S. Army Corps of Engi- Reach) Shore Protection Canaveral and Brevard neers, Jacksonville District. Project. County, FL. Charleston Offshore Dredge Atlantic Ocean, offshore Terminal expansion ...... 10/16/2009 MMS. Material Disposal Site Sand Charleston, SC. Borrow Project.

The MMS has concluded that the mountain_field.html. In order to be • Multiple key habitats within the respective proposed actions will not considered as part of the Draft EIS, all sagebrush-steppe are declining and in significantly affect the quality of the comments must be received prior to the need of restoration, maintenance or human environment and the close of the scoping period or 15 days protection. preparation of EISs is not required. after the last public meeting, whichever • Key species in multiple vegetative Mitigation measures identified during is later. The BLM will provide communities are declining as species the NEPA process will be applied for additional opportunities for public diversity declines with ecological each proposal to ensure environmental participation upon publication of the succession. protection and safety. Draft EIS. • Pinyon and juniper species are Dated: November 30, 2009. ADDRESSES: You may submit comments encroaching in native habitats and are expanding into adjacent, non-native Chris C. Oynes, on issues related to the proposed 3-Bars Ecosystem and Landscape Restoration habitats causing a net loss of important Associate Director for Offshore Energy and wildlife habitat and fragmentation. Minerals Management. Project by the following methods: • E-mail: [email protected]. • Greater than 70 percent of key [FR Doc. 2010–1278 Filed 1–22–10; 8:45 am] • Fax: (775) 635–4034, Attention: 3- wildlife habitats such as sage grouse, BILLING CODE 4310–MR–P Bars Project Manager. mule deer and Lahontan cutthroat trout • Mail: BLM, Mount Lewis Field (LCT) habitat are at a high, very high or Office, Attn: 3-Bars Project Manager, 50 extreme risk of catastrophic fire. DEPARTMENT OF THE INTERIOR Bastian Road, Battle Mountain, NV • Excessive fuel loadings are 89820. Bureau of Land Management contributing to catastrophic fire Documents pertinent to this project potential. Hazardous fuel situations are [LLNVB00000.LF31020NW.JQ0000. may be examined at the Mount Lewis caused by continuous closed canopy LF.HF.JF500000; MO:4500008784; 10– Field Office. stands and excessive ladder fuels. 08807; TAS:14X1125] FOR FURTHER INFORMATION CONTACT: For • Greater than 75 percent of riparian/ further information and/or to have your Notice of Intent To Prepare an wetland areas are not considered to be name added to the mailing list, contact Environmental Impact Statement for in Proper Functioning Condition. Donovan Walker, (775) 635–4000, or e- • the Proposed 3-Bars Ecosystem and Less than optimal habitat mail: [email protected]. Landscape Restoration Project, Eureka conditions exist for LCT, a Federally County, NV SUPPLEMENTARY INFORMATION: The BLM listed ‘‘threatened’’ species currently is proposing to conduct the 3-Bars occupying two streams. AGENCY: Bureau of Land Management, Ecosystem and Landscape Restoration • The project area has an active Interior. Project located primarily on public yearly fire occurrence and has had ACTION: Notice of intent. lands and on non-Federal lands where significant catastrophic fires in the partnerships exist in Eureka County, recent past. Rehabilitation efforts have SUMMARY: In compliance with the Nevada. The project area encompasses been less than fully successful as National Environmental Policy Act of approximately 724,000 acres. Individual evidenced by cheatgrass monocultures 1969 (NEPA), as amended, and the areas ranging from several acres to in some wildfire scars. Federal Land Policy and Management several thousand acres will be treated • Range conditions have degraded Act of 1976 (FLPMA), as amended, the with a variety of methods including and native plant communities have Bureau of Land Management (BLM), mechanical, fire, biological, chemical deteriorated as a result of past livestock Battle Mountain District, Mount Lewis and physical, depending on specific management practices such as ‘‘hot- Field Office, Battle Mountain, Nevada, project and resource management goals season’’ grazing or uneven livestock and intends to prepare an Environmental and desired outcomes. The project will wild horse distribution due to the lack Impact Statement (EIS) and by this be conducted in conformance with the of available water. notice is announcing the beginning of Shoshone-Eureka Resource Management • Wild horse populations exceed the scoping process to solicit public Plan (RMP) and Record of Decision appropriate management levels. The comments and identify issues. approved February 26, 1986, and its wild horses have poor body conditions DATES: This notice initiates the public subsequent amendments. as a result of excess numbers of wild scoping process for the EIS. Comments The purpose of the public scoping horses in areas with degraded range on issues may be submitted in writing process is to determine relevant issues conditions, limited water sources and until February 24, 2010. The date(s) and that will influence the scope of the restricted distribution. Permanent and location(s) of any scoping meetings will environmental analysis, including temporary fences throughout two herd be announced at least 15 days in alternatives, and guide the process for management areas hinder the free advance through local new media, developing the EIS. At present, the BLM roaming abilities of wild horses. newspapers and the BLM Web site at: has identified the following preliminary • Permitted activities such as http://www.blm.gov/nv/st/en/fo/battle_ issues: livestock grazing, mining and

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exploration and recreational off- SUMMARY: In accordance with the DEPARTMENT OF THE INTERIOR highway vehicle use contribute to Federal Land Policy and Management habitat decline in the absence of active Act (FLPMA) and the Federal Advisory Bureau of Land Management management, maintenance and Committee Act of 1972 (FACA), the U.S. [LLCAD08000.L14300000.ET0000; CACA restorative activities. Department of the Interior, Bureau of 50194] • The distribution and abundance of Land Management (BLM) Northwest traditional/edible, medicinal plants is Colorado Resource Advisory Council Notice of Partial Cancellation of declining. There is a continued decrease (RAC) will meet as indicated below. Proposed Withdrawal; California in pinion tree vigor and pine nut AGENCY: Bureau of Land Management, production as stand densities increase. DATES: The Northwest Colorado RAC Interior. • The unresolved eligibility status has scheduled its first 2010 meeting for and ongoing degradation of the National February 25, 2010. Meetings for the ACTION: Notice. Historic Pony Express Trail which remainder of 2010 will be scheduled at SUMMARY: The U.S. Department of the bisects the 3-Bars Project Area, needs to this meeting. Navy (Navy) has requested partial be considered and mitigated ADDRESSES: The Northwest Colorado cancellation of its application of August appropriately in the EIS. These and RAC meeting will be held in Silt, 13, 2008, which requested the Secretary other areas of prehistoric and historic of the Interior to process a proposed use have not been fully recorded or Colorado, at the BLM Field Office, 2300 River Frontage Rd. legislative withdrawal and reservation analyzed within the project area. of public lands and public mineral The BLM will use the NEPA The meeting will begin at 8 a.m. and estate for its use. These lands were to be commenting process to satisfy the adjourn at approximately 3 p.m., with withdrawn on behalf of the proposed public involvement requirements for public comment periods regarding expansion of the U. S. Marine Corps’ Air Section 106 of the National Historic matters on the agenda at 10 a.m. and 2 Ground Combat Center at Twentynine Preservation Act (16 U.S.C. 470f) as p.m. Palms. The Navy has requested that the provided for in 36 CFR 800.2(d)(3). Bureau of Land Management (BLM) FOR FURTHER INFORMATION CONTACT: Native American Tribal consultations remove approximately 33,488 acres of will be conducted in accordance with David Boyd, Public Affairs Specialist, public lands from its application. The policy, and Tribal concerns will be Colorado River Valley Field Office, 2300 initial application was for the transfer of given due consideration. Federal, State, River Frontage Road, Silt, CO, (970) jurisdiction and the withdrawal of and local agencies, as well as 876–9008. approximately 365,906 acres of public individuals, organizations or tribes that SUPPLEMENTARY INFORMATION: The land and approximately 507 acres of may be interested or affected by the Northwest Colorado RAC advises the Federal subsurface mineral estate from BLM’s decision on this project are Secretary of the Interior, through the all forms of appropriation under the invited to participate in the scoping Bureau of Land Management, on a public land laws, including surface process and, if eligible, may request or variety of public land issues in entry, mining, mineral leasing, and the be requested by the BLM to participate Materials Act of 1947. This notice Colorado. as a cooperating agency. terminates the temporary two-year Before including your address, phone Topics of discussion during segregation from settlement, sale, number, e-mail address, or other Northwest Colorado RAC meetings may location, or entry under the public land personal identifying information in your include the BLM National Sage Grouse laws, including the mining laws, and comment, you should be aware that Conservation Strategy, working group the operation of the mineral leasing your entire comment—including your reports, recreation, fire management, laws and the Materials Act of 1947 of personal identifying information—may land use planning, invasive species the public lands and mineral estate be made publicly available at any time. management, energy and minerals described below. In addition, the initial While you can ask us in your comment management, travel management, application provisionally identified the to withhold your personal identifying wilderness, wild horse herd surface estate of 507 acres of federally- information from public review, we management, land exchange proposals, owned mineral estate and the surface cannot guarantee that we will be able to cultural resource management, and and mineral estates of approximately do so. other issues as appropriate. 72,186 acres of non-federally owned property in the proposed withdrawal Douglas W. Furtado, These meetings are open to the area. If these acres were ever acquired Field Manager, Mount Lewis Field Office. public. The public may present written by or returned to the United States by [FR Doc. 2010–1335 Filed 1–22–10; 8:45 am] comments to the RACs. Each formal any means, they were also to be BILLING CODE 4310–HC–P RAC meeting will also have time, as included in the proposed withdrawal identified above, allocated for hearing and subject to the temporary segregation public comments. Depending on the authorized by the initial notice. The DEPARTMENT OF THE INTERIOR number of persons wishing to comment Navy has requested that the BLM and time available, the time for Bureau of Land Management remove surface and mineral estates of individual oral comments may be approximately 28,871 acres of the non- [LLCON01000 L07770000 XX0000] limited. federally owned property. DATES: Steve Bennett, Effective Date: January 25, 2010. Notice of Public Meeting, Northwest FOR FURTHER INFORMATION CONTACT: Colorado Resource Advisory Council Acting Designated Federal Officer for the Northwest Colorado RAC. Roxie Trost, Field Manager, BLM Meeting Barstow Field Office, 2601 Barstow [FR Doc. 2010–1298 Filed 1–22–10; 8:45 am] AGENCY: Bureau of Land Management, Road, Barstow, California 92311, (760) BILLING CODE P Interior. 252–6000; or Joseph Ross, Range Expansion Program Manager, USMC ACTION: Notice of public meeting. MAGTFTC, MCAGCC, Bldg. 1554, Box

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788106, Twentynine Palms, California Sec. 6, that portion lying south of the T. 3 N., R. 5 E., 92278–8106, (760) 830–7683. Historic Route 66 Corridor; Sec. 9, W1⁄2NW1⁄4NW1⁄4NW1⁄4, Sec. 7; E1⁄2SE1⁄4SW1⁄4NW1⁄4, SUPPLEMENTARY INFORMATION: A Notice Sec. 8, all except for the land conveyed to E1⁄2NW1⁄4SE1⁄4NW1⁄4, and of Proposed Legislative Withdrawal and U. S. Gypsum Company by patent W1⁄2SW1⁄4SE1⁄4NW1⁄4; Opportunity for Public Meeting was number 1000678; Sec. 12, SE1⁄4NE1⁄4SE1⁄4, published in the Federal Register on Sec. 9; W1⁄2W1⁄2NE1⁄4SE1⁄4, September 15, 2008 (73 FR 53269) in Secs. 10 and 11, all except the lands NW1⁄4NE1⁄4NW1⁄4SE1⁄4, response to the initial application from conveyed to U. S. Gypsum Company by SE1⁄4SE1⁄4NW1⁄4SE1⁄4, the Navy. Based on a review of the lands patent number 1000677, inclusive; W1⁄2W1⁄2NW1⁄4SE1⁄4, E1⁄2E1⁄2SW1⁄4SE1⁄4, proposed for withdrawal, the Navy has Secs. 12 to 15, inclusive; SW1⁄4SW1⁄4SE1⁄4, N1⁄2SE1⁄4SE1⁄4, 1 1 1 1 1 1 1 requested that the following described Sec. 17, all except the lands conveyed to SW ⁄4SE ⁄4SE ⁄4, and E ⁄2SE ⁄4SE ⁄4SE ⁄4. U. S. Gypsum Company by patent lands and interest in lands be removed number 1000678; Southern Expansion Area. from its application: Sec. 18. T. 2 N., R. 9 E., 1. Federally-owned surface and T. 5 N., R. 13 E., Sec. 34, N1⁄2NE1⁄4NE1⁄4NE1⁄4, mineral estate: Secs. 2, 3, 4, 6, 7, 8, 10, 11, 12, 14, 15 and E1⁄2SW1⁄4SW1⁄4NE1⁄4, E1⁄2SE1⁄4SW1⁄4NE1⁄4, S1⁄2N1⁄2SE1⁄4NE1⁄4, San Bernardino Meridian 18. T. 3 N., R. 14 E., N1⁄2S1⁄2SE1⁄4NE1⁄4, S1⁄2SW1⁄4SE1⁄4NE1⁄4, Western Expansion Area. Sec. 23, that portion lying east of the W1⁄2NE1⁄4NE1⁄4SW1⁄4, T. 4 N., R. 2 E., Sheephole Valley Wilderness Area; E1⁄2SE1⁄4NE1⁄4SW1⁄4, S1⁄2S1⁄2, Sec. 2, lots 3 to 90, inclusive. Sec. 24; E1⁄2W1⁄2NW1⁄4SE1⁄4, E1⁄2NW1⁄4SE1⁄4, and T. 6 N., R. 2 E., Secs. 25 and 26, those portions lying east W1⁄2SW1⁄4NE1⁄4SE1⁄4; 1 1 1 1 Sec. 1, SE1⁄4; of the Sheephole Valley Wilderness Sec. 35, N ⁄2NE ⁄4NE ⁄4NE ⁄4, 1 1 1 1 1 Sec. 12, E1⁄2. Area; S ⁄2SW ⁄4NE ⁄4NE ⁄4, and S ⁄2; T. 4 N., R. 3 E., Sec. 36, that portion of NW1⁄4 lying east of Sec. 36. Sec. 11; the Sheephole Valley Wilderness Area. T. 2 N., R. 10 E., Sec. 13, S1⁄2; T. 5 N., R. 14 E., Sec. 36. Sec. 14, SE1⁄4; Secs. 1 to 4, inclusive, secs 6, 7 and 10; Eastern Expansion Area. Sec. 15, N1⁄2. Sec. 11, E1⁄2NE1⁄4NE1⁄4, W1⁄2NE1⁄4, NW1⁄4, T. 6 N., R. 11 E., T. 3 N., R. 4 E., and S1⁄2; Sec. 1. Secs. 12, 14 and 15. Sec. 36, that portion lying south of the T. 4 N., R. 4 E., T. 2 N., R. 15 E., Historic Route 66 corridor. Secs. 34 to 35, inclusive. Secs. 4 and 5; T. 3 N., R. 12 E., T. 3 N., R. 5 E., Secs. 6 to 8, those portions lying Sec. 36, that portion lying west of the boundary of the Sheephole Valley Sec. 9, W1⁄2NE1⁄4, NE1⁄4NW1⁄4, northeasterly of the Sheephole Valley 1 1 1 1 1 1 1 Wilderness Area. E ⁄2NW ⁄4NW ⁄4, E ⁄2W ⁄2NW ⁄4NW ⁄4, Wilderness Area, inclusive. 1 1 1 1 1 1 1 T. 5 N., R. 12 E., W ⁄2SW ⁄4NW ⁄4NW ⁄4, NE ⁄4SW ⁄4NW ⁄4, T. 3 N., R. 15 E., 1 1 1 1 1 1 1 Sec. 1; W ⁄2SW ⁄4NW ⁄4, W ⁄2SE ⁄4SW ⁄4NW ⁄4, Sec. 15, that portion lying west of the 1 1 1 1 1 1 1 Secs. 3, 4, 10, and 11, all the lands E ⁄2SE ⁄4NW ⁄4, W ⁄2NW ⁄4SE ⁄4NW ⁄4, Cadiz Dunes Wilderness Area; 1 1 1 1 conveyed to U.S. Gypsum Company by and E ⁄2SW ⁄4SE ⁄4NW ⁄4; Secs. 18, 19 and 20; 1 1 1 1 patent number 1000677, containing 480 Sec. 10, SW ⁄4NE ⁄4, S ⁄2 NW ⁄4, and Sec. 22, that portion lying west of the 1 1 acres, inclusive; W ⁄2SW ⁄4; Cadiz Dunes Wilderness Area; 1 1 1 Sec. 5, lot 1 of NE1⁄4, W1⁄2 of lot 1 of NW1⁄4, Sec. 12, NE ⁄4NE ⁄4SE ⁄4, Secs. 25 to 28, inclusive, secs. 30, 31 and 1 1 1 1 1 1 1 1 W1⁄2 of lot 2 of NE1⁄4, W1⁄2 of lot 2 of E ⁄2W ⁄2NE ⁄4SE ⁄4, E ⁄2NE ⁄4NW ⁄4SE ⁄4, 32; 1 1 1 1 1 1 1 1 NW1⁄4, and S1⁄2; E ⁄2W ⁄2NW ⁄4SE ⁄4, W ⁄2SE ⁄4NW ⁄4SE ⁄4, Sec. 34, N1⁄2; 1 1 1 1 1 1 1 Secs. 8 and 17, all the lands conveyed to W ⁄2E ⁄2SW ⁄4SE ⁄4, NW ⁄4SW ⁄4SE ⁄4, Sec. 35, N1⁄2 and SE1⁄4. 1 1 1 1 1 1 1 U.S. Gypsum Company by patent SW ⁄4SE ⁄4SE ⁄4, and W ⁄2SE ⁄4SE ⁄4SE ⁄4. T. 5 N., R. 15 E., Secs. 1 to 4, inclusive, and secs. 6 and 7; number 1000678, inclusive. Southern Expansion Area. T. 5 N., R. 13 E., Sec. 9, SE1⁄4SE1⁄4. T. 2 N., R. 9 E., T. 5 N., R. 16 E., Secs. 1, 5, 9, 13, 16 and 17. 1 1 1 Sec. 34, N ⁄2SW ⁄4NE ⁄4, Sec. 29, that portion lying westerly of the T. 4 N., R. 14 E., 1 1 1 1 W ⁄2SE ⁄4SE ⁄4NE ⁄4, Old Woman Mountains Wilderness Area. Sec. 36, that portion lying east of the W1⁄2SW1⁄4SW1⁄4NE1⁄4, N1⁄2N1⁄2SE1⁄4NE1⁄4, Sheephole Valley Wilderness Area. E1⁄2NE1⁄4NE1⁄4SW1⁄4, Northern Expansion Area. T. 5 N., R. 14 E., 1 1 1 1 W ⁄2W ⁄2NW ⁄4SE ⁄4, T. 6 N., R. 7 E., Secs. 5, 8, and 9; 1 1 1 1 1 1 1 1 1 1 1 1 W ⁄2SE ⁄4NE ⁄4SW ⁄4, NE ⁄4NE ⁄4SW ⁄4, Sec. 12. Sec. 11, W ⁄2NE ⁄4NE ⁄4 and SE ⁄4NE ⁄4; SW1⁄4NE1⁄4SW1⁄4, N1⁄2NE1⁄4SE1⁄4, Secs. 13, 16, 17 and 18. 1 1 1 1 1 1 1 T. 7 N., R. 7 E., SE ⁄4NE ⁄4SE ⁄4, E ⁄2SW ⁄4NE ⁄4SE ⁄4. Sec. 24. T. 3 N., R. 15 E., Secs. 17, 21, 29, and 33; The areas described aggregate 33,488 acres, Eastern Expansion Area. Sec. 34, S1⁄2. more or less, in San Bernardino County. T. 5 N., R. 11 E., T. 5 N., R. 15 E., Secs. 1 and 2, secs. 11 to 14, inclusive, and 2. Non-federally-owned surface and Secs. 5 and 8; mineral estate: 1 1 1 1 secs. 23 to 26, inclusive. Sec. 9, N ⁄2, SW ⁄4, N ⁄2SE ⁄4, and (a). Privately-owned surface and mineral 1 1 T. 6 N., R. 11 E., SW ⁄4SE ⁄4; Sec. 35, that portion lying south of the estate: Secs. 17 and 18. Historic Route 66 Corridor. San Bernardino Meridian T. 5 N., R. 16 E., T. 5 N., R. 12 E., Sec. 29, that portion lying southwesterly of Western Expansion Area. Sec. 2, that portion lying south of the the Old Woman Mountains Wilderness Historic Route 66 Corridor; T. 4 N., R. 3 E., Area. Sec. 10, S1⁄2N1⁄2 and S1⁄2; Secs. 3 to 4, those portions lying south of Northern Expansion Area. the Historic Route 66 Corridor except for Sec. 11, SE1⁄4; the lands conveyed to U. S. Gypsum Sec. 12, SW1⁄4; T. 6 N., R. 7 E., Company by patent number 1000677, Sec. 13, N1⁄2. Secs. 1 and 13. inclusive; T. 4 N., R. 4 E., The areas described aggregate 24,837 acres, Sec. 5, lots 3 and 4, lots 15 to 22, inclusive, Sec. 18, S1⁄2; more or less, in San Bernardino County. and lots 31 to 38, inclusive; Sec. 36. (b). State-of-California-owned surface and

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mineral estate: Authority: 43 CFR 2310.1–4(a) and 43 CFR FOR FURTHER INFORMATION CONTACT: 2310.2–1(c). Deputy State Director, Division of San Bernardino Meridian Resource Planning, Use and Protection Western Expansion Area. Thomas Pogacnik, Deputy State Director, Natural Resources (OR930), U.S. Department of the T. 4 N., R. 3 E., (CA–930), Bureau of Land Management. Interior, Bureau of Land Management, Sec. 14, N1⁄2; [FR Doc. 2010–1416 Filed 1–22–10; 8:45 am] Oregon State Office, 333 SW. 1st Sec. 15, S1⁄2. Avenue, Portland, Oregon 97204. BILLING CODE 3810–FF–P Eastern Expansion Area. SUPPLEMENTARY INFORMATION: The T. 3 N., R. 15 E., Bureau of Land Management maintains Sec. 16, that portion lying southwesterly of DEPARTMENT OF THE INTERIOR the TSIS system of records. The purpose the Cadiz Dunes Wilderness Area. of this system is to track timber sale T. 5 N., R. 15 E., Bureau of Land Management contract administration and accounting; Sec. 16. Special Forest Products (SFP) sales and Northern Expansion Area. [LLOR931000.L63100000.HD0000] permits; and the use of procurement T. 7 N., R. 7 E., contracts and agreements for removing Sec. 36. Privacy Act of 1974; as Amended; vegetal products from public lands The areas described aggregate 4,034 acres, Notice To Amend an Existing System through stewardship contracting more or less, in San Bernardino County. of Records authorized under the Omnibus At 10 a.m. on February 24, 2010, the Appropriations Bill of 2003, (Pub. L. AGENCY: Bureau of Land Management, lands described above in ‘‘1. Federally- 108–7, Section 323). Authorization for Interior. owned surface and mineral estate’’ will TSIS and its components fall under the be opened to all forms of appropriation ACTION: Notice of Amendment to an Clinger-Cohen Act of 1996, OMB under the public land laws generally, Existing System of Records. Circular A–130 ‘‘Management of Federal subject to valid existing rights, the Information Resources’’, and the Oregon SUMMARY: Pursuant to the provisions of and California Lands Act of 1937. The provisions of existing withdrawals, the Privacy Act of 1974, as amended, other segregations of record, and the system also provides data for reporting the Department of the Interior (DOI) is accomplishments. The amendments to requirements of applicable law. All issuing a public notice of its intent to valid applications received at or prior to the system will be effective as proposed amend the Bureau of Land Management at the end of the comment period (the 10 a.m. on February 24, 2010, shall be ‘‘Mineral and Vegetal Material Sales’’— considered as simultaneously filed at comment period will end 40 days after Interior, (BLM)–16 notice. The the publication of this notice in the that time. Those received thereafter amendment includes a change in the shall be considered in the order of Federal Register), unless comments are system name from ‘‘Mineral and Vegetal received which would require a filing. Material Sales’’ to ‘‘Timber Sale At 10 a.m. on February 24, 2010, the contrary determination. The DOI will Information System (TSIS).’’ The lands described above in ‘‘1. Federally- publish a revised notice if changes are amendment includes an update to the owned surface and mineral estate’’ of made based upon a review of the record content for Special Forest this order will be opened to location comments received. Products and incorporates the and entry under the United States Stewardship Contracting Information Beverly E. Walker, mining laws—subject to valid existing Database (SCID) as a module of TSIS. Privacy Act Officer, Bureau of Land rights, the provisions of existing The amended system of records is Management. withdrawals, other segregations of captioned ‘‘Interior–BLM–16’’ and is record, and the requirements of System Name titled ‘‘Timber Sale Information System applicable law. Appropriation of land (TSIS).’’ Timber Sale Information System (TSIS)— described in this order under the Interior, BLM–16 general mining laws prior to the date DATES: Comments must be received by and time of restoration is unauthorized. March 8, 2010. SYSTEM LOCATION: Any such attempted appropriation, ADDRESSES: Any person interested in U.S. Department of the Interior, including attempted adverse possession commenting on this amendment may do Bureau of Land Management, Oregon under 30 U.S.C. 38 (2006), shall vest no so by: submitting comments in writing State Office, 333 SW. 1st Avenue, rights against the United States. Acts to Privacy Act Officer, Oregon State Portland, Oregon 97204. required to establish a location and to Office, P.O. Box 2965, Portland, Oregon CATEGORIES OF INDIVIDUALS COVERED BY THE initiate a right of possession are 97208; hand-delivering comments to SYSTEM: governed by state law where not in Oregon State Office, 333 SW. 1st Purchasers of vegetal materials. conflict with Federal law. The BLM will Avenue, Portland, Oregon 97204; or e- Purchasers refer to those individuals not intervene in disputes between rival mailing comments to _ that purchase vegetative materials, and locators over possessory rights since Sherrie [email protected]. Before including enter into timber sales and stewardship Congress has provided for such your address, phone number, e-mail contracts; and include, but are not determinations in local courts. address, or other personal identifying limited to, the following descriptive At 10 a.m. on February 24, 2010, the information in your comment, you terminology: individual buyers or lands described above in ‘‘1. Federally- should be aware that your entire permittees, partnerships, corporations owned surface and mineral estate’’ of comment—including your personal or contractors. this order will be opened to the identifying information—may be made operation of the mineral leasing laws publicly available at any time. While CATEGORIES OF RECORDS IN THE SYSTEM: and the Materials Act of 1947—subject you can ask us in your comment to The record contains customer to valid existing rights, the provisions of withhold your personal identifying information on timber purchasers, existing withdrawals, other segregations information from public review, we contact person(s) for timber purchasers of record, and the requirements of cannot guarantee that we will be able to of special forest products, and applicable law. do so. stewardship agreement recipients

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(individual, partnership, corporate). requirements. Contact information respond to an inquiry by the individual Information is collected in person from (name, address) is printed on each to whom the record pertains. a purchaser physically present at a BLM permit and is useful to identify the (5) To Federal, State, territorial, local, facility or from an authorized BLM uniqueness of a permittee. Tribal, or foreign agencies that have Contracting Officer. The data is entered requested information relevant or into TSIS by an authorized BLM DISCLOSURES OUTSIDE DOI MAY BE MADE necessary to the hiring, firing or WITHOUT THE CONSENT OF THE INDIVIDUAL TO retention of an employee or contractor, employee or contractor. WHOM THE RECORD PERTAINS AS A ROUTINE USE The record may contain the UNDER THE FOLLOWING CIRCUMSTANCES: or the issuance of a security clearance, purchaser’s name, address, phone license, contract, grant or other benefit, (1) (a) To any of the following entities numbers, driver license, vehicle when the disclosure is compatible with or individuals, when the circumstances information, description of the material the purpose for which the records were set forth in paragraph (b) are met: purchased, quantity, sale price, the compiled. (i) The U.S. Department of Justice Bureau’s assigned sale number, and (6) To representatives of the National (DOJ); information on debts owed the Bureau Archives and Records Administration to (ii) A court or an adjudicative or other because of defective payments. The conduct records management administrative body; SCID module contains the contractor/ inspections under the authority of 44 (iii) A party in litigation before a court agreement recipient’s name and U.S.C. 2904 and 2906. or an adjudicative or other telephone number. The system operates (7) To State and local governments administrative body; or under the Privacy Act of 1974 and the and Tribal organizations to provide (iv) Any DOI employee acting in his regulations in 43 CFR 2.48(d). information needed in response to court or her individual capacity if DOI or DOJ order and/or discovery purposes related Note: Certain categories of information has agreed to represent that employee or to litigation, when the disclosure is must be reviewed under the Freedom of pay for private representation of the Information Act (FOIA) and are not included compatible with the purpose for which employee; the records were compiled. in the information available for public (b) When: inspection. (8) To an expert, consultant, or (i) One of the following is a party to contractor (including employees of the the proceeding or has an interest in the AUTHORITY FOR MAINTENANCE OF THE SYSTEM: contractor) of DOI that performs services proceeding: requiring access to these records on 16 U.S.C. 617, 30 U.S.C. 601, 43 (A) DOI or any component of DOI; U.S.C. 1181(a). DOI’s behalf to carry out the purposes (B) Any other Federal agency of the system. ROUTINE USES OF RECORDS MAINTAINED IN THE appearing before the Office of Hearings (9) To appropriate agencies, entities, SYSTEM, INCLUDING CATEGORIES OF USERS AND and Appeals; and persons when: THE PURPOSES OF SUCH USES: (C) Any DOI employee acting in his or (a) It is suspected or confirmed that The primary uses of the records are: her official capacity; the security or confidentiality of (1) Timber sale accounting, (D) Any DOI employee acting in his information in the system of records has management, activity tracking and or her individual capacity if DOI or DOJ been compromised; and tracking of Special Forest Product (SFP) has agreed to represent that employee or (b) The Department has determined sales and permits. The TSIS provides pay for private representation of the that as a result of the suspected or direct support to BLM Mission Goals employee; confirmed compromise there is a risk of 2.4.01 and 2.4.02 related to managing (E) The United States, when DOJ harm to economic or property interest, the use of forest and woodland products determines that DOI is likely to be identity theft or fraud, or harm to the in the Public Domain (PD) and in the affected by the proceeding; and security or integrity of this system or Oregon and California Lands (O&C). The (ii) DOI deems the disclosure to be: other systems or programs (whether volumes calculated in 2.4.01 and 2.4.02 (A) Relevant and necessary to the maintained by the Department or are used to determine the percentages in proceeding; and another agency or entity) that rely upon 2.4.03 and 2.4.04. The TSIS is the sole (B) Compatible with the purpose for the compromised information; and automated process to track timber sale which the records were compiled. (c) The disclosure is made to such and special forest product activity and (2) To a congressional office in agencies, entities and persons who are accomplishments, and it is the sole response to a written inquiry that an reasonably necessary to assist in source for validation of timber sale and individual covered by the system, or the connection with the Department’s special forest product revenues in the heir of such individual if the covered efforts to respond to the suspected or BLM’s financial system. The SCID individual is deceased, has made to the confirmed compromise and prevent, module is the sole automated process to office. minimize, or remedy such harm. track stewardship contracts and (3) To any criminal, civil, or (10) To the Office of Management and agreements, and is the sole source for regulatory law enforcement authority Budget during the coordination and validation of revenues received via (whether Federal, State, territorial, local, clearance process in connection with stewardship contracting from timber Tribal or foreign) when a record, either legislative affairs as mandated by OMB sales, procurement contracts and alone or in conjunction with other Circular A–19. agreements. In addition, SCID records information, indicates a violation or (11) To the Department of the earned credits for work performed on potential violation of law—criminal, Treasury to recover debts owed to the public lands in exchange for the vegetal civil, or regulatory in nature—and the United States. contracts. The work credit is reported to disclosure is compatible with the (12) To the news media when the the contractor and the Internal Revenue purpose for which the records were disclosure is compatible with the Service on a 1099 form by the BLM. compiled. purpose for which the records were (2) Vehicle and identification (4) To an official of another Federal compiled. information, if provided by the SFP agency to provide information needed (13) To a consumer reporting agency permittee, is provided to BLM law in the performance of official duties if the disclosure requirements of the enforcement officials to support related to reconciling or reconstructing Debt Collection Act, as outlined at 31 enforcement of permit stipulations and data files or to enable that agency to U.S.C. 3711(e)(1), have been met.

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POLICIES AND PRACTICES FOR STORING, module each night. The data is NOTIFICATION PROCEDURES: RETRIEVING, ACCESSING, RETAINING AND unloaded from the TSIS (Informix) An individual requesting notification DISPOSING OF RECORDS IN THE SYSTEM: database to a local directory where the of the existence of records on himself or STORAGE: system developer and system herself should send a signed, written Paper records are stored in file administrators have access. This data is inquiry to the Systems Manager folders, in locked file cabinets until data then loaded into a new database identified above. The request envelope input is verified. Any paper records that (MySQL) on another server where the and letter should both be clearly marked are not input into the system are TSIS–Web data also resides. The ‘‘PRIVACY ACT INQUIRY.’’ A request maintained in secured files. Electronic integration of data sources excludes the for notification must meet the records are stored on disk, system hard identification provided by the permittee requirements of 43 CFR 2.60. drive, tape or other appropriate media. (for the 5450–24 permit), but does include permittee name, address, phone RECORDS ACCESS PROCEDURES: RETRIEVABILITY: (if provided), and vehicle information An individual requesting records on Indexed by system-generated (where provided). The TSIS data himself or herself should send a signed, identifiers, an assigned number is used warehouse database is only available to written inquiry to the Systems Manager to retrieve SFP permit number, the system developer, and information identified above. The request should purchaser, contractor and dates. An from this database is available to BLM describe the records sought as existing purchaser may be located by users only via read-only reports. Most specifically as possible. The request entering a portion (or all) of the reports that are available from the envelope and letter should both be individual’s contact information (name, warehouse data do not contain clearly marked ‘‘PRIVACY ACT address, this may include a phone Personally Identifiable Information (PII). REQUEST FOR ACCESS.’’ A request for number if it was provided) and Of the few reports (6 total) that do access must meet the requirements of 43 reviewing the list of individuals contain PII, only four contain more than CFR 2.63. matching the search criteria. The search first/last name. Only users with access CONTESTING RECORDS PROCEDURES: functionality for timber sales allows to the BLM intranet, authenticated BLM An individual requesting corrections users to browse lists of timber sales, domain users, who are also members of purchasers, and sureties. or the removal of material from his or the TSIS group in Active Directory, are her records should send a signed, SAFEGUARDS: able to retrieve these reports. These written request to the System Manager Access to records is limited to electronic records are maintained in identified above. A request for authorized personnel. Electronic records compliance with Office of Management corrections or removal must meet the are maintained with safeguards meeting and Budget and Departmental requirements of 43 CFR 2.71. security requirements of 43 CFR 2.51. guidelines. A security plan was developed to (3) Administrative Security—All BLM RECORD SOURCE CATEGORIES: prevent unauthorized access to the employees with access to the system are Information is provided by the system and secure transmission of the required to complete Privacy Act, purchaser, contractor, or agreement data. A Privacy Impact Assessment was Records Management Act, and IT recipient. completed and signed in January 2008. Security Awareness training prior to EXEMPTIONS CLAIMED FOR THE SYSTEM: (1) Physical Security—Information is being given access to the system, and on None. collected in person from a purchaser(s) an annual basis thereafter. The Rules of physically present at a BLM facility or Behavior are in accordance with the [FR Doc. 2010–1364 Filed 1–22–10; 8:45 am] from an authorized BLM Contracting BLM policy that requires the signature BILLING CODE 4310–13–P Officer. The data is entered into SFP– of all BLM Network users. Applicable Web by an authorized BLM employee or Privacy Act warning statements are contractor. These forms are only placed on all information printouts of DEPARTMENT OF THE INTERIOR available on the BLM intranet and are data from the system. Bureau of Land Management not available to the public on any Web site. Any paper records that are not RETENTION AND DISPOSAL: [LLMT922200–10–L13100000–FI0000–P; input into the system are maintained in NDM 94701] Records are retained and disposed of locked file cabinets. (2) Technical Security—TSIS users are in accordance with National Archives Notice of Proposed Reinstatement of granted access to the TSIS application and Records Administration (NARA) Terminated Oil and Gas Lease NDM via the district TSIS data steward. The procedures and General Records 94701 Schedule (GRS) BLM 4/6d(4) and (6). request for access must be signed by the AGENCY: Bureau of Land Management, TSIS data steward (ORSO) and IT Records are to be destroyed or deleted when data has been transferred to an Interior. Security Manager (ORSO) and ACTION: Notice. passwords are required. The SFP Users electronic medium and verified. However, due to the current freeze on are granted access to the TSIS–Web SUMMARY: Per 30 U.S.C. 188(d), Aavark the destruction/deletion of all records application by the district TSIS data Services, Inc., timely filed a petition for and the GRS/BLM records, all records steward. SCID Users are granted access reinstatement of competitive oil and gas are permanent until the freeze is lifted. to the SCID module Web application by lease NDM 94701, McKenzie County, the State office or district SCID data North Dakota. The lessee paid the SYSTEM MANAGER AND ADDRESS: steward. The request for access must be required rental accruing from the date of signed by the TSIS data steward (ORSO) Deputy State Director, Division of termination. or SCID data steward, and IT Security Resource Planning, Use and Protection No leases were issued that affect these Manager (ORSO). Data from the current (OR930), U.S. Department of the lands. The lessee agrees to new lease TSIS (Unix-based) version are integrated Interior, Bureau of Land Management, terms for rentals and royalties of $10 per into a data warehouse with the new Oregon State Office, P.O. Box 2965, acre and 162⁄3 percent. The lessee paid TSIS–Web version and the SCID Web Portland, Oregon 97208. the $500 administration fee for the

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reinstatement of the lease and $163 cost FOR FURTHER INFORMATION CONTACT: Mr. Project would be located completely on for publishing this Notice. Poojan Tripathi, Minerals Management the OCS in Federal waters, aside from The lessee met the requirements for Service, Cape Wind Project Manager, at transmission cables running through reinstatement of the lease per Sec. 31(d) (703) 787–1738. Massachusetts territorial waters ashore. and (e) of the Mineral Leasing Act of SUPPLEMENTARY INFORMATION: For reference, the northernmost turbines 1920 (30 U.S.C. 188). We are proposing would be approximately 5.2 miles (8.4 to reinstate the lease, effective the date Cape Wind Energy Project Description km) from Point Gammon on the of termination, subject to— In November 2001, Cape Wind mainland; the southernmost turbines • The original terms and conditions Associates, LLC applied for a permit would be approximately 11 miles (17.7 of the lease; from the U.S. Army Corps of Engineers km) from Nantucket Island (Great • The increased rental of $10 per (USACE) under the Rivers and Harbors Point), and the westernmost turbines acre; Act of 1899 to construct an offshore would be approximately 5.5 miles (8.9 • The increased royalty of 162⁄3 wind power facility on Horseshoe Shoal km) from the island of Martha’s percent; and in Nantucket Sound, Massachusetts. Vineyard (Cape Poge). • The $163 cost of publishing this Following the adoption of the Energy ADDRESSES: The Revised Finding Notice. Policy Act of 2005 (EPAct) and its document can be accessed online at: FOR FURTHER INFORMATION CONTACT: Teri associated amendments to the Outer http://www.mms.gov/offshore/ Bakken, Chief, Fluids Adjudication Continental Shelf Lands Act (OCSLA), RenewableEnergy/CapeWind.htm. Section, Bureau of Land Management the Department of the Interior was given Comments on the Revised Finding Montana State Office, 5001 Southgate statutory authority to issue leases, should be mailed or hand carried to the Drive, Billings, Montana 59101–4669, easements, or rights-of-way for Minerals Management Service, 406–896–5091. renewable energy projects on the Outer Attention: James F. Bennett, 381 Elden Continental Shelf (OCS). Accordingly, Street, Mail Stop 4042, Herndon, Teri Bakken, Cape Wind Associates, LLC, submitted Virginia 20170–4817. Envelopes or Chief, Fluids Adjudication Section. an application to MMS in 2005 to packages should be marked ‘‘Cape Wind [FR Doc. 2010–1360 Filed 1–22–10; 8:45 am] construct, operate, and eventually Energy Project Revised Findings BILLING CODE 4310–$$–P decommission an offshore wind power Document.’’ The MMS will also accept facility on Horseshoe Shoal in comments submitted electronically Nantucket Sound, Massachusetts. The through the web page at Federal DEPARTMENT OF THE INTERIOR project calls for 130, 3.6± megawatt eRulemaking Portal: http:// (MW) wind turbine generators, each Minerals Management Service (MMS) www.regulations.gov. In the entry titled with a maximum blade height of 440 ‘‘Enter Keyword or ID,’’ enter docket ID feet, to be arranged in a grid pattern in [Docket ID MMS–2010–OMM–0002] MMS–2010–OMM–0002, then click 25 square miles of Nantucket Sound, search. Under the tab ‘‘View By Docket Notice of Availability of the Revised offshore of Cape Cod, Martha’s Folder’’ you can submit public Minerals Management Service Vineyard, and Nantucket Island. With a comments for this Notice. The MMS Documentation of Section 106 Finding maximum electric output of 468 will post all comments. of Adverse Effect (Revised Finding) for megawatts and an average anticipated Public Comment Procedures: Before the Proposed Cape Wind Energy output of 182 megawatts, the facility is including your address, phone number, Project Located on the Outer projected to generate up to three e-mail address, or other personal Continental Shelf (OCS) in Nantucket quarters of the Cape and Islands’ identifying information in your Sound, and the Opportunity for Public electricity needs. Each of the 130 wind comment, you should be aware that Comment turbine generators would generate your entire comment—including your electricity independently. Solid personal identifying information—may AGENCY: Minerals Management Service, dielectric submarine inner-array cables be made publicly available at any time. Interior. (33 kilovolt) from each wind turbine While you can ask us in your comment ACTION: Notice of Availability. generator would interconnect within the to withhold your personal identifying array and terminate on an electrical information from public review, we SUMMARY: The MMS has prepared a service platform, which would serve as cannot guarantee that we will be able to revised version of its Section 106 the common interconnection point for do so. Finding of Adverse Effect document all of the wind turbines. The proposed The MMS is making the Revised related to the proposed Cape Wind submarine transmission cable system Energy Project pursuant to Finding available for public review and (115 kilovolt) from the electric service comment. The written comments on the implementing regulations for Section platform to the landfall location in 106 of the National Historic Revised Finding will be reviewed and Yarmouth is approximately 12.5 miles considered as part of the ongoing NHPA Preservation Act (36 CFR Part 800). The in length (7.6 miles of which falls original Finding of Adverse Effect for Section 106 consultation process, and in within Massachusetts’ territorial particular, MMS’ effort to resolve these this project was dated January 29, 2009. waters). The Finding of Adverse Effect is being adverse effects pursuant to 36 CFR Nantucket Sound is a roughly subpart 800.6. The comment period for revised in response to new information triangular body of water generally that five additional properties within the Revised Finding document closes bound by Cape Cod, Martha’s Vineyard, February 12, 2010. the Area of Adverse Effect for the and Nantucket Island. Open bodies of project have now been found to be water include Vineyard Sound to the January 19, 2010. eligible for inclusion in the National West and the Atlantic Ocean to the East Chris C. Oynes, Register of Historic Places. and the South. Nantucket Sound Associate Director for Offshore Energy and DATES: The comment period for the encompasses between 500–600 square Minerals Management. Revised Finding document closes miles of ocean, most of which lies in [FR Doc. 2010–1279 Filed 1–22–10; 8:45 am] February 12, 2010. Federal waters. The Cape Wind Energy BILLING CODE 4310–MR–P

