2–5–10 Friday Vol. 75 No. 24 Feb. 5, 2010

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Contents Federal Register Vol. 75, No. 24

Friday, February 5, 2010

Agricultural Marketing Service Commerce Department RULES See Industry and Security Bureau Change in Regulatory Periods: See International Trade Administration Grapes Grown in a Designated Area of Southeastern See National Oceanic and Atmospheric Administration California and Imported Table Grapes, 5879–5886 NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, Changes to Reporting Dates: Submissions, and Approvals, 5944–5945 Cranberries Grown in the States of MA, RI, CT, NJ, WI, MI, MN, OR, WA, and Long Island, NY, 5898–5899 Committee for Purchase From People Who Are Blind or Revised Nomination and Balloting Procedures: Severely Disabled Cranberries Grown in the States of MA, RI, CT, NJ, WI, NOTICES MI, MN, OR, WA, and Long Island, NY, 5900–5901 Procurement List; Additions and Deletions, 5967–5971 NOTICES Agency Information Collection Activities; Proposals, Defense Department Submissions, and Approvals, 5940–5941 See Air Force Department See Army Department Agriculture Department See Engineers Corps See Agricultural Marketing Service NOTICES See Food and Nutrition Service 36(b)(1) Arms Sales Notification, 5971–5993 See Forest Service Agency Information Collection Activities; Proposals, See Rural Utilities Service Submissions, and Approvals, 5994–5997 NOTICES Privacy Act; Systems of Records, 5997–6002 Establishment of Wildlife and Hunting Heritage Drug Enforcement Administration Conservation Council, 6056 NOTICES Air Force Department Importers of Controlled Substances: Application, 6062 NOTICES Registration, 6061–6062 Agency Information Collection Activities; Proposals, Manufacturers of Controlled Substances: Submissions, and Approvals, 6002–6003 Registration, 6062 Privacy Act; Systems of Records, 6005–6006 Education Department Army Department NOTICES See Engineers Corps Applications for Funding: NOTICES Cooperative Civic Education and Economic Education Agency Information Collection Activities; Proposals, Exchange Program; Correction, 6006–6007 Submissions, and Approvals, 6002–6003 School Leadership Grant Program, 6007–6012 Environmental Impact Statements; Availability, etc.: National Assessment of Educational Progress (NAEP) in Stationing and Operation of Joint High Speed Vessels Reading, 6012–6013 (JHSVs), 6003–6004 Energy Department Blind or Severely Disabled, Committee for Purchase From See Bonneville Power Administration People Who Are See Federal Energy Regulatory Commission See Committee for Purchase From People Who Are Blind or NOTICES Severely Disabled Decisions and Orders: Energy Conservation Program for Consumer Products; Bonneville Power Administration Granting Waiver to Hallowell International, etc., NOTICES 6013–6018 Availability of Records of Decisions: Meetings: Electrical Interconnection of Lower Snake River Wind Environmental Management Site-Specific Advisory Energy Project, 6020 Board, Hanford, 6018 Civil Rights Commission Engineers Corps NOTICES NOTICES Meetings: Environmental Impact Statements; Availability, etc.: Utah Advisory Committee, 5943–5944 Dam Safety Assurance Program Modification Report for Wyoming Advisory Committee, 5944 the Isabella Dam Project, Kern County, CA, 6004– 6005 Coast Guard PROPOSED RULES Environmental Protection Agency Safety Zone: NOTICES Dive Platform; Pago Pago Harbor, American Samoa, Agency Information Collection Activities; Proposals, 5907–5909 Submissions, and Approvals, 6022–6025

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Environmental Impact Statements; Availability, etc.: Fish and Wildlife Service Availability of EPA Comments, 6025–6026 NOTICES Weekly Receipt, 6026–6027 Environmental Impact Statements; Availability, etc.: Pesticide Experimental Use Permits: Federal Sport Fish Restoration; California Department of Receipt of Application; Comment Request, 6027–6028 Fish and Game Fish Hatchery and Stocking Program, Project Waiver of Section 1605 Buy American Requirement 6058–6060 of the American Recovery and Reinvestment Act of 2009 to the City of LaSalle, IL, 6028–6030 Food and Drug Administration Request for Nominations of Experts for the SAB Lead Pb RULES Review Panel, 6030–6031 Listing of Color Additives Exempt From Certification: Revised Risk Assessment Methods for Workers, Children of Astaxanthin Dimethyldisuccinate; Confirmation of Workers in Agricultural Fields, etc., 6031 Effective Date, 5887 Paracoccus Pigment; Confirmation of Effective Date, 5887 Executive Office of the President New Animal Drugs for Use in Animal Feeds: See Presidential Documents Ractopamine; Monensin, 5887–5888 NOTICES Federal Aviation Administration Agency Information Collection Activities; Proposals, PROPOSED RULES Submissions, and Approvals, 6034–6039 Proposed Amendments of Class E Airspace: Claremore, OK, 5905–5907 Food and Nutrition Service Magnolia, AR, 5904–5905 RULES Commodity Supplemental Food Program: Federal Communications Commission Amendment Removing Priority Given to Women, Infants, NOTICES and Children before the Elderly in Program Meetings: Participation, 5877–5879 Advisory Committee on Diversity for Communications in the Digital Age, 6031–6032 Forest Service NOTICES Federal Emergency Management Agency Environmental Impact Statements; Availability, etc.: RULES Umatilla National Forest, Walla Walla Ranger District, Final Flood Elevation Determinations, 5894–5897 Walla Walla, Washington Cobbler II Timber Sale and Suspension of Community Eligibility, 5890–5893 Fuels Reduction Project, 5941–5943 Suspension of Community Eligibility for Failure to Maintain Adequate Floodplain Management General Services Administration Regulations, 5893–5894 NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, Proposed Flood Elevation Determinations, 5909–5929 Submissions, and Approvals, 6032 Proposed Flood Elevation Determinations; Correction, Bulletins: 5929–5931 FMR B–25; Property Obtained through Use of Charge NOTICES Cards, 6032–6033 Emergency and Related Determinations: Arizona, 6046–6047 Health and Human Services Department See Food and Drug Administration Federal Energy Regulatory Commission See National Institutes of Health NOTICES NOTICES Applications for Amendments of Licenses and Soliciting Agency Information Collection Activities; Proposals, Comments, Motions to Intervene, and Protests: Submissions, and Approvals, 6033 Boyce Hydro Power, LLC, 6018–6019 Meetings: Applications for Transfers of Licenses and Soliciting President’s Advisory Council on Faith-Based and Comments and Motions to Intervene: Neighborhood Partnerships, 6033–6034 NewPage Wisconsin System Inc.; Kaukauna Utilities, 6019 Homeland Security Department Attendance at NYISO Meetings, 6019–6020 See Coast Guard Competing Preliminary Permit Applications Accepted for See Federal Emergency Management Agency Filing and Soliciting Comments, etc.: Brookfield Power United States; Generation Development, Housing and Urban Development Department LLC; Robertson Energy Group, LLC, 6020–6021 RULES Petitions for Rate Approval: Federal Manufactured Home Construction and Safety Arkansas Oklahoma Gas Corp., 6021 Standards and Other Orders: Withdrawals of Staff Protests to Proposed Blanket HUD Statements that are Subject to Consensus Committee Certificate Activities: Processes, 5888–5890 Florida Gas Transmission Co., LLC, 6021 NOTICES Federal Property Suitable as Facilities to Assist the Federal Maritime Commission Homeless, 6047 NOTICES Funding Awards for Fiscal Year 2009 for the Housing Agreements Filed, 6032 Choice Voucher Program, 6047–6056

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Industry and Security Bureau National Institute of Allergy and Infectious Diseases, NOTICES 6043 Meetings: National Institute of Arthritis and Musculoskeletal and Emerging Technology and Research Advisory Committee, Skin Diseases, 6046 5952 National Institute of Biomedical Imaging and Bioengineering, 6039 Interior Department National Institute of Diabetes and Digestive and Kidney See Fish and Wildlife Service Diseases, 6042–6043 See Land Management Bureau National Institute of Environmental Health Sciences, NOTICES 6044 Establishment of Wildlife and Hunting Heritage National Institute on Aging, 6042 Conservation Council, 6056 National Institute on Drug Abuse, 6042 Renewal of National Geospatial Advisory Committee, 6056– National Library of Medicines, 6042 6057 Terminating the Sporting Conservation Council, 6057 National Oceanic and Atmospheric Administration International Trade Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Extension of Time Limit for the Preliminary Results: Submissions, and Approvals: First Antidumping Duty Administrative Review of Alaska Cooperatives in the Bering Sea and Aleutian Sodium Hexametaphosphate from the People’s Islands, 5945–5946 Republic of China, 5946–5947 Pacific Coast Groundfish, Rationalization Sociocultural Final Results and Rescission in Part of Antidumping Duty Study, 5945 Administrative Review: Fisheries of the Caribbean, Gulf of Mexico, and South Stainless Steel Sheet and Strip in Coils from Taiwan, Atlantic: 5947–5950 Reef Fish Fishery of the Gulf of Mexico, 5951–5952 Preliminary Results of Antidumping Duty Administrative Snapper and Grouper Off the Southern Atlantic States, Review and Intent to Rescind Review in Part: 5950–5951 Wooden Bedroom Furniture from the People’s Republic of China, 5952–5964 National Science Foundation Preliminary Results of Antidumping Duty Administrative NOTICES Review: Meetings: Certain Polyester Staple Fiber from Taiwan, 5964–5967 Committee on Equal Opportunities in Science and Engineering, 6063 International Trade Commission NOTICES Nuclear Regulatory Commission Meetings; Sunshine Act, 6060 NOTICES Availability of NRC Open Government Website, 6063–6064 Justice Department Draft Emergency Action Level Frequently Asked Questions, See Drug Enforcement Administration 6064 NOTICES Environmental Impact Statements; Availability, etc.: Lodging of Consent Decrees under Clean Air Act, 6060– Creek In-Situ Recovery Project in Sweetwater County, 6061 Wyoming, 6068–6069 Dominion Energy Kewaunee, Inc; Kewaunee Power Land Management Bureau Station, 6065 NOTICES License Amendment for Revised Groundwater Protection Environmental Impact Statements; Availability, etc.: Standards, Western Nuclear, Inc., Jeffrey City, Proposed Chevron Energy Solutions Lucerne Valley Solar Wyoming, 6067–6068 Project, San Bernardino County, CA, 6057–6058 Moore Ranch In-Situ Recovery Project in Campbell Meetings: County, Wyoming, 6065–6066 Southwest Colorado Resource Advisory Council, 6060 Nichols Ranch In-Situ Recovery Project in Campbell and Marine Mammal Commission Johnson Counties, Wyoming, 6066–6067 NOTICES Establishment of Atomic Safety and LIcensing Board: Meetings, 6062–6063 Idaho State University, 6069–6070 Meetings: National Highway Traffic Safety Administration International Atomic Energy Agency Basic Safety PROPOSED RULES Standards Version 3.0, Draft Safety Requirements Anthropomorphic Test Devices: DS379, 6070–6071 Hybrid III Test Dummy, ES–2re Side Impact Crash Test Withdrawal of Application for Amendment to Facility Dummy, 5931–5939 Operating License: Exelon Generation Company, Llc, PSEG Nuclear, Llc; National Institutes of Health Peach Bottom Atomic Power Station Units 2 and 3, NOTICES 6071 Meetings: Center for Scientific Review, 6039–6041, 6044–6046 Presidential Documents National Cancer Institute, 6040–6041, 6043–6044 PROCLAMATIONS National Center for Complementary and Alternative Special Observances: Medicine, 6039, 6041–6042 American Heart Month (Proc. 8477), 6085–6086