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DEPARTMENT OF LABOR Agency: Occupational Safety and examinations and training, and establish Health Administration. and maintain employee exposure- Office of the Secretary Type of Review: Extension without monitoring and medical records. For change of a previously approved additional information, see the related Submission for OMB Review: collection. 60-day preclearance notice published in Comment Request Title of Collection: 4,4′- the Federal Register at Vol. 74 FR 55860 January 19, 2010. Methylenedianiline Construction 29 on October 29, 2009. PRA The Department of Labor (DOL) CFR 1926.60. documentation prepared in association hereby announces the submission of the OMB Control Number: 1218–0183. with the preclearance notice is available following public information collection Affected Public: Business or other for- on http://www.regulations.gov under requests (ICR) to the Office of profits (Construction Firms). docket number OSHA–2009–0040. Management and Budget (OMB) for Estimated Number of Respondents: Agency: Occupational Safety and review and approval in accordance with 33. Health Administration. the Paperwork Reduction Act of 1995 Estimated Total Annual Burden Type of Review: Extension without (Pub. L. 104–13, 44 U.S.C. chapter 35). Hours: 1,030. change of a previously approved A copy of each ICR, with applicable Estimated Total Annual Costs Burden collection. (excludes hourly wage costs): $62,850. Title of Collection: Electrical supporting documentation; including, ′ among other things, a description of the Description: The purpose of the 4,4 - Protective Equipment (29 CFR likely respondents, proposed frequency Methylenedianiline (MDA) Standard for 1910.137), and Electric Power of response, and estimated total burden the construction industry (29 CFR Generation, Transmission, and may be obtained from the RegInfo.gov 1926.60) and its information collection Distribution (29 CFR 1910.269). OMB Control Number: 1218–0190. Web site at http://www.reginfo.gov/ requirements is to provide protection for Affected Public: Business or other for- public/do/PRAMain or by contacting employees from adverse health effects profits. Darrin King on 202–693–4129 (this is associated with occupational exposure to MDA. Employers must monitor Estimated Number of Respondents: not a toll-free number)/e-mail: 20,765. [email protected]. exposure, keep employee exposures within the permissible exposure limits, Estimated Total Annual Burden Interested parties are encouraged to Hours: 34,208. send comments to the Office of provide employees with medical examinations and training, and establish Estimated Total Annual Costs Burden Information and Regulatory Affairs, (excludes hourly wage costs): $0. Attn: OMB Desk Officer for the and maintain employee exposure- monitoring and medical records. For Description: The information Department of Labor—Occupational collection requirements contained in the Safety and Health Administration additional information, see the related 60-day preclearance notice published in Electrical Protective Equipment (29 CFR (OSHA), Office of Management and 1910.137) and Electric Power Budget, Room 10235, Washington, DC the Federal Register at Vol. 74 FR 55861 on October 29, 2009. PRA Generation, Transmission, and 20503, Telephone: 202–395–7316/Fax: Distribution (29 CFR 1910.269) 202–395–5806 (these are not toll-free documentation prepared in association with the preclearance notice is available Standards are needed to help provide numbers), E-mail: protection to workers who use electrical _ on http:// OIRA [email protected] within protective equipment and who are 30 days from the date of this publication www.regulations.gov under docket number OSHA–2009–0036. involved in industries engaged in in the Federal Register. In order to electric power generation, transmission, ensure the appropriate consideration, Agency: Occupational Safety and and distribution work. For additional comments should reference the OMB Health Administration. information, see the related 60-day Control Number (see below). Type of Review: Extension without preclearance notice published in the The OMB is particularly interested in change of a previously approved Federal Register at Vol. 74 FR 55261 on comments which: collection. October 27, 2009. PRA documentation • ′ Evaluate whether the proposed Title of Collection: 4,4 - prepared in association with the collection of information is necessary Methylenedianiline General Industry 29 preclearance notice is available on for the proper performance of the CFR 1910.1050. http://www.regulations.gov under functions of the agency, including OMB Control Number: 1218–0184. docket number OSHA–2009–0037. Affected Public: Business or other for- whether the information will have Agency: Occupational Safety and practical utility; profits (General Industry). • Health Administration. Evaluate the accuracy of the Estimated Number of Respondents: Type of Review: Extension without agency’s estimate of the burden of the 15. change of a previously approved proposed collection of information, Estimated Total Annual Burden collection. including the validity of the Hours: 298. Title of Collection: Standard on methodology and assumptions used; Estimated Total Annual Costs Burden Walking-Working Surfaces (29 CFR part • Enhance the quality, utility, and (excludes hourly wage costs): $21,428. ′ 1910, subpart D). clarity of the information to be Description: The purpose of the 4,4 - OMB Control Number: 1218–0199. collected; and Methylenedianiline (MDA) Standard for Affected Public: Business or other for- • Minimize the burden of the general industry (29 CFR 1910.1050) profits. collection of information on those who and its information collection Estimated Number of Respondents: are to respond, including through the requirements is to provide protection for 41,540. use of appropriate automated, employees from adverse health effects Estimated Total Annual Burden electronic, mechanical, or other associated with occupational exposure Hours: 6,125. technological collection techniques or to MDA. Employers must monitor Estimated Total Annual Costs Burden other forms of information technology, exposure, keep employee exposures (excludes hourly wage costs): $0. e.g., permitting electronic submission of within the permissible exposure limits, Description: The information responses. provide employees with medical collection requirements in the Walking-

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Working Surfaces standard (29 CFR part 4. Directives Affected. Secretary’s (7) Employee Polygraph Protection 1910, subpart D) is designed to protect Orders 01–2002 and 02–96 are hereby Act of 1988, 29 U.S.C. 2005(a); 29 CFR workers by making them aware of load canceled. Part 801, Subpart E; limits of the floors of buildings, 5. Delegation of Authority and (8) Energy Reorganization Act of 1974, defective portable metal ladders, and Assignment of Responsibilities. The as amended, 42 U.S.C. 5851; 29 CFR the specifications of outrigger scaffolds Board is hereby delegated authority and Part 24; used. For additional information, see assigned responsibility to act for the (9) Equal Access to Justice Act, 5 the related 60-day preclearance notice Secretary of Labor in review or on U.S.C. 504; 29 CFR Part 16; published in the Federal Register at appeal of the matters listed below, (10) Executive Order No. 11246, as Vol. 74 FR 55858 on October 29, 2009. including, but not limited to, the amended, 3 CFR 339 (1964–1965 PRA documentation prepared in issuance of final agency decisions. The Comp.); reprinted in 42 U.S.C. 2000e association with the preclearance notice Board shall report to the Secretary of app.; 41 CFR Parts 60–1 and 60–30; is available on http:// Labor through the Deputy Secretary of (11) Fair Labor Standards Act of 1938, www.regulations.gov under docket Labor. as amended, 29 U.S.C. 203(m); 29 CFR number OSHA–2009–0033. a. Final decisions of the Part 531, sections 531.4, 531.5; Administrator of the Wage and Hour (12) Fair Labor Standards Act of 1938, Darrin A. King, Division or an authorized representative as amended, 29 U.S.C. 211(d); 29 CFR Departmental Clearance Officer. of the Administrator, and final decisions Part 530, Subpart E; (13) Fair Labor Standards Act of 1938, [FR Doc. 2010–1268 Filed 1–22–10; 8:45 am] of Administrative Law Judges (‘‘ALJs’’), as amended, 29 U.S.C. 214(c) 29 CFR BILLING CODE 4510–26–P under the following: Part 525, sections 525.22; (1) The Davis-Bacon Act, as amended (14) Fair Labor Standards Act of 1938, (40 U.S.C. 276a et seq.); any laws now DEPARTMENT OF LABOR as amended, 29 U.S.C. 216(e); 29 CFR existing or which may be subsequently Part 580; Office of the Secretary enacted, providing for prevailing wages (15) Federal Railroad Safety Act, 49 determined by the Secretary of Labor in U.S.C. 20109; Delegation of Authority and accordance with or pursuant to the (16) Federal Unemployment Tax Act, Assignment of Responsibility to the Davis-Bacon Act; the Contract Work 26 U.S.C. 3303(b)(3), 3304(c); Administrative Review Board Hours and Safety Standards Act (40 (17) Federal Unemployment Tax Act U.S.C. 327 et seq.) (except matters (addressing agreements under the Trade January 15, 2010. pertaining to safety); the Copeland Act Act of 1974, as amended), 26 U.S.C. Secretary’s Order 1–2010 (40 U.S.C. 276c); Reorganization Plan 3302(c)(3); 20 CFR Part 617; No. 14 of 1950; and 29 CFR Parts 1, 3, (18) Federal Water Pollution Control 1. Purpose. To delegate authority and 5, 6, Subpart C and D. Act, 33 U.S.C. 1367; 29 CFR Part 24; assign responsibility to the b. Final decisions of the (19) Immigration and Nationality Act, Administrative Review Board, define its Administrator of the Wage and Hour as amended, 8 U.S.C. 1188(g)(2); 29 CFR composition, and describe its functions. Division or an authorized representative Part 501, Subpart C; 2. Authorities. This Order is issued of the Administrator, and from (20) Immigration and Nationality Act, under the authority of 5 U.S.C. 301 decisions of ALJ, arising under the as amended, 8 U.S.C. 1182(n); 20 CFR (Departmental Regulations); 29 U.S.C. McNamara-O’Hara Service Contract Act, Part 655, Subpart I; 551 et seq. (Establishment of as amended (41 U.S.C. 351); the (21) Immigration and Nationality Act Department; Secretary; Seal); Contract Work Hours and Safety as amended, 8 U.S.C. 1182(m) (1989); 20 Reorganization Plan No. 6 1950 (5 Standards Act (40 U.S.C. 327 et seq.) CFR Part 655, Subpart E; U.S.C. App. 1 Reorg. Plan 6 1950); and (except matters pertaining to safety) (22) Immigration and Nationality Act the authorities cited in Section 5 of this where the contract is also subject to the as amended, 8 U.S.C. 1182(m); 20 CFR Order. McNamara-O’Hara Service Contract Act; Part 655, Subpart M; (23) Immigration and Nationality Act 3. Background. The Secretary of Labor and 29 CFR Parts 4, 5, 6, Subparts B, D, as amended, 8 U.S.C. 1184(c)(14), 20 (‘‘Secretary’’) has the authority and E. c. Decisions and recommended CFR Part 655, Subpart A; responsibility to decide certain appeals (24) Immigration and Nationality Act, decisions by ALJs as provided for or from administrative decisions. The as amended, 8 U.S.C. 1288(c) and (d); 20 pursuant to the following laws and Secretary created the Administrative CFR Part 655, Subpart G; implementing regulations: Review Board (‘‘Board’’ or ‘‘ARB’’) in (25) Longshore and Harbor Workers’ Secretary’s Order 02–96, which (1) Age Discrimination Act of 1975, 42 Compensation Act, 33 U.S.C. 907(j)(2); delegated authority and assigned U.S.C. 6103; 20 CFR Part 702; responsibilities to the Board. Secretary’s (2) Title VI of the Civil Rights Act of (26) Migrant and Seasonal Order 01–2002 delegated this authority 1964, 42 U.S.C. 2000d–l; 29 CFR Part Agricultural Worker Protection Act, 29 and assigned responsibility to the ARB, 31; U.S.C. 1813, 1853; 29 CFR Part 500, defined and expanded its composition, (3) Clean Air Act, 42 U.S.C. 7622; 29 Subpart F; clarified ARB procedural authorities, CFR Part 24; (27) National Apprenticeship Act, 29 and codified the location of the ARB in (4) Comprehensive Environmental U.S.C. 50; 29 CFR Parts 29 and 30; the Department’s organizational Response, Compensation and Liability (28) National Transit Systems structure. This Order creates and Act of 1980, 42 U.S.C. 9610; 29 CFR Part Security Act of 2007, 6 U.S.C. 1142; designates a Vice-Chair to maintain and 24; (29) Older Americans Senior operate the Board during a Chair’s (5) Consumer Product Safety Community Service Employment absence or vacancy. Additionally, this Improvement Act of 2008, 15 U.S.C. Program, 42 U.S.C. 3056, 20 CFR Order delegates the responsibility for 2087; 641.415(c)(5); the operational management of the (6) Title IX of the Education (30) Program Fraud Civil Remedies Board and its affairs to the newly Amendments of 1972, 20 U.S.C. 1682; Act of 1986, 31 U.S.C. 3803; 29 CFR Part created Vice-Chair. 29 CFR Part 36; 22;

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(31) Reports of alleged unlawful Order, until and unless the Board or decision in any matter, including the discharge or discrimination under other authority explicitly reverses such issuance of any procedural rules, shall Section 428 of the Black Lung Benefits rules of decision or precedent. The be by a majority vote, except as Act, 30 U.S.C. 938; Board’s authority includes the provided in Section 6(c). (32) Section 503 of the Rehabilitation discretionary authority to review 9. Location of Board Proceedings. The Act of 1973, as amended, 29 U.S.C. 793; interlocutory rulings in exceptional Board shall hold its proceedings in 41 CFR Part 60–741, Subpart B; circumstances, provided such review is Washington, DC, unless for good cause (33) Section 504 of the Rehabilitation not prohibited by statute. the Board orders that proceedings in a Act of 1973, as amended, 29 U.S.C. 794; 6. Composition and Panel particular matter be held in another 29 CFR Part 32; Configuration. location. (34) Safe Drinking Water Act, 42 a. The Board shall consist of a 10. Rules of Practice and Procedure. U.S.C. 300j–9(i); 29 CFR Part 24; maximum of five Members, one of The Board shall prescribe such rules of (35) Single Audit Act of 1984, 31 whom the Secretary shall designate as practice and procedure, as it deems U.S.C. 7505; OMB Circular Nos. A–128 Chair, and a second of whom the necessary or appropriate, for the and A–110; 29 CFR Part 96; Secretary shall designate as Vice-Chair. conduct of its proceedings. The rules (1) (36) Social Security Act, 42 U.S.C. The Members of the Board shall be which are prescribed as of the date of 503; 20 CFR Part 601; appointed by the Secretary of Labor, and this Order in 29 CFR Part 7 and Part 8 (37) Solid Waste Disposal Act, 42 shall be selected upon the basis of their with respect to Sections 5(a) and 5(b), U.S.C. 6971; 29 CFR Part 24; qualifications and competence in respectively, of this Order and (2) which (38) Surface Transportation matters within the authority of the apply as of the date of this Order to Assistance Act, 49 U.S.C. 31105; 29 CFR Board. appeals and review described in Section Part 1978; b. Except as provided in Section 6(c), 5(c) of this Order shall, until changed, (39) Toxic Substances Control Act, 15 the Board shall sit, hear cases, render govern the respective proceedings of the U.S.C. 2622; 29 CFR Part 24; decisions, and perform all other related Board when it is deciding appeals (40) Vietnam Era Veterans functions in panels of two or three described in Section 5 of this Order. Readjustment Assistance Act, as Members, as may be assigned by the 11. Departmental Counsel. The amended, 38 U.S.C. 4211, 4212; 41 CFR Chair, unless the Chair specifically Solicitor of Labor shall have the Part 60–250, Subpart B; directs that an appeal or review will be responsibility for representing the (41) Wagner-Peyser Act, as amended, decided by the full Board. Secretary, the Deputy Secretary, and 29 U.S.C. 49; 20 CFR Part 658; c. Except as otherwise provided by other officials of the Department and the (42) Walsh-Healey Public Contracts law or duly promulgated regulation (see, Board in any administrative or judicial Act, as amended, 41 U.S.C. 38; 41 CFR e.g., 29 CFR Parts 7 and 8), if the proceedings involving agency decisions Part 50–203; petitioner(s) and the respondent(s) (or issued pursuant to this Order, including (43) Welfare to Work Act, 20 CFR the appellant(s) and the appellees(s)) representing officials of the Department 645.800(c); consent to disposition by a single before the Board. In addition, the (44) Wendell H. Ford Aviation Member, the Chair may determine that Solicitor of Labor shall have the Investment and Reform Act of the 21st the decision shall be by a single responsibility for providing legal advice Century, 49 U.S.C. 42121; 29 CFR Part Member. Upon an affirmative to the Secretary, the Deputy Secretary, 1979; determination, the Chair of the Board and other officials of the Department (45) Workforce Investment Act, 29 shall, in his or her discretion, designate with respect to decisions covered by U.S.C. 2936(b), 20 CFR 667.830; 29 CFR himself, herself, or any other Member of this Order, as well as the Part 37 (see 37.110–112); the Board to decide such an appeal implementation and administration of (46) Workforce Investment Act of under Section 8. this Order. The Solicitor of Labor may 1998, 29 U.S.C. 2936; 20 CFR Part 627; d. The Vice-Chair shall preside at also provide legal advice and assistance 20 CFR Part 636; 29 CFR Part 37; meetings in the absence of the Chair. In to the Chair and/or Vice-Chair of the (47) Sarbanes-Oxley Act of 2002, 18 the event of the vacancy of the Chair’s Board, as appropriate. U.S.C. 1514A; and position, the Vice-Chair shall assume all 12. Effective Date. This delegation of (48) Any laws or regulations of the Chair’s authority and shall act as authority and assignment of subsequently enacted or promulgated Chair. responsibility is effective immediately. that provide for final decisions by the e. The Vice-Chair shall be responsible Dated: January 15, 2010. Secretary of Labor upon appeal or for the operational management of the Hilda L. Solis, review of decisions, or recommended Board and its affairs. decisions, issued by ALJs. 7. Terms of the Members. Secretary of Labor. The Board shall not have jurisdiction a. Members of the Board shall be [FR Doc. 2010–1259 Filed 1–22–10; 8:45 am] to pass on the validity of any portion of appointed for a term of two years or BILLING CODE 4510–23–P the Code of Federal Regulations that has less. been duly promulgated by the b. Appointment of a Member of the Department of Labor and shall observe Board to a term not to exceed a specified DEPARTMENT OF LABOR the provisions thereof, where pertinent, time period shall not affect the authority Employment and Training in its decisions. The Board also shall not of the Secretary to remove, in his or her Administration have jurisdiction to review decisions to sole discretion, any Member at any time. deny or grant exemptions, variations, c. Vacancies in the membership of the Proposed Information Collection and tolerances and does not have the Board shall not impair the authority of Request for Administrative authority independently to take such the remaining Member(s) to exercise all Procedures—20 CFR 601 Including actions. In issuing its decisions, the the powers and duties of the Board. Form MA 8–7; Comment Request on Board shall adhere to the rules of 8. Voting. A petition for review may Extension Without Change decision and precedent applicable be granted upon the affirmative vote of under each of the laws enumerated in one Member, except where otherwise AGENCY: Employment and Training Sections 5(a), 5(b), and 5(c) of this provided by law or regulation. A Administration, Labor.

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ACTION: Notice. security laws if their unemployment Title: Transmittal for Unemployment compensation laws and their plans of Insurance Materials. SUMMARY: The Department of Labor, as operation for public employment offices OMB Number: 1205–0222. part of its continuing effort to reduce meet required conditions of Federal Agency Number: MA 8–7. paperwork and respondent burden, laws. The information transmitted by Affected Public: State and Local conducts a preclearance consultation Form MA 8–7 is used by the Secretary Governments. program to provide the general public to make findings (as specified in the Total Respondents: 53. and Federal agencies with an above cited Federal laws) required for Frequency: As needed. opportunity to comment on proposed certification to the Secretary of the Total Responses: 636. and/or continuing collection of Treasury for payment to states or for Average Time per Response: 1 information in accordance with the certification of the state law for Minute. Paperwork Reduction Act of 1995 purposes of additional tax credit. If this Estimated Total Burden Hours: 10 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This information is not available, the Hours. program helps to ensure that requested Secretary cannot make such Total Burden Cost (capital/startup): data can be provided in the desired certifications. To facilitate transmittal of $0. format, reporting burden (time and required material, the Department Total Burden Cost (operating/ financial resources) is minimized, prescribes the use of Form MA 8–7, maintaining): $0. Comments submitted in response to collection instruments are clearly Transmittal for Unemployment this notice will be summarized and/or understood, and the impact of collection Insurance Materials. This simple check included in the request for Office of requirements on respondents can be off form is used by the states to identify Management and Budget approval of the properly assessed. material being transmitted to the information collection request; they will A copy of the proposed information National Office and allows the material also become a matter of public record. collection request (ICR) can be obtained to be routed to appropriate staff for by contacting the office listed below in prompt action. Dated: January 19, 2010. the addresses section of this notice or by Jane Oates, II. Desired Focus of Comments accessing: http://www.doleta.gov/ Assistant Secretary, Employment and OMBCN/OMBControlNumber.cfm. Currently, the Employment and Training Administration. DATES: Written comments must be Training Administration is soliciting [FR Doc. 2010–1247 Filed 1–22–10; 8:45 am] submitted to the office listed in the comments concerning the proposed BILLING CODE 4510–FW–P addressee section below on or before extension collection of the MA 8–7, March 26, 2010. Transmittal for Unemployment ADDRESSES: Send comments to Robert Insurance Materials. The Department of DEPARTMENT OF LABOR Johnston, U.S. Department of Labor, Labor is particularly interested in Employment and Training comments that: Bureau of Labor Statistics Administration, Office of • Evaluate whether the proposed Submission for OMB Emergency Unemployment Insurance, 200 collection of information is necessary Review: Comment Request Constitution Avenue, NW., Frances for the proper performance of the Perkins Bldg., Room S–4531, functions of the agency, including January 20, 2010. Washington, DC 20210, telephone whether the information will have The Department of Labor has number (202) 693–3005 (this is not a practical utility; submitted the following (see below) toll-free number) or by e-mail: • Evaluate the accuracy of the information collection request (ICR), [email protected]. agency’s estimate of the burden of the utilizing emergency review procedures, SUPPLEMENTARY INFORMATION: proposed collection of information, to the Office of Management and Budget including the validity of the (OMB) for review and clearance in I. Background methodology and assumptions used; accordance with the Paperwork Department of Labor, Employment • Enhance the quality, utility, and Reduction Act of 1995 (PRA95) (Pub. L. and Training Administration clarity of the information to be 104–13, 44 U.S.C. Chapter 35) and 5 regulations, 20 CFR 601, Administrative collected; and CFR 1320.13. OMB approval has been Procedures, contains collection of • Minimize the burden of the requested by March 31, 2010. A copy of information requirements at Sections collection of information on those who this ICR, with applicable supporting 601.2 and 601.3. Section 601.2 requires are to respond, including through the documentation; including among other states to submit copies of their use of appropriate automated, things a description of the likely unemployment compensation laws for electronic, mechanical, or other respondents, proposed frequency of approval by the Secretary of Labor so technological collection techniques or response, and estimated total burden that the Secretary may determine the other forms of information technology, may be obtained from the RegInfo.gov status of state laws and plans of e.g., permitting electronic submissions Web site at http://www.reginfo.gov/ operation. Section 601.3 requires states of responses. public/do/PRAMain or by contacting ‘‘ to submit all relevant state materials III. Current Actions Darrin King on 202–693–4129 (this is such as statutes, executive and not a toll-free number)/e-mail: administrative orders, legal opinions, The continued collection of the [email protected]. Interested rules, regulations, interpretations, court information described above is parties are encouraged to send decisions, etc.’’ These materials are used necessary to enable the Employment comments to the Office of Information by the Secretary to determine whether and Training Administration to and Regulatory Affairs, Attn: OMB Desk the state law contains provisions complete the required certifications. Officer for the Department of Labor— required by Section 3304(a) of the Type of Review: Extension without ETA, Office of Management and Budget, Internal Revenue Code of 1986. Grants change. Room 10235, Washington, DC 20503, of funds are made to states for the Agency: Employment and Training Telephone: 202–395–7316/Fax: 202– administration of their employment Administration (ETA). 395–6974 (these are not toll-free

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numbers), E-mail: • Evaluate the accuracy of the other forms of information technology, [email protected]. agency’s estimate of the burden of the e.g., permitting electronic submissions Comments and questions about the ICR proposed collection of information, of responses. listed below should be received on or including the validity of the Agency: Bureau of Labor Statistics. before February 24, 2010. methodology and assumptions used; Type of Review: New collection. • Enhance the quality, utility, and The OMB is particularly interested in clarity of the information to be Title of Collection: Quarterly Census comments which: collected; and of Employment and Wages Green Goods • Evaluate whether the proposed • Minimize the burden of the and Services Sector Pre-testing. collection of information is necessary collection of information on those who OMB Control Number: 1220–NEW. for the proper performance of the are to respond, including through the Affected Public: Private sector functions of the agency, including use of appropriate automated, businesses or other for-profits; not-for- whether the information will have electronic, mechanical, or other profit institutions; farms; small practical utility; technological collection techniques or businesses or organizations.

Average time Estimated total Form Total Frequency Total per response burden respondents responses (minutes) (hours)

Forms panel testing ...... 2,500 One time ...... 2,500 30 1,250 Follow-up interviews ...... 750 One time ...... 750 30 375

Totals ...... 2,500 ...... 3,250 ...... 1,625 The difference between the total number of respondents and the total number of responses reflects the fact that the respondents contacted for the follow-up interviews are a subset of the respondents contacted during the forms panel testing. About 750 of the respondents will be con- tacted twice, once during the panel testing and a second time for the follow-up interview.

Total Burden Cost: (capital/startup): services sector industry will be DEPARTMENT OF LABOR $0. addressed separately. Total Burden Cost: (operating/ Why are we requesting Emergency Proposed Information Collection maintenance): $0. Processing? Emergency clearance is Request for the ETA 218, Benefit Rights and Experience Report; Description: As the chief source of being sought for the Quarterly Census of Comment Request on Extension government data on employment, the Employment and Wages Green Goods Without Change 2010 Congressional appropriation tasks and Services Sector Industry Pre-testing. the Bureau of Labor Statistics (BLS) The purpose of this request for clearance by the BLS QCEW program is AGENCY: Employment and Training Quarterly Census of Employment and Administration. Wages (QCEW) program with producing to initiate a research project to employment data on industry sectors understand the collection environment ACTION: Notice. that produce green goods and services. and learn what information This initiative will produce regular establishments have available that SUMMARY: The Department of Labor, as tabulations of aggregate employment would help BLS collect employment part of its continuing effort to reduce and wages for businesses whose primary data on industry sectors that produce paperwork and respondent burden, activities fall in the green goods and green goods and services. This conducts a preclearance consultation services sector as defined by BLS. These information will be used to develop the program to provide the general public series will be key to analyzing eventual data collection instrument and and Federal agencies with an workforce trends in this sector. ensure high quality data are collected. opportunity to comment on proposed Data collection is scheduled to begin in and/or continuing collection of The purpose of this request for November 2010. In order for BLS to clearance is for the QCEW program to information in accordance with the understand how to collect and produce Paperwork Reduction Act of 1995 initiate a research project to understand high quality green goods and services the collection environment and learn (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This business employment by this date, BLS program helps to ensure that requested what information establishments have must begin the forms panel testing as available that would help BLS collect data can be provided in the desired soon as possible. Therefore, BLS is format, reporting burden (time and employment data on industry sectors requesting an emergency clearance to that produce green goods and services. financial resources) is minimized, allow for the necessary research to be collection instruments are clearly This information will be used to undertaken and completed within this improve the eventual data collection understood, and the impact of collection timeframe. A second opportunity to requirements on respondents can be instrument, increase response rates, and comment on the proposed collection of ensure high quality data are collected. properly assessed. data on green goods and services sector A copy of the proposed information The primary purpose of this research business employment will be afforded is neither to finalize a definition of collection request (ICR) can be obtained when the package is submitted to OMB by contacting the office listed below in green goods and services sector nor to under the standard clearance process in determine what defines the green sector. the addresses section of this notice or by accordance with the PRA95 (44 U.S.C. accessing: http://www.doleta.gov/ Rather, the focus is on learning what 3506). collectable information firms have OMBCN/OMBControlNumber.cfm. available about their products, services, Darrin A. King, DATES: Written comments must be and other items that might be used to Departmental Clearance Officer. submitted to the office listed in the collect data on this sector. The BLS [FR Doc. 2010–1301 Filed 1–22–10; 8:45 am] addresses section below on or before definition of the green goods and BILLING CODE 4510–24–P March 26, 2010.

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ADDRESSES: Send comments to Scott Office in solvency studies, cost use of appropriate automated, Gibbons, U.S. Department of Labor, estimating and modeling, and electronic, mechanical, or other Employment and Training assessment of state benefit formulas. technological collection techniques or Administration, Office of other forms of information technology, II. Desired Focus of Comments Unemployment Insurance, 200 e.g., permitting electronic submissions Constitution Avenue, NW., Frances Currently, the Department of Labor is of responses. Perkins Bldg., Room S–4531, soliciting comments concerning the Washington, DC 20210, telephone proposed extension for the collection of III. Current Actions number (202) 693–3008 (this is not a the ETA 218, Benefit Rights and The continued collection of the toll-free number) or by e-mail: Experience report. Comments are information contained on the ETA 218 [email protected]. requested that: report is necessary to enable the Office • SUPPLEMENTARY INFORMATION: Evaluate whether the proposed of Unemployment Insurance to continue collection of information is necessary evaluating state benefit formulas and the I. Background for the proper performance of the establishment of new benefit years. Attachment to the labor force, usually functions of the agency, including Type of Review: Extension without measured as amount of past wages whether the information will have change. earned, is used to determine eligibility practical utility; Agency: Employment and Training for state unemployment compensation • Evaluate the accuracy of the Administration (ETA). programs. The data in the ETA 218, Agency’s estimate of the burden of the Title: Benefit Rights and Experience. Benefit Rights and Experience Report, proposed collection of information, OMB Number: 1205–0177. includes numbers of individuals who including the validity of the Agency Number: ETA 218. were and were not monetarily eligible, methodology and assumptions used; Affected Public: State and Local those eligible for the maximum benefits, • Enhance the quality, utility, and Governments. those eligible based on classification by clarity of the information to be Total Respondents: 53. potential duration categories, and those collected; and Frequency: Quarterly. exhausting their full entitlement as • Minimize the burden of the Total Responses: 580. classified by actual duration categories. collection of information on those who Average Time per Response: 0.5 These data are used by the National are to respond, including through the hours.

Total Cite/Reference Total Frequency re- Average time per response Burden respondents sponses

ETA 218 Regular ...... 53 Quarterly ...... 212 .5 hour ...... 106 hrs. ETA 218 Extended Bene- 39 Quarterly ...... 156 .5 hour ...... 78 hrs. fits. ETA 218 Emergency Un- 53 Quarterly ...... 212 .5 hour ...... 106 hrs. employment Compensa- tion.

Totals ...... 580 ...... 290 hrs.

Total Estimated Burden Hours: 290 DEPARTMENT OF LABOR (1) A significant number or proportion hours. of the workers in such workers’ firm Employment and Training Total Burden Cost (capital/startup): have become totally or partially Administration $0. separated, or are threatened to become totally or partially separated; Total Burden Cost (operating/ Notice of Determinations Regarding (2) The sales or production, or both, maintaining): $0. Eligibility To Apply for Worker Adjustment Assistance of such firm have decreased absolutely; Comments submitted in response to and this notice will be summarized and/or In accordance with Section 223 of the (3) One of the following must be included in the request for Office of Trade Act of 1974, as amended (19 satisfied: Management and Budget approval of the U.S.C. 2273) the Department of Labor (A) Imports of articles or services like information collection request; they will herein presents summaries of or directly competitive with articles also become a matter of public record. determinations regarding eligibility to produced or services supplied by such apply for trade adjustment assistance for Dated: January 19, 2010. firm have increased; workers by (TA–W) number issued Jane Oates, during the period of November 30 (B) Imports of articles like or directly Assistant Secretary, Employment and through December 11, 2009. competitive with articles into which one Training Administration. In order for an affirmative or more component parts produced by [FR Doc. 2010–1248 Filed 1–22–10; 8:45 am] determination to be made for workers of such firm are directly incorporated, BILLING CODE 4510–FW–P a primary firm and a certification issued have increased; regarding eligibility to apply for worker (C) Imports of articles directly adjustment assistance, each of the group incorporating one or more component eligibility requirements of Section parts produced outside the United 222(a) of the Act must be met. States that are like or directly I. Under Section 222(a)(2)(A), the competitive with imports of articles following must be satisfied: incorporating one or more component

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parts produced by such firm have are threatened to become totally or Affirmative Determinations for Worker increased; partially separated; Adjustment Assistance (D) Imports of articles like or directly (2) The workers’ firm is a Supplier or The following certifications have been competitive with articles which are Downstream Producer to a firm that issued. The date following the company produced directly using services employed a group of workers who name and location of each supplied by such firm, have increased; received a certification of eligibility determination references the impact and under Section 222(a) of the Act, and date for all workers of such (4) The increase in imports such supply or production is related to determination. contributed importantly to such the article or service that was the basis The following certifications have been workers’ separation or threat of for such certification; and issued. The requirements of Section separation and to the decline in the (3) Either— 222(a)(2)(A) (increased imports) of the sales or production of such firm; or (A) the workers’ firm is a supplier and Trade Act have been met. the component parts it supplied to the II. Section 222(a)(2)(B) all of the TA–W–72,826; Alleson of Rochester, firm described in paragraph (2) following must be satisfied: Inc., Athletic Apparel accounted for at least 20 percent of the (1) A significant number or proportion Manufacturing, Geneva, NY: production or sales of the workers’ firm; of the workers in such workers’ firm November 9, 2008. have become totally or partially or TA–W–70,379; The Stanley Works, (B) a loss of business by the workers’ separated, or are threatened to become Leased Workers from TAC firm with the firm described in totally or partially separated; Worldwide, New Britain, CT: May paragraph (2) contributed importantly to (2) One of the following must be 20, 2008. satisfied: the workers’ separation or threat of TA–W–70,412; iLevel, Dallas, OR: May (A) There has been a shift by the separation. 18, 2008. workers’ firm to a foreign country in the In order for an affirmative TA–W–70,437; Circuit Science, Inc., production of articles or supply of determination to be made for adversely Plymouth, MN: May 20, 2008. services like or directly competitive affected workers in firms identified by TA–W–71,875; Kaiser Foundation with those produced/supplied by the the International Trade Commission and Hospitals, KP–IT, Walnut Creek, workers’ firm; a certification issued regarding CA: July 29, 2008. (B) There has been an acquisition eligibility to apply for worker TA–W–72,650; TI Group Automotive from a foreign country by the workers’ adjustment assistance, each of the group Systems, Winchester, KY: October firm of articles/services that are like or eligibility requirements of Section 222(f) 21, 2008. directly competitive with those of the Act must be met. TA–W–70,042; Crosby National Swage, (1) The workers’ firm is publicly produced/supplied by the workers’ firm; First Staff, Hughes Agency, Staff identified by name by the International and Mark Agency, Jacksonville, AR: May Trade Commission as a member of a (3) The shift/acquisition contributed 18, 2008. domestic industry in an investigation importantly to the workers’ separation TA–W–70,079; Aetrium Corporation, resulting in— or threat of separation. Leased Workers From Aerotek and (A) An affirmative determination of Logic, North St. Paul, MN: May 18, In order for an affirmative serious injury or threat thereof under determination to be made for adversely 2008. section 202(b)(1); TA–W–70,170; Emporium Hardwoods, affected workers in public agencies and (B) An affirmative determination of LLC, Leased Workers of a certification issued regarding market disruption or threat thereof Employment Solutions, Inc., eligibility to apply for worker under section 421(b)(1); or Emporium, PA: April 21, 2008. adjustment assistance, each of the group (C) An affirmative final determination TA–W–70,174; D.R. Johnson Lumber eligibility requirements of Section of material injury or threat thereof under Company, Riddle, OR: May 18, 222(b) of the Act must be met. section 705(b)(1)(A) or 735(b)(1)(A) of 2008. (1) A significant number or proportion the Tariff Act of 1930 (19 U.S.C. TA–W–70,248; BorgWarner Turbos, of the workers in the public agency have 1671d(b)(1)(A) and 1673d(b)(1)(A)); BorgWarner, Inc./Turbo & Emission become totally or partially separated, or (2) The petition is filed during the 1- Systems Div. Adecco, Arden, NC: are threatened to become totally or year period beginning on the date on May 19, 2008. partially separated; which— TA–W–70,324A; Delphi Packard (2) The public agency has acquired (A) a summary of the report submitted Electrical/Electronic Architecture, from a foreign country services like or to the President by the International Delphi Corporation, Leased Workers directly competitive with services Trade Commission under section from Bartech, Rootstown, OH: May which are supplied by such agency; and 202(f)(1) with respect to the affirmative 19, 2008. (3) The acquisition of services determination described in paragraph TA–W–70,324B; Delphi Packard contributed importantly to such (1)(A) is published in the Federal Electrical/Electronic Architecture, workers’ separation or threat of Register under section 202(f)(3); or Delphi Corporation, Leased Workers separation. (B) notice of an affirmative from Bartech, Vienna, OH: May 19, In order for an affirmative determination described in 2008. determination to be made for adversely subparagraph (1) is published in the TA–W–70,324C; Delphi Packard affected secondary workers of a firm and Federal Register; and Electrical/Electronic Architecture, a certification issued regarding (3) The workers have become totally Delphi Corporation, Leased Workers eligibility to apply for worker or partially separated from the workers’ from Bartech, Howland, OH: May adjustment assistance, each of the group firm within— 19, 2008. eligibility requirements of Section (A) the 1-year period described in TA–W–70,324D; Delphi Packard 222(c) of the Act must be met. paragraph (2); or Electrical/Electronic Architecture, (1) A significant number or proportion (B) notwithstanding section 223(b)(1), Delphi Corporation/Leased Workers of the workers in the workers’ firm have the 1-year period preceding the 1-year from Bartech, Cortland, OH: May become totally or partially separated, or period described in paragraph (2). 19, 2008.

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TA–W–70,324; Delphi Packard TA–W–70,141; McMurray Fabrics, Inc., TA–W–71,763; Acushnet Company, Electrical/Electronic Architecture, Aberdeen, NC: May 18, 2008. Fortune Brands, Leased Workers Delphi Corporation, Leased Workers TA–W–71,626; Robinson Steel, Granite from Olsten Staffing Services, From Bartech, Warren, OH: May 19, City, IL: July 8, 2008. Fairhaven, MA: July 21, 2008. 2008. TA–W–70,335; Milliken and Company, TA–W–71,811; Ficosa North America, TA–W–70,327; SAPA Fabricated Hatch Plant, Columbus, NC: May Leased Workers from Atwork Products, SAPA Inc., Leased 19, 2008. Cumberland Staffing Agency, Workers of Manpower Temporary TA–W–71,116; Russell Brands, LLC, Crossville, TN: July 24, 2008. Services, Magnolia, AR: May 18, Fabrics Division/Fruit of the Loom, TA–W–71,842; Honeywell International, 2009. Alexander City, AL: May 18, 2008. Electronic Materials Division, TA–W–70,373; Eaton Hydraulics, TA–W–71,319; Occidental Chemical Sunnyvale, CA: July 21, 2008. Greenwood, SC: May 19, 2008. Corporation, James H. Adams and TA–W–71,880; Brooks Automation, Inc., TA–W–70,443; Fleetwood Industries, Son Construction Co., Mobile, AL: Extended Factory Division, Leases Inc., New Production Introduction June 18, 2008. Workers from ESM, Express Assembly Division, Leesport, PA: TA–W–72,381; Grand Model Garment, Personnel, Portland, OR: July 30, May 18, 2008. Inc., New York, NY: September 21, 2008. TA–W–70,507; Oregon Metallurgical 2008. TA–W–71,882; Alcoa, Inc.—Reynolds Corporation, Express Personnel TA–W–72,772; Narrow Fabric Industries Metals Company, Leased Workers Services, Albany, OR: May 18, 2008. Corporation, Cheynet Group/Leased from Icon Consultants and TA–W–70,723; OFS Brands Holdings, Workers from Berks and Beyond, Headway Corp. Staffing, Massena, Inc., Huntingburg, IN: May 24, West Reading, PA: January 27, NY: July 30, 2008. 2008. 2009. TA–W–71,926; Honeywell International, TA–W–70,903; Severstal Warren, Inc., Consumer Products Group, Warren, OH: June 1, 2008. The following certifications have been issued. The requirements of Section Fostoria, OH: September 8, 2009. TA–W–70,974; Watry Industries LLC, TA–W–72,056; The ESAB Group Inc., Leased Workers of Seek Staffing, 222(a)(2)(B) (shift in production or services) of the Trade Act have been Olstein Staffing, Florence, SC: Sheboygan, WI: May 21, 2008. August 17, 2008. TA–W–71,048; Warren Corporation, met. TA–W–72,134; Winchester Lamp Plant, Leased Workers from Point Staffing TA–W–70,115; Senco Bands, Inc., FKA General Electric Company, Leased Services, Stafford Springs, CT: June Senco Products, Inc./Manpower, Workers from Diversco Janitorial 5, 2008. Inc. & Express Personnel, Services, Winchester, VA: August TA–W–71,171; Cargill, Inc., Corn Milling Cincinnati, OH: May 18, 2008. North America Division, Decatur, 19, 2008. TA–W–70,392; Cleveland Casting Plant, TA–W–72,234; Rieter Automotive AL: June 10, 2008. Cleveland, OH: May 20, 2008. Systems, North American TA–W–71,320; Eck Industries, Inc., TA–W–70,438; Durr Systems, Inc., Durr Consumers, Inc., Seek Careers Automotive Division, Lowell, IN: Ag/Leased Workers from PDS September 4, 2008. Staffing, Manitowoc, WI: June 12, Services, A. Bose, Inc. BV 2008. TA–W–72,261; Coopervision, Cooper Technologies, Plymouth, MI: May Companies, Leased Workers from TA–W–71,411; P and M Industries, Inc., 18, 2008. Thorofare, NJ: June 23, 2008. Reliance Temporary Staffing, TA–W–70,733; Federal Mogul Norfolk, VA: September 9, 2008. TA–W–71,416; Kennametal, Inc., MSSG, Corporation, Systems Protection Leased Workers from Kelly Services, TA–W–72,348; Cooper Wiring Devices, Group, Exton, PA: May 23, 2009. Maine Operations/Leased Workers Bentonville, AR: June 25, 2008. TA–W–70,924; Dawn Food Products, TA–W–71,427; Modern Industries, Inc., from Bonney Staffing and Adecco, Inc., Ossian, IN: May 26, 2008. Machining Division, Leased Brunswick, ME: September 17, TA–W–71,170; Corning, Inc., Leased Workers Adecco Technical, 2008. Workers from Adecco, Pro Advanced Placement, Erie, PA: June TA–W–72,403; Faradyne Motors, LLC, Unlimited, Piedmont Prime Care, 26, 2008. Kelly Services and Remedy Staff, TA–W–71,618; Volvo Trucks North Danville, VA: June 10, 2008. Newark, NY: June 21, 2009. America, New River Valley Plant, TA–W–71,196A; Invensys Process TA–W–72,421; Karl Schmidt Unisia, Dublin, VA: July 9, 2008. Systems, Leased Workers From CDI Inc., Fort Wayne, IN: September 25, TA–W–71,859; Faribault Woolen Mill Corporation, Irvine, CA: June 11, 2008. Company, Faribault, MN: July 29, 2008. TA–W–72,538; Visteon Eureka VCRAM, 2008. TA–W–71,196; Invensys Process LLC, Interior Division, Visteon TA–W–72,017; MGP Ingredients, Inc., Systems, Leased Workers From CDI Corporation, Leased Workers from Pekin, IL: August 11, 2008. Corporation, Foxboro, MA: June 11, Aerotek, Eureka, MO: October 7, TA–W–72,050; Automotive Components 2008. 2008. Holdings, LLC, Ford Motor TA–W–71,242; BAE Systems Controls, TA–W–72,577; Springfield Wire, Inc., Company, Visteon, MSX, Ford Inc., Leased Workers of Aerotek and Springfield, MA: December 6, 2009. Motor, Sandusky, OH: August 14, Superior Technical Resources, TA–W–72,589; SKC HAAS Display 2008. Irving, TX: June 15, 2008. Films LLC, A Joint Venture with TA–W–72,279; GES US New England, TA–W–71,554; International Automotive DOW Chemical/Leased Workers of Inc., Venture Corp, Lowell, MA: Components Huron, LLC, Huron, Diversco Integrated Services, September 9, 2009. OH: June 14, 2008. Rochester, NY: October 14, 2008. TA–W–72,624; Impress USA, Inc., North TA–W–71,594; Flextronics International TA–W–72,595; Boyd Corporation, America, Weirton, WV: October 15, LTD, Leased Workers from Aerotek, Portland Div., Employment Trends 2008. Austin, TX: July 8, 2008. and Staffmark, Portland, OR: TA–W–71,255; Flextronics, Global TA–W–71,739; Zippo Manufacturing October 13, 2008. Services Division, Louisville, KY: Company, Bradford, PA: July 15, TA–W–72,599; Pradco, Inc., Fishing June 3, 2008. 2008. Division/Kelly Services and First

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Staff Central, Ft. Smith, AR: TA–W–72,339; Eastman Kodak TA–W–70,420; Milliken and Company, October 14, 2008. Company, Finance & Accounting Abbeville Plant, Automotive TA–W–72,730; Gateway Corporation, Div., Adecco, Dayton, OH: Division, Abbeville, SC: May 19, Corinth, MS: October 27, 2008. September 16, 2008. 2008. TA–W–72,768; Solid State TA–W–72,512; Hewlett Packard, HRGO/ TA–W–71,764; Manter Technologies Measurements, Inc., Semilab US—PSG Desktop & Notebook Corp., Marine City, MI: June 12, Semiconduction Physics, Leased GBUs, W. Houston, TX: September 2008. Workers From Oxford Solutions, 30, 2008. TA–W–70,036; Ferro Corporation, Pittsburgh, PA: November 3, 2008. TA–W–72,544; Sonoco Products Porcelain Enamel Coatings TA–W–72,785; Beneteau USA, Inc., Company, Packaging Services Division, Cleveland, OH: May 18, Marion, SC: November 2, 2008. Division, Leased Workers of 2008. TA–W–72,866; Nova Controls, Inc., Debbie’s Staffing, Accountemps, TA–W–70,076; Ryerson, Inc., Nashville, Hydro Controls/Leased Workers of Devens, MA: October 6, 2008. TN: May 18, 2008. Manpower and Kelly Services, TA–W–72,578; Agilent Technologies, TA–W–70,167; Melampy Manufacturing Watsonville, CA: November 12, Inc., Technology and Service Company, Wabec and Standard Car 2008. Organization, Leased Workers Truck/Leased Workers from TA–W–72,871A; D&E Trucking, Orleans Timmsen Consulting, Santa Rosa, Alternative Staffing, Gibsonia, PA: Furniture, Inc., Columbia, MS: CA: October 6, 2008. May 18, 2008. November 10, 2008. TA–W–72,668; AEES Power System LP, TA–W–70,531; Consolidated Metco, Inc., TA–W–72,871; Orleans Furniture, Inc., Customer Service, Engineering, and Plastics Division, Bryson City, NC: Columbia, MS: November 10, 2008. Design Depts./Leased Workers of May 21, 2008. TA–W–72,898; Modine Manufacturing Aerotek, Farmington Hills, MI: TA–W–70,626; Steel Forming, DBA Company, Nesco Service, Adecco, October 20, 2008. Commercial Metal Forming, Belcan HR Affiliates, CBS, JC, TA–W–72,791; Siemens Industry, Inc., Youngstown, OH: May 4, 2008. Harrodsburg, KY: November 18, Industrial Automation Division, TA–W–71,066; North American 2008. Spring House, PA: November 5, Hoganas, Inc., Leased Workers from TA–W–72,914; Cummins Filtration, 2008. Manpower and Kelly Services, Allegis, Manpower and DP TA–W–70,525A; Yahoo Inc., Finance Hollsopple, PA: June 8, 2008. TA–W–71,233; Advance Accessory Personnel, Cookeville, TN: Division/Leased Workers from Workforce Logic, Burbank, CA: May System, Shelby, MI: June 5, 2008. November 16, 2008. TA–W–71,237; Phillips Plastics Corp, TA–W–72,938; Schneider Electric, North 18, 2008. Custom Div., Manpower, Phillips, American Operating Div., Leased TA–W–70,525B; Yahoo Inc., Finance Division/Leased Workers from WI: June 2, 2008. Workers from Volt Services and TA–W–71,412; HTT Inc., Leased Adecco, Seneca, SC: November 23, Workforce Logic, Santa Clara, CA: May 18, 2008. Workers from Staffing Answers, 2008. Sheboygan Falls, WI: June 24, 2008. TA–W–71,005; Vision Plastics-Gardner TA–W–70,525; Yahoo Inc., Finance Division/Leased Workers from TA–W–71,522; Coldform, Inc., Bender, Leased Workers of Terryville, CT: July 2, 2008. Enterforce, San Diego, CA: June 3, Workforce Logic, Sunnyvale, CA: May 18, 2008. TA–W–71,599; Toyotetsu Mid America, 2008. Leased Workers from Malone TA–W–71,945; Rainbow Play Systems, TA–W–70,963; Delaware Valley Financial Services, Allianz Life Staffing, Owensboro, KY: July 7, Inc., Brookings, SD: August 6, 2008. 2008. TA–W–71,949; Oberg Industries, Inc., Insurance Company of North America, Berwyn, PA: May 19, TA–W–71,688; Friction Holdings, LLC, Adecco Employment Service, Drivetrain Group Holding Corp., Specialized Staff, Venture, 2008. TA–W–72,439; GlaxoSmithKline, Crawfordsville, IN: July 13, 2008. Freeport, PA: August 6, 2008. TA–W–72,015; Illinois Steel Service, TA–W–72,059; Quebecor World, Knowledge Management Division, Parsippany, NJ: September 28, Inc., Chicago, IL: August 12, 2008. Premedia Division, New York, NY: TA–W–72,178; Mullen Industries, St. August 16, 2008. 2008. TA–W–72,686; Citicorp North America, Clair, MO: August 31, 2008. TA–W–72,155; McKinney Products TA–W–72,278; Sabic Innovative Plastics Inc., ACASH Division/Leased Company, ASSA Abloy, Scranton, US, LLC, Washington, WV: Workers of Randstad, Fort PA: May 15, 2009. September 9, 2008. TA–W–72,305; Rave Sports, Inc., Lauderdale, FL: October 16, 2008. TA–W–72,307; Toyotetsu America, Inc., TA–W–72,923A; Carhartt, Inc., Glasgow Lebanon, MO: September 14, 2008. Toyoda Iron Works Company, JC Distribution Center, Glasgow, KY: TA–W–72,657; Hilton Reservations and Malone Associates, Somerset, KY: Customer Care, A Subsidiary of November 20, 2008. TA–W–72,923; Carhartt, Inc., Glasgow September 14, 2008. Hilton Worldwide, Hazleton, PA: TA–W–70,363; TRW Automotive, LLC, Sortation Facility, Glasgow, KY: October 19, 2008. Electronics Engineering Division, November 20, 2008. TA–W–70,032; Mega Brands America, Leased Workers from Adecco Inc., Formerly Known as Rose Art The following certifications have been Engineering, Farmington Hills, MI: Ind., Leased Workers from Ajilon issued. The requirements of Section May 19, 2008. Professional, Livingston, NJ: May 222(b) (adversely affected workers in TA–W–70,484; Virage Logic 18, 2008. public agencies) of the Trade Act have Corporation, Leased Workers from TA–W–71,373; IBM, Learning and been met. Office Team and Patni Computer Knowledge Group, Chicago, IL: June None. Systems Ltd., Hampton, NJ: May 20, 22, 2008. The following certifications have been 2008. TA–W–71,972; Agility Logistic, SNA issued. The requirements of Section TA–W–70,943; Kenco Logistic Services, Division, Connections Personnel, 222(c) (supplier to a firm whose workers LLC, Remedy Intelligent and Sedona, Santa Ana, CA: July 15, are certified eligible to apply for TAA) Omnisource Staffing, Lexington, 2008. of the Trade Act have been met. KY: June 3, 2008.

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TA–W–71,025; Canon USA, Inc., TA–W–70,223; Eaton Aeroquip, Inc., TA–W–71,301; Blazing Color, Semiconductor Equipment Division, Mountain Home, AR. Bloomington, MN. Boise, ID: June 2, 2008. TA–W–70,294; Quala-Die, Inc., St. TA–W–71,325; Smartparts, Inc., Totowa, TA–W–71,061; Elkay Manufacturing Marys, PA. NJ. Company, Corporate Headquarters, TA–W–70,302; Pilgrims Pride, Leased TA–W–71,550; IBM Corporation, Global Leased Workers of Accountemps, Workers of PSSI, Farmerville, LA. Technology Services Division, Oak Brook, IL: June 8, 2008. TA–W–70,305; Shorewood Packaging, A Chicago, IL. TA–W–71,812; Sigmatron International, Business Unit of International TA–W–71,559; Gresham Chrysler—Jeep, Inc., Snelling Personnel Services Paper, Springfield, OR. Inc., Gresham, OR. and Team Force Staffing, Hayward, TA–W–70,346; Nabors Drilling USA, LP, TA–W–71,579; United Airlines, Inc., CA: July 24, 2008. Fruita, CO. Jamaica, NY. TA–W–70,395; Dawson Metal Company, The following certifications have been TA–W–71,723; United Airlines, Inc., Inc., Industrial Division, issued. The requirements of Section O’Hare International Airport Line Jamestown, NY. Maintenance Division, Chicago, IL. 222(c) (downstream producer for a firm TA–W–70,618A; Shadowline Sales Inc., whose workers are certified eligible to TA–W–71,989; United Airlines, Inc., Shadowline, Inc., Myrtle Beach, SC. Newark Int’l Airport Line apply for TAA) of the Trade Act have TA–W–70,618B; Shadowline Sales Inc., been met. Maintenance Division, Newark, NJ. Shadowline, Inc., Pigeon Forge, TN. TA–W–71,990; United Airlines, Inc., La None. TA–W–70,618; Shadowline Sales Inc., Guardia Airport Line Maintenance The following certifications have been Shadowline, Inc., St. Augustine, FL. Division, Flushing, NY. issued. The requirements of Section TA–W–70,705; Watertronics, LLC, TA–W–72,216; Gwynn Lumber and 222(f) (firms identified by the Hartland, WI. Reload, Inc., Eureka, MT. International Trade Commission) of the TA–W–70,732; Pilgrims Pride TA–W–72,499; Hamilton Fairfield Trade Act have been met. Corporation, Clinton, AR. Dodge Jeep, Hamilton, OH. TA–W–70,755; Pilgrims Pride TA–W–72,820; Maverick Tube LLC, DBA TA–W–72,527; Saturn of Green Bay, Corporation, Wilstaff, Eldorado, Tenaris Counce, Counce, TN: Inc., Green Bay, WI. AR. November 24, 2009. The investigation revealed that the TA–W–70,783; T and S Hardwoods, Inc., TA–W–72,821; Maverick Tube LLC, DBA criteria under paragraphs (b)(2) and Sylva, NC. Texas Arai, Houston, TX: November TA–W–70,967; Gerstenslager Company, (b)(3) (public agency acquisition of 24, 2007. Worthington Industries, Automotive services from a foreign country) of TA–W–72,822; Maverick Tube, LLC, Stamping Div., Wooster, OH. section 222 have not been met. DBA TenairsConroe, Conroe, TX: TA–W–70,987A; Red Oak Die Casting, None. November 24, 2007. Quad Cast, Inc., Red Oak, IA. The investigation revealed that Negative Determinations for Worker TA–W–70,987; Quad City Die Casting, criteria of Section 222(c)(2) has not been Adjustment Assistance Inc, Moline, IL. met. The workers’ firm (or subdivision) TA–W–71,230; Monaco Coach is not a Supplier to or a Downstream In the following cases, the Corporation, N/K/S MNC Producer for a firm whose workers were investigation revealed that the eligibility Corporation, Coburg, OR. certified as eligible to apply for TAA. criteria for worker adjustment assistance TA–W–72,041; Aleris Blanking and Rim have not been met for the reasons TA–W–70,130; Pilgrims Pride Corp, Products, Inc., Division of Aleris Atkins, AR. specified. International, Inc., Terre Haute, IN. The investigation revealed that the TA–W–70,052A; Transfreight, LLC, I hereby certify that the aforementioned criterion under paragraph (a)(1), or determinations were issued during the period Mitsui & Co., Ltd, Brownstown, MI. of November 30 through December 11, 2009. (b)(1), or (c)(1) (employment decline or TA–W–70,052; Transfreight, LLC, Mitsui threat of separation) of section 222 has Copies of these determinations are available & Co., Ltd, Princeton, IN. for inspection in Room N–5428, U.S. not been met. TA–W–70,333; URS Corporation, URS Department of Labor, 200 Constitution TA–W–70,646; Tenneco, Inc., Corporate Division/East 3 Regional Business Avenue, NW., Washington, DC 20210 during Engineering Center, Grass Lake, MI. Unit, Grand Rapids, MI. normal business hours or will be mailed to TA–W–71,281; International Automotive TA–W–70,343; WuXi AppTec, Inc., persons who write to the above address. Components Group North America, Biological Manufacturing, Leased Dated: January 15, 2010. Troy, MI. Workers from Aerotek, Elliott S. Kushner, The investigation revealed that the Philadelphia, PA. TA–W–70,349; Trane, Residential Certifying Officer, Division of Trade criteria under paragraphs (a)(2)(A)(i) Adjustment Assistance. (decline in sales or production, or both) Systems Division, Fort Smith, AR. TA–W–70,482; Source Providers, Inc.— [FR Doc. 2010–1311 Filed 1–22–10; 8:45 am] and (a)(2)(B) (shift in production or BILLING CODE 4510–FN–P services to a foreign country) of section Comprehensive Logistics, Inc., 222 have not been met. Lansing, MI. TA–W–70,541; Samuel Aaron, Inc., Long TA–W–70,646; Tenneco, Inc., Corporate Island City, NY. DEPARTMENT OF LABOR Engineering Center, Grass Lake, MI. TA–W–70,585; Johnson Control, Inc., TA–W–71,281; International Automotive Employment and Training Rockwood, MI. Administration Components Group North America, TA–W–70,772; United Airlines, Inc., Troy, MI. Seattle-Tacoma Int’l Airport Line Notice of Determinations Regarding The investigation revealed that the Maintenance Division, Seattle, WA. Eligibility To Apply for Worker criteria under paragraphs (a)(2)(A) TA–W–71,042; Pacific Rail Services, Adjustment Assistance (increased imports) and (a)(2)(B) (shift LLC, Seattle, WA. in production or services to a foreign TA–W–71,275; United Airlines, Inc., In accordance with Section 223 of the country) of section 222 have not been Portland Airport Line Maintenance Trade Act of 1974, as amended (19 met. Division, Portland, OR. U.S.C. 2273) the Department of Labor

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herein presents summaries of firm of articles/services that are like or eligibility requirements of Section 222(f) determinations regarding eligibility to directly competitive with those of the Act must be met. apply for trade adjustment assistance for produced/supplied by the workers’ firm; (1) The workers’ firm is publicly workers by (TA–W) number issued and identified by name by the International during the period of November 2 (3) The shift/acquisition contributed Trade Commission as a member of a through November 13, 2009. importantly to the workers’ separation domestic industry in an investigation In order for an affirmative or threat of separation. resulting in— determination to be made for workers of In order for an affirmative (A) An affirmative determination of a primary firm and a certification issued determination to be made for adversely serious injury or threat thereof under regarding eligibility to apply for worker affected workers in public agencies and section 202(b)(1); adjustment assistance, each of the group a certification issued regarding (B) An affirmative determination of eligibility requirements of Section eligibility to apply for worker market disruption or threat thereof 222(a) of the Act must be met. adjustment assistance, each of the group under section 421(b)(1); or I. Under Section 222(a)(2)(A), the eligibility requirements of Section (C) An affirmative final determination following must be satisfied: 222(b) of the Act must be met. of material injury or threat thereof under (1) A significant number or proportion (1) A significant number or proportion section 705(b)(1)(A) or 735(b)(1)(A) of of the workers in such workers’ firm of the workers in the public agency have the Tariff Act of 1930 (19 U.S.C. have become totally or partially become totally or partially separated, or 1671d(b)(1)(A) and 1673d(b)(1)(A)); separated, or are threatened to become are threatened to become totally or (2) The petition is filed during the 1- totally or partially separated; partially separated; (2) The sales or production, or both, year period beginning on the date on (2) The public agency has acquired which— of such firm have decreased absolutely; from a foreign country services like or and (A) A summary of the report directly competitive with services submitted to the President by the (3) One of the following must be which are supplied by such agency; and satisfied: International Trade Commission under (3) The acquisition of services section 202(f)(1) with respect to the (A) Imports of articles or services like contributed importantly to such or directly competitive with articles affirmative determination described in workers’ separation or threat of paragraph (1)(A) is published in the produced or services supplied by such separation. firm have increased; Federal Register under section 202(f)(3); In order for an affirmative (B) Imports of articles like or directly or determination to be made for adversely competitive with articles into which one (B) Notice of an affirmative affected secondary workers of a firm and or more component parts produced by determination described in a certification issued regarding such firm are directly incorporated, subparagraph (1) is published in the eligibility to apply for worker have increased; Federal Register; and (C) Imports of articles directly adjustment assistance, each of the group (3) The workers have become totally incorporating one or more component eligibility requirements of Section or partially separated from the workers’ parts produced outside the United 222(c) of the Act must be met. firm within— (1) A significant number or proportion States that are like or directly (A) The 1-year period described in of the workers in the workers’ firm have competitive with imports of articles paragraph (2); or become totally or partially separated, or incorporating one or more component (B) Notwithstanding section 223(b)(1), parts produced by such firm have are threatened to become totally or partially separated; the 1-year period preceding the 1-year increased; period described in paragraph (2). (D) Imports of articles like or directly (2) The workers’ firm is a Supplier or competitive with articles which are Downstream Producer to a firm that Affirmative Determinations For Worker produced directly using services employed a group of workers who Adjustment Assistance received a certification of eligibility supplied by such firm, have increased; The following certifications have been under Section 222(a) of the Act, and and issued. The date following the company such supply or production is related to (4) The increase in imports name and location of each the article or service that was the basis contributed importantly to such determination references the impact for such certification; and workers’ separation or threat of date for all workers of such (3) Either— separation and to the decline in the determination. sales or production of such firm; or (A) The workers’ firm is a supplier and the component parts it supplied to The following certifications have been II. Section 222(a)(2)(B) all of the issued. The requirements of Section following must be satisfied: the firm described in paragraph (2) accounted for at least 20 percent of the 222(a)(2)(A) (increased imports) of the (1) A significant number or proportion Trade Act have been met. of the workers in such workers’ firm production or sales of the workers’ firm; have become totally or partially or TA–W–70,545; Truck-Lite Company, separated, or are threatened to become (B) A loss of business by the workers’ Inc., Leased Workers from Adecco, totally or partially separated; firm with the firm described in Falconer, NY: May 8, 2008. (2) One of the following must be paragraph (2) contributed importantly to TA–W–70,564; Gemeinhardt, LLC, satisfied: the workers’ separation or threat of Elkhart, IN: May 20, 2008. (A) There has been a shift by the separation. TA–W–70,879; Reynolds Consumer workers’ firm to a foreign country in the In order for an affirmative Products, Weyauwega Plant, d/b/a/ production of articles or supply of determination to be made for adversely Presto, Weyauwega, WI: June 2, services like or directly competitive affected workers in firms identified by 2008. with those produced/supplied by the the International Trade Commission and TA–W–71,485; Albaugh, Inc., Leased workers’ firm; a certification issued regarding Workers—Imko, Aerotek, Austin (B) There has been an acquisition eligibility to apply for worker Nichols, and Lab Tech, St. Joseph, from a foreign country by the workers’ adjustment assistance, each of the group MO: June 23, 2008.

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TA–W–71,539; Plum Creek, Plum Creek TA–W–71,094; Duro Textiles, LLC, Duro TA–W–72,503; Sycamore Networks, Inc., Timber Company, Inc., LC Staffing, Finishing and Duro Textile Printers, Silvx Network Management Columbia Falls, MT: July 1, 2008. Leased Workers From Olsten Software, Chelmsford, MA: TA–W–70,034; Vaagen Bros. Lumber, Staffing, Fall River, MA: May 5, November 25, 2008. Inc., Leased Workers from 2009. TA–W–72,561; United Tool and Plastics, Integrated Personnel, Colville, WA: TA–W–71,355; Hollingsworth and Vose Inc., Waynesboro, VA: October 8, May 18, 2008. Company, Hawkinsville Division, 2008. TA–W–70,418; Pentair Water Pool and Willstaff Worldwide, Hawkinsville, TA–W–70,151; Smith and Nephew, Inc., Spa, Acutrol Division, Auburn, CA: GA: June 10, 2008. Wound Management—Largo Div./ May 19, 2008. TA–W–71,395; Startek USA, Inc., Leased Workers of Olsten Staffing, TA–W–70,526; Kennametal, Inc., Subsidiary of Startek, Lynchburg, Largo, FL: May 4, 2008. Lyndonville, VT: May 18, 2008. VA: June 24, 2008. TA–W–70,433; Weyerhaeuser NR, I– TA–W–70,765; Nova Chemicals Inc, TA–W–71,402; The Timken Company, Level Division, Buckhannon, WV: Performance Styrenics Division, Leased Workers from Adecco and May 18, 2008. Leased Workers from Allied Barton Megaforce, Randleman, NC: June TA–W–70,900; Acushnet Company, Security, Monaca, PA: May 20, 23, 2008. Leased Workers from Marquee 2008. TA–W–71,431; Sealing Products Staffing, Carlsbad, CA: June 1, TA–W–71,458; FormTech Industries, Manufacturing, LLC, Dana Holding 2008. TA–W–71,125; Intra Corporation, LLC, Detroit, MI: June 26, 2008. Corporation, LLC, ADECCO, Westland, MI: June 10, 2008. TA–W–71,983; Weber Automotive Danville, KY: June 24, 2008. TA–W–71,478; United States Gypsum, TA–W–71,225; Dura Automotive Corporation, Leased Workers from Santa Fe Springs Plant, Santa Fe Systems, Seats Division, Leased Spherion and Johnson SVS Group, Springs, CA: June 29, 2008. Workers from Furst Staffing, Summerville, SC: August 4, 2008. TA–W–71,480; Hydro Aluminum Stockton, IL: June 5, 2008. TA–W–72,047; Mark Two Engineering, Precision Tubing North America, TA–W–71,259; Cooper Tools, Inc., Inc., Aerotek, Medley, FL: August Adrian, MI: June 26, 2008. Cooper Power Tools Division, 13, 2008. TA–W–71,530; Nordson Corporation, Cooper Industries, Dayton, OH: TA–W–72,440; Wheatland Tube Leased Workers from Kelly Services, June 22, 2009. Company, Sharon, PA: July 22, Robert Half Management, Amherst, TA–W–72,093; Atlantic Guest, Inc., 2009. OH: July 1, 2008. Actuant Company, Berlin, CT: TA–W–71,035; Prestige Printing, J.L. TA–W–71,755; Bose Corporation, Park August 19, 2008. Wauford, Inc./Leased from Kelly Place Manufacturing, Leased TA–W–72,133; North American Pulp Services and Randstad USA, Workers from Randstad, Molding, LLC, Luberski, Inc/dba Madison, TN: June 5, 2008. Framingham, MA: July 17, 2008. Hidden Villa Ranch, Haynesville, TA–W–70,189; Signature Aluminum, TA–W–72,069; Rennoc Corporation, LA: August 25, 2008. Inc., Greenville, PA: May 18, 2008. Vineland, NJ: August 18, 2008. TA–W–70,403; IBM Corporation, Global TA–W–70,396; U.S. Steel Tubular TA–W–72,099; Motorola Inc., Business Services, El Segundo, CA: Products, Wheeling Machine Government and Public Safety May 18, 2008. Products Division, Pine Bluff, AR: Division, Schaumburg, IL: August TA–W–70,916A; Agilent Technologies, May 19, 2008. 20, 2008. Digital Test, Independent The following certifications have been TA–W–72,167; Shorewood Packaging, Contractors & Leased Workers issued. The requirements of Section Newport News, VA: August 25, Johnson Controls & Volt, Santa 222(a)(2)(B) (shift in production or 2008. Rosa, CA: June 1, 2008. services) of the Trade Act have been TA–W–72,169; NuTec Tooling Systems, TA–W–71,031; International Business met. Inc., Leased Workers from Career Machines Corp. (IBM), Global Concepts, Meadville, PA: August Business Services, ABB Account, TA–W–70,398; Cessna Aircraft 28, 2008. Endicott, NY: May 20, 2008. Company, A Division of Textron, TA–W–72,199; Littelfuse LP, Leased TA–W–71,243; ACS Commercial Leased Workers From Express Worker of Aerotek, Inc., Irving, TX: Solutions, Inc., Affiliated Computer Professional Staffing, Bend, OR: September 1, 2008. Services, Business Processing May 18, 2008. TA–W–72,244; Control Logic, Inc., Solutions Group, Lexington, KY: TA–W–70,453; Flextronics International, Connelly Springs, NC: August 28, June 3, 2008. Limited, Leased Workers From 2008. TA–W–71,905; Accenture LLP, Arotex, Flexicorps, Industrial TA–W–72,263; The H and H Trailer Randstad, MIR Mitchell & Co., Staffing, Elk Grove Village, IL: May Company, Kingman Division, Dayton, OH: July 30, 2008. 20, 2008. Kingman, AZ: September 8, 2008. TA–W–72,195; Experian, Global TA–W–70,916; Agilent Technologies, TA–W–72,353; Philips Respironics, Technology Services Division, Digital Test, Independent Royal Phillips Electronics Inc., Leased Workers of Tapfin, Costa Contractors & Leased Workers Leased Workers of Qualcomm Inc., Mesa, CA: September 1, 2008. Johnson Controls & Volt, Colorado Bend, OR: September 17, 2009. TA–W–72,272; Mitsubishi Motors R and Springs, CO: June 1, 2008. TA–W–72,395; 3M/Southbridge, Leased D of America, Inc., Mitsubishi TA–W–70,972; Amphenol Backplane Workers from Coworx Staffing Motors North America, Technicon Systems, Amphenol Corp., Services, Southbridge, MA: Int’l, Ann Arbor, MI: September 5, Microtech and Accountemps, September 17, 2008. 2008. Nashua, NH: June 1, 2008. TA–W–72,469; Magal-Senstar, Inc., TA–W–72,468; EDAG, Inc., Leased TA–W–70,984; Keihin IPT Division of Magal Security Systems, Workers from Partner Personnel, Manufacturing, Inc., Keihin NA, Fremont, CA: September 30, 2008. Inc., Auburn Hills, MI: September Formerly KIPT, Now KNA, Leased TA–W–72,500; Hardinge, Inc., Leased 30, 2008. Workers from Spartan Staffing, Workers of Manpower, Elmira, NY: TA–W–72,491; Commerce Energy, Inc., Greenfield, IN: June 2, 2008. September 29, 2008. Just Energy, Leased Workers from

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Accountants International, etc., TA–W–70,885; Neff-Perkins Company, TA–W–70,356; Ford Motor Company, Costa Mesa, CA: October 2, 2008. Perry Facility, Perry, OH: May 28, Powertrain Test Laboratories, TA–W–70,919; The Stride Rite 2008. Dearborn, MI. Corporation, IT Solutions Delivery, TA–W–70,992; United Machine Works, TA–W–70,389; Stanley Access Lexington, MA: June 1, 2008. Inc., Greenville, NC: May 26, 2008. Technologies, Farmington, CT. TA–W–71,493; Evergreen Shipping TA–W–71,101; Stroh Die Casting TA–W–71,382; Nortech Systems, Inc., Agency (America) Corporation, Company, Inc, Milwaukee, WI: June Intercon 1 Division, Baxter, MN. Leased Workers of Talent Tree, Inc., 5, 2008. TA–W–71,383; Nortech Systems, Inc., Charleston, SC: June 30, 2008. TA–W–71,127; Lear Corporation, Aerospace Systems Division, TA–W–71,507; Eastman Kodak, Seating Systems Division, Wayzata, MN. Graphics Communication Group, Lordstown, OH: June 9, 2008. TA–W–72,325; C and K Powder Coating, Adecco, Norwalk, CT: June 30, TA–W–71,706; Daimler Trucks North Ebensburg, PA. 2008. America, LLC, Gastonia The investigation revealed that the TA–W–71,907; Allstate Insurance Components and Logistics, criteria under paragraphs (a)(2)(A)(i) Company, Allstate Service Info., Gastonia, NC: July 15, 2008. (decline in sales or production, or both) Kelly Services, Diamond Bar, CA: TA–W–71,725; Caterpillar, Inc., Large and (a)(2)(B) (shift in production or August 3, 2008. Power Systems Division, Mossville, services to a foreign country) of section TA–W–71,924; Allstate Insurance IL: July 6, 2008. 222 have not been met. Company, Allstate Motor Club TA–W–72,223; Axletech International, None. Division, South Barrington, IL: July Subsidiary of General Dynamics, The investigation revealed that the 31, 2008. Oshkosh, WI: August 31, 2008. criteria under paragraphs(a)(2)(A) TA–W–72,048; FLSmidth, Inc., Cement TA–W–72,324; Katahdin Paper (increased imports) and (a)(2)(B) (shift Div., Leased Workers of Aerotek Company, Pulp Mill, East in production or services to a foreign Contract, Engineering, Allied Millinocket, ME: September 15, country) of section 222 have not been Personnel, Bethlehem, PA: August 2008. met. 14, 2008. TA–W–70,660; Gold Canyon Mining and TA–W–70,664; Signature Aluminum, TA–W–72,480; Interdent Service Construction, LLC, Apache Temroc Hamel Division, Hamel, Corporation, Central Business Junction, AZ: May 20, 2008. MN. Office/Billing and Collections TA–W–70,687; Marmon/Keystone TA–W–70,715; Broan-Nutone, LLC, Department, Vancouver, WA: Corporation, Marmon Distribution Hartford, WI. September 29, 2008. Services, LLC, East Butler Division, TA–W–70,800; MeadWestvaco The following certifications have been Butler, PA: May 21, 2008. Corporation, Consumer and Office issued. The requirements of Section TA–W–71,444; Applied Materials, Inc., Products Div., Enfield, CT. 222(b) (adversely affected workers in Leased Workers from K2 Associates TA–W–70,827; FormTech Industries, public agencies) of the Trade Act have and Nstar, Rio Rancho, NM: June LLC, Minerva Division, Minerva, been met. 25, 2008. OH. TA–W–70,861; Parkdale America, LLC, None. The following certifications have been Plant #29, Sanford, NC. The following certifications have been issued. The requirements of Section TA–W–70,906; Windsor Republic Door, issued. The requirements of Section 222(c) (downstream producer for a firm Inc., Republic Doors and Frames 222(c) (supplier to a firm whose workers whose workers are certified eligible to Div., Manpower, Hamilton, are certified eligible to apply for TAA) apply for TAA) of the Trade Act have of the Trade Act have been met. McKenzie, TN. been met. TA–W–71,024; Idaho Ethanol TA–W–70,143A; JL French Automotive TA–W–71,011; Cadon Acquisitions, LLC, Processing, LLC, ED&F Man Castings LLC, On-Site Leased Cadon Plating and Coatings, Biofuels, Caldwell, ID. Workers From Quality Personnel, Phoenix Personnel, Wyandotte, MI: TA–W–71,375; AK Steel Corporation, Glasgow, KY: May 18, 2008. June 3, 2008. Mansfield Works Division, TA–W–70,143; JL French Automotive The following certifications have been Mansfield, OH. Castings LLC, On-Site Leased issued. The requirements of Section TA–W–71,384; Nortech Systems, Inc., Workers From Labor Ready, 222(f) (firms identified by the Aerospace Systems Division, Leased Sheboygan, WI: May 18, 2009. International Trade Commission) of the Workers of Doherty Staffing TA–W–70,457; Core Manufacturing, Trade Act have been met. Solutions, Fairmont, MN. Multi-Plastics, Inc., Division Sipco, TA–W–71,954; National Envelope TA–W–71,425; US Steel Corporation, Inc., M-Ploy, Saegertown, PA: May Corporation, Long Island City, NY. Fairfield, AL: July 21, 2007. 20, 2008. TA–W–72,039; PolyVision Corporation, TA–W–70,481; Kaiser Aluminum Insert C–ITC. Leased Workers of Spherion Fabricated Products, LLC, Negative Determinations for Worker Company, Dixonville, PA. Richmond, VA: May 21, 2008. Adjustment Assistance TA–W–72,205; Charles Conkle Motor TA–W–70,611; Janesville Acoustics, A Company, Inc., Kokomo, IN. Unit of Jason, Inc., Norwalk, OH: In the following cases, the TA–W–72,231; Lonza Inc., Riverside, May 22, 2008. investigation revealed that the eligibility Synthesis Section, Custom Mfg, Lab TA–W–70,773; Microfibres, Inc., criteria for worker adjustment assistance Support, Conshohocken, PA. Pawtucket, RI: April 24, 2009. have not been met for the reasons TA–W–70,038; ABF Freight Systems, TA–W–70,782; BASF, Coatings Division, specified. Subsidiary of Arkansas Best Corp., Leased Workers from Adecco, The investigation revealed that the Dayton, OH. Greenville, OH: May 20, 2008. criterion under paragraph (a)(1), or TA–W–70,282; J.W. Pike LTD/Vintage TA–W–70,824; Bridgestone APM (b)(1), or (c)(1)(employment decline or Verandah, Inc., Kalispell, MT. Company, Findlay, OH: May 29, threat of separation) of section 222 has TA–W–70,743; General Motors 2008. not been met. Corporation, Powertrain Central,

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Advanced Mechanical Engineering, (2) The sales or production, or both, (2) The public agency has acquired Pontiac, MI. of such firm have decreased absolutely; from a foreign country services like or TA–W–70,872; Mars Petcare US, Inc., and directly competitive with services Mars Incorporated, McKenzie, TN. (3) One of the following must be which are supplied by such agency; and TA–W–71,835; FracTech Services, Cisco, satisfied: (3) The acquisition of services TX. (A) Imports of articles or services like contributed importantly to such TA–W–71,918; Eberly Originals Ltd., or directly competitive with articles workers’ separation or threat of Newton, NJ. produced or services supplied by such separation. The investigation revealed that the firm have increased; In order for an affirmative criteria under paragraphs (b)(2) and (B) Imports of articles like or directly determination to be made for adversely (b)(3) (public agency acquisition of competitive with articles into which one affected secondary workers of a firm and services from a foreign country) of or more component parts produced by a certification issued regarding section 222 have not been met. such firm are directly incorporated, eligibility to apply for worker None. have increased; adjustment assistance, each of the group The investigation revealed that (C) Imports of articles directly eligibility requirements of Section criteria of Section 222(c)(2) has not been incorporating one or more component 222(c) of the Act must be met. met. The workers’ firm (or subdivision) parts produced outside the United (1) A significant number or proportion is not a Supplier to or a Downstream States that are like or directly of the workers in the workers’ firm have Producer for a firm whose workers were competitive with imports of articles become totally or partially separated, or certified as eligible to apply for TAA. incorporating one or more component are threatened to become totally or None. parts produced by such firm have partially separated; I hereby certify that the aforementioned increased; (2) The workers’ firm is a Supplier or determinations were issued during the period (D) Imports of articles like or directly Downstream Producer to a firm that of November 2 through November 13, 2009. competitive with articles which are employed a group of workers who Copies of these determinations are available produced directly using services received a certification of eligibility for inspection in Room N–5428, U.S. supplied by such firm, have increased; under Section 222(a) of the Act, and Department of Labor, 200 Constitution and such supply or production is related to Avenue, NW., Washington, DC 20210 during (4) The increase in imports normal business hours or will be mailed to the article or service that was the basis persons who write to the above address. contributed importantly to such for such certification; and workers’ separation or threat of (3) Either— Dated: January 13, 2010. separation and to the decline in the (A) The workers’ firm is a supplier Elliott S. Kushner, sales or production of such firm; or and the component parts it supplied to Certifying Officer, Division Of Trade II. Section 222(a)(2)(B), all of the the firm described in paragraph (2) Adjustment Assistance. following must be satisfied: accounted for at least 20 percent of the [FR Doc. 2010–1312 Filed 1–22–10; 8:45 am] (1) A significant number or proportion production or sales of the workers’ firm; BILLING CODE 4510–FN–P of the workers in such workers’ firm or have become totally or partially (B) A loss of business by the workers’ separated, or are threatened to become firm with the firm described in DEPARTMENT OF LABOR totally or partially separated; paragraph (2) contributed importantly to (2) One of the following must be the workers’ separation or threat of Employment and Training satisfied: separation. Administration (A) There has been a shift by the In order for an affirmative workers’ firm to a foreign country in the Notice of Determinations Regarding determination to be made for adversely production of articles or supply of Eligibility To Apply for Worker affected workers in firms identified by services like or directly competitive Adjustment Assistance the International Trade Commission and with those produced/supplied by the a certification issued regarding In accordance with Section 223 of the workers’ firm; eligibility to apply for worker Trade Act of 1974, as amended (19 (B) There has been an acquisition adjustment assistance, each of the group U.S.C. 2273) the Department of Labor from a foreign country by the workers’ eligibility requirements of Section 222(f) herein presents summaries of firm of articles/services that are like or of the Act must be met. determinations regarding eligibility to directly competitive with those (1) The workers’ firm is publicly apply for trade adjustment assistance for produced/supplied by the workers’ firm; identified by name by the International workers by (TA–W) number issued and Trade Commission as a member of a during the period of November 16 (3) The shift/acquisition contributed domestic industry in an investigation through November 27, 2009. importantly to the workers’ separation resulting in— In order for an affirmative or threat of separation. (A) An affirmative determination of determination to be made for workers of In order for an affirmative serious injury or threat thereof under a primary firm and a certification issued determination to be made for adversely section 202(b)(1); regarding eligibility to apply for worker affected workers in public agencies and (B) An affirmative determination of adjustment assistance, each of the group a certification issued regarding market disruption or threat thereof eligibility requirements of Section eligibility to apply for worker under section 421(b)(1); or 222(a) of the Act must be met. adjustment assistance, each of the group (C) An affirmative final determination I. Under Section 222(a)(2)(A), the eligibility requirements of Section of material injury or threat thereof under following must be satisfied: 222(b) of the Act must be met. section 705(b)(1)(A) or 735(b)(1)(A) of (1) A significant number or proportion (1) A significant number or proportion the Tariff Act of 1930 (19 U.S.C. of the workers in such workers’ firm of the workers in the public agency have 1671d(b)(1)(A) and 1673d(b)(1)(A)); have become totally or partially become totally or partially separated, or (2) The petition is filed during the separated, or are threatened to become are threatened to become totally or 1-year period beginning on the date on totally or partially separated; partially separated; which—

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(A) A summary of the report TA–W–72,051; Jacobs Chuck 222(a)(2)(B) (shift in production or submitted to the President by the Manufacturing Company, Danaher services) of the Trade Act have been International Trade Commission under Corporation, Leased Workers Etcon met. section 202(f)(1) with respect to the Staffing & Innovative Engineering, TA–W–70,737; Meggitt Aircraft Braking affirmative determination described in Clemson, SC: August 14, 2008. Systems Corporation, Akron, OH: paragraph (1)(A) is published in the TA–W–70,007; Prime Tanning May 19, 2008. Federal Register under section 202(f)(3); Company, Hartland, ME: May 18, TA–W–71,008; American Precision or 2008. Industries, Inc., Leased Workers (B) Notice of an affirmative TA–W–70,243; International Paper from Adecco and EGW Personnel determination described in Company, Franklin, VA: May 19, Staffing, Amherst, NY: June 4, 2008. subparagraph (1) is published in the 2008. TA–W–71,082; Hart & Cooley, Inc., Federal Register; and TA–W–70,380; Americas Styrenics, LLC, Leased Workers from Demand Staff (3) The workers have become totally Leased Workers from Pioneer Pipe and Personnel Services, Winters, or partially separated from the workers’ Company, Marietta, OH: May 20, TX: June 4, 2008. firm within— 2008. TA–W–71,105; Medtronic, Inc., Spring (A) The 1-year period described in TA–W–70,473; United States Steel Lake Park Operation, Leased paragraph (2); or Corporation, Lorain, OH: May 21, Workers from Manpower (B) Notwithstanding section 223(b)(1), 2008. Temporary Services, Minneapolis, TA–W–70,683; E.I. DuPont De Nemours the 1-year period preceding the 1-year MN: June 8, 2008. and Company, DuPont Protection period described in paragraph (2). TA–W–71,123; Schott Solar, Inc., Leased Technologies Division, Leased Workers from National Engineering, Affirmative Determinations for Worker Workers Schenker Logistics, Old Billerica, MA: June 9, 2008. Adjustment Assistance Hickory, TN: May 26, 2008. TA–W–71,207; Sanford Business to TA–W–70,789; Masterbrand Cabinet, The following certifications have been Business, Leased Workers of Inc., Leased Workers from issued. The date following the company Manpower, Inc. and Spherion, Manpower and Aerotek, Inc., name and location of each Janesville, WI: June 12, 2008. determination references the impact Littlestown, PA: May 27, 2008. TA–W–70,898; Ram Tool Company, TA–W–71,438; The Gillette Company, date for all workers of such Proctor and Gamble Blades & determination. Inc., Leased Workers from Partners for Performance, Conneaut Lake, Razers Div., Lease Workers Adecco The following certifications have been and Technical, Boston, MA: June issued. The requirements of Section PA: June 2, 2008. TA–W–71,084; Sierra Pacific Industries, 24, 2008. 222(a)(2)(A) (increased imports) of the TA–W–71,546; Bodet and Horst USA LP, Trade Act have been met. Quincy, CA: May 19, 2008. TA–W–71,303; New Page Corporation, Leased Workers From Select TA–W–70,645; B.A. Ballou and Cerberus Capital Management L.P./ Staffing and Workforce Carolina, Company, Inc., Leased Workers Leased Workers ADECCO Staffing, Mt. Airy, NC: July 6, 2008. from Skill Master, East Providence, Wickliffe, KY: June 18, 2008. TA–W–71,624; Teknor Apex Company, RI: September 15, 2008. TA–W–71,765; Robin Industries, Inc., Keknor Color Division, Hebronville, TA–W–70,719; Joseph T. Ryerson and Berlin Division, Berlin, OH: July 10, MA: July 8, 2008. Son, Inc., On-Site Workers from 2008. TA–W–71,729; Beresford Box, Inc., YRC Logistics and Staff Mark, TA–W–72,243; Frank J. Upchurch Spartanburg, SC: July 17, 2008. Portland, OR: May 19, 2008. Company, Charlotte, NC: September TA–W–71,777; Fleetwood Travel TA–W–71,570; Sekisui Voltek, LLC, 9, 2008. Trailers of Ohio, Edgerton, OH: June Coldwater Division, Sekisui TA–W–72,296; Kimball International, 29, 2008. Chemical Company, Coldwater, MI: Inc., Kimball Office Sales and TA–W–71,826; Weyerhaeuser Arcadia July 7, 2008. Marketing Division, Jasper, IN: OSB Engineered Wood Products, TA–W–71,698A; Hubbell, Inc. Delaware, September 14, 2008. Formerly Weyerhaeuser Co., I Level, Electrical Products Group, TA–W–72,371; Gardau Ameristeel, APG Engineered Wood Products Electrical Products Group, Kellems Security, 5 Brothers Lube, Perth Division, Simsboro, LA: July 27, Division, Milford, CT: July 15, 2008. Amboy, NJ: September 21, 2008. 2008. TA–W–71,698B; Hubbell, Inc TA–W–70,471; SpringBoard Technology TA–W–71,901; The Neff Company (CPI), (Delaware), Newtown, CT: July 15, Corporation, Springfield, MA: May Neff Motivation, Inc., Marysville, 2008. 19, 2008. OH: July 31, 2008. TA–W–71,698C; Hubbell, Inc. TA–W–71,819B; Williamsburg TA–W–72,414; Hanes Menswear Puerto (Delaware), Premise Wiring Manufacturing, Williamsburg, IA: Rico, Inc., Leased Workers from J. R. Division, Stonington, CT: July 15, July 20, 2008. Ortiz Security, Inc., Ponce, PR: 2008. TA–W–72,363; David Rothschild September 22, 2008. TA–W–71,698D; Hubble, Inc. Company, Inc., Leased Workers TA–W–72,450; Hope Global of Detroit, (Delaware), Electrical Segment, from A and Y Staffing Service, Leased Workers from Staffing Electrical Systems, Orange, CT: July Reidsville, NC: September 15, 2008. Network and DMEA, Detroit, MI: 15, 2008. TA–W–72,419; Invista, S.A’R.L., September 29, 2008. TA–W–71,698; Hubbell, Inc. (Delaware), Performance Surfaces and TA–W–72,490A; Panduit Corporation., Wiring Device, Kellems Division, Materials Division/Koch Industries, Leased Workers of Aerotek, Tinley Leased Workers from Adecco, Inc., Athens, GA: September 22, Park, IL: September 29, 2008. Bridgeport, CT: July 15, 2008. 2008. TA–W–72,490; Panduit Corporation, TA–W–72,654; Mount Vernon Neon, TA–W–72,858; Class Fashion, Inc., New Leased Workers of Aerotek, New Everbrite, LLC, Leased Workers of York, NY: November 15, 2008. Lenox, IL: September 29, 2008. Manpower, Mount Vernon, IL: The following certifications have been TA–W–72,636; Dukes Titan Aviation October 15, 2008. issued. The requirements of Section LLC, Leased Workers of Jobiusa