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National African American History Month (Proc. 8476), Transportation Department 6081–6084 See Federal Aviation Administration ADMINISTRATIVE ORDERS See National Highway Traffic Safety Administration Carbon Capture and Storage; Federal Strategy (Memorandum of February 3, 2010), 6087–6088

Rural Utilities Service Separate Parts In This Issue PROPOSED RULES Guarantees for Bonds and Notes Issued for Electrification or Telephone Purposes, 5902–5904 Part II Presidential Documents, 6081–6088 Securities and Exchange Commission NOTICES Meetings: Investor Advisory Committee, 6071–6072 Reader Aids Self-Regulatory Organizations; Proposed Rule Changes: Consult the Reader Aids section at the end of this page for NASDAQ Stock Market LLC, 6072–6079 phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. State Department NOTICES To subscribe to the Federal Register Table of Contents Culturally Significant Objects Imported for Exhibition LISTSERV electronic mailing list, go to http:// Determinations: listserv.access.gpo.gov and select Online mailing list Compass and Rule; Architecture as Mathematical Practice archives, FEDREGTOC-L, Join or leave the list (or change in England (1500–1750), 6079 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 Proclamations: 8476...... 6083 8477...... 6085 Administrative Orders: Memorandums: Memorandum of February 3, 2010 ...... 6087 7 CFR 247...... 5877 925...... 5879 944...... 5879 Proposed Rules: 929 (2 documents) ...... 5898, 5900 1720...... 5902 14 CFR Proposed Rules: 71 (2 documents) ....5904, 5905 21 CFR 73 (2 documents) ...... 5887 558...... 5887 24 CFR 3280...... 5888 3282...... 5888 33 CFR Proposed Rules: 165...... 5907 44 CFR 64 (2 documents) ....5890, 5893 67...... 5894 Proposed Rules: 67 (4 documents) ...5909, 5925, 5929, 5930 49 CFR Proposed Rules: 572...... 5931

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Rules and Regulations Federal Register Vol. 75, No. 24

Friday, February 5, 2010

This section of the FEDERAL REGISTER part 247 to incorporate the requirements II. Discussion of the Final Rule contains regulatory documents having general of the Food, Conservation, and Energy Provisions applicability and legal effect, most of which Act of 2008, Public Law 110–246 (the A. Applicants Exceed Caseload Levels, 7 are keyed to and codified in the Code of 2008 Farm Bill). Before the 2008 Farm Federal Regulations, which is published under CFR Part 247.11 50 titles pursuant to 44 U.S.C. 1510. Bill, the Agriculture and Consumer Protection Act of 1973, 7 U.S.C. 612c In this final rule, we remove the requirement in 7 CFR 247.11(a) that The Code of Federal Regulations is sold by note, required that low-income elderly local agencies identify the population the Superintendent of Documents. Prices of persons could only be served by CSFP group of each CSFP applicant on its new books are listed in the first FEDERAL if funds were available after all women, REGISTER issue of each week. waiting list. This rule provides that infants, and children were first served. CSFP local agencies have the discretion Section 4221 of the 2008 Farm Bill to continue to collect this information, DEPARTMENT OF AGRICULTURE eliminated the priority status given to if needed for food package planning women, infants, and children effective purposes. In 7 CFR 247.11(b), we Food and Nutrition Service October 1, 2008. Following enactment of remove the requirement that local the 2008 Farm Bill, on July 16, 2008, agencies provide benefits to eligible 7 CFR Part 247 FNS issued a policy memorandum individuals on the CSFP waiting list in [FNS–2009–0015] implementing Section 4221, which order of priority by specified population became effective on October 1, 2008. As group. The 2008 Farm Bill removed the RIN 0584–AD93 a result of the memorandum, FNS has priority given to women, infants, and not required local agencies to prioritize children, thus eliminating the need for Commodity Supplemental Food women, infant, and children applicants this regulatory provision. In the revised Program (CSFP): Amendment 7 CFR 247.11(b), a local agency must Removing Priority Given to Women, over elderly applicants for participation in CSFP since the effective date. certify eligible individuals consistent Infants, and Children Before the with civil rights requirements at 7 CFR Elderly in Program Participation The proportion of elderly individuals 247.37. Furthermore, we specify in the participating in CSFP has increased AGENCY: revised 7 CFR 247.11(b) that local Food and Nutrition Service, significantly in a relatively short USDA (FNS) agencies may certify eligible individuals amount of time. In fiscal year (FY) 1998, from the waiting list based on the date ACTION: Final rule. about two-thirds, or 66 percent, of all of their application, on a first-come, SUMMARY: This final rule amends the CSFP participants were elderly. Elderly first-served basis. participation increased to 93 percent by regulations for the Commodity B. Certification Period, 7 CFR Part FY 2008. During the same time period, Supplemental Food Program (CSFP) by 247.16 removing the priority given to women, Special Supplemental Nutrition infants, and children before the elderly Program for Women, Infants, and In 7 CFR 247.16(a)(2)(iii), we remove in program participation, in accordance Children (WIC) participation increased the requirement that State agencies may with the amendment made by the Food, by over 1.3 million. The change in the only allow local agencies to extend the Conservation, and Energy Act of 2008 CSFP participant population is due certification period for elderly persons (the 2008 Farm Bill). As a result of this primarily to the prevalence of the WIC without a formal review only if no eligible women, infants, or children are amendment, local agencies are no longer program. Because of greater accessibility waiting to be served. However, the local required to prioritize benefit issuance of health care and nutrition education agency must continue to verify the based on population group. All CSFP where it is available, WIC is more applicants may be treated equally when elderly person’s address and continued appropriate for women, infants, and interest in receiving CSFP benefits, and caseload slots become available, children who are categorically eligible. provided all eligibility requirements are the local agency must have sufficient met. The 2008 Farm Bill provision reason to believe the person still meets recognizes the participation trend and income eligibility standards. This DATES: Effective Date: This rule will the fact that most women, infants, and change brings CSFP regulations into become effective on March 8, 2010, children who are eligible to participate compliance with Section 4221 of the without further notice. in CSFP could alternatively participate 2008 Farm Bill. FOR FURTHER INFORMATION CONTACT: in WIC, which provides nutrition Michelle Waters, Program Analyst, at C. Caseload Assignment, 7 CFR Part services to eligible pregnant, post- Policy Branch, Food Distribution 247.21 partum and breastfeeding women, Division, Food and Nutrition Service, In the introductory text to 7 CFR U.S. Department of Agriculture, Room infants, and children up to the age of 247.21(a)(2), for additional caseload 500, 3101 Park Center Drive, five, while low-income elderly do not requests from State agencies, we Alexandria, Virginia 22302–1594 or by enjoy a choice between the two eliminate the FNS priority consideration telephone at (703) 305–2662. programs. WIC operates in all areas that given to requests to increase service to SUPPLEMENTARY INFORMATION: CSFP serves and provides food, as well women, infants, and children over as nutrition education and health requests to increase service to the I. Background referrals. Furthermore, WIC has the elderly. In 7 CFR 247.21(a)(2)(iii)(A), we The Food and Nutrition (FNS) is capability to serve all CSFP participants remove previous year program amending CSFP regulations at 7 CFR who are eligible for WIC. participation of women, infants, and