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Staffing, Findlay, OH: October 20, TA–W–71,886D; Property Insight, Prince 222(b) (adversely affected workers in 2008. Georges County, Upper Marlboro, public agencies) of the Trade Act have TA–W–72,702; Benchmark Electronics, MD: July 27, 2008. been met. Inc., Benchmark Division/Leased TA–W–71,886; Property Insight, None. Workers from Express Personnel, Baltimore County Facility, Towson, The following certifications have been Beaverton, OR: October 16, 2008. MD: July 27, 2008. issued. The requirements of Section TA–W–72,228; Freescale TA–W–72,748; New United Motor 222(c) (supplier to a firm whose workers Semiconductor, Inc., Oak Hill NPI Manufacturing, Inc., Venture of are certified eligible to apply for TAA) Assembly Engineering Division, General Motors & Toyota Motor, of the Trade Act have been met. Leased Workers From Corestaff, Austin, TX: September 4, 2008. TA–W–72,252; Avaya Inc., Technical TA–W–71,156; G-Seven Ltd, Hatfield, Fremont, CA: October 29, 2008. PA: June 10, 2008. TA–W–72,834; Covercraft Industries, Integration Organization/Avaya Professional Services, Basking TA–W–71,548; U.S. Steel Tubular Inc., Fremont, OH: November 9, Products, Inc., Tubular Processing 2008. Ridge, NJ: May 28, 2008. TA–W–72,337; Intermec Technologies Services Division, Leased Workers TA–W–70,763; Steelcase, Inc., Kentwood Corporation, Charlotte Service of Harbor American Texas, Regional Distribution Center, Depot, Leased Workers From Pace Houston, TX: July 3, 2008. Kentwood, MI: May 27, 2008. Staffing Network, Charlotte, NC: TA–W–71,819A; Marada Industries, TA–W–70,839A; Tele Atlas North September 16, 2008. Inc., Division of Magna America, Inc, Concord, MA: May TA–W–72,453; Perot Systems, Data International, Westminster, MD: 20, 2008. Center Operations Department, July 20, 2008. TA–W–70,839B; Tele Atlas North Plano, TX: September 28, 2008. TA–W–71,819; Benco Manufacturing, America, Inc, Detroit, MI: May 20, TA–W–72,643; Seagate Technology LLC, Div. of Magna Intern’l, Temp 2008. Corporate Headquarters, Leased Associates, Manpower, Belle Plaine, TA–W–70,839C; Tele Atlas North Workers of Spherion, IA: July 20, 2008. America, Inc, Redwood, CA: May Workforcelogic, Scotts Valley, CA: TA–W–70,483; Novellus Systems Inc., 20, 2008. May 29, 2008. Boise, ID: May 21, 2008. TA–W–70,839; Tele Atlas North TA–W–72,723; Amdocs, Inc., Customer TA–W–71,915A; Plum Creek, Clearwater America, Inc, Including Off-Site Care and Billing Division, IQN, Division/Plum Creek Timber, Workers Reporting to this Location, Working in Many States, Leased Workers Work Force, Lebanon, NH: May 20, 2008. Chesterfield, MO: October 27, 2008. Streamside, Seeley Lake, MT: July 6, TA–W–71,208; Steelcase, Inc., Kentwood TA–W–71,054A; Apria Healthcare, 2008. East and West Plants/Leased Leased Workers from Corestaff, TA–W–71,915; Plum Creek, Clearwater Workers of Manpower Professional, Indianapolis, IN: June 5, 2008. Division/Plum Creek Timber, Kentwood, MI: May 27, 2008. TA–W–71,054B; Apria Healthcare, Leased Workers Work Force, TA–W–72,416; Gates Denver Machining Leased Workers from Corestaff, Streamside, Missoula, MT:July 6, Center, Gates Corporation, Denver, Mechesney Park, IL: June 5, 2008. 2008. CO: September 24, 2008. TA–W–71,054C; Apria Healthcare, TA–W–72,250; Cleanpak International, TA–W–72,717; QRS Music Leased Workers from Corestaff, CES Group/Leased Workers from Technologies, Inc., Seneca, PA: Cromwell, CT: June 5, 2008. Aerotek Commerical Staffing, June 16, 2009. TA–W–71,054D; Apria Healthcare, Clackamas, OR: September 8, 2008. TA–W–71,208A; Steelcase, Inc., Leased Workers from Corestaff, TA–W–72,365; Axcelis Technologies, Corporate Development Center/ Tampa, FL: June 5, 2008. Inc., Boise, ID. September 17, 2008. Leased Workers of Manpower TA–W–71,054E; Apria Healthcare, The following certifications have been Professional, Caledonia, MI: May Leased Workers from Corestaff, issued. The requirements of Section 27, 2008. Minster, OH: June 5, 2008. 222(c) (downstream producer for a firm TA–W–71,054F; Apria Healthcare, TA–W–71,491; Teleperformance USA, whose workers are certified eligible to Leased Workers from Corestaff, St. Inc., Microsoft Office Live Support, apply for TAA) of the Trade Act have Louis, MO: June 5, 2008. been met. Salt Lake City, UT: June 26, 2008. TA–W–71,054G; Apria Healthcare, TA–W–71,716; Malibu-Kahlua Leased Workers from Corestaff, San None. International, Pernod Richard, Diego, CA: June 5, 2008. The following certifications have been Leased Workers from Accountemps, TA–W–71,054; Apria Healthcare, Leased issued. The requirements of Section Advantage Brook, Independent, Workers from Corestaff, Foothill 222(f) (firms identified by the White Plains, NY: July 9, 2008. Ranch, CA: June 5, 2008. International Trade Commission) of the TA–W–71,746; International Business TA–W–71,899; Warner Music, Inc., Trade Act have been met. Machines Corporation (IBM), Global Warner Music Group, Corp., Leased TA–W–71,111; Evraz Oregon Steel Mills, Services, Integrated Tech. Leased Workers From Spherion, Burbank, Inc., Evraz, Inc., North America/ Workers from CDI Business CA: July 31, 2008. Leased Workers from Robert Half, Solutions, Lexington, KY: July 17, TA–W–72,467; Advanta Bank Portland, OR: July 28, 2007. 2008. Corporation, Collections Call Center TA–W–71,886A; Property Insight, Division, Draper, UT: September 28, Negative Determinations for Worker Baltimore City, Baltimore, MD: July 2008. Adjustment Assistance 27, 2008. TA–W–72,517; American Institute of In the following cases, the TA–W–71,886B; Property Insight, Physics, Publishing Center Division, investigation revealed that the eligibility Frederick County, Frederick, MD: Leased Workers From Office Team, criteria for worker adjustment assistance July 27, 2008. Access Staffing, Melville, NY: have not been met for the reasons TA–W–71,886C; Property Insight, September 30, 2008. specified. Harford County, Bel Air, MD: July The following certifications have been The investigation revealed that the 27, 2008. issued. The requirements of Section criterion under paragraph (a)(1), or

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(b)(1), or (c)(1) (employment decline or The investigation revealed that the c by 11 inch paper with one inch threat of separation) of section 222 has criteria under paragraphs (b)(2) and margins on all four sides. not been met. (b)(3) (public agency acquisition of DATES: All briefs submitted in response TA–W–70,708; Wilson Sporting Goods services from a foreign country) of to this notice shall be filed with the Company, Team Sports Division, section 222 have not been met. Clerk of the Board on or before February Ada, OH. None. 16, 2010. TA–W–72,630; Daedalus Technologies The investigation revealed that ADDRESSES: All briefs shall be captioned Inc., Daedalus Technologies of criteria of Section 222(c)(2) has not been ‘‘Stella Crumpler v. Department of Quebec Canada, Kennesaw, GA. met. The workers’ firm (or subdivision) Defense’’ and entitled ‘‘Amicus Brief.’’ The investigation revealed that the is not a Supplier to or a Downstream Only one copy of the brief need be criteria under paragraphs (a)(2)(A)(i) Producer for a firm whose workers were submitted. Briefs must be filed with the (decline in sales or production, or both) certified as eligible to apply for TAA. Office of the Clerk of the Board, Merit and (a)(2)(B) (shift in production or None. Systems Protection Board, 1615 M services to a foreign country) of section I hereby certify that the aforementioned Street, NW., Washington, DC 20419. 222 have not been met. determinations were issued during the period FOR FURTHER INFORMATION CONTACT: TA–W–71,100; Standard Precision of November 16 through November 27, 2009. Matthew Shannon, Deputy Clerk of the Manufacturing, Meadville, PA. Copies of these determinations are available Board, (202) 653–7200. The investigation revealed that the for inspection in Room N–5428, U.S. William D. Spencer, criteria under paragraphs(a)(2)(A) Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210 during (increased imports) and (a)(2)(B) (shift Clerk of the Board. normal business hours or will be mailed to [FR Doc. 2010–1378 Filed 1–22–10; 8:45 am] in production or services to a foreign persons who write to the above address. country) of section 222 have not been BILLING CODE 7400–01–P met. Dated: January 14, 2010. TA–W–70,072; Maxon Furniture, Inc., Elliott S. Kushner Leased Workers From Select Certifying Officer Division of Trade NATIONAL AERONAUTICS AND Staffing, Salisbury, NC. Adjustment Assistance. SPACE ADMINISTRATION [FR Doc. 2010–1313 Filed 1–22–10; 8:45 am] TA–W–70,267A; Boise Cascade LLC [Notice: (10–009)] Inland Region, Stud Mill, Elgin, OR. BILLING CODE 4510–FN–P TA–W–70,267; Boise Cascade LLC Notice of Information Collection Inland Region, Plywood Mill, Elgin, AGENCY: National Aeronautics and OR. MERIT SYSTEMS PROTECTION Space Administration (NASA). TA–W–70,559; Horn Textile, Inc., BOARD Titasville, PA. ACTION: Notice of information collection. TA–W–70,754; NYPac Leather, LLC, Merit Systems Protection Board Gloversville, NY. (MSPB) Provides Notice of Opportunity SUMMARY: The National Aeronautics and TA–W–70,759; Lund Boat Company, A To File Amicus Briefs Space Administration, as part of its Subsidiary of Brunswick continuing effort to reduce paperwork Corporation, New York Mills, MN. AGENCY: Merit Systems Protection and respondent burden, invites the TA–W–70,863; Chevron Mining, Inc., Board. general public and other Federal Questa Mine, Questa, NM. ACTION: Notice. agencies to take this opportunity to TA–W–70,877; Schmidt-Hardy comment on proposed and/or Chevrolet, Dealership Service SUMMARY: Pursuant to 5 U.S.C. 7521 and continuing information collections, as Department, Cuba, MO. 5 CFR 1201.131, the Merit Systems required by the Paperwork Reduction TA–W–71,051; Seymour Tubing, Inc., Protection Board (MSPB) is providing Act of 1995 (Pub. L. 104–13, 44 U.S.C. Dunlap, TN. notice of the opportunity to file amicus 3506(c)(2)(A)). TA–W–71,596; ATS Systems Oregon, briefs in the matter of Stella Crumpler DATES: All comments should be Corvallis, OR. v. Department of Defense, MSPB Docket submitted within 30 calendar days from TA–W–71,651; Keystone Findings, Inc., Number DC–0752–09–0033–R–1, 2009 the date of this publication. MSPB 233. Crumpler raises the question Telford, PA. ADDRESSES: All comments should be of whether, pursuant to 5 CFR Part 732, TA–W–70,778; Guide Corporation, addressed to Lori Parker, National National Security Position, the rule in Anderson, IN. Aeronautics and Space Administration, Department of the Navy v. Egan, 484 TA–W–71,643; Dietrich Industries, Inc., Washington, DC 20546–0001. Worthington Industries, Pittsburgh, U.S. 518, 530–31 (1988), limiting the FOR FURTHER INFORMATION CONTACT: PA. scope of MSPB review of a removal Requests for additional information or TA–W–71,780; Getrag Corporation, decision based on the revocation of a copies of the information collection Leased Workers from Eger, Inc., security clearance also applies to a instrument(s) and instructions should Kontec U.S.A., LLC, Sterling removal from a ‘‘non-critical sensitive’’ be directed to Lori Parker, NASA PRA Heights, MI. position due to the employee having TA–W–71,863; UAW Local 1999, been denied continued eligibility for Officer, NASA Headquarters, 300 E Oklahoma City, OK. employment in a sensitive position. Street SW., JF000, Washington, DC TA–W–72,275; Anheuser-Busch, Inc., Interested parties may submit amicus 20546, (202) 358–1351, Lori.Parker- Mount Vernon, IL. briefs or other comments on this issue [email protected]. TA–W–72,413; Classic Automotive, Inc., no later than February 16, 2010. Amicus SUPPLEMENTARY INFORMATION: Cullman, AL. briefs must be filed with the Clerk of the TA–W–72,522; Glass and Glazing Board. Briefs shall not exceed 15 pages I. Abstract Forensics, Inc., Troy, MI. in length. The text shall be double- NASA grants patent licenses for the TA–W–72,859; RJ America Inc, spaced, except for quotations and commercial application of NASA- Brooklyn, NY. footnotes, and the briefs shall be on 8 owned inventions. Each licensee is

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required to report annually on its ACTION: Notice of information collection. ways to enhance the quality, utility, and activities in commercializing its clarity of the information to be licensed inventions(s) and on any SUMMARY: The National Aeronautics and collected; and (4) ways to minimize the royalties due. NASA attorneys use this Space Administration, as part of its burden of the collection of information information to determine if a licensee is continuing effort to reduce paperwork on respondents, including automated achieving and maintaining practical and respondent burden, invites the collection techniques or the use of other application of the licensed inventions as general public and other Federal forms of information technology. required by its license agreement. agencies to take this opportunity to Comments submitted in response to comment on proposed and/or II. Method of Collection this notice will be summarized and continuing information collections, as included in the request for OMB The current paper-based system is required by the Paperwork Reduction approval of this information collection. used to collect the information. It is Act of 1995 (Pub. L. 104–13, 44 U.S.C. They will also become a matter of deemed not cost effective to collect the 3506(c)(2)(A)). public record. information using a Web site form since DATES: All comments should be the reports submitted vary significantly submitted within 30 calendar days from Lori Parker, in format and volume. the date of this publication. NASA PRA Clearance Officer. [FR Doc. 2010–1245 Filed 1–22–10; 8:45 am] III. Data ADDRESSES: All comments should be addressed to Mrs. Lori Parker, National BILLING CODE P Title: Patent License Report. Aeronautics and Space Administration, OMB Number: 2700–0010. Washington, DC 20546–0001. Type of review: Extension of currently NATIONAL AERONAUTICS AND FOR FURTHER INFORMATION CONTACT: approved collection. SPACE ADMINISTRATION Requests for additional information or Affected Public: Business or other for- copies of the information collection profit; individuals or households. instrument(s) and instructions should [Notice: (10–007)] Number of Respondents: 90. be directed to Mrs. Lori Parker, NASA Responses per Respondent: 1. Notice of Information Collection PRA Officer, NASA Headquarters, 300 E Annual Responses: 90. Street, SW., JE000, Washington, DC Hours per Request: 0.5 hour. AGENCY: National Aeronautics and 20546, (202) 358–1351, Lori.Parker- Annual Burden Hours: 45. Space Administration (NASA). [email protected]. Frequency of Report: Annually. ACTION: Notice of information collection. SUPPLEMENTARY INFORMATION: IV. Request for Comments SUMMARY: The National Aeronautics and I. Abstract Comments are invited on: (1) Whether Space Administration, as part of its the proposed collection of information The analysis of the Effective continuing effort to reduce paperwork is necessary for the proper performance Messaging Research survey will position and respondent burden, invites the of the functions of NASA, including NASA to effectively communicate general public and other Federal whether the information collected has Agency messages. agencies to take this opportunity to comment on proposed and/or practical utility; (2) the accuracy of II. Method of Collection NASA’s estimate of the burden continuing information collections, as (including hours and cost) of the All survey responses will be collected required by the Paperwork Reduction proposed collection of information; (3) by telephone and tabulated Act of 1995 (Pub. L. 104–13, 44 U.S.C. ways to enhance the quality, utility, and electronically. 3506(c)(2)(A)). clarity of the information to be III. Data DATES: All comments should be collected; and (4) ways to minimize the Title: Effective Messaging Research. submitted within 60 calendar days from burden of the collection of information the date of this publication. on respondents, including automated OMB Number: 2700–0113. collection techniques or the use of other Type of review: Extension of currently ADDRESSES: All comments should be forms of information technology. approved collection. addressed to Mrs. Lori Parker, National Comments submitted in response to Affected Public: Individuals and Aeronautics and Space Administration, this notice will be summarized and households, Business or other for-profit, Washington, DC 20546–0001. included in the request for OMB not-for-profit institutions, Federal FOR FURTHER INFORMATION CONTACT: approval of this information collection. Government, and State, Local or Tribal Requests for additional information or They will also become a matter of Government. copies of the information collection public record. Number of Respondents: 2700. instrument(s) and instructions should Responses Per Respondent: 1. be directed to Mrs. Lori Parker, NASA Lori Parker, Annual Responses: 2700. PRA Officer, NASA Headquarters, 300 E NASA Clearance Officer. Hours Per Request: 0.33 hours. Street, SW., JF000, Washington, DC [FR Doc. 2010–1237 Filed 1–22–10; 8:45 am] Annual Burden Hours: 900. 20546, (202) 358–1351, Lori.Parker- BILLING CODE P IV. Request for Comments [email protected]. Comments are invited on: (1) Whether SUPPLEMENTARY INFORMATION: the proposed collection of information NATIONAL AERONAUTICS AND I. Abstract SPACE ADMINISTRATION is necessary for the proper performance of the functions of NASA, including Pursuant to 35 U.S.C. 209, applicants [Notice: (10–008)] whether the information collected has for a license under a patent or patent Notice of Information Collection practical utility; (2) the accuracy of application must submit information in NASA’s estimate of the burden support of their request for a license. AGENCY: National Aeronautics and (including hours and cost) of the NASA uses the submitted information Space Administration (NASA). proposed collection of information; (3) to grant the license.

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II. Method of Collection required by the Paperwork Reduction IV. Request for Comments The current paper-based system is Act of 1995 (Pub. L. 104–13, 44 U.S.C. Comments are invited on: (1) Whether used to collect the information. It is 3506(c)(2)(A)). the proposed collection of information deemed not cost effective to collect the DATES: All comments should be is necessary for the proper performance information using a Web site form since submitted within 60 calendar days from of the functions of NASA, including the applications submitted vary the date of this publication. whether the information collected has significantly in format and volume. ADDRESSES: All comments should be practical utility; (2) the accuracy of NASA’s estimate of the burden III. Data addressed to Lori Parker, Mail Code JF, National Aeronautics and Space (including hours and cost) of the Title: Application for Patent License. Administration, Washington, DC 20546– proposed collection of information; (3) OMB Number: 2700–0039. 0001. ways to enhance the quality, utility, and Type of Review: Extension of clarity of the information to be currently approved collection. FOR FURTHER INFORMATION CONTACT: collected; and (4) ways to minimize the Affected Public: Business or other for- Requests for additional information or burden of the collection of information profit, and individuals or households. copies of the information collection on respondents, including automated Number of Respondents: 60. instrument(s) and instructions should collection techniques or the use of other Responses per Respondent: 1. be directed to Lori Parker, NASA PRA forms of information technology. Annual Responses: 60. Clearance Officer, NASA Headquarters, Hours per Request: 10 hours. 300 E Street, SW., Mail Code JF, Lori Parker, Annual Burden Hours: 600. Washington, DC 20546, (202) 358–1351, NASA PRA Clearance Officer. [email protected]. IV. Request for Comments [FR Doc. 2010–1254 Filed 1–22–10; 8:45 am] SUPPLEMENTARY INFORMATION: BILLING CODE P Comments are invited on: (1) Whether the proposed collection of information I. Abstract is necessary for the proper performance The National Aeronautics and Space NATIONAL AERONAUTICS AND of the functions of NASA, including Administration (NASA) is requesting SPACE ADMINISTRATION whether the information collected has extension of an existing collection, [Notice: (10–005)] practical utility; (2) the accuracy of NASA Mentor-Protege Program—Small NASA’s estimate of the burden Business and Small Disadvantaged Notice of Information Collection (including hours and cost) of the Business Concerns Report, that is used AGENCY: National Aeronautics and proposed collection of information; (3) to help NASA monitor mentor-protege Space Administration (NASA). ways to enhance the quality, utility, and performance and progress in accordance clarity of the information to be with the mentor-protege; agreement. ACTION: Notice of information collection. collected; and (4) ways to minimize the Respondents will be for-profit small burden of the collection of information SUMMARY: The National Aeronautics and disadvantaged businesses. The NASA Space Administration, as part of its on respondents, including automated Mentor-Protege; Program is designed to collection techniques or the use of other continuing effort to reduce paperwork provide incentives for NASA prime and respondent burden, invites the forms of information technology. contractors to assist small Comments submitted in response to general public and other Federal disadvantaged business (SDB) concerns, this notice will be summarized and agencies to take this opportunity to Historically Black Colleges and included in the request for OMB comment on proposed and/or Universities (HBCUs), minority approval of this information collection. continuing information collections, as institutions (MIs), and women-owned They will also become a matter of required by the Paperwork Reduction small business (WOSB) concerns, in public record. Act of 1995 (Pub. L. 104–13, 44 U.S.C. enhancing their capabilities to perform 3506(c)(2)(A)). Lori Parker, NASA contracts and subcontracts. DATES: All comments should be NASA Clearance Officer. II. Method of Collection submitted within 30 calendar days from [FR Doc. 2010–1250 Filed 1–22–10; 8:45 am] the date of this publication. BILLING CODE P NASA uses electronic methods to collect information from collection ADDRESSES: All comments should be respondents. addressed to Lori Parker, National Aeronautics and Space Administration, NATIONAL AERONAUTICS AND III. Data Washington, DC 20546–0001. SPACE ADMINISTRATION Title: NASA Mentor-Protege FOR FURTHER INFORMATION CONTACT: [Notice: (10–006)] Program—Small Business and Small Requests for additional information or copies of the information collection Notice of Information Collection Disadvantaged Business Concerns Report. instrument(s) and instructions should AGENCY: National Aeronautics and OMB Number: 2700–0078. be directed to Lori Parker, NASA Space Administration (NASA). Type of Review: Extension of a Clearance Officer, NASA Headquarters, ACTION: Notice of information collection. currently approved collection. 300 E Street, SW., JE0000, Washington, DC 20546, (202) 358–1351, Lori.Parker- Number of Respondents: 20. SUMMARY: The National Aeronautics and [email protected]. Affected Public: Business or other for- Space Administration, as part of its SUPPLEMENTARY INFORMATION: continuing effort to reduce paperwork profit: 10. and respondent burden, invites the Estimated Time per Response: 1.5 I. Abstract general public and other Federal hours. The subject information collection agencies to take this opportunity to Estimated Total Annual Burden involves the collection of data to comment on proposed and/or Hours: 30. support the development of the National continuing information collections, as Estimated Total Annual Cost: $0. Aviation Safety Strategic Plan (NASSP)

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with strategies aligned with current and NATIONAL SCIENCE FOUNDATION Dated: January 19, 2010. projected aviation safety issues. A major Susanne Bolton, step in the development of the NASSP Proposal Review Panel for Chemistry; Committee Management Officer. is the collection and analysis of Notice of Meeting [FR Doc. 2010–1266 Filed 1–22–10; 8:45 am] worldwide safety issues. In accordance with the Federal BILLING CODE 7555–01–P II. Method of Collection Advisory Committee Act (Pub. L. 92– 463, as amended), the National Science Aviation stakeholders will be Foundation announces the following NUCLEAR REGULATORY contacted via electronic means and meeting. COMMISSION asked to respond by filling out a Name: Centers for Chemical questionnaire. They will have the [Docket No. 50–400; NRC–2010–0020] Innovation (CCI) Phase I Cyber Review option of printing it and filling it out Panel, Proposal Review Panel for manually and then returning it via Carolina Power & Light Company Chemistry, #1191. Shearon Harris Nuclear Power Plant, traditional mail, filling it out Dates & Times: February 23, 2010; electronically and returning via email, Unit 1 Environmental Assessment and 8:30 a.m.–4:30 p.m. February 24, 2010; Finding of No Significant Impact or visiting a Web site where the 8:30 a.m.–4 p.m. questionnaire can be filled out online. Place: NCSA ACCESS (National The U.S. Nuclear Regulatory The information will be collected by the Center for Supercomputing Commission (NRC) is considering JPDO Aviation Safety Working Group’s Applications); 901 N. Stuart Street #800, issuance of an exemption, pursuant to Strategic Planning Subcommittee and Arlington, VA 22203. Title 10 of the Code of Federal used to determine the efficacy of the Type of Meeting: Part-open. Regulations (10 CFR) Section 73.5, Aviation Safety Strategic Plan. Contact Person: Dr. William Brittain, ‘‘Specific Exemptions,’’ from the III. Data Program Director, Chemistry Centers implementation date for certain new Program, Division of Materials Research, requirements of 10 CFR Part 73, Title: Biennial NextGen Safety Issue Room 1055, National Science ‘‘Physical Protection of Plants and Survey. Foundation, 4201 Wilson Boulevard, Materials,’’ for Renewed Facility OMB Number: 2700–XXXX. Arlington, VA 22230, (703) 292–5039. Operating License No. NPF–63, issued Type of Review: New Collection. Purpose of Meeting: Review progress to Carolina Power & Light Company (the Affected Public: Business or other for- of Phase I CCI awards. licensee), now doing business as profit. Agenda Progress Energy Carolinas, Inc. (PEC), Estimated Number of Respondents: for operation of the Shearon Harris 100. Tuesday, Feb 23, 2010 (All Times Nuclear Power Plant, Unit 1 (HNP), Estimated Number of Responses per Eastern) located in New Hill, North Carolina. Respondent: 1. In accordance with 10 CFR 51.21, Estimated Time per Response: 2 8:30–9:30, Closed Charge to Panel, instructions and discussion ‘‘Criteria for and identification of hours. licensing and regulatory actions Estimated Total Annual Burden 9:30–12, Open Presentation from ‘‘ ’’ requiring environmental assessments,’’ Hours: 200 hours. Center for Molecular Interfacing 12–12:30, Closed Discussions (NSF, the NRC prepared an environmental Estimated Annual Cost for panel, CMI) assessment documenting its finding. Respondents: $0.00. 12:30–1:30, Lunch The NRC concluded that the proposed IV. Request for Comments 1:30–4, Open Presentation from actions will have no significant ‘‘Center for Green Materials environmental impact. Comments are invited on: (1) Whether Chemistry (CGMC)’’ the proposed collection of information 4–4:30, Closed Discussions (NSF staff, Environmental Assessment is necessary for the proper performance panel, CGMC) Identification of the Proposed Action of the functions of NASA, including 4:30–5:30, Closed Panel discussions The proposed action would exempt whether the information collected has and work on panel summaries practical utility; (2) the accuracy of HNP from the required implementation NASA’s estimate of the burden Wednesday, Feb 24, 2010 (All Times date of March 31, 2010, for several new (including hours and cost) of the Eastern) requirements of 10 CFR Part 73. proposed collection of information; (3) 8:30–9, Closed Panel discussions Specifically, HNP would be granted an ways to enhance the quality, utility, and 9:00–11:30, Open Presentation from exemption from being in full clarity of the information to be ‘‘Center for the Chemistry of the compliance with certain new collected; and (4) ways to minimize the Universe (CCU)’’ (NSF staff, panel, requirements contained in 10 CFR burden of the collection of information CCU) 73.55, ‘‘Requirements for physical on respondents, including automated 12:00–12:30, Closed Discussions (NSF protection of licensed activities in collection techniques or the use of other staff, panel, CCU) nuclear power reactors against forms of information technology. 12:30–4, Closed Lunch, panel radiological sabotage,’’ by the March 31, Comments submitted in response to summaries, Panel discussions, 2010, deadline. PEC has proposed an this notice will be summarized and finalizing summary reports alternate full compliance included in the request for OMB Reason for Closing: Topics to be implementation date of July 30, 2010, approval of this information collection. discussed and evaluated during the site for one requirement, and December 15, They will also become a matter of review will include information of a 2010, for two other requirements, which public record. proprietary or confidential nature, is approximately four months and eight including technical information; and and a half months, respectively, beyond Lori Parker, information on personnel. These matters the date required by 10 CFR Part 73. The NASA Clearance Officer. are exempt under 5 U.S.C. 552b(c), (4) proposed action, an extension of the [FR Doc. 2010–1257 Filed 1–22–10; 8:45 am] and (6) of the Government in the schedule for completion of certain BILLING CODE P Sunshine Act. actions required by the revised 10 CFR

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Part 73, does not involve any physical impacts associated with the proposed November 30, 2009 letter, as well as the changes to the reactor, fuel, plant action. In addition, in promulgating its December 16, 2009 letter in its entirety structures, support structures, water, or revisions to 10 CFR Part 73, the contain security-related information land at the HNP site. Commission prepared an environmental and, accordingly, are not available to the The proposed action is in accordance assessment and published a finding of public. Other parts of these documents with the licensee’s application dated no significant impact (Part 73, Power may be examined, and/or copied for a November 30, 2009, as supplemented by Reactor Security Requirements, 74 FR fee, at the NRC’s Public Document letter dated December 16, 2009. 13926 through 13967, dated March 27, Room (PDR), located at One White Flint The Need for the Proposed Action 2009). North, Public File Area O–1F21, 11555 The NRC staff’s safety evaluation will Rockville Pike (first floor), Rockville, The proposed action is needed to be provided in the exemption that will Maryland 20852. Publicly available provide the licensee with additional be issued as part of the letter to the records will be accessible electronically time to perform the required upgrades to licensee approving the exemption to the from the Agencywide Document Access the HNP security system due to the need regulation, if granted. and Management System (ADAMS) to design, resource, construct, and test Public Electronic Reading Room on the three significant physical modifications Environmental Impacts of the Alternatives to the Proposed Action Internet at the NRC Web site: http:// to the current site security www.nrc.gov/reading-rm/adams.html. configuration, as well as other factors. As an alternative to the proposed Persons who do not have access to Environmental Impacts of the Proposed actions, the NRC staff considered denial ADAMS or who encounter problems in ‘‘ Action of the proposed actions (i.e., the no- accessing the documents located in action’’ alternative). If the proposed ADAMS should contact the NRC PDR The NRC has completed its action was denied, the licensee would Reference staff by telephone at 1–800– environmental assessment of the have to comply with the March 31, 397–4209 or 301–415–4737, or send an proposed exemption. The staff has 2010, implementation deadline. Denial e-mail to [email protected]. concluded that the proposed action to of the exemption request would result extend the implementation deadline in no change in current environmental Dated at Rockville, Maryland, this 14th day of January 2010. would not significantly affect plant impacts. Therefore, the environmental safety and would not have a significant impacts of the proposed exemption and For the Nuclear Regulatory Commission. adverse effect on the probability of an the ‘‘no action’’ alternative are similar. Marlayna Vaaler, accident occurring. Project Manager, Plant Licensing Branch 2– The proposed action would not result Alternative Use of Resources 2, Division of Operating Reactor Licensing, in an increased radiological hazard The action does not involve the use of Office of Nuclear Reactor Regulation. beyond those previously analyzed in the any different resources than those [FR Doc. 2010–1299 Filed 1–22–10; 8:45 am] environmental assessment and finding considered in the Final Environmental BILLING CODE 7590–01–P of no significant impact made by the Statement for HNP, NUREG–0972, dated Commission in promulgating its October 31, 1983, as supplemented revisions to 10 CFR Part 73 as discussed through the ‘‘Generic Environmental NUCLEAR REGULATORY in a Federal Register (FR) notice dated Impact Statement for License Renewal COMMISSION March 27, 2009 (74 FR 13967). There of Nuclear Plants: Regarding Shearon [Docket Nos. 50–424 and 50–425; NRC– will be no change to radioactive Harris Nuclear Power Plant, Unit 1— 2010–0023] effluents that affect radiation exposures Final Report (NUREG–1437, to plant workers and members of the Supplement 33).’’ Southern Nuclear Operating Company, public. Therefore, no changes or Inc.; Vogtle Electric Generating Plant, Agencies and Persons Consulted different types of radiological impacts Units 1 and 2; Environmental are expected as a result of the proposed In accordance with its stated policy, Assessment and Finding of No exemption. on December 18, 2009, the NRC staff Significant Impact The proposed action does not result consulted with the North Carolina State in changes to land use or water use, or official, Ms. Beverly Hall of the Division The U.S. Nuclear Regulatory result in changes to the quality or of Radiation Protection, with the North Commission (NRC) is considering quantity of non-radiological effluents. Carolina Department of Environment issuance of an Exemption, pursuant to No changes to the National Pollution and Natural Resources, regarding the Title 10 of the Code of Federal Discharge Elimination System permit environmental impact of the proposed Regulations (10 CFR) Section 73.5, are needed. No effects on the aquatic or action. The State official had no ‘‘Specific exemptions,’’ from the terrestrial habitat in the vicinity of the comments. implementation date for a certain new plant, or to threatened, endangered, or requirement of 10 CFR Part 73, protected species under the Endangered Finding of No Significant Impact ‘‘Physical protection of plants and Species Act, or impacts to essential fish On the basis of the environmental materials,’’ for Renewed Facility habitat covered by the Magnuson- assessment, the NRC concludes that the Operating License Nos. NPF–68 and Stevens Act are expected. There are no proposed action will not have a NPF–81, issued to Southern Nuclear impacts to the air or ambient air quality. significant effect on the quality of the Operating Company, Inc. (SNC, the There are no impacts to historical and human environment. Accordingly, the licensee), for operation of the Vogtle cultural resources. There would be no NRC has determined not to prepare an Electric Generating Plant, Units 1 and 2 impact to socioeconomic resources. environmental impact statement for the (VEGP), located in Burke County, Therefore, no changes to or different proposed action. Georgia. In accordance with 10 CFR types of non-radiological environmental For further details with respect to the 51.21, the NRC prepared an impacts are expected as a result of the proposed action, see the licensee’s letter environmental assessment documenting proposed exemption. dated November 30, 2009, as its finding. The NRC concluded that the Accordingly, the NRC concludes that supplemented by letter dated December proposed actions will have no there are no significant environmental 16, 2009. Attachment 1 to the licensee’s significant environmental impact.

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Environmental Assessment No changes to the National Pollution of Nuclear Plants: Vogtle Electric Discharge Elimination System permit Generating Plant, Units 1 and 2—Final Identification of the Proposed Action are needed. No effects on the aquatic or Report (NUREG—1437, Supplement The proposed action would exempt terrestrial habitat in the vicinity of the 34).’’ the VEGP from the required plant, or to threatened, endangered, or implementation date of March 31, 2010, protected species under the Endangered Agencies and Persons Consulted for a certain new requirement of 10 CFR Species Act, or impacts to essential fish In accordance with its stated policy, Part 73. Specifically, VEGP would be habitat covered by the Magnuson- on January 5, 2010, the NRC staff granted an exemption from being in full Steven’s Act are expected. There are no compliance with a certain new impacts to the air or ambient air quality. consulted with the Georgia State requirement contained in 10 CFR 73.55 There are no impacts to historical and official, Mr. Jim Hardeman of the by the March 31, 2010, implementation cultural resources. There would be no Georgia Department of Natural deadline. SNC has proposed an alternate impact to socioeconomic resources. Resources, regarding the environmental full compliance implementation date of Therefore, no changes to or different impact of the proposed action. The State September 27, 2010, approximately 6 types of non-radiological environmental official had no comments. months beyond the date required by 10 impacts are expected as a result of the Finding of No Significant Impact CFR Part 73. The proposed action, an proposed exemption. extension of the schedule for Accordingly, the NRC concludes that On the basis of the environmental completion of certain actions required there are no significant environmental assessment, the NRC concludes that the by the revised 10 CFR Part 73, does not impacts associated with the proposed proposed action will not have a involve any physical changes to the action. In addition, in promulgating its significant effect on the quality of the reactor, fuel, plant structures, support revisions to 10 CFR Part 73, the human environment. Accordingly, the structures, water, or land at the VEGP Commission prepared an environmental NRC has determined not to prepare an assessment and published a finding of site. environmental impact statement for the The proposed action is in accordance no significant impact [Part 73, Power proposed action. with the licensee’s application dated Reactor Security Requirements, 74 FR November 6, 2009, as supplemented by 13926, 13967 (March 27, 2009)]. For further details with respect to the letter dated November 20, 2009. The licensee currently maintains a proposed action, see the licensee’s letter security program acceptable to the NRC dated November 6, 2009, as The Need for the Proposed Action and the new 10 CFR Part 73 security supplemented by letter dated November The proposed action is needed to measures that will be implemented by 20, 2009. Portions of the submittals provide the licensee with additional March 31, 2010, will continue to contain proprietary and security time to perform upgrades to the VEGP provide acceptable physical protection information and, accordingly, are not security system due to procurement, of the VEGP. Therefore, the extension of available to the public pursuant to 10 resource, and logistical impacts, the implementation date for the CFR 2.390. The public documents may including the spring 2010 Unit 2 specified new requirement of 10 CFR be examined, and/or copied for a fee, at refueling outage and other factors. Part 73, to September 27, 2010, would the NRC’s Public Document Room Environmental Impacts of the Proposed not have any significant environmental (PDR), located at One White Flint North, Action impacts. Public File Area O–1F21, 11555 The NRC staff’s safety evaluation will Rockville Pike (first floor), Rockville, The NRC has completed its be provided in the exemption that will environmental assessment of the be issued as part of the letter to the Maryland 20852. Publicly available proposed exemption. The staff has licensee approving the exemption to the records will be accessible electronically concluded that the proposed action to regulation, if granted. from the Agencywide Document Access extend the implementation deadline and Management System (ADAMS) would not significantly affect plant Environmental Impacts of the Public Electronic Reading Room on the safety and would not have a significant Alternatives to the Proposed Action Internet at the NRC Web site: http:// adverse effect on the probability of an As an alternative to the proposed www.nrc.gov/reading-rm/adams.html. accident occurring. actions, the NRC staff considered denial Persons who do not have access to The proposed action would not result of the proposed actions (i.e., the ‘‘no- ADAMS or who encounter problems in in an increased radiological hazard action’’ alternative). Denial of the accessing the documents located in beyond those previously analyzed in the exemption request would result in no ADAMS should contact the NRC PDR environmental assessment and finding change in current environmental Reference staff by telephone at 1–800– of no significant impact made by the impacts. If the proposed action was 397–4209 or 301–415–4737, or send an Commission in promulgating its denied, the licensee would have to revisions to 10 CFR Part 73 as discussed comply with the March 31, 2010, e-mail to [email protected]. in a Federal Register notice dated implementation deadline. The Dated at Rockville, Maryland, this 15th day March 27, 2009 (74 FR 13967). There environmental impacts of the proposed of January 2010. will be no change to radioactive exemption and the ‘‘no action’’ For the Nuclear Regulatory Commission. effluents that affect radiation exposures alternative are similar. Donna N. Wright, to plant workers and members of the public. Therefore, no changes or Alternative Use of Resources Project Manager Plant Licensing Branch II– 1, Division of Operating Reactor Licensing, different types of radiological impacts The action does not involve the use of Office of Nuclear Reactor Regulation. are expected as a result of the proposed any different resources than those exemption. considered in the Final Environmental [FR Doc. 2010–1307 Filed 1–22–10; 8:45 am] The proposed action does not result Statement for the VEGP, NUREG—1087, BILLING CODE 7590–01–P in changes to land use or water use, or dated March 1985, as supplemented result in changes to the quality or through the ‘‘Generic Environmental quantity of non-radiological effluents. Impact Statement for License Renewal

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NUCLEAR REGULATORY The Need for the Proposed Action implementation date of the new COMMISSION The proposed action is needed to requirements of 10 CFR Part 73 to September 24, 2012, would not have [NRC–2010–0019; Docket Nos. 50–390 and provide the licensee with additional 50–391] time to perform the required upgrades to any significant environmental impacts. The NRC staff’s safety evaluation will the WBN, Units 1 and 2 security system be provided in the exemption that will Tennessee Valley Authority; Watts Bar because they involve new components be issued as part of the letter to the Nuclear Plant, Units 1 and 2; and engineering that cannot be obtained licensee approving the exemption to the Environmental Assessment and or completed by the March 31, 2010, regulation, if granted. Finding of No Significant Impact implementation date. Environmental Impacts of the The U.S. Nuclear Regulatory Environmental Impacts of the Proposed Alternatives to the Proposed Action Commission (NRC) is considering Action As an alternative to the proposed issuance of an Exemption, pursuant to The NRC has completed its actions, the NRC staff considered denial Title 10 of the Code of Federal environmental assessment of the of the proposed actions (i.e., the ‘‘no- Regulations (10 CFR) Section 73.5, proposed exemption. The staff has ‘‘ ’’ action’’ alternative). Denial of the Specific exemptions, from the concluded that the proposed action to exemption request would result in no implementation date for certain new extend the implementation deadline change in current environmental requirements of 10 CFR Part 73, would not significantly affect plant ‘‘ impacts. If the proposed action was Physical protection of plants and safety and would not have a significant ’’ denied, the licensee would have to materials, for Facility Operating adverse effect on the probability of an comply with the March 31, 2010, License No. NPF–90, issued to accident occurring. implementation deadline. The Tennessee Valley Authority (TVA, the The proposed action would not result environmental impacts of the proposed licensee), for operation of the Watts Bar in an increased radiological hazard exemption and the ‘‘no action’’ Nuclear Plant (WBN), Unit 1, located in beyond those previously analyzed in the alternative are similar. Rhea County, Tennessee. This environmental assessment and finding consideration is also applicable to Unit of no significant impact made by the Alternative Use of Resources 2, currently under licensing process. In Commission in promulgating its The action does not involve the use of accordance with 10 CFR 51.21, the NRC revisions to 10 CFR Part 73 (74 FR prepared an environmental assessment any different resources than those 13967). There will be no change to considered in the Final Environmental documenting its finding. The NRC radioactive effluents that affect radiation concluded that the proposed actions Statement for the WBN, Units 1 and 2, exposures to plant workers and NUREG–0498, dated December 1978, will have no significant environmental members of the public. Therefore, no impact. and a supplement to the Final changes or different types of Environmental Statement (NUREG–0498 Environmental Assessment radiological impacts are expected as a Supplement 1), dated April 1995. result of the proposed exemption. Identification of the Proposed Action The proposed action does not result Agencies and Persons Consulted The proposed action would exempt in changes to land use or water use, or In accordance with its stated policy, the TVA from the required result in changes to the quality or on December 24, 2009, the NRC staff implementation date of March 31, 2010, quantity of non-radiological effluents. consulted with the Tennessee State for several new requirements of 10 CFR No changes to the National Pollution official, Elizabeth Flanagan of the Part 73. Specifically, WBN, Units 1 and Discharge Elimination System permit Tennessee Bureau of Radiological 2 would be granted an exemption from are needed. No effects on the aquatic or Health, regarding the environmental being in full compliance with certain terrestrial habitat in the vicinity of the impact of the proposed action. The State new requirements contained in 10 CFR plant, or to threatened, endangered, or official had no comments. 73.55 by the March 31, 2010, deadline. protected species under the Endangered TVA has proposed an alternate full Species Act, or impacts to essential fish Finding of No Significant Impact compliance implementation date of habitat covered by the Magnuson- On the basis of the environmental September 24, 2012, approximately two Steven’s Act are expected. assessment, the NRC concludes that the and half years beyond the date required There are no impacts to the air or proposed action will not have a by 10 CFR Part 73. The proposed action, ambient air quality. There are no significant effect on the quality of the an extension of the schedule for impacts to historical and cultural human environment. Accordingly, the completion of certain actions required resources. There would be no impact to NRC has determined not to prepare an by the revised 10 CFR Part 73, does not socioeconomic resources. Therefore, no environmental impact statement for the involve any physical changes to the changes to or different types of non- proposed action. reactor, fuel, plant structures, support radiological environmental impacts are For further details with respect to the structures, water, or land at the WBN, expected as a result of the proposed proposed action, see the licensee’s letter Units 1 and 2 site that were not exemption. dated November 6, 2009, as previously considered in the Accordingly, the NRC concludes that supplemented by letter dated January environmental assessment and finding there are no significant environmental 11, 2010. Portions of the November 6, of no significant impact made by the impacts associated with the proposed 2009, submittal contain safeguards and Commission in promulgating its action. security sensitive information and, revisions to 10 CFR Part 73, Power The licensee currently maintains a accordingly, are not available to the Reactor Security Requirements, 74 FR security system acceptable to the NRC public. Other parts of these documents 13926, 13967 (March 27, 2009). and will continue to provide acceptable may be examined, and/or copied for a The proposed action is in accordance physical protection of the WBN, Units 1 fee, at the NRC’s Public Document with the licensee’s application dated and 2 as TVA implements certain new Room (PDR), located at One White Flint November 6, 2009, as supplemented by requirements in 10 CFR Part 73. North, Public File Area O–1F21, 11555 letter dated January 11, 2010. Therefore, the extension of the Rockville Pike (first floor), Rockville,