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children, and the elderly in a State as a 10.565. For the reasons set forth in the H. Paperwork Reduction Act factor of consideration for determining final rule in 7 CFR part 3015, Subpart The Paperwork Reduction Act of 1995 the amount of additional caseload States V and related Notice (48 FR 29114, June (44 U.S.C. Chap. 35; see 5 CFR part should receive. Likewise, in 7 CFR 24, 1983), the donation of foods in such 1320) requires that OMB approve all 247.21(a)(3) we eliminate program programs is included in the scope of collections of information by a Federal participant categories as a factor of Executive Order 12372, which requires agency from the public before they can consideration in the FNS assignment of intergovernmental consultation with be implemented. Respondents are not caseload to State agencies which have State and local officials. required to respond to any collection of approved State Plans and begin to information unless it displays a current participate in CSFP. These three E. Federalism Summary Impact Statement valid OMB control number. This rule changes bring CSFP regulations into does not contain any new information compliance with Section 4221 of the Executive Order 13132 requires collection requirements that are subject 2008 Farm Bill. Federal agencies to consider the impact to review and approval by OMB. III. Procedural Matters of their regulatory actions on State and local governments. Where such actions I. E-Government Act Compliance A. Executive Order 12866 have federalism implications, agencies FNS is committed to compliance with This rule has been determined to be are directed to provide a statement for the E-Government Act to promote the not significant and was not reviewed by inclusion in the preamble to the use of the Internet and other the Office of Management and Budget regulations describing the agency’s information technologies to provide (OMB) under Executive Order 12866. considerations in terms of the three increased opportunities for citizen categories called for under Section access to Government information and B. Regulatory Flexibility Act (6)(b)(2)(B) of Executive Order 13132. services, and for other purposes. This rule has been reviewed with FNS has considered the impact of this J. Good Cause Determination regard to the requirements of the rule on State and local governments and Regulatory Flexibility Act (5 U.S.C. has determined that this rule does not This action is being finalized without 601–612). It has been certified that this have federalism implications. prior notice or public comment under action will not have a significant impact authority of 5 U.S.C. 553(b)(3). Section on a substantial number of small F. Executive Order 12988 4221 of the 2008 Farm Bill amends entities. Although State and local This rule has been reviewed under Section 5 of the Agriculture and agencies administering CSFP will be Executive Order 12988, Civil Justice Consumer Protection Act of 1973 affected by this rulemaking, the Reform. This rule is intended to have a (7 U.S.C. 612c note, 87 Stat. 249) by economic effect will not be significant. preemptive effect with respect to any eliminating the requirement that all eligible women, infants, and children C. Unfunded Mandates Reform Act State or local laws, regulations, or policies which conflict with its are to be served before elderly persons Title II of the Unfunded Mandates provisions or which would otherwise in CSFP. The 2008 Farm Bill language Reform Act of 1995 (UMRA), Public impede its full implementation. This is clear and mandatory, leaving no room Law 104–4, establishes requirements for rule is not intended to have retroactive for discretion. CSFP regulations are Federal agencies to assess the effects of effect. Prior to any judicial challenge to therefore inconsistent with Section 5 of their regulatory actions on State, local, the provisions of this rule or the the Agriculture and Consumer and tribal governments and the private application of its provisions, all Protection Act of 1973. Thus, the sector. Under Section 202 of the UMRA, applicable administrative procedures Department has determined in FNS generally must prepare a written must be exhausted. accordance with 5 U.S.C. 553(b) that statement, including a cost-benefit Notice of Proposed Rulemaking and analysis, for proposed and final rules G. Civil Rights Impact Analysis (CRIA) Opportunity for Public Comments is with ‘‘Federal mandates’’ that may result The Office of Civil Rights (OCR) has unnecessary and contrary to the public in expenditures to State, local, or tribal assessed civil rights implications and interest and, in accordance with 5 governments, in the aggregate, or to the impacts of eligibility criteria, methods U.S.C. 553(d), finds that good cause private sector, of $100 million or more of administration, and other exists for making this action effective in any one year. When such a statement requirements associated with this rule, without prior public comment. is needed for a rule, Section 205 of the including strategies to eliminate, List of Subjects in 7 CFR Part 247 UMRA generally requires FNS to alleviate, or mitigate adverse and any Education, Food assistance programs, identify and consider a reasonable disproportionate civil rights impacts number of regulatory alternatives and Grant programs—health, Grant identified in the CRIA. Based on a adopt the least costly, more cost- programs—social programs, Indians, thorough review of this regulation, OCR effective, or least burdensome Infants and children, Investigations, has determined: alternative that achieves the objectives • Maternal and child health, Nutrition, of the rule. This rule contains no This change will bring CSFP Reporting and recordkeeping Federal mandates (under the regulatory regulations into compliance with the requirements, Surplus agricultural provisions of Title II of the UMRA) for 2008 Farm Bill; commodities, Women. • It is important to closely monitor State, local, and tribal governments or ■ Accordingly, 7 CFR part 247 is the private sector of $100 million or changes in CSFP participation rates; • amended as follows: more in any one year. This rule is, CSFP policy has directed local therefore, not subject to the agencies to refer women, infants, and PART 247—COMMODITY requirements of Sections 202 and 205 of children to WIC or other appropriate SUPPLEMENTAL FOOD PROGRAM the UMRA. programs; and • OCR will incorporate 1. The authority citation for 7 CFR D. Executive Order 12372 implementation of this rule change into part 247 is revised to read as follows: CSFP is listed in the Catalog of Civil Rights Compliance Reviews to Authority: Sec. 5, Pub. L. 93–86, 87 Stat. Federal Domestic Assistance under assess longitudinal trends. 249, as added by Sec. 1304(b)(2), Pub. L. 95–

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113, 91 Stat. 980 (7 U.S.C. 612c note); sec. Dated: January 27, 2010. Oregon 97204; Telephone: (503) 326– 1335, Pub. L. 97–98, 95 Stat. 1293 (7 U.S.C. Julia Paradis, 2724, Fax: (503) 326–7440, or E-mail: 612c note); sec. 209, Pub. L. 98–8, 97 Stat. Administrator, Food, Nutrition, and [email protected]; or Kurt 35 (7 U.S.C. 612c note); sec. 2(8), Pub. L. 98– Consumer Services. Kimmel, California Marketing Field 92, 97 Stat. 611 (7 U.S.C. 612c note); sec. 1562, Pub. L. 99–198, 99 Stat. 1590 (7 U.S.C. [FR Doc. 2010–2594 Filed 2–4–10; 8:45 am] Office, Marketing Order Administration 612c note); sec. 101(k), Pub. L. 100–202; sec. BILLING CODE 3410–30–P Branch, Fruit and Vegetable Programs, 1771(a), Pub. L. 101–624, 101 Stat. 3806 (7 AMS, USDA, 2202 Monterey Street, U.S.C. 612c note); sec 402(a), Pub. L. 104– Suite 102B, Fresno, California 93721; 127, 110 Stat. 1028 (7 U.S.C. 612c note); sec. DEPARTMENT OF AGRICULTURE Telephone: (559) 487–5901, Fax: (559) 4201, Pub. L. 107–171, 116 Stat. 134 (7 U.S.C. 487–5906, or E-mail: 7901 note); sec. 4221, Pub. L. 110–246, 122 Agricultural Marketing Service [email protected]. Stat. 1886 (7 U.S.C. 612c note). Small businesses may request 7 CFR Parts 925 and 944 2. Section 247.11 is amended by information on complying with this revising the second sentence in [Doc. No. AMS–FV–06–0184; FV03–925–1 regulation by contacting Jay Guerber, paragraph (a) and by revising paragraph FIR] Marketing Order Administration (b) to read as follows: Branch, Fruit and Vegetable Programs, Grapes Grown in a Designated Area of AMS, USDA, 1400 Independence § 247.11 Applicants exceed caseload Southeastern California and Imported Avenue, SW., STOP 0237, Washington, levels. Table Grapes; Change in Regulatory DC 20250–0237; Telephone: (202) 720– (a) * * * In establishing the waiting Periods 2491, Fax: (202) 720–8938, or E-mail: list, the local agency must include the [email protected]. AGENCY: Agricultural Marketing Service, date of application and information USDA. SUPPLEMENTARY INFORMATION: This rule necessary to allow the local agency to is issued under Marketing Agreement ACTION: contact the applicant when caseload Final rule. and Order No. 925 (7 CFR part 925), space becomes available. * * * SUMMARY: The Department of regulating the handling of grapes grown (b) What are the requirements for Agriculture (USDA) is adopting, as a in a designated area of southeastern serving individuals on the waiting list final rule, without change, an interim California, hereinafter referred to as the once caseload slots become available? final rule revising the regulatory period ‘‘order.’’ The order is effective under the The local agency must certify eligible when minimum grade, size, quality, and Agricultural Marketing Agreement Act individuals from the waiting list maturity requirements apply to of 1937, as amended (7 U.S.C. 601–674), consistent with civil rights requirements southeastern California grapes under hereinafter referred to as the ‘‘Act.’’ at § 247.37. For example, a local agency Marketing Order No. 925 (order), and to This rule is also issued under section may certify eligible individuals from the imported grapes under the table grape 8e of the Act, which provides that waiting list based on the date the import regulation, from April 20 whenever certain specified application was received on a first- through August 15 of each year to April commodities, including table grapes, are come, first-served basis. 10 through July 10 of each year. The regulated under a Federal marketing order, imports of these commodities § 247.16 [Amended] order regulates the handling of grapes grown in a designated area of into the United States are prohibited ■ 3. Section 247.16 is amended in southeastern California and is unless they meet the same or paragraph (a)(2)(i) by adding the word administered locally by the California comparable grade, size, quality, or ‘‘and’’ after the semi-colon; paragraph Desert Grape Administrative Committee maturity requirements as those in effect (a)(2)(ii) by removing ‘‘; and’’, and (Committee). The change to the for the domestically produced adding a period at the end of the regulatory period beginning date is commodities. The table grape import sentence; and by removing paragraph needed to help ensure that imported regulation is specified in § 944.503 (7 (a)(2)(iii). table grapes marketed in competition CFR part 944.503). USDA is issuing this rule in ■ 4. In § 247.21: with domestic grapes are subject to the grade, size, quality, and maturity conformance with Executive Order ■ a. Revise the introductory text of requirements of the order. Section 8e of 12866. paragraph (a)(2); the Agricultural Marketing Agreement This rule has been reviewed under ■ b. Remove paragraph (a)(2)(iii)(A); Act of 1937 (Act) provides authority for Executive Order 12988, Civil Justice ■ c. Redesignate paragraphs (a)(2)(iii)(B) such change. The change to the Reform. This action is not intended to through (a)(2)(iii)(D) as paragraphs regulatory period ending date is needed have retroactive effect. (a)(2)(iii)(A) through (a)(2)(iii)(C), to realign the regulatory period with The Act provides that administrative respectively; and current shipping trends for grapes in the proceedings must be exhausted before parties may file suit in court. Under ■ d. Remove the second sentence of order’s production area. This rule also section 608c(15)(A) of the Act, any paragraph (a)(3). continues in effect the action that handler subject to an order may file The revision reads as follows: clarified the maturity (soluble solids) requirements for southeastern California with USDA a petition stating that the § 247.21 Caseload assignment. and imported Flame Seedless variety order, any provision of the order, or any grapes. obligation imposed in connection with (a) * * * the order is not in accordance with law (2) Additional caseload. Each DATES: Effective Date: February 8, 2010. and request a modification of the order participating State agency may request FOR FURTHER INFORMATION CONTACT: or to be exempted therefrom. A handler additional caseload to increase program Barry Broadbent, Northwest Marketing is afforded the opportunity for a hearing participation. Eligibility for and Field Office, Marketing Order on the petition. After the hearing, USDA assignment of additional caseload are Administration Branch, Fruit and would rule on the petition. The Act determined in the following manner: Vegetable Programs, AMS, USDA, 1220 provides that the district court of the * * * * * SW. Third Avenue, Suite 385, Portland, United States in any district in which

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the handler is an inhabitant, or has his of the order. Section 925.304 of the respond to the marketing and or her principal place of business, has order’s administrative rules and technology changes that have occurred jurisdiction to review USDA’s ruling on regulations prescribes the period during within the imported grape industry. the petition, provided an action is filed which grapes are handled pursuant to Improvements in cold storage not later than 20 days after the date of regulation. technology have enabled large the entry of the ruling. Current regulations under the order quantities of imported grapes to be There are no administrative require grapes shipped during the imported prior to the beginning of the procedures that must be exhausted prior regulatory period to be at least U.S. No. marketing order regulatory period, when to any judicial challenge to the 1 Table, as set forth in the United States the order requirements come into effect, provisions of import regulations issued Standards for Grades of Table Grapes and subsequently be held in cold under section 8e of the Act. (European or Vinifera type) (7 CFR storage for long periods of time. This 51.880 through 51.914) (Standards), or Introduction can potentially allow the stored product meet the requirements of the U.S. No. 1 to be marketed after the start of the This rule finalizes the interim final Institutional grade, except for the regulatory period in competition with rule published in the Federal Register tolerance percentage for bunch size. The regulated, domestically produced on January 21, 2009 (74 FR 3412), that tolerance is 33 percent instead of 4 grapes. Establishing the earlier revised the beginning and ending dates percent as is required to meet the U.S. beginning regulatory period date for the of the regulatory period when minimum No. 1 Institutional grade. marketing order helps ensure that grade, size, quality, and maturity Grapes meeting the institutional imported table grapes marketed in requirements apply to southeastern quality requirements may be marked competition with domestically California grapes under Marketing Order ‘‘DGAC No. 1 Institutional’’ but shall not produced table grapes meet the No. 925, and to imported grapes under be marked ‘‘Institutional Pack.’’ Grapes minimum marketing order quality the table grape import regulation. The of the Flame Seedless and Perlette standards. revised regulatory period also applies to varieties are required to meet the ‘‘other Marketing order regulation is pack and container requirements issued varieties’’ standard for berry size (ten- intended to protect the interests of both under the order. This final rule sixteenths of an inch). the producers and consumers of continues in effect the changes made by In addition, fresh shipments of grapes agricultural commodities covered under the interim final rule. The previous from the marketing order area are the Act. A USDA/ERS report discussed regulatory period for both domestic and required to meet the minimum maturity the purposes and benefits of quality and imported grapes was April 20 through requirements for table grapes as condition standards (USDA, Economic August 15 of each year. specified in the California Code of Research Service, Agricultural The Committee, which locally Regulations (3 CCR 1436.12). Grapes of Economic Report Number 707, ‘‘Federal administers the order, unanimously the Flame Seedless variety shall be Marketing Orders and Federal Research recommended changing the date when considered mature if the juice meets or and Promotion Programs, Background the order’s requirements expire to July exceeds 16.5 percent soluble solids, or for 1995 Farm Legislation’’, by Steven A. 10 of each year, because few grapes are contains not less than 15 percent Neff and Gerald E. Plato, May 1995). normally shipped after that date. soluble solids and the soluble solids are The basic rationale for such standards is Additionally, the Desert Grape Growers equal to or in excess of 20 parts to every that only satisfied customers are repeat League of California (League) requested part acid contained in the juice in customers. Thus, quality standards help that USDA change the beginning date of accordance with applicable sampling ensure that consumers are presented a the regulatory period for imported table and testing procedures specified in the product that is of a consistent quality, grapes from April 20 to April 1. The California Code of Regulations. helps create buyer confidence, and League requested this change to ensure Prior to the interim final rule in this contributes to stable market conditions. that grapes imported prior to the rulemaking, the regulatory period for When consumers purchase satisfactory beginning of the regulatory period, but imported grapes began April 20 and quality grapes, they are likely to marketed during the regulatory period extended through August 15 of each purchase grapes again, and inspection in competition with domestically year, the same as the period delineated helps ensure a quality product. It is produced grapes, meet the California in the marketing order for domestic anticipated that this action will improve grape order’s grade, size, quality, and grapes. This rule finalizes the revised the orderly marketing of grapes and maturity requirements. After much regulatory period established in the benefit producers and consumers of consideration, USDA has determined import regulations for imported grapes grapes. that a beginning regulatory period date to April 10 through July 10 of each year. of April 10 adequately addresses the This period mirrors the period set by the Changing the Date When Domestic and League’s concerns and is consistent marketing order for domestic regulation. Imported Table Grape Regulations with the provisions of the Act. The ending date of the regulatory Expire This rule also finalizes the period was changed from August 15 to Prior to the interim final rule, clarification to the maturity (soluble July 10 to more accurately reflect the § 925.304 of the order specified a solids) requirements for southeastern production season of grapes produced regulatory period of April 20 through California and imported Flame Seedless within the marketing order production August 15 when minimum grade, size, variety grapes. area. Recent production history shows quality, and maturity requirements Section 925.52(a)(2) of the grape the majority of the grapes produced in apply to grapes grown in southeastern marketing order provides authority to the production area are shipped prior to California. A final rule published on limit the handling of any grade, size, July 10. Regulating after that date is March 20, 1987, (52 FR 8865) quality, maturity, or pack of grapes unjustified, both economically and established the regulatory period to differently for different varieties, or any logistically, for the small quantity of promote the orderly marketing of combination of the foregoing during any grapes that are produced. grapes. period or periods. Section 925.55 Additionally, the beginning date of The Committee met on November 14, provides for mandatory inspection for the regulatory period was changed from 2002, and unanimously recommended all grapes handled pursuant to § 925.52 April 20 to April 10 of each year to modifying § 925.304 to change the date

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when minimum grade, size, quality, and beginning of the regulatory period for impact on the price and availability of maturity requirements expire to July 10, imports were changed to April 1. grapes. rather than August 15. The Committee After much consideration, including Current market mechanisms for met again on December 12, 2002, and the League’s proposal and comments imported grapes dictate that product is clarified that the proposed regulatory received by USDA concerning the either immediately shipped directly to period should also apply to pack and proposed change, USDA established, retail markets or diverted for holding in container requirements under the order. through an interim final rule, an April cold storage facilities. Improved cold Since 1987, the amount of grapes 10 beginning date of the regulatory storage technology allows importers to handled in the production area after period for imported grapes. This final divert imported grapes from normal July 10 has generally decreased as older rule continues in effect the action that marketing channels for up to 60 days vineyards, which typically produce late revised the beginning regulatory period after their arrival at a U.S. port. The season varieties, have been removed. date to April 10. practice of importing grapes into the For the years 2000–2008, almost 99 USDA is authorized by Section U.S. prior to the beginning of the percent of the approximately 7.3 million 608e(b)(1) of the Act to extend regulatory period, holding them in cold 18-pound lugs of grapes grown annually marketing order requirements for a storage, and subsequently releasing in the production area were handled period, not to exceed 35 days, during them into the market after the regulatory during the period April 20 to July 10. which the order requirements would be period has begun may result in the On average, just over one percent of effective for an imported commodity avoidance of the marketing order these grapes were harvested and during any year, if USDA determines regulation. Revising the start of the marketed during the period July 11 to that the additional period of time is regulatory period to April 10 reduces August 15. The Committee believes that necessary to effectuate the purposes of the likelihood that uninspected grapes ending the regulatory requirements on the Act and to ensure that imports that are imported prior to the start of July 10 will benefit handlers and marketed during the regulatory period regulation are marketed during the meet the grade, size, quality, or maturity producers by reducing the costs regulatory period. requirements of the marketing order Exporting countries ship many high associated with mandatory inspection. applicable to domestic production. quality grapes to the U.S. prior to April Under section 8e of the Act, minimum Further, section 608e(b)(2) of the Act 20. Those same countries have the grade, size, quality, and maturity provides that in making such a capability of exporting grapes which requirements for table grapes imported determination, USDA shall consider, consistently meet the minimum into the United States are established through notice and comment requirements of the import regulation. under Table Grape Import Regulation 4 procedures: There is no expectation that the earlier (7 CFR 944.503) (import regulation). (A) To what extent, during the beginning date of regulation will cause Section 944.503(a)(3) of the import previous year, imports of a commodity a shortage of grapes in the market. The regulation specifies the regulatory that did not meet the requirements of a earlier beginning date helps ensure that period when imported grapes are marketing order applicable to such grapes being imported and marketed subject to minimum requirements. The commodity were marketed in the United during the regulatory period meet change to the order’s regulatory period States during the period that such minimum requirements prior to being expiration date required a marketing order requirements were in allowed to be marketed in the U.S. corresponding change to expiration date effect for available domestic It is expected that uniform high of the regulatory period for imported commodities (or would have been quality product consistently in the table grapes. marketed during such time if not for any market will encourage repeat purchases It is expected that the earlier end to additional period established by the of imported and domestic grapes, which the regulatory period for domestic and Secretary); should benefit producers, handlers, imported grapes will benefit handlers, (B) If the importation into the United importers, and consumers of grapes. producers, and importers, because the States of such commodity did, or was The U.S. Census Bureau indicates that regulatory burden on these entities will likely to, avoid the grade, size, quality, on average for the years 2000–2008, 68 be reduced. or maturity standards of a seasonal million 18-pound lugs of grapes were Changing the Beginning of the marketing order applicable to such imported into the United States. The Regulatory Period for Domestic and commodity produced in the United two main countries exporting to the Imported Table Grapes States; and United States were Chile, with average (C) The availability and price of exports of 51 million 18-pound lugs (76 In January 2003, the League requested commodities of the variety covered by percent of the total), and Mexico, with that USDA change the beginning date of the marketing order during any 14 million 18-pound lugs (21 percent of the regulatory period for imported table additional period the marketing order the total). The remaining three percent grapes from April 20 to April 1, and requirements are to be in effect. came from various other countries. provided information in support of that In its request, the League presented Total grape imports for the February request. The League contended that, in arguments and data that support the through April period in the years 2000– prior years, grapes not subject to claim that unregulated imported grapes 2008 averaged 44 million 18-pound marketing order requirements were have been and likely will continue to be lugs. Of this amount, 97 percent came imported prior to the start of the in the market in competition with from Chile and the remaining regulatory period and were grapes subject to regulation, that the percentage came from various other subsequently marketed during the presence of such grapes may result in an countries. regulatory period in competition with avoidance of the marketing order Information from USDA’s Market domestically produced grapes subject to requirements, and that expanding the News Service (Market News) for 2000– the California grape order’s grade, size, marketing order regulatory period to 2008 shows that the Port of Philadelphia maturity, and quality requirements. The ensure that imported and domestic (where historically the greatest League further contended that there grapes marketed during the regulatory percentage of Chilean table grapes enter would be no adverse effect on the period meet minimum marketing order the United States) received an average of availability and prices of grapes if the quality standards will have minimal 20 million 18-pound lugs of imported