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Maryland 20852. Publicly available 06, 71 NRC _(slip op. at 6–7, 19 (Jan. 7, (B) The rationale described in the records will be accessible electronically 2010))). final rule ‘‘Access Authorization from the Agencywide Document Access The Board is comprised of the Program for Nuclear Power Plants’’ (RIN and Management System (ADAMS) following administrative judges: 3150–AA90) published in the Federal Public Electronic Reading Room on the G. Paul Bollwerk III, Chair, Atomic Register on April 26, 1991 (56 FR Internet at the NRC Web site: http:// Safety and Licensing Board Panel, 18997); and www.nrc.gov/reading-rm/adams.html. U.S. Nuclear Regulatory (C) Nuclear Energy Institute’s (NEI) Persons who do not have access to Commission, Washington, DC implementation guidance in ‘‘Nuclear ADAMS or who encounter problems in 20555–0001; Power Plant Access Authorization accessing the documents located in Dr. Anthony J. Baratta, Atomic Safety Program’’ (NEI–03–01, Rev. 2). ADAMS should contact the NRC PDR and Licensing Board Panel, U.S. (3) That the petitioner be granted Reference staff by telephone at 1–800– Nuclear Regulatory Commission, access authorization without further 397–4209 or 301–415–4737, or send an Washington, DC 20555–0001; delay to perform his accepted job tasks e-mail to [email protected]. Dr. William W. Sager, Atomic Safety with all record of denial removed from and Licensing Board Panel, U.S. any and all records wherever found. Dated at Rockville, Maryland, this 14th day Nuclear Regulatory Commission, of January 2010. (4) Issue any other Order, or grant any Washington, DC 20555–0001. For the Nuclear Regulatory Commission. other relief, to which the petitioner may All correspondence, documents, and have shown himself entitled. John G. Lamb, other materials shall be filed in Senior Project Manager, Watts Bar Special As the basis for the request, the accordance with the NRC E-filing rule, petitioner states that Xcel is in violation Projects Branch, Division of Operating which the NRC promulgated in August Reactor Licensing, Office of Nuclear Reactor of 10 CFR 73.56 in denying him access Regulation. 2007 (72 FR 49,139). to the Prairie Island Nuclear Generating [FR Doc. 2010–1304 Filed 1–22–10; 8:45 am] Issued at Rockville, Maryland, this 15th Plant using the AA/FFD program by day of January 2010. BILLING CODE 7590–01–P basing the decision solely upon an E. Roy Hawkens, existing tax lien. The petitioner states Chief Administrative Judge, Atomic Safety that Xcel failed to base the decision to NUCLEAR REGULATORY and Licensing Board Panel. grant or deny unescorted access COMMISSION [FR Doc. 2010–1319 Filed 1–22–10; 8:45 am] authorization on a review and BILLING CODE 7590–01–P evaluation of all pertinent information. [Docket Nos. 50–438–CP, 50–439–CP; The petitioner states that Xcel failed to ASLBP No. 10–896–01–CP–BD01] incorporate all three elements (i.e., NUCLEAR REGULATORY background investigation, psychological Tennessee Valley Authority; COMMISSION assessment, and behavioral observation) Establishment of Atomic Safety and of the unescorted access authorization Licensing Board [Docket Nos. 50–282 and 50–306; NRC– 2010–0022] program when making the decision to Pursuant to delegation by the deny the petitioner unescorted access, Commission dated December 29, 1972, License Nos. DPR–42 and DPR–60; contrary to the rationale for rule ‘‘Access published in the Federal Register, 37 FR Northern States Power Company; Authorization Program for Nuclear 28,710 (1972), and the Commission’s Prairie Island Nuclear Generating Power Plants’’ (56 FR 18997). regulations, see 10 CFR 2.104, 2.105, Plant, Units 1 and 2; Receipt of The NRC is treating the petitioner’s 2.300, 2.313, 2.318, and 2.321, notice is Request for Action Under 10 CFR 2.206 request pursuant to 10 CFR 2.206, ‘‘ hereby given that an Atomic Safety and Notice is hereby given that by petition Requests for Action under This Licensing Board (Board) is being dated September 4, 2009, Mr. David Lee Subpart.’’ The request has been referred established to preside over the following Sebastian (petitioner) has requested that to the Director of the Office of Nuclear proceeding: the U.S. Nuclear Regulatory Reactor Regulation. As provided by Commission (NRC) take action with Section 2.206, the NRC will take Tennessee Valley Authority (Bellefonte appropriate action on this petition Nuclear Plant, Units 1 and 2) regard to the licensee for the Prairie Island Nuclear Generating Plant, Units 1 within a reasonable time. A copy of the This proceeding concerns a Petition to and 2. The Prairie Island Nuclear petition is available for inspection at the Intervene submitted by the Blue Ridge Generating Plant is operated by Commission’s Public Document Room Environment Defense League, its Northern States Power Company, (PDR), located at One White Flint North, chapter Bellefonte Efficiency and incorporated in Minnesota as a wholly Public File Area O1 F21, 11555 Sustainability Team, and the Southern owned subsidiary of Xcel Energy, Inc. Rockville Pike (first floor), Rockville, Alliance for Clean Energy in response to (Xcel). The petitioner requests that the MD 20852. Publicly available records a Federal Register Notice published on NRC: related to this action will be accessible March 13, 2009 (74 FR 10,969) stating (1) Order Xcel to cease and desist from the Agencywide Documents that any person adversely affected by from its current arbitrary and capricious Access and Management System the Commission’s determination to practices using the Access (ADAMS) Public Electronic Reading reinstate the construction permits for Authorization and Fitness for Duty (AA/ Room on the Internet at the NRC Web Bellefonte Nuclear Plant, Units 1 and 2, FFD) Programs other than their intended site, http://www.nrc.gov/reading-rm/ to be located in Jackson County, created intent, as they are being applied adams.html. Persons who do not have Alabama, may request a hearing. The against the petitioner. access to ADAMS or who encounter scope of the hearing request ‘‘is limited (2) Order compliance with: problems in accessing the documents to whether good cause exists for the (A) The NRC’s regulations under located in ADAMS should contact the reinstatement of the [construction Section 73.56, ‘‘Personnel Access NRC PDR reference staff by telephone at permits]’’ (ibid.; see also In the Matter of Authorization Requirements for Nuclear 1–800–397–4209 or 301–415–4737, or Tennessee Valley Authority (Bellefonte Power Plants,’’ of Title 10 of the Code by e-mail to [email protected]. The Nuclear Plant, Units 1 and 2), CLI–10– of Federal Regulations (10 CFR 73.56); ADAMS accession number for the

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incoming petition request is Department of the Army and Adult Education. Effective ML093380574. DWGS60076 Special Assistant to the December 4, 2009. For the Nuclear Regulatory Commission. Assistant Secretary of the Army (Civil DBGS00218 Executive Director of the Dated at Rockville, Maryland, this 15th day Works). Effective December 24, 2009. White House Initiative on Asian of January 2010. Department of Justice Americans and Pacific Islanders to the Eric J. Leeds, Under Secretary. Effective December Director, Office of Nuclear Reactor DJGS00155 Speechwriter to the 15, 2009. Regulation. Director, Office of Public Affairs. Effective December 17, 2009. DBGS00529 Special Assistant to the [FR Doc. 2010–1309 Filed 1–22–10; 8:45 am] Director, Faith-Based and Community BILLING CODE 7590–01–P Department of Agriculture Initiatives Center. Effective December DAGS00186 White House Liaison to 17, 2009. the Secretary. Effective December 4, DBGS00498 Special Assistant to the 2009. OFFICE OF PERSONNEL Principal Deputy Assistant Secretary. MANAGEMENT DAGS00320 Special Assistant to the Deputy Chief of Staff. Effective Effective December 22, 2009. Excepted Service December 16, 2009. Environmental Protection Agency AGENCY: U.S. Office of Personnel Department of Commerce EPGS10002 Senior Speech Writer to Management (OPM). DCGS60512 Senior Advisor to the the Associate Administrator for Public ACTION: Notice. Under Secretary of Commerce for Affairs. Effective December 8, 2009. Industry and Security. Effective SUMMARY: This gives notice of OPM December 1, 2009. Department of Energy decisions granting authority to make DCGS00502 Director of Advance to the appointments under Schedules A, B, Director of Scheduling and Advance. DEGS00780 Director, Office of and C in the excepted service as Effective December 10, 2009. Congressional Affairs to the Director required by 5 CFR 213.103. DCGS60371 Policy Advisor to the of Congressional, Intergovernmental, FOR FURTHER INFORMATION CONTACT: Chief of Staff for the National Oceanic and Public Affairs. Effective Roland Edwards, Senior Executive and Atmospheric Administration. December 10, 2009. Resource Services, Employee Services, Effective December 16, 2009. DEGS00781 Legislative Affairs 202–606–2246. DCGS00693 Policy Advisor to the Specialist to the Assistant Secretary Chief of Staff for the National Oceanic SUPPLEMENTARY INFORMATION: Appearing for Congressional and and Atmospheric Administration. in the listing below are the individual Intergovernmental Affairs. Effective Effective December 22, 2009. authorities established under Schedules December 24, 2009. A, B, and C between December 1, 2009, Department of Labor DEGS00783 Special Assistant to the and December 31, 2009. These notices DLGS00024 Special Assistant to the Deputy Director, Scheduling and are published monthly in the Federal Assistant Secretary for Disability Advance. Effective December 24, Register at http://www.gpoaccess.gov/ Employment Policy. Effective 2009. fr/. A consolidated listing of all December 1, 2009. DEGS00785 Staff Assistant to the authorities as of June 30 is also DLGS60076 Special Assistant to the published each year. The following Director, Office of Federal Contract General Counsel. Effective December Schedules are not codified in the Code Compliance Programs. Effective 31, 2009. of Federal Regulations. These are December 1, 2009. General Services Administration agency-specific exceptions. DLGS60107 Regional Representative to Schedule A the Assistant Secretary for GSGS01435 Special Assistant to the Congressional and Intergovernmental Regional Administrator. Effective No Schedule A authorities to report Affairs. Effective December 3, 2009. December 11, 2009. during December 2009. DLGS60142 Special Assistant to the GSGS01434 Federal Interagency Deputy Secretary of Labor. Effective Schedule B Councils Program Manager to the December 24, 2009. No Schedule B authorities to report Associate Administrator for during December 2009. Department of Education Governmentwide Policy. Effective DBGS00572 Special Assistant to the December 17, 2009. Schedule C Assistant Secretary for Planning, Department of Transportation The following Schedule C Evaluation, and Policy Development. appointments were approved during Effective December 1, 2009. DTGS60301 Associate Director to the December 2009. DBGS00317 Confidential Assistant to Deputy Assistant Secretary for the Chief of Staff. Effective December Department of State Governmental Affairs. Effective 4, 2009. December 18, 2009. DSGS69986 Executive Director to the DBGS00318 Director for Special Assistant Secretary for International Initiatives to the Assistant Deputy Authority: 5 U.S.C. 3301 and 3302; E.O. Organizational Affairs. Effective Secretary for Innovation and 10577, 3 CFR 1954–1958 Comp., p. 218. December 23, 2009. Improvement. Effective December 4, U.S. Office of Personnel Management. Department of Defense 2009. John Berry, DBGS00319 Special Assistant to the DDGS17267 Director for Joint Chief of Staff. Effective December 4, Director. Communications to the Assistant 2009. [FR Doc. 2010–1272 Filed 1–22–10; 8:45 am] Secretary of Defense, Public Affairs. DBGS00406 Confidential Assistant to BILLING CODE 6325–39–P Effective December 1, 2009. the Assistant Secretary for Vocational

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SECURITIES AND EXCHANGE scheduled matters at the Closed concerning the securities of Biosys, Inc. COMMISSION Meeting. because it has not filed any periodic Commissioner Aguilar, as duty reports since the period ended Sunshine Act Meeting officer, voted to consider the items September 30, 1996. listed for the Closed Meeting in a closed Notice is hereby given, pursuant to It appears to the Securities and session. Exchange Commission that there is a the provisions of the Government in the The subject matter of the Closed Sunshine Act, Public Law 94–409, that lack of current and accurate information Meeting scheduled for Thursday, concerning the securities of Bolder the Securities and Exchange January 28, 2010 will be: Commission will hold an Open Meeting Technologies Corp. because it has not Institution and settlement of injunctive on January 27, 2010 at 10 a.m., in the filed any periodic reports since the actions; Auditorium, Room L–002. period ended September 30, 2000. Institution and settlement of The subject matter of the Open It appears to the Securities and administrative proceedings; Meeting will be: Exchange Commission that there is a adjudicatory matters; and Item 1: The Commission will consider lack of current and accurate information Other matters relating to enforcement a recommendation to adopt new rules, concerning the securities of Boyds proceedings. rule amendments, and a new form Wheels, Inc. because it has not filed any under the Investment Company Act of At times, changes in Commission periodic reports since the period ended 1940 governing money market funds, to priorities require alterations in the September 30, 1997. increase the protection of investors, scheduling of meeting items. It appears to the Securities and improve fund operations, and enhance For further information and to Exchange Commission that there is a fund disclosures. ascertain what, if any, matters have been lack of current and accurate information Item 2: The Commission will consider added, deleted or postponed, please concerning the securities of Breakaway a recommendation to publish an contact: The Office of the Secretary at Solutions, Inc. because it has not filed interpretive release to provide guidance (202) 551–5400. any periodic reports since the period to public companies regarding the Dated: January 21, 2010. ended December 31, 2000. Commission’s current disclosure Elizabeth M. Murphy, It appears to the Securities and requirements concerning matters Secretary. Exchange Commission that there is a relating to climate change. [FR Doc. 2010–1456 Filed 1–21–10; 4:15 pm] lack of current and accurate information At times, changes in Commission BILLING CODE 8011–01–P concerning the securities of BRE–X priorities require alterations in the Minerals, Ltd. because it has not filed scheduling of meeting items. any periodic reports since the period For further information and to SECURITIES AND EXCHANGE ended August 19, 1996. ascertain what, if any, matters have COMMISSION The Commission is of the opinion that been added, deleted or postponed, the public interest and the protection of [File No. 500–1] please contact: investors require a suspension of trading The Office of the Secretary at (202) Big Sky Energy Corp., Biomedical in the securities of the above-listed 551–5400. Waste Systems, Inc., Biometrics companies. Dated: January 20, 2010. Security Technology, Inc., Biosys, Inc., Therefore, it is ordered, pursuant to Elizabeth M. Murphy, Bolder Technologies Corp., Boyds Section 12(k) of the Securities Exchange Secretary. Wheels, Inc., Breakaway Solutions, Act of 1934, that trading in the [FR Doc. 2010–1434 Filed 1–21–10; 11:15 am] Inc., and BRE–X Minerals, Ltd.; Order securities of the above-listed companies is suspended for the period from 9:30 BILLING CODE 8011–01–P of Suspension of Trading a.m. EST on January 21, 2010, through January 21, 2010. 11:59 p.m. EST on February 3, 2010. It appears to the Securities and SECURITIES AND EXCHANGE By the Commission. COMMISSION Exchange Commission that there is a lack of current and accurate information Jill M. Peterson, Sunshine Act Meeting concerning the securities of Big Sky Assistant Secretary. Energy Corp. because it has not filed [FR Doc. 2010–1441 Filed 1–21–10; 11:15 am] Notice is hereby given, pursuant to any periodic reports since the period BILLING CODE 8011–01–P the provisions of the Government in the ended December 31, 2006. Sunshine Act, Public Law 94–409, that It appears to the Securities and the Securities and Exchange Exchange Commission that there is a SECURITIES AND EXCHANGE Commission will hold a Closed Meeting lack of current and accurate information COMMISSION on Thursday, January 28, 2010 at 2 p.m. concerning the securities of Biomedical Commissioners, Counsel to the Waste Systems, Inc. because it has not [Release No. 34–61371; File No. SR– Commissioners, the Secretary to the filed any periodic reports since the NASDAQ–2010–005] Commission, and recording secretaries period ended March 31, 1995. will attend the Closed Meeting. Certain It appears to the Securities and Self-Regulatory Organizations; The staff members who have an interest in Exchange Commission that there is a NASDAQ Stock Market LLC; Notice of the matters also may be present. lack of current and accurate information Filing of Proposed Rule Change To The General Counsel of the concerning the securities of Biometrics Amend Rules 3330 and 9810 To Reflect Commission, or his designee, has Security Technology, Inc. because it has Changes to Corresponding FINRA certified that, in his opinion, one or not filed any periodic reports since Rules more of the exemptions set forth in 5 December 31, 2002. U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) It appears to the Securities and January 15, 2010. and 17 CFR 200.402(a)(3), (5), (7), 9(ii) Exchange Commission that there is a Pursuant to Section 19(b)(1) of the and (10), permit consideration of the lack of current and accurate information Securities Exchange Act of 1934

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(‘‘Act’’),1 and Rule 19b–4 thereunder,2 FINRA rulebook. In most cases, FINRA advertising to also include notice is hereby given that on January has renumbered these rules, and in compensation paid in connection with 13, 2010, The NASDAQ Stock Market some cases has substantively amended research reports and communications LLC (the ‘‘Exchange’’ or ‘‘NASDAQ’’) them. Accordingly, NASDAQ also published in reliance on Section 17(b) filed with the Securities and Exchange proposes to initiate a process of of the Securities Act of 1933 (the ‘‘1933 Commission (‘‘Commission’’) the modifying its rulebook to ensure that Act’’). proposed rule change as described in NASDAQ rules corresponding to NASDAQ is, by this filing, re- Items I, II, and III below, which Items FINRA/NASD rules continue to mirror numbering its Rule 3330 to Rule 5230A have been prepared by the Exchange. them as closely as practicable. In some and upgrading its rule by clarifying that The Exchange has designated the cases, it will not be possible for the rule the media the rule refers to includes proposed rule change as constituting a numbers of NASDAQ rules to mirror electronic and other types of media and non-controversial rule change under corresponding FINRA rules, because expanding the exceptions in the rule Rule 19b–4(f)(6) under the Act,3 which existing or planned NASDAQ rules beyond paid advertising. renders the proposal effective upon make use of those numbers. However, NASD Rule 2330 prohibits members filing with the Commission. The wherever possible, NASDAQ plans to and associated persons from: (a) Making Commission is publishing this notice to update its rules to reflect changes to improper use of a customer’s securities solicit comments on the proposed rule corresponding FINRA rules. or funds; (b) guaranteeing a customer change from interested persons. This filing addresses NASDAQ Rules against loss in connection with any 3330 (Payment Designed to Influence securities transaction or in any I. Self-Regulatory Organization’s Market Prices, Other than Paid securities account of the customer; and Statement of the Terms of the Substance Advertising) and 9810 (Initiation of (c) sharing in the profits or losses in the of the Proposed Rule Change Proceeding) to update cross-references customer’s account except under certain The Exchange is filing this proposed to corresponding rules of FINRA. limited conditions specified in the Rule. rule change to amend NASDAQ Rules In SR–FINRA–2009–078,4 FINRA As part of transferring NASD Rule 2330 3330 (Payment Designed to Influence made changes that reflected, among into the consolidated FINRA rulebook Market Prices, Other than Paid other things, incorporation into the as FINRA Rule 2150, FINRA proposed Advertising) and 9810 (Initiation of consolidated FINRA rulebook of NASD minor changes to Rule 2150(c) and Proceeding) to reflect recent changes to Rule 3330 as FINRA Rule 5230 added Supplementary Information to corresponding rules of the Financial (Payments Involving Publications that the rule that codified existing staff Industry Regulatory Authority Influence the Market Price of a guidance in respect of when a guarantee (‘‘FINRA’’). The text of the proposed rule Security) 5 and NASD Rule 2330 as is not subject to prohibition, when a change is available at http:// FINRA Rule 2150 (Improper Use of member can reimburse for transaction nasdaqomxbx.cchwallstreet.com, at the Customers’ Securities or Funds; losses, correction of bona fide errors, Exchange’s principal office, and at the Prohibition Against Guarantees and and preservation of written Commission’s Public Reference Room. Sharing in Accounts).6 authorizations.7 NASD Rule 3330 prohibits a member II. Self-Regulatory Organization’s NASDAQ has proposed, in a recent from giving, or offering to give, anything 8 Statement of the Purpose of, and immediately effective filing, to re- of value to any person for the purpose Statutory Basis for, the Proposed Rule number its Rule 2330 and IM–2330 to of influencing or rewarding the action of Change Rule 2150 and IM–2150, respectively; such person in connection with the clarify cross-references in its rule and In its filing with the Commission, the publication or circulation in any IM; and reflect the changes to FINRA Exchange included statements newspaper, investment service, or Rule 2150. NASDAQ is, by this filing, concerning the purpose of and basis for similar publication, of any matter that clarifying the cross-reference in its Rule the proposed rule change and discussed has, or is intended to have, an effect 9810 to NASDAQ Rule 2150. any comments it received on the upon the market price of any security; proposed rule change. The text of these and provides an exception for any 2. Statutory Basis statements may be examined at the matter that is clearly distinguishable as The Exchange believes that the places specified in Item IV below. The paid advertising. As part of transferring proposed rule change is consistent with Exchange has prepared summaries, set NASD Rule 3330 into the consolidated the provisions of Section 6 of the Act,9 forth in Sections A, B, and C below, of FINRA rulebook as FINRA Rule 5230, the most significant aspects of such FINRA proposed two changes to the rule 7 Supplementary Material to FINRA Rule 2150 statements. to modernize its terms and clarify its states: (i) A ‘‘guarantee’’ extended to all holders of scope by: (a) Updating the list of media a security by an issuer as part of that security A. Self-Regulatory Organization’s generally would not be subject to the prohibition Statement of the Purpose of, and to which the rule refers to include against guarantees and that a permissible sharing Statutory Basis for, the Proposed Rule electronic and other types of media, arrangement remains subject to other applicable Change including magazines, Web sites, and FINRA rules; (ii) the rule does not preclude a television programs; and (b) expanding member from determining on an after-the-fact basis, 1. Purpose to reimburse a customer for transaction losses, the exceptions in the rule beyond paid provided however that the member shall comply Many of NASDAQ’s rules are based with all reporting requirements that may be on rules of FINRA (formerly the 4 See Securities Exchange [sic] Release No. 61087 applicable to such payment; (iii) the rule does not (December 1, 2009), 74 FR 65190 (December 9, preclude a member from correcting a bona fide National Association of Securities 2009)(SR–FINRA–2009–078)(notice of filing and error; and (iv) the required written authorization(s) Dealers (‘‘NASD’’)). During 2008, FINRA immediate effectiveness). shall be preserved for a period of at least six years embarked on an extended process of 5 See Securities Exchange Act Release No. 60648 after the date the account is closed, which is moving rules formerly designated as (September 10, 2009), 74 FR 47837 (September 17, consistent with the retention period under the Act ‘‘NASD Rules’’ into a consolidated 2009)(SR–FINRA–2009–048)(order approving for similar records. adoption of FINRA Rule 5230). 8 See Securities Exchange [sic] Release No. 61128 6 See Securities Exchange Act Release No. 60701 (December 8, 2009), 74 FR 66191 (December 14, 1 15 U.S.C. 78s(b)(1). (September 21, 2009); 74 FR 49425 (September 28, 2009)(SR–NASDAQ–2009–106)(notice of filing and 2 17 CFR 240.19b–4. 2009)(SR–FINRA–2009–014)(order approving immediate effectiveness). 3 17 CFR 240.19b–4(f)(6). adoption of FINRA Rule 2150). 9 15 U.S.C. 78f.

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in general, and with Sections 6(b)(5) of change is consistent with the Act. SECURITIES AND EXCHANGE the Act,10 in particular, in that the Comments may be submitted by any of COMMISSION proposal is designed to prevent the following methods: fraudulent and manipulative acts and Electronic Comments [Release No. 34–61368; File No. SR–ISE– practices, to promote just and equitable 2009–87] principles of trade, to foster cooperation • Use the Commission’s Internet and coordination with persons engaged comment form (http://www.sec.gov/ Self-Regulatory Organizations; in regulating, clearing, settling, rules/sro.shtml); or International Securities Exchange, processing information with respect to, • LLC; Order Approving Proposed Rule and facilitating transactions in Send an e-mail to rule- Change Relating to Foreign Currency securities, to remove impediments to [email protected]. Please include File Options and perfect the mechanism of a free and Number SR–NASDAQ–2010–005 on the open market and a national market subject line. January 15, 2010. system, and, in general, to protect Paper Comments I. Introduction investors and the public interest. The On October 27, 2009, the International proposed changes will conform • Send paper comments in triplicate Securities Exchange, LLC (‘‘ISE’’ or NASDAQ Rules 3330 and 9810 to recent to Elizabeth M. Murphy, Secretary, ‘‘Exchange’’) filed with the Securities changes made to several corresponding Securities and Exchange Commission, and Exchange Commission FINRA rules, to promote application of Station Place, 100 F Street, NE., (‘‘Commission’’), pursuant to Section consistent regulatory standards. Washington, DC 20549–1090. 19(b)(1) of the Securities Exchange Act B. Self-Regulatory Organization’s All submissions should refer to File of 1934 (‘‘Act’’) 1 and Rule 19b–4 Statement on Burden on Competition Number SR–NASDAQ–2010–005. This thereunder,2 a proposed rule change to file number should be included on the The Exchange does not believe that amend its rules regarding Foreign subject line if e-mail is used. To help the the proposed rule change will result in Currency Options (‘‘FX Options’’) to Commission process and review your any burden on competition that is not permit the Exchange to list a single comments more efficiently, please use necessary or appropriate in furtherance strike price of one cent ($0.01) for each only one method. The Commission will of the purposes of the Act, as amended. expiration month for FX Options post all comments on the Commission’s opened for trading on the Exchange. The C. Self-Regulatory Organization’s Internet Web site (http://www.sec.gov/ proposed rule change was published for Statement on Comments on the rules/sro.shtml). Copies of the comment in the Federal Register on Proposed Rule Change Received From submission, all subsequent November 24, 2009.3 The Commission Members, Participants, or Others amendments, all written statements received no comment letters on the Written comments were neither with respect to the proposed rule proposal. This order approves the solicited nor received. change that are filed with the proposed rule change. Commission, and all written III. Date of Effectiveness of the communications relating to the II. Description of the Proposal Proposed Rule Change and Timing for proposed rule change between the ISE Rule 2205 governs the opening for Commission Action Commission and any person, other than trading of series of FX Options.4 Because the foregoing proposed rule those that may be withheld from the Pursuant to ISE Rule 2205, after a class change does not: (i) Significantly affect public in accordance with the of options contracts on any underlying the protection of investors or the public provisions of 5 U.S.C. 552, will be currency pair has been approved for interest; (ii) impose any significant available for inspection and copying in listing and trading, the Exchange may burden on competition; and (iii) become the Commission’s Public Reference open for trading series of FX Options operative for 30 days from the date on Room on official business days between that expire in consecutive monthly which it was filed, or such shorter time the hours of 10 a.m. and 3 p.m. Copies intervals, in three or ‘‘cycle’’ month as the Commission may designate, it has of such filing also will be available for intervals, or that have up to 36 months become effective pursuant to Section inspection and copying at the principal to expiration. The Exchange also may 19(b)(3)(A) of the Act 11 and Rule 19b– office of NASDAQ. All comments open additional consecutive month 4(f)(6) thereunder.12 received will be posted without change; series of the same class for trading at or At any time within 60 days of the the Commission does not edit personal about the time a prior consecutive filing of the proposed rule change, the identifying information from month series expires. Commission may summarily abrogate submissions. You should submit only ISE now proposes to amend ISE Rule such rule change if it appears to the information that you wish to make 2205 to allow the Exchange to list a Commission that such action is available publicly. All submissions single strike price of one cent ($0.01) for necessary or appropriate in the public should refer to File Number SR– each expiration month for FX Options interest, for the protection of investors, NASDAQ–2010–005 and should be opened for trading on the Exchange. The or otherwise in furtherance of the submitted on or before February 16, proposed one cent strike would be in purposes of the Act. 2010. addition to the strike prices listed by the Exchange pursuant to ISE Rule 2205. IV. Solicitation of Comments For the Commission, by the Division of Trading and Markets, pursuant to delegated Interested persons are invited to authority.13 1 15 U.S.C. 78s(b)(1). 2 submit written data, views, and Florence E. Harmon, 17 CFR 240.19b–4. 3 Securities Exchange Act Release No. 61024 arguments concerning the foregoing, Deputy Secretary. including whether the proposed rule (November 18, 2009), 74 FR 61395 (November 24, [FR Doc. 2010–1267 Filed 1–22–10; 8:45 am] 2009). 4 BILLING CODE 8011–01–P ISE began trading FX options on April 17, 2007. 10 15 U.S.C. 78f(b)(5). See Securities Exchange Act Release No. 55575 11 15 U.S.C. 78s(b)(3)(A). (April 3, 2007), 72 FR 17963 (April 10, 2007) (SR– 12 17 CFR 240.19b–4(f)(6). 13 17 CFR 200.30–3(a)(12). ISE–2006–59) (the ‘‘FX Options Order’’).

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III. Discussion comments on the proposed rule change clearing firm floating monthly rate 4 of The Commission finds that the from interested parties. the CBOE Clearing Members that assist in facilitating at least 10% of the CBOE proposed rule change is consistent with I. Self-Regulatory Organization’s transferable membership leases.5 The the requirements of the Act and the Statement of the Terms of Substance of Exchange determined the indicative rules and regulations thereunder the Proposed Rule Change applicable to a national securities lease rate for January 2010 by polling CBOE proposes to adjust (i) the each of these Clearing Members and exchange.5 Specifically, the monthly access fee for persons granted obtaining the clearing firm floating Commission finds that the proposal is temporary CBOE membership status monthly rate designated by each of consistent with Section 6(b)(5) of the (‘‘Temporary Members’’) pursuant to these Clearing Members for that month. Act,6 which requires, among other Interpretation and Policy .02 under The Exchange used the same process things, that the rules of a national CBOE Rule 3.19 (‘‘Rule 3.19.02’’) and (ii) to set the proposed Temporary Member securities exchange be designed to the monthly access fee for Interim and ITP access fees that it used to set promote just and equitable principles of Trading Permit (‘‘ITP’’) holders under the current Temporary Member and ITP trade, to remove impediments to and CBOE Rule 3.27. The text of the access fees. The only difference is that perfect the mechanism of a free and proposed rule change is available on the the Exchange used clearing firm floating open market and a national market Exchange’s Web site (http:// monthly rate information for the month system, and, in general, to protect www.cboe.org/Legal/), at the Exchange’s of January 2010 to set the proposed investors and the public interest. Office of the Secretary, and at the access fees (instead of clearing firm Conclusion Commission’s Public Reference Room. floating monthly rate information for the month of December 2009 as was used to It is therefore ordered, pursuant to II. Self-Regulatory Organization’s 7 set the current access fees) in order to Section 19(b)(2) of the Act, that the Statement of the Purpose of, and take into account changes in clearing proposed rule change (SR–ISE–2009–87) Statutory Basis for, the Proposed Rule firm floating monthly rates for the be, and hereby is, approved. Change month of January 2010. For the Commission, by the Division of In its filing with the Commission, The Exchange believes that the Trading and Markets, pursuant to delegated CBOE included statements concerning process used to set the proposed authority.8 the purpose of, and basis for, the Temporary Member access fee and the Florence E. Harmon, proposed rule change and discussed any proposed Temporary Member access fee Deputy Secretary. comments it received on the proposed itself are appropriate for the same [FR Doc. 2010–1271 Filed 1–22–10; 8:45 am] rule change. The text of these statements reasons set forth in CBOE rule filing SR– BILLING CODE 8011–01–P may be examined at the places specified CBOE–2008–12 with respect to the in Item IV below. The CBOE has original Temporary Member access fee.6 prepared summaries, set forth in Similarly, the Exchange believes that SECURITIES AND EXCHANGE Sections A, B, and C below, of the most the process used to set the proposed ITP COMMISSION significant aspects of such statements. access fee and the proposed ITP access fee itself are appropriate for the same [Release No. 34–61369; File No. SR–CBOE– A. Self-Regulatory Organization’s reasons set forth in CBOE rule filing SR– 2009–103] Statement of the Purpose of, and CBOE–2008–77 with respect to the Statutory Basis for, the Proposed Rule original ITP access fee.7 Self-Regulatory Organizations; Change Each of the proposed access fees will Chicago Board Options Exchange, 1. Purpose remain in effect until such time either Incorporated; Notice of Filing and that the Exchange submits a further rule Immediate Effectiveness of Proposed The current access fee for Temporary filing pursuant to Section 19(b)(3)(A)(ii) Rule Change Relating to Temporary Members under Rule 3.19.02 2 and the Membership Status and Interim current access fee for ITP holders under 4 Rule 3.27(b) defines the clearing firm floating Trading Permit Access Fees Rule 3.27 3 are both $8,991 per month. monthly rate as the floating monthly rate that a Both access fees are currently set at the Clearing Member designates, in connection with January 15, 2010. transferable membership leases that the Clearing indicative lease rate (as defined below) Member assisted in facilitating, for leases that Pursuant to Section 19(b)(1) of the for December 2009. The Exchange utilize that monthly rate. Securities Exchange Act of 1934 proposes to adjust both access fees 5 The concepts of an indicative lease rate and of (‘‘Act’’),1 notice is hereby given that on effective at the beginning of January a clearing firm floating month rate were previously December 31, 2009, the Chicago Board 2010 to be equal to the indicative lease utilized in the CBOE rule filings that set and Options Exchange, Incorporated adjusted the Temporary Member access fee. Both rate for January 2010 (which is $7,928). concepts are also codified in Rule 3.27(b) in relation (‘‘CBOE’’ or ‘‘Exchange’’) filed with the Specifically, the Exchange proposes to to ITPs. Securities and Exchange Commission revise both the Temporary Member 6 See Securities Exchange Act Release No. 57293 (‘‘Commission’’) the proposed rule access fee and the ITP access fee to be (February 8, 2008), 73 FR 8729 (February 14, 2008) change as described in Items I, II, and (SR–CBOE–2008–12), which established the $7,928 per month commencing on original Temporary Member access fee, for detail III below, which Items have been January 1, 2010. regarding the rationale in support of the original prepared by the CBOE. The Commission The indicative lease rate is defined Temporary Member access fee and the process used is publishing this notice to solicit under Rule 3.27(b) as the highest to set that fee, which is also applicable to this proposed change to the Temporary Member access fee as well. 5 In approving this proposed rule change, the 2 See Securities Exchange Act Release No. 56458 7 See Securities Exchange Act Release No. 58200 Commission has considered the proposed rule’s (September 18, 2007), 72 FR 54309 (September 24, (July 21, 2008), 73 FR 43805 (July 28, 2008) (SR– impact on efficiency, competition, and capital 2007) (SR–CBOE–2007–107) for a description of the CBOE–2008–77), which established the original ITP formation. See 15 U.S.C. 78c(f). Temporary Membership status under Rule 3.19.02. access fee, for detail regarding the rationale in 6 15 U.S.C. 78f(b)(5). 3 See Securities Exchange Act Release No. 58178 support of the original ITP access fee and the 7 15 U.S.C. 78s(b)(2). (July 17, 2008), 73 FR 42634 (July 22, 2008) (SR– process used to set that fee, which is also applicable 8 17 CFR 200.30–3(a)(12). CBOE–2008–40) for a description of the Interim to this proposed change to the ITP access fee as 1 15 U.S.C. 78s(b)(1). Trading Permits under Rule 3.27. well.

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of the Act 8 to modify the applicable or otherwise in furtherance of the For the Commission, by the Division of access fee or the applicable status (i.e., purposes of the Act. Trading and Markets, pursuant to delegated 13 the Temporary Membership status or authority. the ITP status) is terminated. IV. Solicitation of Comments Florence E. Harmon, Deputy Secretary. Accordingly, the Exchange may, and Interested persons are invited to likely will, further adjust the proposed submit written data, views, and [FR Doc. 2010–1270 Filed 1–22–10; 8:45 am] access fees in the future if the Exchange arguments concerning the foregoing, BILLING CODE 8011–01–P determines that it would be appropriate including whether the proposed rule to do so taking into consideration lease change is consistent with the Act. rates for transferable CBOE Comments may be submitted by any of DEPARTMENT OF STATE memberships prevailing at that time. the following methods: [Delegation of Authority 329] The procedural provisions of the CBOE Fee Schedule related to the Electronic Comments Delegation by the Under Secretary of assessment of each proposed access fee • Use the Commission’s Internet State for Public Diplomacy and Public are not proposed to be changed and will Affairs to the Coordinator, Bureau of comment form (http://www.sec.gov/ remain the same as the current International Information Programs, or rules/sro.shtml); or procedural provisions relating to the to Any Successor assessment of that access fee. • Send an e-mail to rule- [email protected]. Please include File By virtue of the authority vested in 2. Statutory Basis Number SR–CBOE–2009–103 on the me as the Under Secretary of State for Public Diplomacy and Public Affairs by The Exchange believes that the subject line. law, including by Delegation of proposed rule change is consistent with Paper Comments Authority No. 234 of October 1, 1999, Section 6(b) of the Act,9 in general, and and the Foreign Affairs Reform and furthers the objectives of Section 6(b)(4) • Send paper comments in triplicate 10 Restructuring Act of 1998 (112 Stat. of the Act, in particular, in that it is to Elizabeth M. Murphy, Secretary, 2681, et seq.), and to the extent designed to provide for the equitable Securities and Exchange Commission, authorized by law, I hereby delegate to allocation of reasonable dues, fees, and 100 F Street, NE., Washington, DC the Coordinator, Bureau of International other charges among persons using its 20549–1090. Information Programs, or to any facilities. All submissions should refer to File successor: B. Self-Regulatory Organization’s Number SR–CBOE–2009–103. This file a. The functions and authorities Statement on Burden on Competition number should be included on the related to the dissemination of information abroad about the United CBOE does not believe that the subject line if e-mail is used. To help the Commission process and review your States, and related functions, including proposed rule change will impose any those functions in the United States burden on competition that is not comments more efficiently, please use only one method. The Commission will Information and Educational Exchange necessary or appropriate in furtherance Act of 1948, as amended (the Smith- of the purposes of the Act. post all comments on the Commission’s Internet Web site (http://www.sec.gov/ Mundt Act) (22 U.S.C. 1431 et seq.), and b. The functions and authorities in the C. Self-Regulatory Organization’s rules/sro.shtml). Copies of the National Endowment for Democracy Act Statement on Comments on the submission, all subsequent (22 U.S.C. 4412) relating to the grant Proposed Rule Change Received From amendments, all written statements program with the National Endowment Members, Participants or Others with respect to the proposed rule for Democracy. No written comments were solicited change that are filed with the The Secretary of State, the Deputy or received with respect to the proposed Commission, and all written Secretary of State, the Deputy Secretary rule change. communications relating to the of State for Management and Resources, proposed rule change between the and the Under Secretary of State for III. Date of Effectiveness of the Commission and any person, other than Public Diplomacy and Public Affairs Proposed Rule Change and Timing for those that may be withheld from the may at any time exercise the functions Commission Action public in accordance with the and authorities delegated herein. The provisions of 5 U.S.C. 552, will be Because the foregoing rule change functions and authorities delegated available for inspection and copying in establishes or changes a due, fee, or herein may be further delegated, to the the Commission’s Public Reference other charge imposed by the Exchange, extent consistent with law. Room, 100 F Street, NE., Washington, it has become effective pursuant to Any actions related to the functions DC 20549, on official business days Section 19(b)(3)(A) of the Act 11 and and authorities described herein that between the hours of 10 a.m. and 3 p.m. subparagraph (f)(2) of Rule 19b–4 12 may have been taken by the Coordinator Copies of such filing also will be thereunder. At any time within 60 days prior to the date of this delegation of available for inspection and copying at of the filing of the proposed rule change, authority are hereby confirmed and the principal office of the Exchange. All the Commission may summarily ratified. Such actions shall remain in comments received will be posted abrogate such rule change if it appears force as if taken under this delegation of without change; the Commission does to the Commission that such action is authority, unless or until such actions not edit personal identifying necessary or appropriate in the public are rescinded, amended or superseded. information from submissions. You interest, for the protection of investors, Any reference in this delegation of should submit only information that authority to any statute or delegation of you wish to make available publicly. All 8 authority shall be deemed to be a 15 U.S.C. 78s(b)(3)(A)(ii). submissions should refer to File No. 9 15 U.S.C. 78f(b). reference to such statute or delegation of 10 15 U.S.C. 78f(b)(4). SR–CBOE–2009–103 and should be authority as amended from time to time. 11 15 U.S.C. 78s(b)(3)(A). submitted on or before February 16, 12 17 CFR 240.19b–4(f)(2). 2010. 13 17 CFR 200.30–3(a)(12).