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Chilean grapes during the February 1 to market after April 20, in competition 1436.5, 1463.6, 1436.7, 1436.12, and April 19 period, with approximately 30 with grapes that have passed inspection 1436.17). Prior to the implementation of percent (6 million) of these 20 million and met or exceeded the marketing the interim final rule, this subparagraph 18-pound lugs arriving between April 1 order and import requirements. did not include the 16.5 percent option and April 19. Market News import Market News reports of commodity for meeting maturity requirements. In statistics for the 2008 shipping season movement for the years 2000–2008 addition, obsolete language specifically show that 18.82 million lugs of grapes show that grape imports decrease regarding requirements in effect only in were imported from Chile into dramatically soon after the start of the 1998 has been removed from paragraph Philadelphia from February 1 to April regulatory period. The amount of grapes (a)(1). These requirements are already in 19, with 28 percent (5.26 million) imported during the regulatory period effect for grapes shipped from arriving between April 1 and April 19. cannot account for the substantial southeastern California under Marketing After the April 20 start of the regulatory quantity of imported grapes consistently Order No. 925. period, shipments dropped off present in the market in May and, Final Regulatory Flexibility Impact dramatically and ended completely by sometimes, into June. Since few grapes Analysis June 4. are imported early in the regulatory Fresh grapes imported prior to the period, many of the imported grapes Pursuant to requirements set forth in beginning of the regulatory period are available during the regulatory period the Regulatory Flexibility Act (RFA) not subject to mandatory inspection but have entered the country prior to the (5 U.S.C. 601–612), the Agricultural may be inspected on a voluntary basis. beginning of the regulatory period and Marketing Service (AMS) has USDA’s Fresh Products Branch, Fruit have been held in cold storage and considered the economic impact of this and Vegetable Programs (Fresh marketed during the regulatory period. rule on small entities. Accordingly, Products), is responsible for the The Market News terminal market AMS has prepared this final regulatory performance of those voluntary reports generally indicate that marginal flexibility analysis. inspections and compiles the inspection quality and condition grapes command The purpose of the RFA is to fit results data. Approximately 10 percent dramatically reduced prices in the regulatory actions to the scale of of the table grapes imported during the market. In addition, those same reports business subject to such actions in order period April 1–19, 2008, were indicate that grapes of better quality and that small businesses will not be unduly voluntarily inspected. condition tend to receive higher prices. or disproportionately burdened. The grapes that are voluntarily The April 10 regulatory period Marketing orders issued pursuant to the inspected and fail to meet the Standards beginning date was implemented to Act, and the rules issued thereunder, are are not prohibited from entering into the ensure that imported and domestic unique in that they are brought about channels of commerce in the U.S. By grapes marketed during the regulatory through group action of essentially contrast, imported grapes that fail period meet the minimum marketing small entities acting on their own import quality requirements during the order quality standards. This action is behalf. Thus, both statutes have small regulatory period must be reworked to expected to reduce the quantity of entity orientation and compatibility. meet the minimum requirements before unregulated imported grapes marketed Import regulations issued under the Act being marketed in the U.S. Otherwise, during the regulatory period and to are comparable to those established failing product must be exported, provide consumers with higher quality under Federal marketing orders. destroyed, or utilized in processed grapes on a more consistent basis. There are approximately 14 handlers products. Experience has shown that an of southeastern California grapes subject Under normal marketing conditions, improvement in product quality results to regulation under the order and about imported grapes move directly through in increased acceptance in the 50 grape producers in the production distribution channels into retail marketplace and translates into more area. In addition, there are markets. However, when the supply of frequent purchases. USDA expects approximately 123 importers of grapes. imported product exceeds demand, the domestic producers and handlers of Small agricultural service firms are imported grapes can be put into cold southeastern California grapes, as well defined by the Small Business storage until the market is ready to as exporters and importers of foreign- Administration (13 CFR 121.201) as absorb them. The length of time the produced grapes, to benefit from this those having annual receipts of less than grapes remain in storage likely has a action through stabilized marketing $7,000,000, and small agricultural negative effect on the quality of the conditions and prices. The regulatory producers are defined as those whose grapes. period change is anticipated to benefit annual receipts are less than $750,000. Studies of table grape importer storage the producers and marketers of both Nine of the 14 handlers subject to behavior performed by SURRES, a domestic and imported grapes, as well regulation have annual grape sales of division of the Applied Technology as grape consumers. less than $7 million. Based on data from Corporation, and the College of Business the National Agricultural Statistics and Management, University of Clarification of Maturity Requirements Service (NASS) and the Committee, the Maryland, indicate that importers use This rule also finalizes the average crop value for 2008 is about their storage capability extensively modifications to § 944.503(a)(1)(ii) to $53,040,000. Dividing this figure by the during the March–April timeframes and clarify that imported Flame Seedless number of producers (50) yields an that storage periods in the 30 to 60 day variety grapes shall be considered average annual producer revenue range are not uncommon at this time of mature if the juice meets or exceeds 16.5 estimate of about $1,060,800, which is year. Thus, the utilization of cold percent soluble solids, or contains not above the SBA threshold of $750,000. storage facilities in this manner creates less than 15 percent soluble solids and Based on the foregoing, it may be a mechanism whereby grapes imported the soluble solids are equal to or in concluded that a majority of grape prior to the April 20 start of the excess of 20 parts to every part acid handlers and none of the producers may regulatory period (product which is not contained in the juice in accordance be classified as small entities. The subject to the marketing order with applicable sampling and testing average importer receives $2,800,000 in requirements) may be held over in cold procedures specified in the California revenue from the sale of grapes. storage and subsequently enter the Code of Regulations (3 CCR 1436.3, Therefore, we believe that the majority

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of these importers may also be classified Changing the Ending of the Regulatory ranged from $11.85 to $12.85 per 18- as small entities. Period for Domestic and Imported pound lug. In 2008, early season Flame Grapes Seedless prices ranged from $22.95 to Summary of Changes Section 925.52(a)(2) of the grape order $28.95 while the late season prices This rule continues in effect the provides authority to limit the handling averaged $11.95 per 18-pound lug. Additionally, inspection costs for interim final rule published in the of any grade, size, quality, maturity or grapes handled after July 10 are higher, Federal Register on January 21, 2009 pack of grapes differently for different as inspection fees are proportionate to (74 FR 3412), that revised the regulatory varieties, or any combination of the the volume of grapes inspected. Thus, a periods when minimum grade, size, foregoing during any period or periods. shortened regulatory period is expected quality, and maturity requirements Section 925.304 of the order’s apply to grapes grown in southeastern to benefit handlers and producers. administrative rules and regulations The Committee considered other California under the order, and to stipulates the regulatory period when imported grapes under the table grape regulatory period alternatives that minimum grade, size, quality, and would more adequately reflect the end import regulation. The revised maturity requirements apply to grapes regulatory period also applies to pack of the harvest for the domestic grown in southeastern California under production area but still ensure and container requirements issued the order. A final rule published on under the order. Prior to the action, the shipments of higher quality grapes. For March 20, 1987 (52 FR 8865), example, one suggestion was to change regulatory period for both domestic and established the original regulatory imported grapes was April 20 through the ending date of the regulatory period period to promote the orderly marketing for grapes grown in the designated area August 15 of each year. of grapes. The California Desert Grape of southeastern California to July 1 or Grape handlers in the production area July 5. This suggestion was not adopted Administrative Committee, which shipped and marketed an average of 7.3 locally administers the order for grapes because the Committee believes that million 18-pound lugs of grapes July 10 is more reflective of the end of grown in a designated area of annually from 2000–2008. southeastern California, unanimously the season. Approximately one percent Approximately 99 percent of those of grapes are shipped from the recommended changing the date when grapes were shipped and marketed production area after July 10, but the these requirements end for grapes grown during the period April 20 to July 10. At industry felt that commercial quantities in California to July 10. Moving the least 14 varieties are grown in the of grapes may still be shipped before ending date of the regulatory period production area regulated under the that date and was not supportive of an forward is in the interest of table grape order and marketed in major U.S. earlier ending date. handlers and producers. The Desert market areas. The four major varieties Section 8e of the Act specifies that Grape Growers League of California are Flame Seedless, Perlettes, whenever certain specified requested that the beginning date of the Thompson Seedless, and Sugraone. commodities, including table grapes, are regulatory period for imported grapes be Since 1987, the amount of grapes regulated under a Federal marketing changed from April 20 to April 1 and handled after July 10 has decreased, order, imports of that commodity into provided information to support its and, in the period 2000–2008, the the United States are prohibited unless request. The League proposed this amount of grapes handled after July 10 they meet the same or comparable regulatory period change to reduce the constituted just slightly more than 1 grade, size, quality, and maturity quantity of unregulated imported grapes percent of the grapes produced in the requirements as those in effect for the that are marketed during the regulatory production area. The Committee met on domestically produced commodity. period in competition with regulated November 14, 2002, and unanimously Minimum grade, size, quality, and grapes. The League believes that recommended modifying § 925.304 of maturity requirements for table grapes regulating product quality to meet the order’s administrative rules and imported into the United States are minimum standards will result in regulations to advance the date when established under Table Grape Import increased acceptance of grapes in the minimum grade, size, quality, and Regulation 4 (7 CFR 944.503). marketplace, and is expected to maturity requirements expire to July 10, Section 944.503(a)(3) of the import translate into more frequent purchases rather than August 15. The Committee regulation specifies the regulatory on the part of the consumer. met again on December 12, 2002, and period during which imported grapes After publishing a proposed rule and clarified that the proposed regulatory are subject to regulation. Prior to the receiving comments, USDA period should also apply to pack and interim final rule, the regulatory period subsequently determined that changing container requirements under the order. was April 20 to August 15 of each year. the beginning date of the regulatory The amount of grapes handled in the Since that action changed the ending period to April 10, as opposed to the production area after July 10 of each date of the regulatory period for the April 1 date requested by the League, year has generally decreased as older California production area to July 10, a adequately addressed the League’s vineyards, which typically produce late corresponding change to the regulatory concerns and was consistent with the season varieties, have been removed. period for imported table grapes was provisions of the Act. During the past 3 years, approximately required under section 8e of the Act. In addition, this finalizes the interim 99 percent of the grapes grown in the final rule that revised regulatory production area were handled during Changing the Beginning of the language in the grape import regulations the period April 20 through July 10. Regulatory Period for Imported Grapes to clarify maturity requirements on Grapes handled after July 10 tend to The U.S. Census Bureau indicates that imported Flame Seedless variety grapes. bring much lower prices than early on average, for the years 2000–2008, 68 Prior to the interim final rule, the season grapes. For example, in the 2003 million 18-pound lugs of grapes were regulation did not include the 16.5 season that followed the Committee imported into the United States. The percent option for meeting maturity recommendation, FOB prices for early majority of these grapes are imported requirements that has been in effect for season Flame Seedless grapes ranged prior to April 20. Only grapes imported grapes shipped from southeastern from $13.85 to $23.85, while end-of- during the regulatory period are California under the order. season Flame Seedless grape FOB prices required to be inspected and to comply