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This delegation shall be published in Public Participation: This Study Dated: January 15, 2010. the Federal Register. Group meeting is open to the public, Michael J. Dennis, Dated: January 12, 2010. subject to the capacity of the meeting Attorney-Adviser, Office of Private Judith A. McHale, room. Access to the meeting building is International Law, Department of State. Under Secretary for Public Diplomacy and controlled; persons wishing to attend [FR Doc. 2010–1353 Filed 1–22–10; 8:45 am] Public Affairs. should contact Tricia Smeltzer or BILLING CODE 7410–08–P [FR Doc. 2010–1349 Filed 1–22–10; 8:45 am] Niesha Toms of the Department of State Legal Adviser’s Office at BILLING CODE 4710–11–P [email protected] or DEPARTMENT OF STATE [email protected] and provide your [Delegation of Authority 330] DEPARTMENT OF STATE name, e-mail address, and mailing address to get admission into the Re-Delegation to Daniel Sreebny of the [Public Notice 6878] meeting or to get directions to the office. Functions and Authorities of the Notice of Meeting of a Study Group of Persons who cannot attend but who Coordinator, Bureau of International the U.S. Department of State Advisory wish to comment are welcome to do so Information Programs by e-mail to Michael Dennis at Committee on Private International By virtue of the authority vested in Law [email protected]. A member of the public needing reasonable me as the Under Secretary of State for Public Diplomacy and Public Affairs by A Study Group of the Department of accommodation should advise those law, including by Delegation of State Advisory Committee on Private same contacts not later than January Authority No. 234 of October 1, 1999, International Law (ACPIL) will hold a 27th. Requests made after that date will and the Foreign Affairs Reform and public meeting to continue the be considered, but might not be able to Restructuring Act of 1998 (112 Stat. discussion of the treatment of IP- be fulfilled. If you are unable to attend secured financing practices in the 2681, et seq.), and to the extent the public meeting and you would like authorized by law, I hereby delegate to United Nations Commission on to participate by teleconferencing, International Trade (UNCITRAL) Draft Daniel Sreebny the functions and please contact Tricia Smeltzer or Niesha authorities of the Coordinator, Bureau of Legislative Guide on Secured Toms at 202–776–8420 to receive the Transactions (Guide). At the 40th International Information Programs. conference call-in number and the The Secretary of State, the Deputy Session of the UNCITRAL in December relevant information. 2007, it adopted a legislative guide on Secretary of State, the Deputy Secretary secured transactions, including Information about members of the of State for Management and Resources, recommendations dealing with the public is sought pursuant to 22 U.S.C. and the Under Secretary of State for scope of the Guide as it relates to IP law 2658; Executive Order 10450; Executive Public Diplomacy and Public Affairs and secured financing, as well as the Order 12356: and Section 506 (a) of the may at any time exercise the functions inclusion in the commentary to the Federal Records Act of 1950, as and authorities delegated herein. The Guide of explanatory statements on the amended (44 U.S.C. 3101). The primary functions and authorities delegated treatment of IP as secured financing. purpose for collecting the information is herein may not be further delegated UNCITRAL also approved a work to assure protection of U.S. Department without my approval. project on IP law matters as they relate of State facilities and to allow all This delegation shall take effect upon to secured financing law. Other sessions Department of State (DOS) staff to pre- the designation and appointment by the for that work project were held in May register single visitors or groups and Secretary of State of Daniel Sreebny to and October of 2008 and April and verify the requester has escort authority. serve as Acting Coordinator. It shall October 2009. This is not a meeting of The information furnished is used by expire upon the selection and entry the full Advisory Committee. the Department of State’s Bureau of upon duty of an individual to serve as The Study Group will use this public Diplomatic Security to enhance the the Coordinator, Bureau of International meeting to continue to exchange Department’s security by tracking visitor Information Programs, or the thoughts on the relationship between traffic and to prevent security appointment and entry upon duty of an secured finance and IP and how this vulnerability. The information may be individual to serve as the Assistant matter should be addressed in the new shared with Bureau of Diplomatic Secretary for International Information draft IP annex to the Guide. The report Security staff as a routine use, and on Programs, whichever shall occur first. of the earlier sessions of the UNCITRAL an as-needed basis with outside law- This delegation of authority shall be Working Group and the papers prepared enforcement organizations as part of the published in the Federal Register. by the Secretariat for the next session of Department’s effort to combat terrorism Dated: January 12, 2010. the UNCITRAL working group can be and to cooperate with law enforcement Judith A. McHale, obtained at http://www.uncitral.org/ investigations. In addition, the Under Secretary for Public Diplomacy and uncitral/en/commission/ information provided is used to better Public Affairs. _ working groups/ track, manage, and control access to [FR Doc. 2010–1327 Filed 1–22–10; 8:45 am] _ 6Security Interests.html. The revised buildings and restricted areas under the BILLING CODE 4710–11–P document that will be reviewed at the jurisdiction of the Department of State; February 8–12 session of the Working to determine the status of individuals Group in New York is also available on entering Department of State premises; DEPARTMENT OF STATE this link. and to provide data requisite to Time and Place: The public meeting investigations and security reports. Data [Public Notice 6886] will take place at the Department of may be shared with other Local, State, Waiver of Restriction on Assistance to State, Office of Private International and Federal law enforcement agencies. the Central Government of Egypt Law, 2430 E Street, NW., Washington, Failure to provide the information DC on Wednesday, February 3, 2010, requested may result in denial of access Pursuant to section 7086(c)(2) of the from 10 a.m. to 12:30 p.m. EST. to U.S. Department of State facilities. Department of State, Foreign

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Operations, and Related Programs charges (PFC). This program requires eligible projects that the sponsor Appropriation Act, 2010 (Division F, public agencies and certain members of previously identified through the Pub. L. 111–117) (‘‘the Act’’), and the aviation industry to prepare and Airports Capital Improvement Plan Department of State Delegation of submit applications and reports to the (ACIP) process during the preceding Authority Number 245–1, I hereby FAA. This program provides additional year. If a sponsor does not declare their determine that it is important to the funding for airport development which intention regarding their fiscal year national interest of the United States to is needed now and in the future. 2010 entitlement funds by February 22, waive the requirements of section ADDRESSES: Interested persons are 2010, FAA will be unable to take the 7086(c)(1) of the Act with respect to the invited to submit written comments on necessary actions to award these funds, Government of Egypt, and I hereby the proposed information collection to nor designate these funds as ‘‘protected’’ waive such restriction. the Office of Information and Regulatory carryover funds. In addition, these This determination shall be reported Affairs, Office of Management and funds will not be carried over without to Congress, and published in the Budget. Comments should be addressed a legislative enactment that provides an Federal Register. to the attention of the Desk Officer, additional AIP authorization and an Dated: January 11, 2010. Department of Transportation/FAA, and extension of the FAA’s spending Jacob J. Lew, sent via electronic mail to authority from the Airport and Airway _ Trust Fund beyond March 31, 2010. Deputy Secretary of State for Management oira [email protected], or faxed and Resources. to (202) 395–6974, or mailed to the FOR FURTHER INFORMATION CONTACT: Mr. [FR Doc. 2010–1351 Filed 1–22–10; 8:45 am] Office of Information and Regulatory Frank J. San Martin, Manager, Airports Affairs, Office of Management and BILLING CODE 4710–31–P Financial Assistance Division, APP– Budget, Docket Library, Room 10102, 500, on (202) 267–3831. 725 17th Street, NW., Washington, DC SUPPLEMENTARY INFORMATION: Title 49 of 20503. DEPARTMENT OF TRANSPORTATION the United States Code, section 47105(f), Comments are invited on: Whether provides that the sponsor of each airport Federal Aviation Administration the proposed collection of information to which funds are apportioned shall is necessary for the proper performance notify the Secretary by such time and in Agency Information Collection Activity of the functions of the Department, a form as prescribed by the Secretary, of Seeking OMB Approval including whether the information will the sponsor’s intent to apply for the have practical utility; the accuracy of funds apportioned to it (entitlements). AGENCY: Federal Aviation the Department’s estimates of the This notice applies only to those Administration (FAA), DOT. burden of the proposed information airports that have had entitlement funds ACTION: Notice. collection; ways to enhance the quality, apportioned to them, except those utility, and clarity of the information to SUMMARY: The FAA invites public nonprimary airports located in be collected; and ways to minimize the comments about our intention to request designated Block Grant States. Sponsors burden of the collection of information the Office of Management and Budget’s intending to apply for any of their on respondents, including the use of (OMB) revision of a current information available entitlement funds, including automated collection techniques or collection. The Federal Register Notice those unused from prior years, shall other forms of information technology. with a 60-day comment period soliciting submit by February 22, 2010, a written comments on the following collection of Issued in Washington, DC, on January 19, indication to the designated Airports information was published on October 2010. District Office (or Regional Office in 16, 2009, vol. 74, no. 199, page 53312. Carla Mauney, regions without Airports District 49 U.S.C. 40117 authorizes airports to FAA Information Collection Clearance Offices) that they will submit a grant impose passenger facility charges (PFC). Officer, IT Enterprises Business Services application prior to February 26, 2010, Division, AES–200. DATES: Please submit comments by or by a prior date established by the February 24, 2010. [FR Doc. 2010–1342 Filed 1–22–10; 8:45 am] designated Airport District or Regional Office. FOR FURTHER INFORMATION CONTACT: BILLING CODE 4910–13–P This notice is promulgated to Carla Mauney at [email protected]. expedite and prioritize the grant-making SUPPLEMENTARY INFORMATION: DEPARTMENT OF TRANSPORTATION process. In the past when there has been Federal Aviation Administration (FAA) full-year funding for AIP, the FAA has Federal Aviation Administration established a deadline of May 1 for an Title: Passenger Facility Charge (PFC) airport sponsor to declare whether it Application. Deadline for Notification of Intent To will apply for, or defer use of its Type of Request: Extension without Use the Airport Improvement Program change of a currently approved entitlement funding. Considering that (AIP) Primary, Cargo, and Nonprimary Congress has authorized the AIP collection. Entitlement Funds for Fiscal Year 2010 OMB Control Number: 2120–0557. program only until March 31, 2010, i.e. Forms(s) 5500–1. AGENCY: Federal Aviation into the middle of a fiscal year, the FAA Affected Public: An estimated 450 Administration, DOT. is establishing February 22, 2010, as the Respondents. ACTION: Notice. deadline for each airport sponsor to Frequency: This information is notify the FAA whether or not it will collected on occasion. SUMMARY: The Federal Aviation use its fiscal year 2010 entitlement Estimated Average Burden per Administration (FAA) announces funds. Response: Approximately 10 hours per February 22, 2010, as the deadline for The AIP grant program is operating response. each airport sponsor to notify the FAA under the requirements of Public Law Estimated Annual Burden Hours: An whether or not it will use its fiscal year No. 111–116, the ‘‘Federal Aviation estimated 24,025 hours annually. 2010 entitlement funds available under Administration Extension Act, Part II’’, Abstract: 49 U.S.C. 40117 authorizes Public Law No. 111–117 to accomplish enacted on December 16, 2009, which airports to impose passenger facility Airport Improvement Program (AIP)- amends 49 U.S.C. 48103, to extend AIP

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for a six-month period beginning Issued in Washington, DC on January 6, transportation improvements in the October 1, 2008 and ending on March 2010. corridor will be the focus of the study. 31, 2010. The FAA’s expenditure Frank J. San Martin, Transportation build alternatives to be authority from the Airport and Airway Manager, Airports Financial Assistance studied include, but are not limited to: Trust Fund will also expire on March Division, Office of Airport Planning and (1) Collector roadway; (2) freeway; (3) 31, 2010, in the absence of an additional Programming. arterial roadway; (4) transit; (5) statutory extension. Therefore, to avoid [FR Doc. 2010–1291 Filed 1–22–10; 8:45 am] combinations of any of the above; and the risk of not being able to carryover BILLING CODE 4910–13–P (6) other feasible alternatives identified funds if an additional extension is not during the scoping process. enacted, and to allow sufficient time for DEPARTMENT OF TRANSPORTATION Letters describing the proposed action accounting processing, AIP funds and soliciting comments will be sent to should be obligated in FAA’s Federal Highway Administration appropriate Federal, State, and local accounting records on or before March agencies, and to private organizations 3, 2010. Environmental Impact Statement: and citizens who have previously Davis and Weber Counties, UT Sponsors have three options available expressed or are known to have interest regarding AIP grants during this period. AGENCY: Federal Highway in this proposal. A series of public First, sponsors may elect to make an Administration (FHWA), DOT. scoping meetings will be held in the application for a grant based on ACTION: Notice of Intent. study area from 4:30 p.m. to 8 p.m. as entitlements currently available to them. follows: February 23, 2010, at Syracuse Sponsors that elect to take such a grant SUMMARY: The FHWA is issuing this High School, 665 South 2000 West, must submit grant applications to the notice to advise the public that an Syracuse, UT; February 24, 2010, at FAA no later than February 26, 2010, in Environmental Impact Statement (EIS) Davis County Legacy Events Center order to meet the March 3, 2010 will be prepared for a proposed (Davis County Fairgrounds) at 151 obligation deadline. Second, sponsors transportation improvement project in South 1100 West, Farmington, UT; and, may elect to wait until after the Davis and Weber Counties, Utah. February 25, 2010, at West Weber February 22, 2010 notification date for FOR FURTHER INFORMATION CONTACT: Ed Elementary School, 4178 West 900 protection of carryover entitlements. Woolford, Environmental Program South, Ogden, UT. Public notices However, if a sponsor does not declare Manager or Paul Ziman, Area Manager, announcing these meetings will be their intention regarding the use of Federal Highway Administration, 2520 published in the region. Information fiscal year 2010 entitlement funds by West 4700 South, Suite 9A, Salt Lake regarding this meeting and the project the February 22, 2010 deadline, FAA City, UT 84118, Telephone: (801) 963– may also be obtained through a public 0182, E-mail: [email protected] will be unable to take the necessary Web site, http://www.udot.utah.gov/ or [email protected], respectively. actions to designate these as ‘‘protected’’ westdavis. In addition to the public The Utah Department of Transportation carryover funds. In addition, these scoping meetings, public hearings will funds would not be carried over without (UDOT) contact is Randy Jefferies, Project Manager, 166 Southwell Street, be held after the draft EIS has been a legislative enactment that provides prepared. The draft EIS will be available additional AIP authorization for fiscal Ogden, UT 84404, Telephone: (801) 620–1690, E-mail: [email protected]. for public and agency review and year 2010 and extends the FAA’s comment before the public hearing. spending authority from the Airport and SUPPLEMENTARY INFORMATION: The Airway Trust Fund beyond March 31, FHWA, in cooperation with UDOT, will To ensure that a full range of issues 2010. Third, sponsors may elect to prepare an EIS on a proposal to address related to the proposed action are declare their intention to carryover the projected transportation demand in addressed and all significant issues entitlements by sending written western Davis and Weber Counties. identified, comments and suggestions notification of such intention by Although the exact limits of the study are invited from all interested parties. February 22, 2010. Unused carryover area have not been defined, the Comments or questions concerning the entitlements that have been deferred transportation needs that will be proposed action and the EIS should be will be available in fiscal year 2011 evaluated in the proposal extend directed to the FHWA at the address pending legislative action to further northward from about Parrish Lane (400 provided above by March 22, 2010. South) in Centerville in Davis County to extend authorization and (Catalog of Federal and Domestic Assistance appropriations. about 1200 South in Marriott-Slaterville in Weber County. The eastern limits of Program Number 20.205, Highway Research, Planning and Construction. The regulations If a statutory extension beyond March the study area extend to I–15 and the implementing Executive Order 12372 31, 2010 of the AIP program and the western limit will be just east of the regarding intergovernmental consultation on FAA’s authority to make expenditures Great Salt Lake. Federal programs and activities apply to this from the Trust Fund is enacted, To provide for local and regional program.) additional entitlement funds may be travel demands, the regional available to sponsors. In that case, transportation plan developed by the Issued on: January 14, 2010. airport sponsors who did not previously local Metropolitan Planning James Christian, declare their intention to carryover the Organization, Wasatch Front Regional Division Administrator, Federal Highway entitlements must provide a written Council (WFRC), has identified the need Administration, Salt Lake City, Utah. indication by May 1, 2010 to the for an improved transportation system [FR Doc. 2010–1293 Filed 1–22–10; 8:45 am] designated Airports District Office (or in the study area. Alternatives under BILLING CODE 4910–22–P Regional Office in regions without consideration include (1) Taking no- Airports District Offices) that they will action (no-build); (2) transportation either carryover or use their fiscal year system management/travel demand 2010 entitlements by submitting a grant management; and (3) build alternatives. application by August 1, 2010. A multi-modal evaluation of

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DEPARTMENT OF TRANSPORTATION considered, the impacts to be evaluated, FOR FURTHER INFORMATION CONTACT: Mr. and the methodologies to be used in the Ray Tellis, Team Leader, Los Angeles Federal Transit Administration evaluations should be sent to LACMTA Metropolitan Office, Federal Transit on or before April 14, 2010, at the Administration, 888 South Figueroa Intent To Prepare an Environmental address below. See ADDRESSES below for Street, Suite 1850, Los Angeles, CA Impact Statement for Proposed Transit the address to which written public 90017, phone (213) 202–3950, e-mail Improvements in the Eastside Transit comments may be sent. Public scoping [email protected]. Corridor Phase 2, Eastern Portion of meetings to accept comments on the SUPPLEMENTARY INFORMATION: Los Angeles County, CA scope of the EIS/EIR will be held on the AGENCY: Federal Transit Administration, following dates: Scoping • DOT. Monday, February 22, 2010; 6 to 8 Scoping is the process of determining ACTION: Notice of Intent to prepare an p.m. at the Pico Women’s Center, 9214 the scope, focus and content of an EIS. Mines Avenue, Pico Rivera, CA. FTA and LACMTA invite all interested Environmental Impact Statement. • Wednesday, February 24, 2010; 6 to individuals and organizations, public SUMMARY: The Federal Transit 8 p.m. at the South El Monte Senior agencies, and Native American Tribes to Administration (FTA) and the Los Center/Dining Room, 1556 Central comment on the scope of the Draft EIS, Angeles County Metropolitan Avenue, South El Monte, CA. including the project’s purpose and • Transportation Authority (LACMTA) Thursday, February 25, 2010; 6 to 8 need, the alternatives to be studied, the intend to prepare an Environmental p.m. at the Senior Center at City Park— impacts to be evaluated, and the Impact Statement (EIS) for the Eastside South Wing, 115 South Taylor Avenue, evaluation methods to be used. Transit Corridor Phase 2 Project in Los Montebello, CA. Comments should focus on: Alternatives • Angeles County, California. LACMTA Saturday, February 27, 2010; 10 that may be less costly or have less operates the Metro transit system in Los a.m. to 12 p.m. at the Salvation Army environmental or community impacts Angeles County. The proposed project Santa Fe Springs—Studio 12000, 12000 while achieving similar transportation would provide a continuation of the East Washington Boulevard, Whittier, objectives, and the identification of any Metro Gold Line Eastside Extension, a CA. significant social, economic, or light rail transit line (LRT), from Union The project’s purpose and need and environmental issues relating to the Station in downtown Los Angeles to the description of alternatives for the alternatives. East Los Angeles. This connection proposed project will be presented at NEPA ‘‘scoping’’ has specific and between Downtown Los Angeles and these meetings. The buildings used for fairly limited objectives, one of which is the growing Eastside is consistent with the scoping meetings are accessible to to identify the significant issues regional transportation and land use persons with disabilities. Any associated with alternatives that will be plans. Phase 2 would expand upon the individual who requires special examined in detail in the document, Gold Line Eastside Extension assistance, such as a sign language while simultaneously limiting investment and bring improved, high- interpreter, to participate in the scoping consideration and development of capacity transit service as far east as meeting should contact Ms. Kimberly issues that are not truly significant. It is Whittier or South El Monte, connecting Yu, Transportation Planning Manager, in the NEPA scoping process that the cities of Commerce, Monterey Park, LACMTA, at (213) 922–7910, or potentially significant environmental Montebello, Rosemead, South El Monte, [email protected]. impacts—those that give rise to the need Pico Rivera, Santa Fe Springs and Scoping materials will be available at to prepare an environmental impact Whittier, and unincorporated portions the meetings and on the LACMTA Web statement—should be identified; of Los Angeles County which include site (http://www.metro.net/ impacts that are deemed not to be east Los Angeles and west Whittier-Los eastsidephase2). Paper copies of the significant need not be developed Nietos. scoping materials may also be obtained extensively in the context of the impact The EIS will be prepared in from Ms. Ann Kerman, Outreach Project statement, thereby keeping the accordance with the requirements of the Manager, LACMTA, at (213) 922–7671, statement focused on impacts of National Environmental Policy Act or [email protected]. An interagency consequence. Transit projects may also (NEPA) and its implementing scoping meeting will be held on generate environmental benefits; these regulations. LACMTA will also use the Thursday, February 18, 2010, at 10 a.m. should be highlighted as well—the EIS document to comply with the at LACMTA, in the Windsor Conference impact statement process should draw California Environmental Quality Act Room, 15th Floor, One Gateway Plaza, attention to positive impacts, not just (CEQA), which requires an Los Angeles, CA 90012. Representatives negative impacts. Environmental Impact Report (EIR). The of Native American Tribal governments Once the scope of the environmental purpose of this notice is to alert and of all Federal, State, regional and study, including significant interested parties regarding the intent to local agencies that may have an interest environmental issues to be addressed, is prepare the EIS, to provide information in any aspect of the project will be settled, an annotated outline of the on the nature of the proposed project invited to be participating or document will be prepared and shared and possible alternatives, to invite cooperating agencies, as appropriate. with interested agencies and the public. public participation in the EIS process ADDRESSES: Comments will be accepted The outline serves at least three worthy (including providing comments on the at the public scoping meetings or they purposes, including (1) Documenting scope of the Draft Environmental Impact may be sent to Ms. Kimberly Yu, Project the results of the scoping process; (2) Statement (DEIS)), to announce that Manager, Los Angeles County contributing to the transparency of the public scoping meetings will be Metropolitan Transportation Authority, process; and (3) providing a clear conducted, and to identify participating One Gateway Plaza, Mail Stop 99–22–2, roadmap for concise development of the and cooperating agency contacts. Los Angeles, CA 90012, or via e-mail at environmental document. DATES: Written comments on the scope [email protected]. The locations of the In the interest of producing a readable of the EIS, including the project’s public scoping meetings are given above and user-friendly public document, and purpose and need, the alternatives to be under DATES. pursuant to 40 CFR 1502.10, the EIS

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shall be limited to 250 pages exclusive studies, the Metro Rapid Demonstration medical uses, educational institutions, of any 4(f) and/or 6(f) evaluation. The Project (2000), and in the Southern flood control facilities, and vacant land. EIS should emphasize graphics and California Association of Governments’ The proposed Eastside Transit virtual visual simulations over technical Regional Transportation Plan (2004). Corridor Phase 2 project would connect jargon, and technical appendices shall The Eastside Transit Corridor Phase 2 to the eastern terminus of the Metro be included in a separate volume. is identified in the LACMTA’s Long Gold Line Eastside Extension. In conjunction with the Metro Gold Line Project Initiation Range Plan and has been selected as one of the many transit and highway Eastside Extension, the project would The FTA and LACMTA will prepare projects to receive local Measure R provide through transit service between an Environmental Impact Statement/ funding. Additional considerations downtown Los Angeles and eastern Los Environmental Impact Report (EIS/EIR) supporting the project’s need include: Angeles County. for the Eastside Transit Corridor Phase (1) The concentration of activity centers The two alternatives, Light Rail 2 Project pursuant to 23 U.S.C. 139 and and destinations dispersed throughout Transit (LRT) system, would begin at the California Environmental Quality the project area, such as Montebello the Metro Gold Line Eastside Extension Act (CEQA). LACMTA is serving as the Town Center, Monterey Park Mall, Pico terminus at Atlantic Boulevard and local lead agency for purposes of CEQA Rivera Town Center, Industry Office Pomona Boulevard and continue either environmental clearance, and FTA is east along SR–60 Freeway or southeast Park, Santa Fe Springs Promenade, serving as the Federal lead agency for along Garfield Avenue and Washington Uptown Whittier District, and Whittier purposes of National Environmental Boulevard. Stations plus associated Narrows Recreation Center, which have Policy Act (NEPA) environmental parking, traction power substations a high volume of pedestrian activity and clearance. This notice shall alert (TPSS), and a maintenance yard would attract residents from within and interested parties to the preparation of be part of each LRT alternative. outside of the study area; (2) over the the EIS/EIR, describe the alternatives next 20 years, population is expected to Alternatives under consideration, invite public participation in the EIS/EIR process, grow by nearly 24%, for a total of The Eastside Transit Corridor Phase 2 and announce the public scoping 830,000, and employment is also Alternatives Analysis Report (2009) and meetings. FTA and LACMTA will invite expected to increase 15%, for a total of further refinement documented in the interested Federal, State, Tribal, 384,000 jobs; (3) increasing traffic Alternatives Analysis Report regional and local government agencies congestion on the highway and arterial Addendum, prepared for LACMTA, to be participating agencies under the network throughout the project area; (4) identified four alternatives for further provisions of Section 6002 of transit-supportive General Plans in the consideration in the EIS/EIR. The four SAFETEA–LU. cities of Commerce, Montebello, alternatives include: A No-Build Monterey Park, Pico Rivera, Rosemead, Alternative, Transportation System Purpose and Need for the Project Whittier, and county of Los Angeles; (5) Management (TSM) Alternative, SR–60 The purpose of this project is to significant transit dependent population LRT Alternative, and Washington improve public transit service and in western and eastern portions of the Boulevard LRT Alternative. mobility in the Eastside Transit Corridor project area; and (6) emerging travel No-Build Alternative: The No-Build Phase 2. The project would provide the demand patterns associated with a job- Alternative would maintain existing study area with improved fixed- rich study area that has led to transit service through the year 2035. No guideway east-west transit service from significant westbound congestion new transportation infrastructure would the Metro Gold Line Eastside Extension during the morning rush hours and be built within the project area aside (Phase 1) to cities farther east of the city corresponding eastbound congestion from projects currently under of Los Angeles. Possible eastern during the evening rush hours. construction, or funded for construction extensions from the Metro Gold Line Project Location and Environmental and operation by 2035 by the recently Phase 1 terminus at Atlantic Boulevard Setting approved Measure R sales tax. This would generally continue east parallel alternative will include the highway to or along State Route 60 or south along The Eastside Transit Corridor Phase 2 and transit projects in the current Metro Garfield Avenue, turning southeast Project is located in eastern Los Angeles Long Range Transportation Plan and the along Washington Boulevard. The County and is generally bounded by 2035 Southern California Association of overall goal of the proposed project is to Pomona Boulevard and State Route 60 Governments Regional Transportation improve mobility in the Eastside Transit (SR–60) Freeway to the north, Peck Plan. The completion of the Metro Corridor Phase 2 by extending the Road and Painter Avenue to the east, Rapid Bus Program would be included benefits of the existing Metro Gold Line Olympic and Washington Boulevards to as well as possible additional feeder bus and bus investments beyond the current the south, and Atlantic Boulevard to the networks to serve the region’s major terminus. Mobility problems and west. The project area consists of activity centers. potential improvements for this corridor portions of eight jurisdictions, including Transportation System Management have been well documented in many the cities of Commerce, Montebello, (TSM) Alternative: The DEIS/DEIR will studies that are available from Metro’s Monterey Park, Pico Rivera, Rosemead, evaluate transportation and Records Management Department, Santa Fe Springs, South El Monte, environmental effects of modest including numerous Metro Red Line Whittier and portions of unincorporated improvements in the highway and planning studies, Eastside Transit Los Angeles County which includes east transit systems beyond those in the No- Corridor Studies: Re-Evaluation Major Los Angeles and west Whittier-Los Build Alternative. The TSM Alternative Investment Study (2000), the Eastside Nietos. A diverse mix of land uses are would include low-cost improvements Transit Corridor Phase 2 Final located within the project area, to the No-Build Alternative to reduce Alternatives Analysis Report (2009), the including single- and multi-family delay and enhance mobility. The TSM Eastside Transit Corridor Phase 2 residences, commercial and retail uses, Alternative would emphasize Alternatives Analysis Addendum industrial development, parks and transportation system upgrades, such as (2009), Southern California Association recreational uses including the Whittier intersection improvements, minor road of Governments (SCAG) planning Narrows Recreation Center, health and widening, traffic engineering actions,

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bus route restructuring, shortened bus operation of the proposed project. The LACMTA may seek New Starts headways, expanded use of articulated probable impacts will be determined as funding for the proposed project under buses, reserved bus lanes, expanded a part of project scoping. Unless further 49 United States Code 5309 and will, park-and-ride facilities, express and screening illuminates areas of possible therefore, be subject to New Starts limited-stop service, signalization impact, resource areas will be limited to regulations (49 Code of Federal improvements, and timed-transfer those uncovered during scoping. Regulations (CFR) Part 611). The New operations. Key elements of the TSM Measures to avoid, minimize, and Starts regulations also require the Alternative include: Providing new mitigate adverse impacts will also be submission of certain project- Pomona Freeway Express service identified and evaluated. justification information to support a connecting to the Metro Gold Line request to initiate preliminary Eastside Extension terminus; providing FTA Procedures engineering. This information is new Beverly Boulevard Rapid bus The regulations implementing NEPA, service; adding service to M10 Whittier normally developed in conjunction with as well as provisions of the Safe, the NEPA process. Pertinent New Starts Boulevard and M50 Washington Accountable, Flexible, Efficient evaluation criteria will be included in Boulevard bus routes; upgrading M30 Transportation Equity Act: A Legacy for the EIS. Garfield Avenue and M20 Montebello Users (SAFETEA–LU), call for public Boulevard bus lines; adding service to involvement in the EIS process. Section The EIS will be prepared in Metro 265 and 266 local buses; adding 6002 of SAFETEA–LU requires that FTA accordance with NEPA and its service to Foothill Transit 274; and and LACMTA do the following: (1) implementing regulations issued by the providing new 577 Express service Extend an invitation to other Federal Council on Environmental Quality (40 operating along Metro Route 270. and non-Federal agencies and Native CFR Parts 1500–1508) and with the SR–60 LRT Alternative: This build American Tribes that may have an FTA/Federal Highway Administration alternative alignment extends interest in the proposed project to regulations ‘‘Environmental Impact and approximately 6.9 miles east with a become ‘‘participating agencies;’’ (2) Related Procedures’’ (23 CFR Part 771). street level, at-grade system from the provide an opportunity for involvement In accordance with 23 CFR Part current Metro Gold Line Eastside by participating agencies and the public 771.105(a) and 23 CFR Part 774, FTA Extension terminus at Atlantic to help define the purpose and need for Boulevard and Pomona Boulevard and will comply with all Federal a proposed project, as well as the range environmental laws, regulations, and transitions to an aerial configuration of alternatives for consideration in the along the south edge of the SR–60 executive orders applicable to the EIS; and (3) establish a plan for proposed project during the Freeway, within the right-of-way, to coordinating public and agency Peck Road. A total of four aerial stations environmental review process to the participation in, and comment on, the maximum extent practicable. These are proposed under this alternative with environmental review process. An requirements include, but are not locations at SR–60 and Garfield Avenue, invitation to become a participating or SR–60 and Montebello Town Center, limited to, the environmental and cooperating agency, with scoping SR–60 and Santa Anita Avenue, and materials appended, will be extended to public hearing provisions of Federal SR–60 and Peck Road. transit laws (49 U.S.C. 5301(e), 5323(b), Washington Boulevard LRT other Federal and non-Federal agencies and Native American Tribes that may and 5324); the project-level air quality Alternative: This build alternative conformity regulation of the U.S. alignment extends east with a street have an interest in the proposed project. It is possible that FTA and LACMTA Environmental Protection Agency (EPA) level, at-grade system from the current (40 CFR Part 93); the Section 404(b)(1) Metro Gold Line Eastside Extension will not be able to identify all Federal and non-Federal agencies and Native guidelines of EPA (40 CFR Part 230); the terminus at Atlantic Boulevard and regulation implementing Section 106 of Pomona Boulevard and transitions to an American Tribes that may have such an the National Historic Preservation Act aerial configuration along the south interest. Any Federal or non-Federal edge of the SR–60 Freeway. The aerial agency or Native American Tribe (36 CFR Part 800); the regulation alignment turns and continues south on interested in the proposed project that implementing Section 7 of the Garfield Avenue, and then continues does not receive an invitation to become Endangered Species Act (50 CFR Part southeast along Washington Boulevard a participating agency should notify at 402); Section 4(f) of the Department of to a terminus east of Lambert Road. This the earliest opportunity the Project Transportation Act (23 CFR Part 774); alternative is approximately 9.3 miles in Manager identified above under and Executive Orders 12898 on length, with a total of six aerial stations ADDRESSES. environmental justice, 11988 on located at SR–60 and Garfield Avenue, A comprehensive public involvement floodplain management, and 11990 on Garfield Avenue and Whittier program and a Coordination Plan for wetlands. public and interagency involvement Boulevard, Washington Boulevard and Issued on: January 20, 2010. Greenwood Avenue, Washington and will be developed for the project and Leslie T. Rogers, Rosemead Boulevards, Washington and posted on LACMTA’s Web site (Eastside Norwalk Boulevards, and Washington Transit Corridor Phase 2 Project Web Regional Administrator, Region IX, Federal Boulevard and Lambert Road. page: http://www.metro.net/ Transit Administration. eastsidephase2). The public [FR Doc. 2010–1332 Filed 1–22–10; 8:45 am] Probable Effects involvement program includes a full BILLING CODE 4910–57–P The purpose of this EIS/EIR process is range of activities including the project to study, in a public setting, the effects Web page on the LACMTA Web site, of the proposed project and its development and distribution of project alternatives on the physical, human, newsletters, and outreach to local and natural environment. The FTA and officials, community and civic groups, LACMTA will evaluate all significant and the public. Specific activities or environmental, social, and economic events for involvement will be detailed impacts of the construction and in the public involvement program.

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DEPARTMENT OF TRANSPORTATION RSAC is composed of 54 voting • Welcome/Agenda Overview representatives from 31 member • MOPS General Status Federal Railroad Administration organizations, representing various rail • MOPS Part 23 inputs status • [Docket No. FRA–2000–7257; Notice No. 58] industry perspectives. In addition, there MOPS Part 25/27 inputs status are non-voting advisory representatives • Breakout into individual MOPS Railroad Safety Advisory Committee; from the agencies with railroad safety sections WGs Notice of Meeting regulatory responsibility in Canada and • All-hands to Merge the MOPS Mexico, the National Transportation sections WGs AGENCY: Federal Railroad Safety Board, and the Federal Transit • Report out from each MOPS WG: Administration (FRA), Department of Administration. The diversity of the status, schedule, issues Transportation (DOT). Committee ensures the requisite range • Establish Dates, Location, Agenda for ACTION: Announcement of Railroad of views and expertise necessary to Next Meeting, Other Business Safety Advisory Committee (RSAC) discharge its responsibilities. See the Attendance is open to the interested Meeting. RSAC Web site for details on pending public but limited to space availability. tasks at: http://rsac.fra.dot.gov. Please With the approval of the chairmen, SUMMARY: FRA announces the forty-first refer to the notice published in the members of the public may present oral meeting of the RSAC, a Federal advisory Federal Register on March 11, 1996 (61 statements at the meeting. Persons committee that develops railroad safety FR 9740), for additional information wishing to present statements or obtain regulations through a consensus about the RSAC. information should contact the person process. The RSAC meeting topics will listed in the FOR FURTHER INFORMATION include opening remarks from the FRA Issued in Washington, DC on January 19, Administrator, and status reports will be 2010. CONTACT section. Members of the public provided by the Locomotive Standards, Grady C. Cothen, Jr., may present a written statement to the Passenger Safety, Track Safety Deputy Associate Administrator for Safety committee at any time. Standards, and Medical Standards Standards and Program Development. Issued in Washington, DC, on January 15, Working Groups. Status updates will be [FR Doc. 2010–1281 Filed 1–22–10; 8:45 am] 2010. provided on the following tasks arising BILLING CODE 4910–06–P Francisco Estrada C., out of the Rail Safety Improvement Act RTCA Advisory Committee. of 2008 (RSIA): Positive Train Control, [FR Doc. 2010–1287 Filed 1–22–10; 8:45 am] DEPARTMENT OF TRANSPORTATION Passenger Hours of Service, Railroad BILLING CODE 4910–13–P Bridge Safety Management, and Federal Aviation Administration Conductor Certification. FRA may offer a new task on Minimum Training Fifth Meeting—RTCA Special DEPARTMENT OF TRANSPORTATION Standards for Safety-Related Railroad Committee 220: Automatic Flight Federal Aviation Administration Employees, as required by the RSIA. Guidance and Control This agenda is subject to change, Noise Exposure Map Notice for Kona including the possible addition of AGENCY: Federal Aviation International Airport at Keahole, further proposed tasks. Administration (FAA), DOT. Keahole, North Kona, HI DATES: The meeting of the RSAC is ACTION: Notice of RTCA Special scheduled to commence at 9:30 a.m. on Committee 220: Automatic Flight AGENCY: Federal Aviation Thursday, February 11, 2010, and will Guidance and Control meeting. Administration, DOT. adjourn by 4:30 p.m. ACTION: Notice. SUMMARY: The FAA is issuing this notice ADDRESSES: The RSAC meeting will be held at the Marriott Washington, to advise the public of a meeting of SUMMARY: The Federal Aviation Wardman Park Hotel, located at 2660 RTCA Special Committee 220: Administration (FAA) announces its Woodley Road, NW., Washington, DC. Automatic Flight Guidance and Control. determination that the noise exposure The meeting is open to the public on a DATES: The meeting will be held maps submitted by the State of Hawaii first-come, first-served basis, and is February 23–25, 2010. February 23rd– for Kona International Airport at accessible to individuals with 24th from 9 a.m. to 5 p.m. and February Keahole under the provisions of 49 disabilities. Sign and oral interpretation 25th from 9 a.m. to 2 p.m. U.S.C. 47501 et seq. (Aviation Safety can be made available if requested 10 ADDRESSES: The meeting will be held at and Noise Abatement Act) and 14 CFR calendar days before the meeting. the Hilton Garden Inn Tucson Airport, Part 150 are in compliance with FOR FURTHER INFORMATION CONTACT: 6575 South Country Club Road, Tucson, applicable requirements. Larry Woolverton, RSAC Administrative Arizona, USA 85706, Tel. +1–520–741– DATES: Effective Date: The effective date Officer/Coordinator, FRA, 1200 New 0505, Fax: +1–520–741–0510. of the FAA’s determination on the noise Jersey Avenue, SE., Mailstop 25, FOR FURTHER INFORMATION CONTACT: (1) exposure maps is January 12, 2010. Washington, DC 20590, (202) 493–6212; RTCA Secretariat, 1828 L Street, NW., FOR FURTHER INFORMATION CONTACT: or Grady Cothen, Deputy Associate Suite 805, Washington, DC 20036; Peter Ciesla, Federal Aviation Administrator for Safety, FRA, 1200 telephone (202) 833–9339; fax (202) Administration, Western Pacific Region, New Jersey Avenue, SE., Mailstop 25, 833–9434; Web site http://www.rtca.org. Airports Division, P.O. Box 92007, Los Washington, DC 20590, (202) 493–6302. SUPPLEMENTARY INFORMATION: Pursuant Angeles, California 90009–2007, SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal Telephone: (310) 725–3612. to Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92– SUPPLEMENTARY INFORMATION: This Advisory Committee Act (Pub. L. 92– 463, 5 U.S.C., Appendix 2), notice is notice announces that the FAA finds 463), FRA is giving notice of a meeting hereby given for a Special Committee that the noise exposure maps submitted of the RSAC. The RSAC was established 220: Automatic Flight Guidance and for Kona International Airport at to provide advice and recommendations Control meeting. The agenda will Keahole are in compliance with to FRA on railroad safety matters. The include: applicable requirements of Part 150,

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effective January 12, 2010. Under 49 limited to a finding that the maps were Issued in Hawthorne, California on January U.S.C. section 47503 of the Aviation developed in accordance with the 12, 2010. Safety and Noise Abatement Act procedures contained in Appendix A of Mia Paredes Ratcliff, (hereinafter referred to as ‘‘the Act’’), an FAR Part 150. Such determination does Acting Manager, Airports Division, AWP–600, airport operator may submit to the FAA not constitute approval of the Western-Pacific Region. noise exposure maps which meet applicant’s data, information or plans, [FR Doc. 2010–1326 Filed 1–22–10; 8:45 am] applicable regulations and which depict or a commitment to approve a noise BILLING CODE 4910–13–P non-compatible land uses as of the date compatibility program or to fund the of submission of such maps, a implementation of that program. If description of projected aircraft questions arise concerning the precise DEPARTMENT OF TRANSPORTATION operations, and the ways in which such relationship of specific properties to operations will affect such maps. The noise exposure contours depicted on a Federal Railroad Administration Act requires such maps to be developed noise exposure map submitted under Petition for Waiver of Compliance in consultation with interested and section 47503 of the Act, it should be affected parties in the local community, noted that the FAA is not involved in In accordance with Part 211 of Title government agencies, and persons using any way in determining the relative 49 Code of Federal Regulations (CFR), the airport. An airport operator who has locations of specific properties with notice is hereby given that the Federal submitted noise exposure maps that are regard to the depicted noise contours, or Railroad Administration (FRA) has found by FAA to be in compliance with in interpreting the noise exposure maps received a request for a waiver of the requirements of Federal Aviation to resolve questions concerning, for compliance from certain requirements Regulations (FAR) Part 150, example, which properties should be of its safety standards. The individual promulgated pursuant to the Act, may covered by the provisions of section petition is described below, including submit a noise compatibility program 47506 of the Act. These functions are the party seeking relief, the regulatory for FAA approval which sets forth the inseparable from the ultimate land use provisions involved, the nature of the measures the operator has taken or control and planning responsibilities of relief being requested, and the proposes to take to reduce existing non- local government. These local petitioner’s arguments in favor of relief. compatible uses and prevent the responsibilities are not changed in any introduction of additional non- way under Part 150 or through FAA’s Peninsula Corridor Joint Powers Board- compatible uses. review of noise exposure maps. Caltrain The FAA has completed its review of Therefore, the responsibility for the [Waiver Petition Docket Number FRA–2009– the noise exposure maps and detailed overlaying of noise exposure 0124] accompanying documentation contours onto the map depicting submitted by the State of Hawaii. The The Peninsula Corridor Joint Powers properties on the surface rests Board (JPB) seeks a waiver of documentation that constitutes the exclusively with the airport operator ‘‘ ’’ compliance from certain provisions of noise exposure maps as defined in that submitted those maps, or with section 150.7 of Part 150 includes: Title 49 CFR Part 238 Passenger those public agencies and planning Equipment Safety Standards. Exhibit 1, Existing Conditions (2008) agencies with which consultation is Noise Exposure Map and Exhibit, Specifically, JPB is considering required under section 47503 of the Act. purchasing non-FRA compliant high- Future Condition (2013) Noise Exposure The FAA has relied on the certification Map. The Noise Exposure Maps contain efficiency electric multiple unit (EMU) by the airport operator, under section current and forecast information vehicles, constructed to European safety 150.21 of FAR Part 150, that the including the depiction of the airport standards for its Caltrain commuter rail statutorily required consultation has and its boundaries, the runway service between San Francisco, CA, and been accomplished. configurations, land uses such as Gilroy, CA. JPB seeks relief from the residential, noise sensitive institutions, Copies of the full noise exposure map requirements of § 238.204 Static End a school, non noise-sensitive land uses, documentation and of the FAA’s Strength; § 238.205 Anti-Climbing and growth risk areas, and also those evaluation of the maps are available for Mechanism; § 238.207 Link Between areas within the noise contours. examination at the following locations: Coupling Mechanism; § 238.211 Estimates for the number of people Federal Aviation Administration, Collision Posts; and § 238.213 Corner within these contours, for the year 2008 Western-Pacific Region, Airports Posts. is shown in Table 4C. Estimates of the Division, Room 3012, 15000 Aviation JPB, which owns and operates the future number of people within the Boulevard, Hawthorne, California Caltrain commuter rail service between 2013 noise contours is shown in Table 90261; San Francisco, CA, and Gilroy, CA 4F. Flight tracks for the existing and the Federal Aviation Administration, [MilePost (MP) 51.9], is currently five-year forecast Noise Exposure Maps Honolulu Airports District Office, 300 considering a program that increases are found in Exhibits 3E, 3F, 3G, and Ala Moana Boulevard, 7–128, system capacity by removing constraints 3H. The type and frequency of aircraft Honolulu, Hawaii 96850; within the system. This program, referred to as ‘‘Caltrain 2025,’’ will allow operations (including nighttime State of Hawaii, Department of Caltrain to expand service and reduce operations) are found in Tables 3A and Transportation, Airports Division, 400 costs while providing a measurably 3B for the existing conditions (2008) Rodgers Boulevard, Suite 700, safer transportation network. Along and the future conditions (2013). The Honolulu, Hawaii 96819–1880; FAA has determined that these noise with electrification of mainline tracks exposure maps and accompanying Kona International Airport at Keahole, and implementation of an enhanced documentation are in compliance with 73–200 Kupipi Street, Kailua-Kona, positive train control system, a key applicable requirements. This Hawaii 96740–2645. component of this program involves the determination is effective on January 12, Questions may be directed to the operation of some non-FRA compliant 2010. individual named above under the high-efficiency EMU vehicles FAA’s determination on an airport heading, FOR FURTHER INFORMATION constructed to European safety operator’s noise exposure maps is CONTACT. standards that feature Crash Energy

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Management capabilities. Also, Caltrain 19477) or at http://www.dot.gov/ which is a single track used solely for will temporally separate freight privacy.html. freight operations. As part of this Mid- operations from passenger operations Issued in Washington, DC, on January 19, Jordan extension, UTA will reconstruct between San Francisco, CA, and Santa 2010. this existing track and add a new Clara (MP 44.6), by limiting freight Grady C. Cothen, Jr., parallel track. This construction will movements to the exclusive freight Deputy Associate Administrator for Safety allow that portion of the Mid-Jordan period hours of midnight–5 a.m. Only Standards and Program Development. LRT line that runs on the Bingham from MP 44.6–MP 51.9 will freight [FR Doc. 2010–1226 Filed 1–22–10; 8:45 am] Branch to utilize two (2) tracks for light service commingle with Caltrain rail operations during the temporally BILLING CODE 4910–06–P commuter equipment during revenue separated passenger period. UPRR will service. continue to operate on the Bingham Interested parties are invited to DEPARTMENT OF TRANSPORTATION Branch only during the freight period. participate in these proceedings by UTA anticipates petitioning FRA at a submitting written views, data, or Federal Railroad Administration future date for a supplemental waiver of comments. FRA does not anticipate compliance from certain portions of scheduling a public hearing in Petition for Waiver of Compliance Title 49 of the CFR for shared use connection with these proceedings since In accordance with Part 211 of Title temporal separation operations on this the facts do not appear to warrant a 49 Code of Federal Regulations (CFR), Mid-Jordan LRT line extension. hearing. If any interested party desires notice is hereby given that the Federal This petition pertains to UTA’s intent an opportunity for oral comment, they Railroad Administration (FRA) has to first construct an initial 2-mile should notify FRA, in writing, before received a request for a waiver of portion of this Mid-Jordan extension the end of the comment period and compliance from certain requirements called the Daybreak/Test Track specify the basis for their request. of its safety standards. The individual Segment, which will be used All communications concerning these petition is described below, including exclusively by UTA TRAX LRT proceedings should identify the the party seeking relief, the regulatory equipment. This track initially will be appropriate docket number (e.g., Waiver provisions involved, the nature of the used to commission new LRV Petition Docket Number FRA–2009– relief being requested, and the equipment and to train LRV operators. 0124) and may be submitted by any of petitioner’s arguments in favor of relief. This Daybreak/Test Track segment will the following methods: be an exclusive light rail portion of the • Web site: http:// Utah Transit Authority Mid-Jordan LRT line extension, with a www.regulations.gov. Follow the online [Supplement to Waiver Docket Number FRA– limited connection to UPRR Bingham instructions for submitting comments. 1999–6253] Branch at address 5600 West. This • Fax: 202–493–2251. As a supplement to the Utah Transit connection will be composed of four • Mail: Docket Operations Facility, Authority’s (UTA) Petition for Approval electrically locked hand throw switches U.S. Department of Transportation, 1200 of Shared Use and Waiver of Certain interlocked with UTA’s Signal & Train New Jersey Avenue, SE., W12–140, FRA Regulations (the original shared Control System. In addition to this, UTA Washington, DC 20590. use waiver was granted by the FRA will temporarily employ portable derail • Hand Delivery: 1200 New Jersey Railroad Safety Board on August 19, devices to separate any possible Avenue, SE., Room W12–140, 1999, for the Sandy/Salt Lake TRAX incursions of UPRR equipment onto this Washington, DC 20590, between 9 a.m. LRT line), UTA is amending the terms Daybreak/Test Track equipment. Derails and 5 p.m., Monday through Friday, and conditions of the original waiver by will be permanently removed once UTA except Federal holidays. constructing the Daybreak/Test Track has completed testing and begun pre- Communications received within 45 Segment portion of the Mid-Jordan LRT revenue service on the entire Mid- days of the date of this notice will be line extension of the Sandy/Salt Lake Jordan line. considered by FRA before final action is TRAX LRT line. This Test Track will be Interested parties are invited to taken. Comments received after that an exclusive light rail segment, featuring participate in these proceedings by date will be considered as far as a limited connection to the general submitting written views, data, or practicable. All written communications freight system at an interlocking. UTA comments. FRA does not anticipate concerning these proceedings are submits that this request is consistent scheduling a public hearing in available for examination during regular with the waiver process for Shared Use. connection with these proceedings since business hours (9 a.m.–5 p.m.) at the See Statement of Agency Policy the facts do not appear to warrant a above facility. All documents in the Concerning Jurisdiction Over the Safety hearing. If any interested party desires public docket are also available for of Railroad Passenger Operations and an opportunity for oral comment, they inspection and copying on the Internet Waivers Related to Shared Use of the should notify FRA, in writing, before at the docket facility’s Web site at Tracks of the General Railroad System the end of the comment period and http:// by Light Rail and Conventional specify the basis for their request. www.regulations.gov. Equipment, 65 FR 42529 (July 10, 2000); All communications concerning these Anyone is able to search the see also Joint Statement of Agency proceedings should identify the electronic form of any written Policy Concerning Shared Use of the appropriate docket number (e.g., Waiver communications and comments Tracks of the General Railroad System Petition Docket Number FRA–1999– received into any of our dockets by the by Conventional Railroads and Light 6253) and may be submitted by any of name of the individual submitting the Rail Transit Systems, 65 FR 42626 (July the following methods: document (or signing the document, if 10, 2000). • Web site: http:// submitted on behalf of an association, UTA is expanding its original Sandy/ www.regulations.gov. Follow the online business, labor union, etc.). You may Salt Lake TRAX LRT line by building instructions for submitting comments. review DOT’s complete Privacy Act the 10.6-mile Mid-Jordan LRT line • Fax: 202–493–2251. Statement in the Federal Register extension on the active Union Pacific • Mail: Docket Operations Facility, published on April 11, 2000 (65 FR Railroad (UPRR) Bingham Branch, U.S. Department of Transportation, 1200