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with the same minimum grade, size, beginning date of regulation. After April type. Market research and experience quality, and maturity requirements as 20, shipments drop dramatically and shows that consumers often purchase the domestic marketing order. usually cease altogether by May 31. other commodities in place of the The League requested that the Market News reports show that commodity with which they have had a beginning date of the regulatory period shipments of imported Chilean grapes bad quality experience. Decreasing for imported grapes be advanced from in 2008 mirror the pattern of previous demand ultimately has a negative effect April 20 to April 1, and submitted years. An average of 3.25 million 18- on grower, handler, exporter, and information to support its request to pound lugs of grapes were imported importer returns. USDA for review and evaluation. After each week of the season leading up to The ERS report also discusses the much consideration, USDA determined the April 20 start of regulation. For the purposes of quality standards. The basic that changing the beginning date of the week following the April 20 start date, rationale for such standards is that only regulatory period to April 10 adequately shipments dropped to approximately satisfied customers are repeat addressed the League’s concerns and 750,000 lugs per week. In the weeks that customers. When consumers have a was consistent with the provisions of followed, shipments were 430,000 lugs, good quality experience, they make the Act. The beginning date of the 372,000 lugs, and 78,000 lugs. repeat purchases. Thus, quality marketing order regulatory period was Shipments continued to decrease to standards help ensure that consumers also changed to keep the import and statistically insignificant quantities, are presented product that is of a known domestic regulatory period dates the ceasing completely after June 4, 2008. level of quality. It is in the interest of same. Fresh Products data indicates that the grape industry to maintain The authority for changing the from 2004–2007, less than one percent consumer confidence by consistently beginning date of the regulatory period of imported Chilean grapes were subject offering high-quality product. for imports is specified in section to inspection during the regulatory According to the League, countries 608e(b) of the Act. These provisions period, confirming that only limited that export table grapes to the European allow the Secretary to extend import quantities of Chilean grapes are Union and Canada must meet minimum requirements for a period, not to exceed imported after the import regulation inspection requirements on a year- 35 days, during which the import takes effect. The majority of imports round basis. A number of these requirements would be effective for the from Mexico are imported during the countries are the same as those who also imported commodity. To change the May-July period of each year subject to export table grapes to the United States. beginning date, USDA must consider the import regulation requirements. Hence, a change in the effective date to the following: (1) For the prior year, Market News terminal market reports April 10 should not dramatically whether imports of grapes that did not for grapes for the years 2000–2008 adversely affect the availability of meet import requirements were indicate that imported table grapes are imported table grapes in the U.S. marketed in the United States during in the domestic market during May and market, as the exporting countries have the period that such import June and that they compete with the ability to supply high-quality table requirements were in effect; (2) whether regulated grapes that are required to be grapes during this same time period. As imported grapes did or were likely to inspected and certified as meeting an example, during the period avoid such import requirements; and (3) minimum quality requirements. Given April 1–19, 2004, FOB prices for whether there would be any adverse the small quantity of grapes imported imported grapes in U.S. markets ranged effect on the availability and prices of during the early part of the regulatory from $8 to $26 per package, depending grapes if the regulatory period for period, it is presumed that the imported on the date, condition, and size of the imports was changed. grapes available in the market during grapes. During the same period, The League contends that such an that time were imported prior to the Canadian FOB prices for imported action is needed to ensure that grapes start of the regulatory period and held grapes ranged from $12.03 to $33.98 and imported into the United States prior to over in cold storage. European Union prices ranged from $8 the beginning of the regulatory period, USDA’s Economic Research Service to $22 depending on the date, condition, but marketed when the regulation is in (ERS) studies indicate that low quality and size of the grapes. effect, meet marketing order grade, size, commodities can adversely affect the Better quality grapes tend to quality, and maturity requirements. market for shippers of acceptable command higher prices. The increase in Grape importers use cold storage quality products. Quality requirements revenue could offset the added extensively during the months of March are typically used to cultivate a positive inspection costs of 3.8 cents per box for and April. Storage periods in the 30–60 image of a consistent and reliable imported grapes checked at dockside. In day range are not uncommon at this supplier of high-quality product. This 2000–2008, less than 1 percent of time of year. Much of the imported results in consumer goodwill that Chilean grapes required mandatory product available in the market during strengthens demand and boosts inspection. However, if inspection in the regulatory period is believed to have producer prices. (USDA, Economic these years had been mandatory as of been shipped prior to the beginning of Research Service, Agricultural April 10, about 7 percent would have the regulatory period and held in such Economic Report Number 629, ‘‘Federal been required to be inspected. It is facilities before shipping to terminal Marketing Orders for Fruits, Vegetables, anticipated that grape prices will be markets. Nuts, and Specialty Crops’’ by Nicholas slightly higher as the quality level of On average, 68.0 million 18-pound J. Powers, March 1990; USDA, grapes offered to consumers is lugs of grapes were imported into the Economic Research Service, ‘‘Criteria for increased. United States at all ports during each of Evaluating Federal Marketing Orders: Inspection fees will now be applicable the years 2000 to 2008. During each of Fruits, Vegetables, Nuts, and Specialty to grapes imported during the April 10– those years, there was a significant Commodities’’ by Leo C. Polopolus, Hoy 19 period. These fees vary, depending decrease in imports after the April 20 F. Carman, Edward V. Jesse, and James on such factors as the location of the beginning of the regulatory period. D. Shaffer, December 1986). inspection, the size of the load to be Approximately 3 million 18-pound lugs The presence of lower quality product inspected, and whether there are of imported grapes arrive each week of in the marketplace, from any source, multiple commodities to be inspected. the shipping season prior to the April 20 weakens demand for all products of that Current inspection fees for imported

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grapes are 3.8 cents per package when AMS is committed to compliance FR 70811). Copies of the rule were inspected at dockside. When the with the E-Government Act, to promote mailed or sent via facsimile to all inspection is performed at a location the use of the Internet and other Committee members and grape other than dockside, the fees range from information technologies to provide handlers, and the rule was made $69 to $151 per car lot (approximately increased opportunities for citizen available through the Internet at http:// 45,000 pounds), depending on the access to Government information and www.regulations.gov. number of packages in the load. (See services, and for other purposes. A total of seven comment periods http://www.ams.usda.gov/AMSv1.0/ This rule will not impose any (five 60-day comment periods, a 30-day getfile?dDocName=STELPRDC5065795 additional reporting or recordkeeping comment period, and a 15-day comment for inspection fee information.) requirements on either small or large period) have been provided to allow With prices for imported grapes grape handlers or importers. As with all interested persons to respond to the ranging from $6 to mostly $44 per Federal marketing order programs, proposed action. The last comment package, depending on the month, reports and forms are periodically period ended March 23, 2009. condition, and size of the grapes, reviewed to reduce information In total, USDA received 161 inspection fees are anticipated to be less requirements and duplication by comments related to the proposed rule. than 1 percent of the value of the grapes industry and public sector agencies. In Comments were broken down as imported during this period of time. addition, USDA has not identified any follows: 20 comments were in support The benefits and costs associated with relevant Federal rules that duplicate, of the proposal and 141 in opposition; changing the dates when grade, size, overlap, or conflict with this final rule. 112 of the comments originated from quality, and maturity requirements The Committee’s meetings were foreign sources and 49 from domestic apply to grapes grown in a designated widely publicized throughout the grape sources. Fifteen of the comments were area of southeastern California and to industry and all interested persons were in relation to extending the comment imported grapes under the grape import invited to attend the meetings and period or requests for additional regulation are not expected to be participate in Committee deliberations. information. The comments received disproportionately larger or smaller for Like all Committee meetings, the were primarily directed towards small importers than for large importers, November 14, 2002, and the December discussion of the proposed change to nor for small handlers or producers than 12, 2002, meetings were public meetings the beginning date of the regulatory for larger entities. and all entities, both large and small, period. There were no comments in A number of alternatives to an April were able to express their views on opposition to the proposed change to 10 regulatory period start date were changing the marketing order regulatory the ending date of the regulatory period considered prior to the implementation period. Also, the World Trade or to the proposed change of the of the interim final rule, including Organization, the Chilean Technical maturity requirements in the import leaving the April 20 beginning date of Barriers to Trade (TBT) inquiry point for regulation. the regulatory period unchanged, and notifications under the U.S.-Chile Free Twenty comments were submitted in setting an earlier beginning date (April Trade Agreement, the embassies of full support of the proposed changes 1 per the League’s request). Argentina, Brazil, Canada, Chile, Italy, during the proposed rule comment There is clear evidence that the April Mexico, Peru, and South Africa, and period. The comments were submitted 20 start date has allowed unregulated known grape importers were notified of by domestic grape producers and imported grapes to compete in the the proposed and interim final rules. handlers, associations related to the marketplace with regulated grapes, Finally, interested persons were invited domestic grape industry, domestic negatively impacting domestic to submit comments on the interim final agricultural service firms, and members producers and handlers. Maintaining rule, including the regulatory and of the U.S. Congress. the status quo in relation to the informational impacts of this action on USDA received a total of 141 regulatory period start date was not small businesses. comments in opposition to the proposal deemed to be a viable option. An interim final rule was published during the proposed rule comment An April 1 regulatory period start in the Federal Register on January 21, period and subsequent five reopenings. date, as originally proposed by the 2009 (74 FR 3412). Copies of the rule Fourteen of the comments were in League, would certainly have addressed were mailed by the Board’s staff to all relation to extending the comment the problem, but may have also created Committee members and grape period or requests for additional some unintended consequences. The handlers. In addition, the rule was made information, 106 were so similar in style imported grape industry felt that an available through the Internet by USDA and content as to be considered form April 1 start date would have created and the Office of the Federal Register. A letters, and the remaining 21 were undue economic hardship for the 60-day comment period ending March unique submissions. The commenters industry and may have ultimately 23, 2009, was provided to allow represented foreign grape producers, resulted in curtailed shipments. interested persons to respond to the foreign grape producer associations, The April 10 regulatory period start rule. shippers, importers, exporters, and date addressed the concerns of the maritime affiliates that are directly domestic grape industry, while not Previously Published Proposed Rule involved in the importation of foreign excessively burdening the imported In addition, prior to the publication of produced grapes into the U.S. grape industry. An April 10 beginning the interim final rule, a proposed rule The opposition comments that had date is expected to improve the quality concerning this action was published in material bearing on the previously of imported and domestic grapes the Federal Register on May 25, 2005 published proposed rule may be available to consumers, lessen the (70 FR 30001). That proposed rule was summarized into the following four chances of unregulated imported grapes subsequently reopened five times for categories: (1) The proposed change in being in the market during the further comments on July 25, 2005 (70 the beginning effective date contravenes regulatory period in competition with FR 42513), on September 27, 2005 (70 the mandates set forth in the Act; (2) the regulated grapes, and, ultimately, be in FR 56378), on July 11, 2006 (71 FR proposed rule fails to supply a reasoned the best interest of all grape handlers, 39019), on October 25, 2007 (72 FR analysis to rescind the 1987 finding that producers, importers, and consumers. 60588), and on December 13, 2007 (72 a change of the beginning effective date

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for Marketing Order 925 and Import As in their previous comments, the MarketingOrdersSmallBusinessGuide. Regulation 4 to a date before April 20 commenters in opposition to the interim Any questions about the compliance would constitute an unnecessary final rule maintained that the action guide should be sent to Jay Guerber at regulation of imports at a time when violated the criteria set forth in the Act the previously mentioned address in the domestic shipments would appear to be for such action and lacked the required FOR FURTHER INFORMATION CONTACT remote; (3) the proposed beginning statistical evidence from ‘‘the previous section. effective date of April 1 is contrary to year.’’ The commenters also charged that In accordance with section 8e of the the declared administrative policy of the there was deficient or irrelevant Act, USTR has concurred with the AMS/USDA; and (4) the proposed rule evidence in support of the action, issuance of this final rule. imposes marketing order standards on rebutted allegations of poor quality of After consideration of all relevant Chilean supplies when no domestic grape imports being imported material presented, including the varieties are available, and therefore immediately prior to the regulatory information and recommendation allegedly constitutes a non-tariff barrier period, and asserted that grape imports submitted by the Committee and other contrary to the terms of WTO would be curtailed. Virtually all of the available information, it is hereby found Agreements and the U.S.-Chile Free commenters in opposition stated that that finalizing the interim final rule, Trade Agreement and assesses the imported grape industry would without change, as published in the inspection fees starting April 1 when no suffer negative economic impacts as a Federal Register (74 FR 3412, January domestic supplies are being so charged, result of such action. In addition, 21, 2009) will tend to effectuate the thereby allegedly violating Article III opposition commenters asserted that the declared policy of the Act. Pursuant to and Article VIII of GATT 1994. These action violated previous rulemaking 5 U.S.C. 553, it is also found and comments were addressed in the findings, that the action contravenes determined that good cause exists for interim final rule. departmental policy determinations not postponing the effective date of this dating back to 1982, and that the action action until 30 days after publication in Interim Final Rule constituted a breach of various trade the Federal Register because: (1) The The interim final rule was published agreements entered into by the U.S. immediate implementation of this rule in the Federal Register on January 21, Government. is necessary for importers to make 2009. This rule revised the regulatory USDA disagrees with the contentions marketing decisions and to contract in period when minimum grade, size, raised in the opposition comments. advance for shipping; (2) handlers and quality, and maturity requirements Further, USDA believes that this importers are aware of this rule; (3) an apply to southeastern California grapes rulemaking action fully adheres to the interim final rule was published in the under the order and to imported grapes requirements of the Act to take such Federal Register on January 21, 2009 under the table grape import action. USDA has sought to collect, (74 FR 3412); and (4) the interim final regulations, from April 20 through present, analyze, and consider evidence rule is finalized without change. that is both current and relevant, as is August 15 of each year to April 10 List of Subjects through July 10 of each year. The action required by the Act. The proposed rule, also clarified the maturity requirement the reopening of the comment period to 7 CFR Part 925 for southeastern California and present updated statistical data, and the Grapes, Marketing agreements, imported Flame Seedless variety grapes. interim final rule presented appropriate Reporting and recordkeeping statistical justification for this action A 60-day comment period was provided requirements. and are in compliance with the to allow interested persons to respond governing statures. In addition, USDA 7 CFR Part 944 to the interim final rule. rejects the opposition commenters’ Avocados, Food grades and standards, Five comments were received during contention that any statutory or the comment period—one in support of Grapefruit, Grapes, Imports, Kiwifruit, procedural errors were committed Limes, Olives, Oranges. the action and four in opposition. The during the course of this rulemaking one comment in support of the action process. USDA believes that all statutes, PART 925—GRAPES GROWN IN A was received from an organization policies, and procedures of the federal DESIGNATED AREA OF representing domestic grape producers. government have been strictly adhered SOUTHEASTERN CALIFORNIA The commenter agreed with the to. determinations made by USDA and was Likewise, USDA believes that this ■ Accordingly, the interim final rule in full support of finalization of the action is not contrary to any previous amending 7 CFR part 925 which was interim final rule. actions, decision, agreements, or treaties published at 74 FR 3412 on January 21, Four comments were received in binding on the U.S. Government. 2009, is adopted as a final rule without opposition to the action taken in the Accordingly, no changes will be made change. interim final rule. The opposition in the finalization of the interim final comments were received from a rule. PART 944—FRUITS; IMPORT domestic consumer, a grape importer, a Finally, one opposition commenter REGULATIONS domestic maritime trade association, raised concern regarding the issue of ■ Accordingly, the interim final rule and a foreign association of importers. grape varieties subject to exemption amending 7 CFR part 944 which was Except for the domestic consumer who under the marketing order regulations. published at 74 FR 3412 on January 21, objected to marketing orders in general, However, the issue of exempt varieties 2009, is adopted as a final rule without including the grape marketing order, the requires separate review and change. opposition comments were received consideration. from persons who had commented A small business guide on complying Dated: February 2, 2010. previously concerning the proposed with fruit, vegetable, and specialty crop Rayne Pegg, rule. These commenters raised issues marketing agreements and orders may Administrator, Agricultural Marketing that were the same or substantially the be viewed at: http://www.ams.usda.gov/ Service. same as those raised in their earlier AMSv1.0/ams.fetchTemplate [FR Doc. 2010–2542 Filed 2–4–10; 8:45 am] comments on the proposed rule. Data.do?template=TemplateN&page= BILLING CODE P