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New Jersey Avenue, SE., W12–140, at OAK, Oakland, Alameda County, 9. San Leandro Public Library (Main), Washington, DC 20590. California. The proposed airport 300 Estudillo Avenue, San Leandro, CA • Hand Delivery: 1200 New Jersey connector project would operate on an 94577. Avenue, SE., Room W12–140, Automated Guideway Transit (AGT) 10. MTC–ABAG Library, Joseph P. Washington, DC 20590, between 9 a.m. system on an exclusive, approximate 3- Bort MetroCenter, 101 8th Street, and 5 p.m., Monday through Friday, mile long right-of-way. The AGT would Oakland, CA 94607. except Federal holidays. provide a link between the existing FOR FURTHER INFORMATION CONTACT: Mr. Communications received within 45 BART Coliseum station and the airport Peter Ciesla, Regional Environmental days of the date of this notice will be terminal. Approximately one mile of the Protection Specialist, Federal Aviation considered by FRA before final action is connector project would be built on Administration, Western-Pacific Region, taken. Comments received after that airport property. The connector project Airports Division, 15000 Aviation date will be considered as far as would improve access to OAK by using Boulevard, Hawthorne, California practicable. All written communications a direct and convenient connection to 90261. Telephone: (310) 725–3612. concerning these proceedings are the existing regional BART rail transit available for examination during regular Issued in Hawthorne, California on January system. The ROD discusses alternatives 12, 2010. business hours (9 a.m.–5 p.m.) at the considered by FAA in reaching its Mia Paredes Ratcliff, above facility. All documents in the decision, summarizes the analysis used public docket are also available for to evaluate the alternatives, and briefly Acting Manager, Airports Division, Western- Pacific Region, AWP–600. inspection and copying on the Internet summarizes the potential environmental at the docket facility’s Web site at consequences evaluated in the FAA’s [FR Doc. 2010–1286 Filed 1–22–10; 8:45 am] http://www.regulations.gov. ROD. The ROD also identifies the FAA’s BILLING CODE 4910–13–P Anyone is able to search the environmentally preferred alternative, electronic form of any written applicable and required mitigation. The DEPARTMENT OF TRANSPORTATION communications and comments FAA submitted a letter to the U.S. received into any of our dockets by the Environmental Protection Agency (EPA) Maritime Administration name of the individual submitting the on November 19, 2009, indicating the document (or signing the document, if FAA was adopting the Federal Transit [Docket No. MARAD–2010–0003] submitted on behalf of an association, Administration (FTA) 2002 FEIS on this business, labor union, etc.). You may project and also re-circulated the EIS as Requested Administrative Waiver of review DOT’s complete Privacy Act a Final EIS for the FAA. EPA published the Coastwise Trade Laws Statement in the Federal Register the notice indicating FAA’s adoption of AGENCY: Maritime Administration, published on April 11, 2000 (65 FR the FTA FEIS in the Federal Register on Department of Transportation. 19477) or at http://www.dot.gov/ November 27, 2009. The comment ACTION: Invitation for public comments privacy.html. period closed on December 28, 2009 and on a requested administrative waiver of comments were received from the EPA. Issued in Washington, DC on January 19, the Coastwise Trade Laws for the vessel 2010. The FAA provided responses to the EPA CYTHERA. Grady C. Cothen, Jr., comments in Appendix A of the ROD. Deputy Associate Administrator for Safety Copies of the ROD are available for SUMMARY: As authorized by 46 U.S.C. Standards and Program Development. public examination during business 12121, the Secretary of Transportation, [FR Doc. 2010–1236 Filed 1–22–10; 8:45 am] hours at the following locations: as represented by the Maritime BILLING CODE 4910–06–P 1. Federal Aviation Administration, Administration (MARAD), is authorized San Francisco Airports District Office, to grant waivers of the U.S.-build 831 Mitten Road, Room 210, requirement of the coastwise laws under DEPARTMENT OF TRANSPORTATION Burlingame, CA 94010–1303. certain circumstances. A request for 2. Federal Aviation Administration, such a waiver has been received by Federal Aviation Administration Airports Division, Room 3012, 15000 MARAD. The vessel, and a brief Aviation Boulevard, Hawthorne, CA description of the proposed service, is Notice of Availability of a Record of 90261. listed below. The complete application Decision (ROD) for the Proposed Bay 3. Federal Aviation Administration, is given in DOT docket MARAD–2010– Area Rapid Transit (BART) Connector Office of the Associate Administrator for 0003 at http://www.regulations.gov. Project at Oakland International Airport Airports, Planning and Environmental Interested parties may comment on the (OAK), Oakland, Alameda County, CA Division, Room 615, 800 Independence effect this action may have on U.S. AGENCY: Federal Aviation Avenue, SW., Washington, DC 20591. vessel builders or businesses in the U.S. Administration (FAA), DOT. 4. Administrative Offices of the Port that use U.S.-flag vessels. If MARAD ACTION: Notice of availability of Record of Oakland, Port of Oakland, 530 Water determines, in accordance with 46 of Decision. Street, Oakland, CA 94607. U.S.C. 12121 and MARAD’s regulations 5. Alameda Public Library, Bay Farm at 46 CFR part 388 (68 FR 23084; April SUMMARY: The FAA is issuing this notice Island Library, 3221 Macartney Road, 30, 2003), that the issuance of the to advise the public that it has issued a Alameda, CA 94502. waiver will have an unduly adverse ROD for the proposed construction and 6. Oakland Public Library, Brookfield effect on a U.S.-vessel builder or a operation of the proposed BART Branch, 9255 Edes Avenue, Oakland, business that uses U.S.-flag vessels in connector project at OAK. The ROD CA 94603. that business, a waiver will not be evaluated the proposed BART–OAK 7. Oakland Public Library, Main granted. Comments should refer to the connector project at OAK, Oakland, Library, 125 14th Street, Oakland, CA docket number of this notice and the Alameda County, California. 94612. vessel name in order for MARAD to SUPPLEMENTARY INFORMATION: The FAA 8. Oakland Public Library, Martin properly consider the comments. has completed and issued its ROD for a Luther King Jr. Branch, 6833 Comments should also state the proposed BART–OAK connector project International Blvd., Oakland, CA 94621. commenter’s interest in the waiver

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application, and address the waiver DEPARTMENT OF TRANSPORTATION of this document and all documents criteria given in § 388.4 of MARAD’s entered into this docket are available on regulations at 46 CFR part 388. Maritime Administration the World Wide Web at http:// www.regulations.gov. DATES: Submit comments on or before [Docket No. MARAD–2010–0004] February 24, 2010. FOR FURTHER INFORMATION CONTACT: Requested Administrative Waiver of Joann Spittle, U.S. Department of ADDRESSES: Comments should refer to the Coastwise Trade Laws Transportation, Maritime docket number MARAD–2010–0003. Administration, 1200 New Jersey AGENCY: Maritime Administration, Written comments may be submitted by Avenue, SE., Room W21–203, Department of Transportation. hand or by mail to the Docket Clerk, Washington, DC 20590. Telephone 202– U.S. Department of Transportation, ACTION: Invitation for public comments 366–5979. Docket Operations, M–30, West on a requested administrative waiver of SUPPLEMENTARY INFORMATION: As Building Ground Floor, Room W12–140, the Coastwise Trade Laws for the vessel described by the applicant the intended 1200 New Jersey Avenue, SE., MELE KAI. service of the vessel MELE KAI is: Washington, DC 20590. You may also SUMMARY: As authorized by 46 U.S.C. Intended Commercial Use of Vessel: send comments electronically via the 12121, the Secretary of Transportation, ‘‘Sport fishing out of Nawiliwili Harbor Internet at http://www.regulations.gov. as represented by the Maritime and the surrounding waters in Kauai, All comments will become part of this Administration (MARAD), is authorized Hawaii.’’ Geographic Region: ‘‘Lihue, Hawaii docket and will be available for to grant waivers of the U.S.-build out of Nawiliwili Harbor’’. inspection and copying at the above requirement of the coastwise laws under address between 10 a.m. and 5 p.m., certain circumstances. A request for Privacy Act E.T., Monday through Friday, except such a waiver has been received by Anyone is able to search the federal holidays. An electronic version MARAD. The vessel, and a brief electronic form of all comments of this document and all documents description of the proposed service, is received into any of our dockets by the entered into this docket is available on listed below. The complete application name of the individual submitting the the World Wide Web at http:// is given in DOT docket MARAD–2010– comment (or signing the comment, if www.regulations.gov. 0004 at http://www.regulations.gov. submitted on behalf of an association, Interested parties may comment on the business, labor union, etc.). You may FOR FURTHER INFORMATION CONTACT: effect this action may have on U.S. review DOT’s complete Privacy Act Joann Spittle, U.S. Department of vessel builders or businesses in the U.S. Statement in the Federal Register Transportation, Maritime that use U.S.-flag vessels. If MARAD published on April 11, 2000 (Volume Administration, 1200 New Jersey determines, in accordance with 46 65, Number 70; Pages 19477–78). Avenue, SE., Room W21–203, U.S.C. 12121 and MARAD’s regulations Washington, DC 20590. Telephone 202– at 46 CFR part 388 (68 FR 23084; April Dated: January 13, 2010. 366–5979. 30, 2003), that the issuance of the By Order of the Maritime Administrator. waiver will have an unduly adverse Murray Bloom, SUPPLEMENTARY INFORMATION: As effect on a U.S.-vessel builder or a Acting Secretary, Maritime Administration. described by the applicant the intended business that uses U.S.-flag vessels in [FR Doc. 2010–1285 Filed 1–22–10; 8:45 am] service of the vessel CYTHERA is: that business, a waiver will not be BILLING CODE 4910–81–P Intended Commercial Use of Vessel: granted. Comments should refer to the ‘‘Sailing pleasure cruise.’’ docket number of this notice and the Geographic Region: ‘‘SC, NC, GA, FL, vessel name in order for MARAD to DEPARTMENT OF TRANSPORTATION VA, MD, DE, NJ, NY, CT, RI, MA, NH, properly consider the comments. Comments should also state the Maritime Administration ME’’. commenter’s interest in the waiver [Docket No. MARAD–2010–0005] Privacy Act application, and address the waiver criteria given in § 388.4 of MARAD’s Requested Administrative Waiver of Anyone is able to search the regulations at 46 CFR part 388. the Coastwise Trade Laws electronic form of all comments DATES: Submit comments on or before AGENCY: Maritime Administration, received into any of our dockets by the February 24, 2010. name of the individual submitting the Department of Transportation. ADDRESSES: Comments should refer to comment (or signing the comment, if ACTION: Invitation for public comments docket number MARAD–2010–0004. on a requested administrative waiver of submitted on behalf of an association, Written comments may be submitted by business, labor union, etc.). You may the Coastwise Trade Laws for the vessel hand or by mail to the Docket Clerk, M/V VIA MARE. review DOT’s complete Privacy Act U.S. Department of Transportation, Statement in the Federal Register Docket Operations, M–30, West SUMMARY: As authorized by 46 U.S.C. published on April 11, 2000 (Volume Building Ground Floor, Room W12–140, 12121, the Secretary of Transportation, 65, Number 70; Pages 19477–78). 1200 New Jersey Avenue, SE., as represented by the Maritime Dated: January 13, 2010. Washington, DC 20590. You may also Administration (MARAD), is authorized By Order of the Maritime Administrator. send comments electronically via the to grant waivers of the U.S.-build Internet at http://www.regulations.gov. requirement of the coastwise laws under Murray Bloom, All comments will become part of this certain circumstances. A request for Acting Secretary, Maritime Administration. docket and will be available for such a waiver has been received by [FR Doc. 2010–1282 Filed 1–22–10; 8:45 am] inspection and copying at the above MARAD. The vessel, and a brief BILLING CODE 4910–81–P address between 10 a.m. and 5 p.m., description of the proposed service, is E.T., Monday through Friday, except listed below. The complete application Federal holidays. An electronic version is given in DOT docket MARAD–2010–

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0005 at http://www.regulations.gov. business, labor union, etc.). You may Payment System (EFTPS). Other Interested parties may comment on the review DOT’s complete Privacy Act taxpayers may choose to voluntarily effect this action may have on U.S. Statement in the Federal Register participate in EFTPS. EFTPS requires vessel builders or businesses in the U.S. published on April 11, 2000 (Volume that a taxpayer complete an enrollment that use U.S.-flag vessels. If MARAD 65, Number 70; Pages 19477–78). form to provide the information the IRS determines, in accordance with 46 Dated: January 13, 2010. needs to properly credit the taxpayer’s U.S.C. 12121 and MARAD’s regulations By order of the Maritime Administrator. account. Revenue 97–33 provides at 46 CFR Part 388 (68 FR 23084; April procedures and information that will Murray Bloom, 30, 2003), that the issuance of the help taxpayers to electronically make waiver will have an unduly adverse Acting Secretary, Maritime Administration. FTDs and tax payments through EFTPS. effect on a U.S.-vessel builder or a [FR Doc. 2010–1284 Filed 1–22–10; 8:45 am] Respondents: Businesses or other for- business that uses U.S.-flag vessels in BILLING CODE 4910–81–P profits. that business, a waiver will not be Estimated Total Burden Hours: granted. Comments should refer to the 278,622 hours. docket number of this notice and the DEPARTMENT OF THE TREASURY OMB Number: 1545–0052. vessel name in order for MARAD to Type of Review: Extension. Submission for OMB Review; properly consider the comments. Title: Form 990–PF, Return of Private Comment Request Comments should also state the Foundation or Section 4947(a)(1) commenter’s interest in the waiver January 19, 2010. Nonexempt Charitable Trust Treated as application, and address the waiver The Department of Treasury will a Private Foundation, and Form 4720, criteria given in § 388.4 of MARAD’s submit the following public information Return of Certain Excise Taxes on regulations at 46 CFR Part 388. collection requirements to OMB for Charities and Other. DATES: Submit comments on or before review and clearance under the Form: 990–PF, 4720, 4720 sch I. February 24, 2010. Paperwork Reduction Act of 1995, Description: IRC section 6033 requires ADDRESSES: Comments should refer to Public Law 104–13 on or after the date all private foundations, including docket number MARAD–2010–0005. of publication of this notice. A copy of section 4947(a)(1) trusts treated as Written comments may be submitted by this submission may be obtained by private foundations, to file an annual hand or by mail to the Docket Clerk, calling the Treasury Bureau Clearance information return. Section 53.4940– U.S. Department of Transportation, Officer listed. Comments regarding this 1(a) of the Income Tax Regulations Docket Operations, M–30, West information collection should be requires that the tax on net investment Building Ground Floor, Room W12–140, addressed to the OMB reviewer listed income be reported on the return filed 1200 New Jersey Avenue, SE., and to the Treasury PRA Clearance under section 6033. Form 990–PF is Washington, DC 20590. You may also Officer, Department of the Treasury, used for this purpose. Section 6011 send comments electronically via the 1750 Pennsylvania Avenue, NW., Suite requires a report of taxes under Chapter Internet at http://www.regulations.gov. 11010, Washington, DC 20220. 42 of the Code for prohibited acts by private foundation and certain related All comments will become part of this DATES: Written comments should be parties. Form 4720 is used by docket and will be available for received on or before February 24, 2010 foundations and/or related persons to inspection and copying at the above to be assured of consideration. address between 10 a.m. and 5 p.m., report prohibited activities in detail and E.T., Monday through Friday, except Internal Revenue Service (IRS) pay the tax on them. federal holidays. An electronic version OMB Number: 1545–0212. Respondents: Not-for-profit of this document and all documents Type of Review: Extension. institutions. entered into this docket is available on Title: Application for Extension of Estimated Total Burden Hours: the World Wide Web at http:// Time to File Certain Employee Plan 11,052,594 hours. www.regulations.gov. Returns. OMB Number: 1545–2020. FOR FURTHER INFORMATION CONTACT: Form: 5558. Type of Review: Extension. Joann Spittle, U.S. Department of Description: This form is used by Title: Information Returns Required Transportation, Maritime employers to request an extension of with Respect to Certain Foreign Administration, 1200 New Jersey time to file the employee plan annual Corporations and Certain Foreign- Avenue, SE., Room W21–203, information return/report (Form 5500 Owned Domestic Corporations. Washington, DC 20590. Telephone 202– series) or employee plan excise tax Description: This document contains 366–5979. return (Form 5330). The data supplied final and temporary regulations that SUPPLEMENTARY INFORMATION: As on Form 5558 is used to determine if provide guidance under section 6038 described by the applicant the intended such extension of time is warranted. and 6038A of the Internal Revenue service of the vessel M/V VIA MARE is: Respondents: Businesses or other for- Code. The final regulations under Sec. Intended Commercial Use of Vessel: profits. 1.6038–2 are revised to remove and ‘‘Casual day and short charters, day Estimated Total Burden Hours: replace obsolete references to a form outings, etc.’’ 131,555 hours. and IRS offices. The temporary Geographic Region: ‘‘Washington OMB Number: 1545–1546. regulations clarify the information State (WA).’’ Type of Review: Extension. required to be furnished regarding Title: Revenue Procedure 97–33, certain related party transactions of Privacy Act EFTPS (Electronic Federal Tax Payment certain foreign corporations and certain Anyone is able to search the System). foreign-owned domestic corporations. electronic form of all comments Description: Some taxpayers are Specifically, in addition to the types of received into any of our dockets by the required by regulations issued under transactions listed in Sec. 1.6038– name of the individual submitting the Sec. 6302 (h) of the Internal Revenue 2(f)(11) taxpayers are required to report comment (or signing the comment, if Code to make Federal Tax Deposits the sales of tangible property other than submitted on behalf of an association, (FTDs) using the Electronic Federal Tax stock in trade on Form 5471.

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Respondents: Businesses or other for- Schedule G (Form 1120), Schedule H Troubled Asset Relief Program (TARP). profits. (Form 1120), Schedule L, Schedule M– Among these components is a voluntary Estimated Total Burden Hours: 1,250 1 (Form 1120), Schedule M–2 (Form foreclosure prevention program— hours. 1120), Schedule M–3 (Form 1120), Making Home Affordable (MHA) OMB Number: 1545–0687. Schedule N (Form 1120), Schedule O program, under which the Department Type of Review: Revision. (Form 1120), Schedule PH (Form 1120). will use TARP capital to lower the Title: Exempt Organization Business Description: Use Form 1120, U.S. mortgage payments of qualifying Income Tax Return. Corporation Income Tax Return, to borrowers. The Treasury will do this Form: 990–T. report the income, gains, losses, through agreements with mortgage Description: Form 990–T is needed to deductions, credits, and to figure the servicers to modify loans on their compute the section 511 tax on income tax liability of a corporation. systems. All servicers are eligible to unrelated business income of a Respondents: Businesses or other for- participate in the program. charitable organization. IRS uses the profits and Farms. information to enforce the tax. Estimated Total Burden Hours: Respondents: Private Sector: Respondents: Not-for-profit 362,808,467 hours. Businesses or other for-profit institutions. Bureau Clearance Officer: R. Joseph institutions. Estimated Total Burden Hours: Durbala, Internal Revenue Service, 1111 Estimated Total Reporting Burden: 5,262,319 hours. Constitution Avenue, NW., Room 6129, 12,480 hours. OMB Number: 1545–1696. Washington, DC 20224; (202) 622–3634. Type of Review: Extension. OMB Reviewer: Shagufta Ahmed, Recovery Act Title: Political Organization Report on Office of Management and Budget, New OMB Number: 1505–0221. Contributions and Expenditures. Executive Office Building, Room 10235, Form: 8872. Washington, DC 20503; (202) 395–7873. Type of Review: Extension without Description: Internal Revenue Code change to a currently approved section 527(j) requires certain political Celina Elphage, collection. organizations to report certain Treasury PRA Clearance Officer. Title: Application for Section 1603: contributions received and expenditures [FR Doc. 2010–1255 Filed 1–22–10; 8:45 am] Payments for Specified Renewable made after July 1, 2000. Every section BILLING CODE 4830–01–P 527 political organization that accepts a Energy Property in Lieu of Tax Credit. contribution or makes an expenditure Form: TD F 101.1. for an exempt function during the DEPARTMENT OF THE TREASURY Description: Authorized under the calendar year must file Form 8872, American Recovery and Reinvestment except for: A political organization that Submission for OMB Review; Act (ARRA), hereafter Recovery Act, the Comment Request is not required to file Form 8871, or a Department of the Treasury is state or local committee of a political January 19, 2010. implementing several provisions of the party or political committee of a state or The Department of Treasury will Act, specifically Division B—Tax, local candidate. Unemployment, Health, Fiscal Relief, Respondents: Not-for-profit submit the following public information and Other Provisions. Among these institutions. collection requirements to OMB for Estimated Total Burden Hours: review and clearance under the components is a program that requires 431,200 hours. Paperwork Reduction Act of 1995, Treasury to make payments, in lieu of a tax credit, to persons who place in OMB Number: 1545–1707. Public Law 104–13 on or after the date Type of Review: Extension. of publication of this notice. A copy of service qualified renewable energy Title: REG–106511–00 Estate Tax; this submission may be obtained by property. The collection of information Form 706, Extension to File (TD 8957 calling the Treasury Department Office is necessary to identify recipients and (final)). Clearance Officers listed. Comments evaluate whether or not the property is Description: This collection involves regarding these information collections qualified. regulations relating to the filing of an should be addressed to the OMB Respondents: State, Local, and Tribal application for an automatic 6-month reviewer listed and to the Treasury PRA Governments. extension of time to file an estate tax Clearance Officer, Department of the Estimated Total Reporting Burden: return (Form 706). The regulations Treasury, 1750 Pennsylvania Avenue, 2,000 hours. provide guidance to executors of NW., Suite 11010, Washington, DC decedents’ estates on how to properly 20220. OFS Clearance Officer: Daniel file the application for the automatic DATES: Written comments should be Abramowitz, OFS, 1801 L Street, NW., extension. received on or before February 24, 2010 Washington, DC 20036; (202) 927–9645. Respondents: Individuals or to be assured of consideration. Recovery Act Clearance Officer: Ellen Households. Neubauer, 1500 Pennsylvania Ave., Estimated Total Burden Hours: 1 Office of Financial Stability (OFS) NW., Room 2064D, Washington, DC hour. OMB Number: 1505–0216. 20220; (202) 622–5338. OMB Number: 1545–0123. Type of Review: Revision of a Type of Review: Revision. currently approved collection. OMB Reviewer: Shagufta Ahmed, Title: Form 1120, U.S. Corp. Income Title: Troubled Asset Relief Office of Management and Budget, New Tax Return, Schedule D, Capital Gains Program—Making Home Affordable Executive Office Building, Room 10235, and Losses, Schedule H, Section 280H Participants. Washington, DC 20503; (202) 395–7873. Limitations for a Personal Service Description: Authorized under the Dawn D. Wolfgang, Corporation (PSC), Schedule N, Emergency Economic Stabilization Act Foreign* * * (EESA) of 2008 (Pub. L. 110–343), the Treasury PRA Clearance Officer. Form: Form 1120, Schedule B (Form Department of the Treasury has [FR Doc. 2010–1258 Filed 1–22–10; 8:45 am] 1120), Schedule D (Form 1120), implemented several aspects of the BILLING CODE 4810–25–P

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DEPARTMENT OF THE TREASURY DEPARTMENT OF THE TREASURY Title: Basel Comprehensive Quantitative Impact Study. Submission for OMB Review; Office of the Comptroller of the OMB Control No.: 1557–NEW. Comment Request Currency Description: The International Convergence of Capital Measurement January 19, 2010. Agency Information Collection and Capital Standards: A Revised Activities: Proposed Information The Department of Treasury will Framework, also known as the Basel II Collection; Comment Request submit the following public information Capital Accord, sets out a general collection requirements to OMB for AGENCY: Office of the Comptroller of the international capital framework for banking institutions. The Basel II review and clearance under the Currency (OCC), Treasury. Capital Accord was adopted under the Paperwork Reduction Act of 1995, ACTION: Notice and request for comment. auspices of the Basel Committee on Public Law 104–13 on or after the date SUMMARY: The OCC, as part of its Banking Supervision 1 (Basel of publication of this notice. A copy of continuing effort to reduce paperwork Committee), and was implemented into this submission may be obtained by and respondent burden, invites the domestic regulations in the United calling the Treasury Department Office general public and other Federal States by the Federal banking agencies Clearance Officers listed. Comments agencies to take this opportunity to on December 7, 2007 (72 FR 69288). In regarding these information collections comment on a new information an effort to refine the Basel II Capital should be addressed to the OMB collection, as required by the Paperwork Accord, the Basel Committee will reviewer listed and to the Treasury PRA Reduction Act of 1995. An agency may conduct a quantitative impact study Clearance Officer, Department of the not conduct or sponsor, and a (QIS) to assess the impact of the Treasury, 1750 Pennsylvania Avenue, respondent is not required to respond proposed revisions that were published NW., Suite 11010, Washington, DC to, an information collection unless it by the Basel Committee on December 20220. displays a currently valid Office of 17, 2009.2 As part of this effort, the Management and Budget (OMB) control OCC, in coordination with the other DATES: Written comments should be number. The OCC is soliciting comment Federal banking agencies, is proposing received on or before February 24, 2010 concerning a new information collection to collect data from national banks with to be assured of consideration. titled, ‘‘Basel Comprehensive respect to the following subjects: Quantitative Impact Study.’’ b Revisions to the Basel II market Domestic Finance/Terrorism Risk risk framework3 and guidelines for Insurance Program (TRIP) DATES: You should submit comments by March 26, 2010. computing capital for incremental risk in the trading book,4 including the OMB Number: 1505–0190. ADDRESSES: Communications Division, incremental risk capital charge; the Office of the Comptroller of the Type of Review: Extension of a comprehensive risk measure for Currency, Mailstop 2–3, Attention: currently approved collection. correlation trading portfolios; the new 1557–NEW, 250 E Street, SW., rules for securitization exposures in the Title: Terrorism Risk Insurance Washington, DC 20219. In addition, trading book; and the revised capital Program Rebuttal of Controlling comments may be sent by fax to (202) charges for certain equity exposures Influence Submission. 874–5274 or by electronic mail to subject to the standardized [email protected]. You may Description: 31 CFR 50.8 specifies a measurement method for market risk. rebuttal procedure that requires a personally inspect and photocopy the b Enhancements to the Basel II written submission by an insurer that comments at the OCC, 250 E Street, framework 5 including the revised risk seeks to rebut a regulatory presumption SW., Washington, DC 20219. For weights for re-securitizations held in the of ‘‘controlling influence’’ over another security reasons, the OCC requires that banking book. insurer under the Terrorism Risk visitors make an appointment to inspect b Enhancements to strengthen the Insurance Program to provide Treasury comments. You may do so by calling resilience of the banking sector 6 with necessary information to make a (202) 874–4700. Upon arrival, visitors will be required to present valid determination. 1 The Basel Committee on Banking Supervision is government-issued photo identification a committee of banking supervisory authorities, Respondents: Businesses or other for- and to submit to security screening in which was established by the central bank profits. order to inspect and photocopy Governors of the Group of Ten countries in 1975. It consists of senior representatives of bank Estimated Total Reporting Burden: comments. supervisory authorities and central banks from 400 hours. Additionally, you should send a copy Argentina, Australia, Belgium, Brazil, Canada, of your comments to: OCC Desk Officer, China, France, Germany, Hong Kong SAR, India, TRIP Clearance Officer: Sara Clary, Attention: 1557–NEW, by mail to U.S. Indonesia, Italy, Japan, Korea, Luxembourg, Mexico, the Netherlands, Russia, Saudi Arabia, Singapore, TRIP, 1425 New York Ave, NW., Office of Management and Budget, 725 Washington, DC 20220; (202) 622–7139. South Africa, Spain, Sweden, Switzerland, Turkey, 17th Street, NW., #10235, Washington, the United Kingdom and the United States. It OMB Reviewer: Shagufta Ahmed, DC 20503, or by fax to (202) 395–6974. usually meets at the Bank for International Office of Management and Budget, New Settlements (BIS) in Basel, Switzerland, where its FOR FURTHER INFORMATION CONTACT: You permanent Secretariat is located. Executive Office Building, Room 10235, can request additional information or a 2 Basel Committee on Banking Supervision, Washington, DC 20503; (202) 395–7873. copy of the collection from Mary H. Strengthening the resilience of the banking sector, Gottlieb, OCC Clearance Officer, (202) consultative document, December 17, 2009. Celina Elphage, 874–5090, Legislative and Regulatory 3 Basel Committee on Banking Supervision, Treasury PRA Clearance Officer. Revisions to the Basel II market risk framework, July Activities Division, Office of the 2009. [FR Doc. 2010–1256 Filed 1–22–10; 8:45 am] Comptroller of the Currency, 250 E 4 Basel Committee on Banking Supervision, BILLING CODE 4810–25–P Street, SW., Washington, DC 20219. Guidelines for computing capital for incremental risk in the trading book, July 2009. SUPPLEMENTARY INFORMATION: The OCC 5 Basel Committee on Banking Supervision, is requesting approval of the following Enhancements to the Basel II framework, July 2009. new information collection: 6 See footnote 2.

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including the proposed changes to the Dated: January 19, 2010. organizations may not designate a definition of capital; the proposed Michele Meyer, representative to participate in BSAAG introduction of a leverage ratio; and the Assistant Director, Legislative and Regulatory plenary or subcommittee meetings who proposed changes to the treatment of Activities Division. is currently registered as a lobbyist counterparty credit risk. [FR Doc. 2010–1261 Filed 1–22–10; 8:45 am] pursuant to 2 U.S.C. 1603(a). b Liquidity enhancements referring BILLING CODE 4810–30–P It is important to provide complete to the international framework for answers to the following items, as liquidity risk measurement, standards applications will be evaluated on the and monitoring.7 DEPARTMENT OF THE TREASURY information provided through this b Operational risk and application process. Applications countercyclical tools. Financial Crimes Enforcement Network should consist of: The OCC intends to collect data for • Name of the organization requesting Bank Secrecy Act Advisory Group; membership the QIS from banks subject to the Basel Solicitation of Application for 8 • Point of contact, title, address, e- II Capital Framework and those subject Membership to the current risk-based capital mail address and phone number • guidelines (Basel I).9 Unless otherwise AGENCY: Financial Crimes Enforcement The BSAAG vacancy for which the noted, all data would be reported on a Network, Treasury. organization is applying • consolidated basis. Ideally, banks ACTION: Notice and request for Description of the financial should include all their assets in this nominations. institution or trade group and its information collection. However, due to involvement with the Bank Secrecy Act, data limitations, inclusion of some SUMMARY: FinCEN is inviting the public 31 CFR 103 et seq. • assets (for example, the portfolio of a to nominate financial institutions and Reasons why the organization’s minor subsidiary) may not be feasible. trade groups for membership on the participation on the BSAAG will bring Exclusion of such assets is acceptable, Bank Secrecy Act Advisory Group. New value to the group as long as the remaining assets are members will be selected for three-year Based on current BSAAG position representative of the bank as a whole. membership terms. openings we encourage applications Type of Review: New collection. DATES: Nominations must be received from the following sectors or types of Affected Public: Businesses or other by February 24, 2010. organizations with experience working for-profit. ADDRESSES: Applications may be mailed on the Bank Secrecy Act: • State Governments (1 vacancy) Estimated Number of Respondents: (not sent by facsimile) to Regulatory • 20. Policy and Programs Division, Financial Industry Trade Groups—Banking (1 Estimated Number of Responses: 20. Crimes Enforcement Network, P.O. Box vacancy) • Industry Trade Groups—Casino (1 Estimated Average Burden Hours per 39, Vienna, VA 22183 or e-mailed to: vacancy) Response: 234 hours. [email protected]. • Industry Trade Groups—Money Estimated Total Annual Burden: FOR FURTHER INFORMATION CONTACT: Services Businesses (1 vacancy) 4,680 hours. Jennifer White, Regulatory Outreach • Industry Trade Groups—Precious Comments submitted in response to Specialist at 202–354–6400. Metals Stones and Jewels (1 vacancy) this notice will be summarized and SUPPLEMENTARY INFORMATION: The • Industry Trade Groups—State (1 included in the request for OMB Annunzio-Wylie Anti-Money vacancy) approval. All comments will become a Laundering Act of 1992 required the • Industry Representatives—Banking matter of public record. Comments are Secretary of the Treasury to establish a (3 vacancies) invited on: Bank Secrecy Act Advisory Group • Industry Representatives—Money (a) Whether the collection of (BSAAG) consisting of representatives Services Businesses (1 vacancy) information is necessary for the proper from federal regulatory and law • Industry Representatives— performance of the functions of the enforcement agencies, financial Securities/Futures (1 vacancy) OCC, including whether the information institutions, and trade groups with Organizations may nominate has practical utility; members subject to the requirements of themselves, but applications for (b) The accuracy of the OCC’s the Bank Secrecy Act, 31 CFR 103 et individuals who are not representing an estimate of the information collection seq. or Section 6050I of the Internal organization for a vacancy noted above burden; Revenue Code of 1986. The BSAAG is will not be considered. Members must (c) Ways to enhance the quality, the means by which the Secretary be able and willing to make the utility, and clarity of the information to receives advice on the operations of the necessary time commitment to be collected; Bank Secrecy Act. As chair of the participate on subcommittees (d) Ways to minimize the burden of BSAAG, the Director of FinCEN is throughout the year by phone and the collection on respondents, including responsible for ensuring that relevant attend biannual plenary meetings held through the use of automated collection issues are placed before the BSAAG for in Washington, DC the second techniques or other forms of information review, analysis, and discussion. Wednesday of May and October. technology; and Ultimately, the BSAAG will make Members will not be remunerated for (e) Estimates of capital or start-up policy recommendations to the their time, services, or travel. In making costs and costs of operation, Secretary on issues considered. BSAAG the selections, FinCEN will seek to maintenance, and purchase of services membership is open to financial complement current BSAAG members to provide information. institutions and trade groups. New in terms of affiliation, industry, and members will be selected to serve a geographic representation. The Director 7 Basel Committee on Banking and Supervision, three-year term and must designate one of FinCEN retains full discretion on all International Framework for liquidity risk measurement, standards and monitoring, individual to represent that member at membership decisions. The Director consultative document, December 17, 2009. plenary meetings. In compliance with may consider prior years’ applications 8 See 12 CFR Part 3, Appendix C. Executive Order 13490 of January 21, when making selections and does not 9 See 12 CFR Part 3, Appendix A. 2009, and White House policy, member limit consideration to institutions

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nominated by the public when making Diem Program at (toll-free) 1–877–332– housing is not an eligible activity under its selection. 0334. For a document relating to VA’s VA’s Homeless Providers Grant and Per Dated: January 15, 2010. Homeless Providers Grant and Per Diem Diem Program. Other issues such as site control, leases for residents, and using Charles M. Steele, Program, see the Final Rule published in the Federal Register on September the grant funds as a loan may be Deputy Director, Financial Crimes problematic to applicants even if Enforcement Network. 26, 2003. Submission of Application: An transitional housing is provided, and [FR Doc. 2010–1260 Filed 1–22–10; 8:45 am] original completed and collated grant upon review and discovery may result BILLING CODE 4810–02–P application (plus three copies) and a in the application being denied. cover letter clearly stating under which A proposal for an existing project that funding priority (see funding priorities) seeks to shift its focus by changing the DEPARTMENT OF VETERANS applicants wish to be considered must population being served or the precise AFFAIRS be submitted to the following address: mix of services being offered is not VA Homeless Providers Grant and Per eligible for consideration. No more than Fund Availability Under the VA Diem Field Office, 10770 North 46th 25 percent of housing and services Homeless Providers Grant and Per Street, Suite C–200, Tampa, FL 33617. available in projects funded through this Diem Program Applications must be received in the grant program may be provided to AGENCY: Department of Veterans Affairs. Grant and Per Diem Field office by the clients who are not receiving those services as veterans. ACTION: Notice. application deadline. This includes applications submitted through VA is pleased to issue this NOFA for SUMMARY: The Department of Veterans Grants.gov. Applications must arrive as the Homeless Providers Grant and Per Affairs (VA) is announcing the a complete package. Materials arriving Diem Program. The Department expects availability of funds for applications for separately will not be included in the to award approximately $24 million assistance under the Capital Grant application package for consideration under the capital grant component. Funding available under this NOFA is component of VA’s Homeless Providers and may result in the application being being offered to help offset the capital Grant and Per Diem Program. This rejected or not funded. expenses of existing State and local Notice contains information concerning FOR FURTHER INFORMATION CONTACT: Ms. governments, Indian Tribal the program, funding priorities, Chelsea Watson, VA Homeless Governments, faith-based and application process, and amount of Providers Grant and Per Diem Program, community-based organizations that are funding available. Department of Veterans Affairs, 10770 capable of creating and providing Applicants who do not require North 46th Street, Suite C–200, Tampa, supported transitional housing for funding for acquisition, renovation or FL 33617, or you may call (toll-free) 1– homeless veterans. The District of new construction to create new housing 877–332–0334. Columbia, the Commonwealth of Puerto for homeless veterans should not SUPPLEMENTARY INFORMATION: This Rico, and any territory or possession of respond to this Notice of Funding Notice announces the availability of the United States, are considered Availability (NOFA). Per Diem-Only capital funds for assistance under VA’s eligible entities under the definition of (PDO) funding will not be given under Homeless Providers Grant and Per Diem ‘‘State’’ in the Final Rule, § 61.1 this notice. If your agency is in need of Program for eligible entities to: (1) Definitions. funding for operations-only, your Expand existing transitional housing Note, all organizations that are agency should apply under a Grant and projects; or (2) develop new transitional conditionally selected will be requested Per Diem; PDO Funding Notice. housing programs. Supportive service to submit the second submission DATES: An original completed and centers will not be considered in this portion of the application package. In collated capital grant application (plus NOFA. Funding applied for under the order to be considered eligible for three completed collated copies) for capital grant component may be used funding, organizations must assistance under VA’s Homeless for: (1) Remodeling or alteration of demonstrate in the second submission Providers Grant and Per Diem Program existing buildings; (2) acquisition or firm commitments to match 35 percent must be received in the Grant and Per rehabilitation of buildings; (3) new of the total project cost or the difference Diem Field Office, by 4 p.m. Eastern construction; and (4) acquisition of vans between the total project cost and what Time on March 31, 2010. Applications (in connection with a new grant and per is requested from VA, whichever is may not be sent by facsimile (FAX). In diem grant project) for outreach to and greater. the interest of fairness to all competing transportation for homeless veterans. Per diem for these programs is applicants, this deadline is firm as to Funding sought under this Notice is requested in the grant application and date and hour, and VA will treat as authorized by the ‘‘Homeless Veterans may be paid at the time of grant project ineligible for consideration any Comprehensive Assistance Act of 2001,’’ completion. It should be noted that VA application that is received after the Public Law 107–95, § 5, codified as per diem payment is limited to the deadline. Applicants should take this amended at 38 U.S.C. 2011, 2012, 2013, applicant’s cost of care per eligible practice into account and make early 2061, 2064. For eligibility criteria please veteran minus other sources of submission of their material to avoid refer to 38 CFR part 61. payments to the applicant for furnishing any risk of loss of eligibility due to Capital grant applicants may not services to homeless veterans up to the unanticipated delays, computer service receive assistance to replace funds per day rate VA pays for State Home outages (in the case of Grants.gov), or provided by any State or local Domiciliary care. Awardees will be other delivery-related problems. government to assist homeless persons. required to support their request for per For a Copy of the Application Note: Applicants considering the use of diem payment with adequate fiscal Package: Download directly from VA’s Low Income Housing Tax Credits in documentation as to program income Grant and Per Diem Program Web page conjunction with the capital grants in and expenses. at: http://www.va.gov/homeless/ or this NOFA should take into account that Interested organizations should know http://www.grants.gov/. Questions these tax credits are often used for that the vast majority of homeless should be referred to the Grant and Per permanent housing projects. Permanent veterans in this country suffer from

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mental illness or substance abuse Program Evaluation Center (NEPEC). dependent children only. Of those disorders or are dually diagnosed with NEPEC’s monitoring procedures will be eligible entities in the first funding both mental illness and substance abuse used to determine successful priority that are legally fundable, the disorders. In addition, many homeless accomplishment of these housing highest scoring applicants will be veterans have serious medical problems. outcomes for each per diem-funded funded first until approximately $3 The recent events associated with the program. million is awarded. Applicants not Nation’s returning Operation Enduring Authority: Funding applied for under funded in this priority will be Freedom/Operation Iraqi Freedom this Notice is authorized by the considered in the third funding priority. (OEF/OIF) veterans further emphasizes ‘‘Homeless Veterans Comprehensive Should not enough eligible projects be the need for collaboration with VA Assistance Act of 2001,’’ Public Law funded under the first funding priority, medical centers, VA community-based 107–95, § 5, codified as amended at 38 funds not expended in this priority will outpatient clinics or other health care U.S.C. 2011, 2012, 2013, 2061, 2064. fall to the third funding priority. providers as well as with VA and other The program is implemented by the Funding priority 2. VA is offering the benefit providers to ensure that Final Rule codified at 38 CFR part 61.0. opportunity to Indian Tribal homeless veterans have access to The regulations can be found in 38 CFR Governments or non-profit agencies that appropriate health care services. VA 61.0 through 61.82. Funds made will provide transitional housing and considers this program an important available under this Notice are subject services on Indian Tribal Property to part of our effort to end chronic to the requirements of the apply for funding under this NOFA to homelessness among all veterans. aforementioned regulations. create transitional housing and services It is important to be aware that VA Allocation: Approximately $24 for homeless veterans. Eligible entities places great emphasis on responsibility million is available for the capital grant that are Indian Tribal Governments or and accountability. VA has procedures component. Capital grant awards will be non-profit agencies willing to provide in place to verify the completion of the limited to transitional housing projects; transitional housing and services on capital grant as well as monitor services service center programs will not be Indian Tribal Property will be provided to homeless veterans and considered in this round. Vans must be considered in the second funding outcomes associated with the services directly connected to a new grant and priority as applicable. Of those eligible provided in grant and per diem-funded per diem Grant project and will be entities in the second funding priority programs. Applicants should be aware limited to one per project number. Per that are legally fundable, the highest of the following: diem payments to capital grant scoring applicants will be funded first All awardees that are conditionally recipients are subject to the availability until approximately $2 million is selected in response to this NOFA must of funds and recipients maintaining the awarded. Applicants not funded in this meet the requirements of the current program for which the grant was priority will be placed in the third edition of the Life Safety Code of the awarded. funding priority. Should not enough National Fire Protection Association as Funding Priorities: VA establishes the eligible projects be funded under the it relates to their specific facility. following funding priorities in order to: second funding priority, funds not Applicants should note that all facilities (1) Implement the provisions of Public expended in this priority will fall to the are to be protected throughout by an Law 107–95 regarding geographical third funding priority. Note: Non-profit approved automatic sprinkler system dispersion and non-duplication of agencies who apply under this priority unless a facility is specifically exempted service; and (2) bolster capacity in areas will be required to provide a letter of under the Life Safety Code. Applicants that are underserved by the Grant and assurance from the Indian Tribal should make consideration of this when Per Diem Program. These areas may Government that if funded the provision submitting their capital grant have high populations of homeless of service will occur on Indian Tribal applications. VA will conduct an veterans and limited services to address Property. inspection prior to awardees being able homeless veterans’ needs. These areas Funding priority 3. VA is encouraging to submit requests for per diem payment can include both urban and rural areas interested State and local governments, to ensure this requirement is met. but may be particularly prevalent non-profit organizations and State and Upon capital grant completion each outside the high population areas. local governments that have been program seeking per diem will have a VA is offering to eligible applicants selected to utilize buildings on VA liaison appointed from a nearby VA funding priorities for transitional Medical Center grounds under the medical facility to provide oversight and housing and services for (1) women Secretary’s Enhanced Use Lease monitor services provided to homeless veterans and women veterans caring for Program initiative for housing homeless veterans in the per diem-funded dependent children and (2) Indian veterans, faith-based, and community- program. Tribal Governments or non-profit based organizations, as well as eligible Monitoring will include at a agencies that will provide transitional entities located in the District of minimum an annual review of each per housing and services on Indian Tribal Columbia, the Commonwealth of Puerto diem program’s progress toward Property. In addition, VA is encouraging Rico, or any territory or possession of meeting internal goals and objectives in interested State and local governments, the United States, to apply for funding helping veterans attain housing faith-based and community-based under this NOFA to create transitional stability, adequate income support, and organizations to apply for funding under housing and services for all homeless self-sufficiency as identified in each per this NOFA. In this round of capital grant veterans. Eligible entities that are State diem program’s original application. funding, VA expects to award funding and local governments, Indian Tribal Monitoring will also include a review of to create approximately 1,000 Governments, Enhanced Use Lease the agency’s income and expenses as community-based supported housing organizations, faith-based, and they relate to this project to ensure per beds. community-based organizations, or any diem payment is accurate. Funding priority 1. VA is offering the territory or possession of the United Each per diem-funded program will opportunity for providers who are States, will be considered in the third participate in VA’s National Program willing to create new projects (30 beds funding priority as applicable. Of those Monitoring and Evaluation System or less) specifically for women veterans eligible entities that are legally administered by VA’s Northeast and women veterans with care of fundable, the highest-ranked

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applications for which funding is Dated: January 11, 2010. Applications must be received in the available, will be conditionally selected John R. Gingrich, Grant and Per Diem Field office by the for eligibility to receive a capital grant Chief of Staff, Department of Veterans Affairs. application deadline. This includes in accordance with their ranked order [FR Doc. 2010–1296 Filed 1–22–10; 8:45 am] applications submitted through until funding is expended BILLING CODE 8320–01–P Grants.gov. Applications must arrive as (approximately $19 million). a complete package. Materials arriving Methodology: VA will review all separately will not be included in the capital grant applications in response to DEPARTMENT OF VETERANS application package for consideration this Notice of funding availability as AFFAIRS and may result in the application being follows: VA will group the applicants rejected or not funded. Fund Availability Under the VA into the funding priority categories as FOR FURTHER INFORMATION CONTACT: Ms. Homeless Providers Grant and Per applicable. Applicants will then be Chelsea Watson, VA Homeless Diem Program ranked within their respective funding Providers Grant and Per Diem Program, category based on score and any ranking AGENCY: Department of Veterans Affairs. Department of Veterans Affairs, 10770 N. 46th Street, Suite C–200, Tampa, FL criteria set forth in that funding category ACTION: Notice. only if the applicant scores at least 600 33617; (toll-free) 1–877–332–0334. cumulative points, and receive points SUMMARY: The Department of Veterans SUPPLEMENTARY INFORMATION: This under the criteria in paragraphs (b), (c), Affairs (VA) is announcing the Notice announces the availability of (d), (e) and (i) of § 61.13. availability of funds for applications for funds for assistance under VA’s assistance under the ‘‘Per Diem-Only’’ Homeless Providers Grant and Per Diem The highest-ranked application for (PDO) component of VA’s Homeless Program for eligible programs that have which funding is available, within the Providers Grant and Per Diem Program. not previously applied for or received highest funding category, will be This Notice contains information per diem in connection with a grant (see conditionally selected in accordance concerning the program, funding 38 CFR 61.1 through 61.82). Funding with their ranked order until VA priorities, application process, and applied for under this Notice is reaches the projected amount of funding amount of funding available. authorized by Public Law 109–461, Sec. for each category. If funds are still DATES: An original completed and 703, known as the Veterans Benefit, available after selection of those collated grant application (plus three Health Care and Information applications in the highest priority completed collated copies) for Technology Act of 2006, and by the group, VA will continue to assistance under the VA’s Homeless ‘‘Homeless Veterans Comprehensive conditionally select applicants in lower Providers Grant and Per Diem Program Assistance Act of 2001,’’ Public Law priority categories in accordance with must be received in the Grant and Per 107–95, § 5, codified as amended at 38 the selection method set forth in the Diem Field Office, by 4 p.m. Eastern U.S.C. 2011, 2012, 2013, 2061, 2064, Final Rule § 61.14. Time on Wednesday, March 31, 2010. and may be used for aid for supportive Application Requirements: Applications may not be sent by housing. Service centers will not be Applicants must include a cover letter facsimile (FAX). In the interest of funded in this NOFA. Funding will be clearly stating under which funding fairness to all competing applicants, this in the form of per diem payments issued priority they wish to be considered. deadline is firm as to date and hour, to eligible entities from the date of the Non-profit agencies who apply under and VA will treat as ineligible for award and will continue subject to funding priority two are required to consideration any application that is availability of funds and the recipients’ provide a letter of assurance from the received after the deadline. Applicants compliance with 38 CFR 61.1 through Indian Tribal Government stating that if should take this practice into account 61.82. For eligibility criteria, please funded the provision of service will and make early submission of their refer to Final Rule published in the occur on Indian Tribal Property. The material to avoid the risk of loss of Federal Register on September 26, 2003, grant application requirements will be eligibility due to unanticipated delays 38 CFR 61.30, 61.31, and 61.32. specified in the application package. or other delivery-related problems. VA expects that it will take no longer Applicants should be careful to For a Copy of the Application than 90 days from the date of award for complete the proper application Package: Download directly from VA’s projects to be inspected and become package. Submission of the incorrect or Grant and Per Diem Program Web page operational. Failure to meet the 90-day incomplete application package will at: http://www.va.gov/homeless/ or milestone may result in the per diem result in the application being rejected http://www.grants.gov/. Questions award being terminated. at threshold. The packages include all should be referred to the Grant and Per Capital grant recipients who received required forms and certifications. Diem Program at (toll-free) 1–877–332– capital grant funding under VA’s Selections will be made based on 0334. For information relating to the VA Homeless Providers Grant and Per Diem criteria described in the application, Homeless Providers Grant and Per Diem Program in years 1994 through 2009 for Final Rule, and NOFA. Applicants who Program, see the Final Rule published acquisition, renovation or new are conditionally selected will be in the Federal Register on September construction should not respond to this notified of any additional information 26, 2003. NOFA. Per diem payments for those needed to confirm or clarify information Submission of Application: An portions of their programs that were provided in the application. Applicants original completed and collated grant created with capital grant funds is will then be notified of the deadline to application (plus three copies) and a requested in the capital grant submit such information. If an applicant cover letter clearly stating under which application and paid at the time of the is unable to meet any conditions for funding priority applicants (see funding capital grant project completion and grant award within the specified time priorities) wish to be considered must inspection. frame, VA reserves the right to not be submitted to the following address: Previous PDO recipients that renewed award funds and to use the funds VA Homeless Providers Grant and Per their PDO grants in 2005, 2007, or 2008 available for other grant and per diem Diem Field Office, 10770 N. 46th Street, need not reapply to continue these applicants. Suite C–200, Tampa, FL 33617. projects.

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VA is pleased to issue this NOFA for National Fire and Protection (1) Implement the provisions of Public the Homeless Providers Grant and Per Association as it relates to their specific Law 107–95 regarding geographical Diem Program as a part of the effort to facility. Applicants should note that all dispersion and non-duplication of end chronic homelessness among our facilities are to be equipped with service; and (2) bolster capacity in areas Nation’s veterans. The Department sprinklers unless they are specifically that are underserved by the Grant and expects to create approximately 1,200 exempted under the Life Safety Code Per Diem Program. These areas may beds under this NOFA. and make consideration of this when have high populations of homeless Funding available under this NOFA is submitting their grant applications as no veterans and limited services to address being offered to help offset the operating additional funds will be made available homeless veteran’s needs. These areas expenses of existing State and local for capital improvements under this per can include both urban and rural areas governments, Indian Tribal diem-only NOFA. VA will conduct an but may be particularly prevalent Governments, faith-based, and inspection prior to awardees being able outside the high population areas. community-based organizations that are to submit request for payment to ensure VA is offering eligible applicants capable of providing supported housing this requirement is met. funding priorities for transitional and supportive services for homeless Each per diem-funded program will housing and services to: (1) Serve veterans. The District of Columbia, the have a liaison appointed from a nearby women and women with care of Commonwealth of Puerto Rico, or any VA medical facility to provide oversight dependent children; (2) Indian Tribal territory or possession of the United and monitor services provided to Governments or non-profit agencies that States, may be considered eligible homeless veterans in the per diem- will provide transitional housing and entities under the definition of ‘‘State’’ in funded program. services on Indian Tribal Property. VA the 38 CFR 61.1 Definitions. It should be Monitoring will include at least an is encouraging interested State and local noted that VA payment is limited to the annual review of each per diem governments, faith-based and applicant’s cost of care per eligible program’s progress toward meeting community-based organizations to veteran minus other sources of internal goals and objectives in helping apply for funding under this NOFA. payments to the applicant for furnishing veterans attain housing stability, In this round of per diem-only grant services to homeless veterans up to the adequate income support, and self- funding, VA expects to award eligibility per-day rate VA pays for State Home sufficiency as identified in each per for funding to create approximately Domiciliary care. Awardees will be diem program’s original application. 1,200 per diem-only community-based required to support their request for per Monitoring will also include a review of supported housing beds. diem payment with adequate fiscal the agency’s income and expenses as Funding priority 1. VA is offering the documentation as to program income they relate to this project to ensure per opportunity for providers who are and expenses. diem payment is accurate. willing to create new projects Interested organizations should know Each per diem-funded program will specifically for women and women with that the vast majority of homeless participate in VA’s national program care of dependent children only, which veterans in this country suffer from monitoring and evaluation system are 30 beds or less. Of those eligible mental illness or substance abuse administered by VA’s Northeast entities in the first funding priority, that disorders or are dually diagnosed with Program Evaluation Center (NEPEC). It are legally fundable, the highest scoring both mental illness and substance abuse is the intention of VA to develop applicants will be funded first until disorders. In addition, many homeless specific performance targets with approximately 200 beds are awarded. veterans have serious medical problems. respect to housing for homeless Applicants not funded in this priority The recent events associated the veterans. NEPEC’s monitoring will be considered in the third funding Nation’s returning Operation Enduring procedures will be used to determine priority. Should not enough eligible Freedom and Operation Iraqi Freedom successful accomplishment of these projects be funded under the first (OEF/OIF) veterans further emphasizes housing outcomes for each per diem- funding priority, beds not awarded in the need for collaboration with VA funded program. this priority will fall to the third medical centers, VA community-based funding priority. outpatient clinics or other health care Authority: Funding applied for under this Funding priority 2. VA is offering the providers as well as with VA and other Notice is authorized by Public Law 109–461, opportunity to Indian Tribal benefit providers as an important aspect Sec. 703, known as the Veterans Benefit, Governments or non-profit agencies that of ensuring that homeless veterans have Health Care and Information Technology Act will provide transitional housing and access to appropriate health care of 2006 and by the Homeless Veterans services on Indian Tribal Property to Comprehensive Assistance Act of 2001, apply for funding under this NOFA to services. VA considers this program an Public Law 107–95, § 5, codified as amended important part of our effort to end at 38 U.S.C. 2011, 2012, 2013, 2061, 2064. create transitional housing and services chronic homelessness among all The program is implemented by the final rule for homeless veterans. Eligible entities veterans. codified at 38 CFR Part 61.0. The regulations such as Indian Tribal Governments and It is important to be aware that VA can be found in their entirety in 38 CFR, Sec. non-profit agencies willing to provide places great emphasis on responsibility 61.0 through 61.82. Funds made available transitional housing and services on and accountability. VA has procedures under this Notice are subject to the Indian Tribal Property will be in place to monitor services provided to requirements of those regulations. considered in the second funding homeless veterans and outcomes Allocation: Approximately $15 priority as applicable. Of those eligible associated with the services provided in million annually is available for the per entities in the second funding priority grant and per diem-funded programs. diem-only award component of this that are legally fundable; the highest VA is also implementing new program. This funding subject to the scoring applicants will be funded first procedures to further this effort. availability of funds and will be until approximately 100 beds are Applicants should be aware of the available so long as recipients meet the awarded. Applicants not funded in this following: requirements of 38 CFR 61.0 through priority will be placed in the third All awardees that are conditionally 61.82. funding priority. Should not enough selected in response to this NOFA must Funding Priorities: VA establishes the eligible projects be funded under the meet the Life Safety Code of the following funding priorities in order to: second funding priority, beds not

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expended in this priority will fall to the priority they wish to be considered. ADDRESSES: Written comments may be third funding priority. Note: Non-profit Non-profit agencies who apply under submitted through agencies who apply under this priority funding priority two are required to www.Regulations.gov; by mail or hand- will be required to provide a letter of provide a letter of assurance from the delivery to Director, Regulations assurance from the Indian Tribal Indian Tribal Government that if Management (02Reg), Department of Government that if funded, the funded, the provision of service will Veterans Affairs, 810 Vermont Avenue, provision of service will occur on occur on Indian Tribal Property. The NW., Room 1068, Washington, DC Indian Tribal Property. grant application requirements will be 20420; or by fax to (202) 273–9026. Funding priority 3. VA is encouraging specified in the application package. Comments received will be available for interested State and local governments, Applicants should be careful to public inspection in the Office of non-profit organizations and State and complete the proper application Regulation Policy and Management, local governments that have been package. Submission of the incorrect or Room 1063B, between the hours of 8 selected to utilize buildings on VA incomplete application package will a.m. and 4:30 p.m., Monday through Medical Center grounds under the result in the application being rejected Friday (except holidays). Please call Secretary’s Enhanced Use Lease at threshold review. The packages (202) 461–4902 (this is not a toll-free Program initiative for housing homeless include all required forms and number) for an appointment. In veterans, faith-based, and community- certifications. Selections will be made addition, during the comment period, based organizations, as well as eligible based on criteria described in the comments may be viewed online entities located in the District of application, Final Rule, and NOFA. through the Federal Docket Management Columbia, the Commonwealth of Puerto Applicants who are conditionally System (FDMS) at www.Regulations.gov. Rico, or any territory or possession of selected will be notified of any FOR FURTHER INFORMATION CONTACT: the United States, to apply for funding additional information needed to Veterans Health Administration (VHA) under this NOFA to create transitional confirm or clarify information provided Privacy Officer, Department of Veterans housing and services for all homeless in the application. Applicants will then Affairs, 810 Vermont Avenue, NW., veterans. Eligible entities that are State be notified of the deadline to submit Washington, DC 20420; telephone (704) and local governments, Indian Tribal such information. If an applicant is 245–2492. Governments, Enhanced Use Lease unable to meet any conditions for grant SUPPLEMENTARY INFORMATION: Routine organizations, faith-based, and award within the specified timeframe, Use 6 was amended to allow disclosure community-based organizations, or any VA reserves the right to not award funds territory or possession of the United and to use the funds available for other to the National Archives and Records States, will be considered in the third grant and per diem applicants. Administration (NARA) and the General Services Administration (GSA) in funding priority as applicable. Of those Dated: January 13, 2010. eligible entities that are legally records management inspections John R. Gingrich, fundable, the highest-ranked conducted under authority of Title 44, applications for which funding is Chief of Staff, Department of Veterans Affairs. Chapter 29, of the United States Code available, will be conditionally selected [FR Doc. 2010–1297 Filed 1–22–10; 8:45 am] (U.S.C.). NARA and GSA are for eligibility to receive a per diem-only BILLING CODE 8320–01–P responsible for management of old award in accordance with their ranked records no longer actively used, but order until funding is expended which may be appropriate for DEPARTMENT OF VETERANS (approximately 900 beds). preservation, and for the physical Methodology: VA will review all non- AFFAIRS maintenance of the Federal capital grant recipients in response to government’s records. VA must be able Privacy Act of 1974; System of to provide the records to NARA and this notice of funding availability. VA Records will then group the applicants into the GSA in order to determine the proper funding priorities categories. Applicants AGENCY: Department of Veterans Affairs disposition of such records. will then be ranked within their (VA). Routine Use 11 was added to allow respective funding category based on ACTION: Notice of amendment to system VA to disclose information from this score and any ranking criteria set forth of records. system of records to the Department of in that funding category only if the Justice (DoJ), either on VA’s initiative or applicant scores at least 500 cumulative SUMMARY: As required by the Privacy in response to DoJ’s request for the points from paragraphs (b), (c), (d), (e), Act of 1974, 5 U.S.C. 552a(e), notice is information, after either VA or DoJ and (i) of 38 CFR Sec. 61.13. hereby given that the Department of determines that such information is The highest-ranked application for Veterans Affairs (VA) is amending the relevant to DoJ’s representation of the which funding is available, within the system of records currently entitled United States or any of its components highest funding category, will be ‘‘Employee Incentive Scholarship in legal proceedings before a court or conditionally selected for eligibility to Program—VA’’ (110VA10) as set forth in adjudicative body, provided that, in receive per diem payment in accordance the Federal Register 67 FR 66712. VA each case, the agency also determines with their ranked order until VA is amending the system records by prior to disclosure that release of the reaches the projected bed totals for each revising the Routine Uses of Records records to the DoJ is a use of the category. If funds are still available after Maintained in the System Including information contained in the records selection of those applications in the Categories of Users and the Purpose of that is compatible with the purpose for highest priority group, VA will continue Such Uses. VA is republishing the which VA collected the records. VA, on to conditionally select applicants in system notice in its entirety. its own initiative, may disclose records lower priority categories in accordance DATES: Comments on the amendment of in this system of records in legal with the selection method set forth in this system of records must be received proceedings before a court or the final rule Sec. 61.32. no later than February 24, 2010. If no administrative body after determining Application Requirements: public comment is received, the that the disclosure of the records to the Applicants must include a cover letter amended system will become effective court or administrative body is a use of clearly stating under which funding February 24, 2010. the information contained in the records

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that is compatible with the purpose for out the Department’s efforts to respond service or financial indebtedness to VA which VA collected the records. to the suspected or confirmed such as (1) name, (2) employing facility Routine Use 12 was added to allow compromise and prevent, minimize, or number, (3) telephone number(s), (4) for disclosure of relevant information to remedy such harm. This routine use Social Security number, (5) award be made to individuals, organizations, permits disclosures by the Department amount, (6) obligated service incurred, private or public agencies, or other to respond to a suspected or confirmed and (7) name and address of the entities with whom VA has a contract or data breach, including the conduct of educational institution; or any amount if agreement or where there is a any risk analysis or provision of credit indebtedness (accounts receivable) subcontract to perform such services as protection services as provided in 38 arising from the scholarship and owed VA may deem practicable for the U.S.C. 5724, as the terms are defined in to VA. The application for an EISP purposes of laws administered by VA, 38 U.S.C. 5727. award includes the applicant’s full in order for the contractor or The Report of Intent to Amend a name, employing facility number, home subcontractor to perform the services of System on Records Notice and an and work telephone numbers, Social the contract or agreement. advance copy of the system notice have Security number, job title, current Routine Use 13 was added to allow been sent to the appropriate education level, degree sought, VA to disclose on its own initiative any Congressional committees and to the description of the academic program information in the system, except the Director of the Office of Management covered by the scholarship, the starting names and home addresses of Veterans and Budget (OMB) as required by 5 and completion dates of the employee’s and their dependents, that is relevant to U.S.C. 552a(r) (Privacy Act) and academic program, the name and a suspected or reasonably imminent guidelines issued by OMB (65 FR address of the academic institution, the violation of the law, whether civil, 77677), December 12, 2000. number of credits in the student’s criminal, or regulatory in nature and academic program plan and the cost of whether arising by general or program Dated: December 23, 2009. John R. Gingrich, the education covered by the academic statute or by regulation, rule, or order program plan. Records may include Chief of Staff, Department of Veterans Affairs. issued pursuant thereto, to a Federal, memoranda submitted by the state, local, tribal, or foreign agency 110VA10 employees, calculations for the service charged with the responsibility of obligations, copies of letters and investigating or prosecuting such SYSTEM NAME: memoranda from employees making the violation, or charged with enforcing or Employee Incentive Scholarship requests and in correspondence to implementing the statute, regulation, Program—VA. employees and appropriate local rule, or order. VA may also disclose on program officials delineating the SYSTEM LOCATION: its own initiative the names and decisions on such requests. addresses of Veterans and their Active records will be maintained at dependents to a Federal agency charged the Health Care Staff Development and AUTHORITY FOR MAINTENANCE OF THE SYSTEM: with the responsibility of investigating Retention Office (HCSDRO/10A2D), Title 38, U.S.C. Sections 501, 503, or prosecuting civil, criminal, or Veterans Health Administration (VHA), 7451, 7452, and 7431–7440. regulatory violations of law, or charged Department of Veterans Affairs (VA), with enforcing or implementing the 1555 Poydras Street, Suite 1971, New PURPOSE(S): statute, regulation, or order issued Orleans, Louisiana 70112; the Austin The records and information may be pursuant thereto. Automation Center (AAC), Department used for determining and documenting Routine Use 14 was added for of Veterans Affairs, 1615 East individual applicant eligibility for disclosure to other Federal agencies to Woodward Street, Austin, Texas 78772; scholarship awards, calculating the be made to assist such agencies in and the VA health care facilities and service commitments for scholarship preventing and detecting possible fraud VISN offices where scholarship recipients, ensuring program financial or abuse by individuals in their recipients are employed. Address accountability, monitoring individual operations and programs. locations for VA health care facilities applicant educational progress, Routine Use 15 was added so that VA are listed in Appendix 1 of the Biennial monitoring the employment status of may, on its own initiative, disclose any Publication of Privacy Act Issuances. scholarship recipients during their information or records to appropriate Complete records will be maintained periods of obligated service, terminating agencies, entities, and persons when (1) only at the HCSDRO address. the employee from the program, and VA suspects or has confirmed that the evaluating and reporting program integrity or confidentiality of CATEGORIES OF INDIVIDUALS COVERED BY THE results and effectiveness. The information in the system of records has SYSTEM: information would be used to determine been compromised; (2) the Department VA employees who apply for and are the financial liability of individuals who has determined that as a result of the denied or granted educational assistance breach their EISP contracts. suspected or confirmed compromise, awards under the provisions of VA. there is a risk of embarrassment or harm Employee Incentive Scholarship ROUTINE USES OF RECORDS MAINTAINED IN THE to the reputations of the record subjects, Program (EISP) in a field leading to SYSTEM, INCLUDING CATEGORIES OF USERS AND harm to economic or property interests, appointment or retention in a position THE PURPOSES OF SUCH USES: identity theft or fraud, or harm to the listed in 38 U.S.C., section 7401. To the extent that records contained security, confidentiality, or integrity of in the system include information this system or other systems or CATEGORIES OF RECORDS IN THE SYSTEM: protected by 45 CFR Parts 160 and 164, programs (whether maintained by the Records (or information contained in i.e., individually identifiable health Department or another agency or entity) records) in this system may include information, and 38 U.S.C. 7332, i.e., that rely upon the potentially personal identification information medical treatment information related to compromised information; and (3) the related to the application material, to drug abuse, alcoholism or alcohol abuse, disclosure is to agencies, entities, or award processes, to employment, to sickle cell anemia or infection with the persons whom VA determines are obligated service, and to requests for human immunodeficiency virus, that reasonably necessary to assist or carry waivers or suspensions of obligated information cannot be disclosed under a

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routine use unless there is also specific practices, and such other functions dependents to a Federal agency charged statutory authority in 38 U.S.C. 7332 promulgated in 5 U.S.C. 1205 and 1206, with the responsibility of investigating and regulatory authority in 45 CFR Parts or as may be authorized by law. or prosecuting civil, criminal, or 160 and 164 permitting disclosure. 10. Disclosure may be made to the regulatory violations of law, or charged 1. Disclosure of any information in Equal Employment Opportunity with enforcing or implementing the this system that is necessary to verify Commission when requested in statute, regulation, or order issued authenticity and completeness of the connection with investigations of pursuant thereto. application may be made to educational alleged or possible discrimination 14. Disclosure to other Federal institutions and other relevant practices, examination of Federal agencies may be made to assist such organizations or individuals. affirmative employment programs, agencies in preventing and detecting 2. Disclosure of any information in compliance with the Uniform possible fraud or abuse by individuals this system may be made to a Federal Guidelines of Employee Selection in their operations and programs. agency in order to determine if an Procedures, or other functions vested in 15. VA may, on its own initiative, applicant has an obligation for service the Commission by the President’s disclose any information or records to under another Federal program, thus Reorganization Plan No. 1 of 1978. appropriate agencies, entities, and rendering the applicant ineligible for a 11. VA may disclose information from persons when (1) VA suspects or has VA Employee Incentive Scholarship this system of records to the Department confirmed that the integrity or Program Award. of Justice (DoJ), either on VA’s initiative confidentiality of information in the 3. Disclosure of an information in this or in response to DoJ’s request for the system of records has been system may be made to the local information, after either VA or DoJ compromised; (2) the Department has supervisory officials and program determines that such information is determined that as a result of the coordinators to ensure that individual relevant to DoJ’s representation of the suspected or confirmed compromise, data in the system of records is up to United States or any of its components there is a risk of embarrassment or harm date and that award recipients are in in legal proceedings before a court or to the reputations of the record subjects, compliance with the terms of the adjudicative body provided that, in each harm to economic or property interests, scholarship program contract. case, the agency also determines prior to identity theft or fraud, or harm to the 4. Any information in this system may disclosure that release of the records to security, confidentiality, or integrity of be used to evaluate and report program DoJ is a use of the information this system or other systems or results and effectiveness to appropriate contained in the records that is programs (whether maintained by the officials including members of Congress compatible with the purpose for which Department or another agency or entity) on a routine and ad hoc basis. VA collected the records. VA, on its that rely upon the potentially 5. Disclosure of information in this own initiative, may disclose records in compromised information; and (3) the system may be made to a member of this system of records in legal disclosure is to agencies, entities, or Congress or staff person acting for the proceedings before a court or persons whom VA determines are member when the member or staff administrative body after determining reasonably necessary to assist or carry person requests the records on behalf of that the disclosure of the records to the out the Department’s efforts to respond and at the request of that individual. court or administrative body is a use of to the suspected or confirmed 6. Disclosure of information may be the information contained in the records compromise and prevent, minimize, or made to the National Archives and that is compatible with the purpose for remedy such harm. This routine use Records Administration (NARA) and the which VA collected the records. permits disclosures by the Department General Services Administration (GSA) 12. Disclosure of relevant information to respond to a suspected or confirmed in records management inspections may be made to individuals, data breach, including the conduct of conducted under authority of Title 44, organizations, private or public any risk analysis or provision of credit United States Code. agencies, or other entities with whom 7. Disclosure of information to the VA has a contract or agreement or where protection services as provided in 38 FLRA (including its General Counsel) there is a subcontract to perform such U.S.C. 5724, as the terms are defined in when requested in connection with the services as VA may deem practicable for 38 U.S.C. 5727. investigation and resolution of the purposes of laws administered by DISCLOSURE TO CONSUMER REPORTING allegations of unfair labor practices, in VA, in order for the contractor or AGENCIES: connection with matters before the subcontractor to perform the services of Pursuant to 5 U.S.C. 552a(b)(2), VA Federal Service Impasses Panel, and to the contract or agreement. may disclose records from this system to investigate representation petitions and 13. VA may disclose on its own consumer reporting agencies as defined conduct or supervise representation initiative any information in the system, in the Fair Credit Reporting Act (15 elections. except the names and home addresses of U.S.C. 1681a(f) or the Federal Claims 8. Disclosure may be made to officials veterans and their dependents, that is Collection Act of 1966 (31 U.S.C. of labor organizations recognized under relevant to a suspected or reasonably 3701(a)(3)). 5 U.S.C. chapter 71 when relevant and imminent violation of the law whether necessary to their duties of exclusive civil, criminal, or regulatory in nature POLICIES AND PRACTICES FOR STORING, representation concerning personnel and whether arising by general or RETRIEVING, ACCESSING, RETAINING, AND policies, practices, and matters affecting program statute or by regulation, rule, or DISPOSING OF RECORDS IN THE SYSTEM: working conditions. order issued pursuant thereto, to a STORAGE: 9. Disclosure may be made to officials Federal, state, local, tribal, or foreign Records are maintained on paper, of the Merit Systems Protection Board, agency charged with the responsibility electronic media and computer including the Office of the Special of investigating or prosecuting such printouts. Counsel, when requested in connection violation, or charged with enforcing or with appeals, special studies of the civil implementing the statute, regulation, RETRIEVABILITY: service and other merit systems, review rule, or order. VA may also disclose on Records are retrieved by use of the of rules and regulations, investigation of its own initiative the names and award number or an equivalent alleged or possible prohibited personnel addresses of veterans and their participant account number assigned by

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HCSDRO, social security number and equivalent safeguards subject to local Affairs, 1555 Poydras Street, Suite 1971, the name of the individual. policies mandating protection of New Orleans, Louisiana 70112. information subject to Federal SAFEGUARDS: safeguards. RECORD ACCESS PROCEDURE: Access to the basic file in HCSDRO is Individuals seeking information RETENTION AND DISPOSAL: restricted to authorized VA employees regarding access to and contesting of VA and vendors. Access to the office spaces Records will be maintained and records in this system may write, call or where electronic media is maintained disposed of in accordance with records visit the Director, Health Care Staff within HCSDRO is further restricted to disposition authority approved by the Development and Retention Office specifically authorized employees and Archivist of the United States. (10A2D), Veterans Health is protected by contracted building SYSTEM MANAGER(S) AND ADDRESS: Administration, Department of Veterans security services. Records (typically Director, Health Care Staff Affairs, 1555 Poydras Street, Suite 1971, computer printouts) at HCSDRO will be Development and Retention Office New Orleans, Louisiana 70112. The kept in locked files and made available (10A2D), Veterans Health telephone number is (504) 589–5267. only to authorized personnel on a need- Administration, Department of Veterans CONTESTING RECORD PROCEDURES: to-know basis. During non-working Affairs, 1555 Poydras Street, Suite 1971, (See Record Access Procedures hours the file is locked and the building New Orleans, Louisiana 70112. is protected by contracted building above.) security services. Records stored on NOTIFICATION PROCEDURE: RECORD SOURCE CATEGORIES: electronic media are maintained on a Any individual who wishes to VA-approved and managed, password- determine whether a record is being Information contained in the records protected, secure local area network maintained in this system under his or is obtained from the individual, (LAN) located within HCSDRO office her name or other personal identifier, or references given in application material, spaces and safeguarded as described wants to determine the contents of such educational institutions, VA medical above. Records stored on electronic records, should submit a written request facilities, the VA AAC, other Federal media at Veterans Integrated Service or apply in person to the Director, agencies, state agencies and consumer Network (VISN) Offices, VA health care Health Care Staff Development and reporting agencies. facilities, and the Austin Automated Retention Office, Veterans Health [FR Doc. 2010–1294 Filed 1–22–10; 8:45 am] Center in Austin, Texas are provided Administration, Department of Veterans BILLING CODE 8320–01–P

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Part II

The President Memorandum of January 20, 2010— Addressing Tax Delinquency by Government Contractors

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Federal Register Presidential Documents Vol. 75, No. 15

Monday, January 25, 2010

Title 3— Memorandum of January 20, 2010

The President Addressing Tax Delinquency by Government Contractors

Memorandum for the Heads of Executive Departments and Agencies

The Federal Government pays more than half a trillion dollars a year to contractors and has an important obligation to protect American taxpayer money and the integrity of the Federal acquisition process. Yet reports by the Government Accountability Office (GAO) state that Federal contracts are awarded to tens of thousands of companies with serious tax delin- quencies. The total amount in unpaid taxes owed by these contracting compa- nies is estimated to be more than $5 billion. Too often, Federal contracting officials do not have the most basic information they need to make informed judgments about whether a company trying to win a Federal contract is delinquent in paying its taxes. We need to give our contracting officials the tools they need to protect taxpayer dollars. Accordingly, I hereby direct the Commissioner of Internal Revenue (Commis- sioner) to direct a review of certifications of non-delinquency in taxes that companies bidding for Federal contracts are required to submit pursuant to a 2008 amendment to the Federal Acquisition Regulation. I further direct that the Commissioner report to me within 90 days on the overall accuracy of contractors’ certifications. I also direct the Director of the Office of Management and Budget, working with the Secretary of the Treasury and other agency heads, to evaluate practices of contracting officers and debarring officials in response to contrac- tors’ certifications of serious tax delinquencies and to provide me, within 90 days, recommendations on process improvements to ensure these contrac- tors are not awarded new contracts, including a plan to make contractor certifications available in a Government-wide database, as is already being done with other information on contractors. Executive departments and agencies shall carry out the provisions of this memorandum to the extent permitted by law. This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

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The Director of the Office of Management and Budget is hereby authorized and directed to publish this memorandum in the Federal Register.

THE WHITE HOUSE, WASHINGTON, January 20, 2010

[FR Doc. 2010–1561 Filed 1–22–10; 11:15 am] Billing code 3110–01–P

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Reader Aids Federal Register Vol. 75, No. 15 Monday, January 25, 2010

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JANUARY

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents 3 CFR 430...... 652 431...... 652, 1122 Executive orders and proclamations 741–6000 Proclamations: 440...... 3847 The United States Government Manual 741–6000 8469...... 885 Proposed Rules: Other Services 8470...... 1265 32...... 1559 Electronic and on-line services (voice) 741–6020 8471...... 1267 8472...... 2051 50...... 3876 Privacy Act Compilation 741–6064 431...... 186 Public Laws Update Service (numbers, dates, etc.) 741–6043 8473...... 3841 TTY for the deaf-and-hard-of-hearing 741–6086 8474...... 3843 11 CFR Executive Orders: 1...... 29 12958 (Revoked by 2...... 29 ELECTRONIC RESEARCH 13526) ...... 707 4...... 29 World Wide Web 13292 (Revoked by 5...... 29 Full text of the daily Federal Register, CFR and other publications 13526) ...... 707 100...... 29 is located at: http://www.gpoaccess.gov/nara/index.html 13526...... 707, 1013 101...... 29 Federal Register information and research tools, including Public 13527...... 737 102...... 29 Inspection List, indexes, and links to GPO Access are located at: 13528...... 2053 104...... 29 http://www.archives.gov/federallregister 13529...... 3331 110...... 29 E-mail Administrative Orders: 113...... 29 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Memorandums: 114...... 29 an open e-mail service that provides subscribers with a digital Memorandum of 201...... 29 form of the Federal Register Table of Contents. The digital form December 15, 300...... 29 of the Federal Register Table of Contents includes HTML and 2009 ...... 1015 PDF links to the full text of each document. Memorandum of 12 CFR To join or leave, go to http://listserv.access.gpo.gov and select December 29, 222...... 2724 Online mailing list archives, FEDREGTOC-L, Join or leave the list 2009 ...... 733 229...... 219 (or change settings); then follow the instructions. Memorandum of 925...... 678 PENS (Public Law Electronic Notification Service) is an e-mail January 20, 2010 ...... 3979 944...... 678 service that notifies subscribers of recently enacted laws. Orders: 1263...... 678 Order of December 29, To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 1290...... 678 2009 ...... 735 and select Join or leave the list (or change settings); then follow Proposed Rules: the instructions. 5 CFR 327...... 2823 FEDREGTOC-L and PENS are mailing lists only. We cannot 360...... 934 Proposed Rules: respond to specific inquiries. 293...... 2821 652...... 3647 Reference questions. Send questions and comments about the 1631...... 2822 906...... 1289 Federal Register system to: [email protected] 1207...... 1289 The Federal Register staff cannot interpret specific documents or 6 CFR 13 CFR regulations. Proposed Rules: Reminders. Effective January 1, 2009, the Reminders, including 27...... 1552, 2445 Proposed Rules: Rules Going Into Effect and Comments Due Next Week, no longer 121...... 1296 appear in the Reader Aids section of the Federal Register. This 7 CFR 124...... 1296 information can be found online at http://www.regulations.gov. 305...... 1 14 CFR CFR Checklist. Effective January 1, 2009, the CFR Checklist no 319...... 1 longer appears in the Federal Register. This information can be 948...... 3333 25...32, 35, 37, 39, 1527, 2433, found online at http://bookstore.gpo.gov/. 980...... 1269 2434 984...... 1525 39 ...... 221, 224, 901, 904, 906, FEDERAL REGISTER PAGES AND DATE, JANUARY 993...... 1269 910, 1017, 1527, 1529, 1400...... 887 1533, 1536, 1538, 1697, 1–218...... 4 Proposed Rules: 2055, 2057, 2060, 2062, 219–736...... 5 205...... 1555 2064, 2067, 2787, 3125, 737–884...... 6 930...... 1724 3127, 3141, 3144, 3147, 885–1012...... 7 1774...... 3642 3150, 3615 1013–1268...... 8 71 ...... 42, 43, 226 1269–1524...... 11 8 CFR 97...... 915, 916 1525–1696...... 12 328...... 2785 120...... 3153 1697–2052...... 13 329...... 2785 121...... 739 2053–2432...... 14 135...... 3153 2433–2784...... 15 9 CFR Proposed Rules: 2785–3124...... 19 94...... 1697 25...... 75, 81 3125–3330...... 20 392...... 3847 27...... 793, 942 3331–3614...... 21 29...... 793, 942 3615–3846...... 22 10 CFR 39...89, 91, 258, 260, 262, 264, 3847–3980...... 25 50...... 13 801, 950, 1297, 1560, 1563,

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1731, 2826, 2829, 2831, Proposed Rules: 55 ...... 3387, 3392, 3617 232...... 3187 3418, 3420, 3656, 3658, 1...... 1301, 3666 63...... 522 234...... 2457 3660, 3662 31...... 1735 81 ...... 56, 1543, 2936 236...... 3187 71 ...... 3877, 3878, 3879, 3880 301...... 94 180 ...... 760, 763, 767, 770 237...... 3187 91...... 942 262...... 1236 242...... 2457 121...... 942 27 CFR 263...... 1236 244...... 2457 125...... 942 555...... 3160 264...... 1236 246...... 3187 135...... 942 265...... 1236 250...... 3187 28 CFR 266...... 1236 252 ...... 832, 1567, 2457, 3187 15 CFR Proposed Rules: 271...... 918, 1236 928...... 964 90...... 44 522...... 3182 700...... 773 931...... 964 738...... 1028 721...... 773 932...... 964 744...... 1699 29 CFR 723...... 773 933...... 964 748...... 2435 2510...... 2068 725...... 773 935...... 964 902 ...... 554, 2198, 3335 4022...... 2437 Proposed Rules: 936...... 964 Proposed Rules: Proposed Rules: 50...... 1566, 2938 937...... 964 922...... 952 1910...... 3881 52 ...... 97, 283, 953, 958, 2090, 941...... 964 2091, 2452, 3183, 3668, 942...... 964 16 CFR 30 CFR 3680 949...... 964 640...... 2724 250...... 1276 55...... 3423 950...... 964 698...... 2724 58...... 1566, 2938 951...... 964 1115...... 3355 31 CFR 81...... 2091 952...... 964 1500...... 3154 1...... 743 180...... 807 5132...... 2463 Proposed Rules: 285...... 745 320...... 816 5136...... 2463 721...... 1180 5152...... 2463 307...... 3664, 3665 Proposed Rules: 312...... 1734 1...... 2086 41 CFR 240...... 95 49 CFR 17 CFR 301–10...... 790 171...... 63 12...... 3371 32 CFR 172...... 63 200...... 3122 42 CFR 724...... 746 173...... 63 202...... 3122 Proposed Rules: Proposed Rules: 175...... 63 240...... 2789 412...... 1844 2004...... 1566 178...... 63 275...... 742, 1456 413...... 1844 219...... 1547 276...... 1492 422...... 1844 33 CFR 229...... 2598 279...... 1456 495...... 1844 27...... 1704 234...... 2598 Proposed Rules: 100...... 748 44 CFR 235...... 2598 1...... 3282 117 ...... 227, 1705, 1706, 3856 236...... 2598 64...... 60 3...... 3282 138...... 750 238...... 1180 67...... 3171 4...... 3282 165 ...... 754, 1706, 1709, 2077, 544...... 1548 206...... 2800 5...... 3282 2438, 3372, 3859 830...... 922 10...... 3282 Proposed Rules: Proposed Rules: Proposed Rules: 140...... 3282 67...... 3885 117...... 1738 172...... 1302 145...... 3282 147...... 803 173...... 1302 147...... 3282 45 CFR 165...... 2833 175...... 1302 160...... 3282 170...... 2014 334...... 3883 234...... 2466 166...... 3282 47 CFR 395...... 285, 2467 242...... 3594 34 CFR 2...... 3622 Ch. II ...... 3375 19 CFR 15...... 3622, 3639 50 CFR Proposed Rules: 36 CFR 25...... 1285 17...... 235 101...... 266 73 ...... 1546, 3640, 3641, 3871 1280...... 3862 21...... 927, 3395 113...... 266 74...... 3622 22...... 927, 3395 Proposed Rules: 133...... 266 Proposed Rules: 218...... 3395 242...... 2448 15...... 3682 223...... 2198 20 CFR 37 CFR 54...... 2836 300...... 554, 3335 416...... 1271 73 ...... 3693, 3694, 3695 665...... 2198 202...... 3863 97...... 3886 635...... 250 21 CFR Proposed Rules: 648 ...... 1021, 2820, 3180 510...... 3159 383...... 3666 48 CFR 660...... 932 522...... 1274 209...... 3178 665...... 1023, 3416 38 CFR 529...... 1021 225...... 3179 679 ...... 554, 792, 1723, 3180, 558...... 1275 21 ...... 3163, 3165, 3168 237...... 3178 3873, 3874, 3875 252...... 3178, 3179 23 CFR 39 CFR Proposed Rules: Proposed Rules: 17 ...... 286, 310, 6061, 1567, 635...... 46 111...... 1540 205...... 3187 1568, 1574, 1741, 1744, 601...... 1541 207...... 3187 2102, 2270, 3190, 3424 24 CFR 3020...... 1280, 3383 208...... 3187 92...... 3888 257...... 1686 Proposed Rules: 209...... 3187 100...... 2448 111...... 282 211...... 3187 223...... 316, 838 25 CFR 3050...... 1301 215...... 2457, 3187 224...... 316, 838 514...... 2795 216...... 3187 226 ...... 319, 1582, 3191 40 CFR 217...... 3187 300...... 1324 26 CFR 52 ...... 54, 56, 230, 232, 1284, 219...... 3187 622...... 2469 1 ...... 1704, 3159, 3160 1543, 1712, 1715, 1716, 225 ...... 832, 1567, 3187 648...... 1024, 3434 301...... 48 2079, 2440, 2796, 3870 228...... 3187 660...... 1745

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pamphlet) form from the the Andean Trade Preference enacted public laws. To Superintendent of Documents, Act, and for other purposes. subscribe, go to http:// LIST OF PUBLIC LAWS U.S. Government Printing (Dec. 28, 2009; 123 Stat. listserv.gsa.gov/archives/ Office, Washington, DC 20402 3484) publaws-l.html This is a continuing list of (phone, 202–512–1808). The H.R. 3819/P.L. 111–125 public bills from the current text will also be made To extend the commercial session of Congress which available on the Internet from Note: This service is strictly space transportation liability have become Federal laws. It GPO Access at http:// for E-mail notification of new regime. (Dec. 28, 2009; 123 may be used in conjunction www.gpoaccess.gov/plaws/ laws. The text of laws is not Stat. 3486) with ‘‘P L U S’’ (Public Laws index.html. Some laws may available through this service. Update Service) on 202–741– not yet be available. Last List December 31, 2009 PENS cannot respond to 6043. This list is also H.R. 4314/P.L. 111–123 specific inquiries sent to this available online at http:// To permit continued financing address. www.archives.gov/federal- Public Laws Electronic of Government operations. register/laws.html. Notification Service (Dec. 28, 2009; 123 Stat. (PENS) The text of laws is not 3483) published in the Federal H.R. 4284/P.L. 111–124 Register but may be ordered To extend the Generalized PENS is a free electronic mail in ‘‘slip law’’ (individual System of Preferences and notification service of newly

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