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DEPARTMENT OF HEALTH AND notice is given that no objections or FDA finds that the effective date of the HUMAN SERVICES requests for a hearing were filed in final rule that published in the Federal response to the November 16, 2009, Register of November 5, 2009, should be Food and Drug Administration final rule. Accordingly, the amendments confirmed. issued thereby became effective List of Subjects in 21 CFR Part 73 21 CFR Part 73 December 17, 2009. Color additives, Cosmetics, Drugs, [Docket No. FDA–2007–C–0456] (formerly Dated: January 22, 2010. Medical devices. Docket No. 2007C–0245) Mitchell A. Cheeseman, ■ Therefore, under the Federal Food, Acting Director, Office of Food Additive Listing of Color Additives Exempt Safety, Center for Food Safety and Applied Drug, and Cosmetic Act (21 U.S.C. 321, From Certification; Paracoccus Nutrition. 341, 342, 343, 348, 351, 352, 355, 361, Pigment; Confirmation of Effective [FR Doc. 2010–2521 Filed 2–4–10; 8:45 am] 362, 371, 379e) and under authority Date delegated to the Commissioner of Food BILLING CODE 4160–01–S and Drugs, and redelegated to the AGENCY: Food and Drug Administration, Director, Office of Food Additive Safety, HHS. DEPARTMENT OF HEALTH AND notice is given that no objections or ACTION: Final rule; confirmation of HUMAN SERVICES requests for a hearing were filed in effective date. response to the November 5, 2009, final rule. Accordingly, the amendments SUMMARY: The Food and Drug Food and Drug Administration issued thereby became effective Administration (FDA) is confirming the December 8, 2009. effective date of December 17, 2009, for 21 CFR Part 73 the final rule that appeared in the [Docket No. FDA–2007–C–0044] (formerly Dated: January 22, 2010. Federal Register of November 16, 2009. Docket No. 2007C–0474) Mitchell A. Cheeseman, The final rule amended the color Acting Director, Office of Food Additive additive regulations to provide for the Listing of Color Additives Exempt Safety, Center for Food Safety and Applied safe use of paracoccus pigment as a From Certification; Astaxanthin Nutrition. color additive in the feed of salmonid Dimethyldisuccinate; Confirmation of [FR Doc. 2010–2522 Filed 2–4–10; 8:45 am] fish to enhance the color of their flesh. Effective Date BILLING CODE 4160–01–S DATES: The effective date for the final AGENCY: Food and Drug Administration, rule that published in the Federal HHS. Register on November 16, 2009 (74 FR DEPARTMENT OF HEALTH AND ACTION: Final rule; confirmation of HUMAN SERVICES 58843) is confirmed as December 17, effective date. 2009. Food and Drug Administration FOR FURTHER INFORMATION CONTACT: SUMMARY: The Food and Drug Mical E. Honigfort, Center for Food Administration (FDA) is confirming the 21 CFR Part 558 Safety and Applied Nutrition (HFS– effective date of December 8, 2009, for [Docket No. FDA–2010–N–0002] 265), Food and Drug Administration, the final rule that appeared in the Federal Register of November 5, 2009. 5100 Paint Branch Pkwy., College Park, New Animal Drugs for Use in Animal MD 20740–3835, 301–436–1278. The final rule amended the color additive regulations to provide for the Feeds; Ractopamine; Monensin SUPPLEMENTARY INFORMATION: In the safe use of astaxanthin Federal Register of November 16, 2009 AGENCY: Food and Drug Administration, dimethyldisuccinate as a color additive (74 FR 58843), FDA amended the color HHS. in the feed of salmonid fish to enhance additive regulations to add 21 CFR ACTION: Final rule. the color of their flesh. 73.352 to provide for the safe use of SUMMARY: paracoccus pigment as a color additive DATES: The effective date for the final The Food and Drug in the feed of salmonid fish to enhance rule published in the Federal Register Administration (FDA) is amending the the color of their flesh. of November 5, 2009 (74 FR 57248) is animal drug regulations to reflect FDA gave interested persons until confirmed as December 8, 2009. approval of an original new animal drug December 16, 2009, to file objections or FOR FURTHER INFORMATION CONTACT: application (NADA) filed by Elanco requests for a hearing. The agency Felicia M. Ellison, Center for Food Animal Health, A Division of Eli Lilly received no objections or requests for a Safety and Applied Nutrition (HFS– & Co. The NADA provides for use of hearing on the final rule. Therefore, 265), Food and Drug Administration, single-ingredient Type A medicated FDA finds that the effective date of the 5100 Paint Branch Pkwy., College Park, articles containing ractopamine final rule that published in the Federal MD 20740–3835, 301–436–1264. hydrochloride and monensin to formulate two-way combination Type C Register of November 16, 2009, should SUPPLEMENTARY INFORMATION: In the medicated feeds for finishing hen and be confirmed. Federal Register of November 5, 2009 tom turkeys. List of Subjects in 21 CFR Part 73 (74 FR 57248), FDA amended the color additive regulations to add § 73.37 (21 DATES: This rule is effective February 5, Color additives, Cosmetics, Drugs, CFR 73.37) to provide for the safe use 2010. Medical devices. of astaxanthin dimethyldisuccinate as a FOR FURTHER INFORMATION CONTACT: ■ Therefore, under the Federal Food, color additive in the feed of salmonid Linda M. Wilmot, Center for Veterinary Drug, and Cosmetic Act (21 U.S.C. 321, fish to enhance the color of their flesh. Medicine (HFV–120), Food and Drug 341, 342, 343, 348, 351, 352, 355, 361, FDA gave interested persons until Administration, 7500 Standish Pl., 362, 371, 379e) and under authority December 7, 2009, to file objections or Rockville, MD 20855, 240–276–8101, e- delegated to the Commissioner of Food requests for a hearing. The agency mail: [email protected]. and Drugs, and redelegated to the received no objections or requests for a SUPPLEMENTARY INFORMATION: Elanco Director, Office of Food Additive Safety, hearing on the final rule. Therefore, Animal Health, A Division of Eli Lilly

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& Co., Lilly Corporate Center, 1061, Rockville, MD 20852, between 9 ■ Therefore, under the Federal Food, Indianapolis, IN 46285, filed NADA a.m. and 4 p.m., Monday through Drug, and Cosmetic Act and under the 141–301 for use of TOPMAX Friday. authority delegated to the Commissioner (ractopamine hydrochloride) and The agency has determined under 21 of Food and Drugs and redelegated to COBAN (monensin, USP) single- CFR 25.33 that this action is of a type the Center for Veterinary Medicine, 21 ingredient Type A medicated articles to that does not individually or CFR part 558 is amended as follows: formulate two-way combination Type C cumulatively have a significant effect on medicated feeds for finishing hen and PART 558—NEW ANIMAL DRUGS FOR the human environment. Therefore, USE IN ANIMAL FEEDS tom turkeys. The NADA is approved as neither an environmental assessment of December 11, 2009, and the nor an environmental impact statement ■ 1. The authority citation for 21 CFR regulations in 21 CFR 558.500 are is required. amended to reflect the approval. part 558 continues to read as follows: In accordance with the freedom of This rule does not meet the definition Authority: 21 U.S.C. 360b, 371. of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because information provisions of 21 CFR part ■ 2. In § 558.500, add paragraphs it is a rule of ‘‘particular applicability.’’ 20 and 21 CFR 514.11(e)(2)(ii), a (e)(3)(iii) and (e)(3)(iv) to read as Therefore, it is not subject to the summary of safety and effectiveness follows: data and information submitted to congressional review requirements in 5 support approval of this application U.S.C. 801–808. § 558.500 Ractopamine. may be seen in the Division of Dockets List of Subjects in 21 CFR Part 558 * * * * * Management (HFA–305), Food and Drug (e) * * * Administration, 5630 Fishers Lane, rm. Animal drugs, Animal feeds. (3) * * *

Ractopamine in Combination in grams/ton grams/ton Indications for use Limitations Sponsor

*******

(iii) 4.6 to 11.8 (5 to 13 Monensin 54 to 90 Finishing hen turkeys: As in para- Feed continuously as sole ration dur- 000986 ppm) graph (e)(3)(i) of this section; and ing the last 7 to 14 days prior to for the prevention of coccidiosis in slaughter. See § 558.355(d). growing turkeys caused by Eimeria adenoeides, E. meleagrimitis and E. gallopavonis.

(iv) 4.6 to 11.8 (5 to 13 Monensin 54 to 90 Finishing tom turkeys: As in para- Feed continuously as sole ration dur- 000986 ppm) graph (e)(3)(ii) of this section; and ing the last 14 days prior to slaugh- for the prevention of coccidiosis in ter. Feeding ractopamine to tom growing turkeys caused by Eimeria turkeys during periods of excessive adenoeides, E. meleagrimitis and heat can result in increased mor- E. gallopavonis. tality. See § 558.355(d).

Dated: February 1, 2010. certain classes of statements by HUD number via TTY by calling the toll-free Bernadette Dunham, relating to manufactured housing Federal Information Relay Service at Director, Center for Veterinary Medicine. requirements are subject to proposal, 1–800–877–8339. [FR Doc. 2010–2427 Filed 2–4–10; 8:45 am] review, and comment processes SUPPLEMENTARY INFORMATION: BILLING CODE 4160–01–S involving a consensus committee. The consensus committee includes I. Background representatives of manufactured The National Manufactured Housing DEPARTMENT OF HOUSING AND housing producers and users, as well as Construction and Safety Standards Act URBAN DEVELOPMENT general interest and public officials. of 1974 (42 U.S.C. 5401–5426) (‘‘the This rule interprets the statutory Act’’), as amended by the Manufactured 24 CFR Parts 3280 and 3282 requirement to clarify the types of Housing Improvement Act of 2000 (Title statements that are subject to the VI, Pub. L. 106–659), provides for the [Docket No. FR–5343–IN–01] proposal, review, and comment establishment and revision of Federal RIN 2502–AI77 processes. construction and safety standards for manufactured housing, as well as for DATES: Federal Manufactured Home Effective Date: February 5, 2010. procedural and enforcement regulations Construction and Safety Standards FOR FURTHER INFORMATION CONTACT: and interpretive bulletins related to and Other Orders: HUD Statements William W. Matchneer III, Associate implementation of these standards. That Are Subject to Consensus Deputy Assistant Secretary for Section 604(a) of the Act provides, Committee Processes Regulatory Affairs and Manufactured among other things, the process for the AGENCY: Office of the Assistant Housing, Office of Manufactured development, proposal, and issuance of Secretary for Housing—Federal Housing Housing Programs, Department of revisions of Federal construction and Commissioner, HUD. Housing and Urban Development, 451 safety standards, which govern the ACTION: Interpretive rule. Seventh Street, SW., Room 9164, construction, design, and performance Washington, DC 20410; telephone of a manufactured home. Section 604(a) SUMMARY: The National Manufactured number 202–708–6401 (this is not a toll- establishes a consensus committee, Housing Construction and Safety free number). Persons with hearing or which is comprised of representatives of Standards Act of 1974 provides that speech impairments may access this manufactured housing producers and

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users, as well as general interest and regulations and interpretive bulletins. II. This Interpretive Rule public officials. Section 604(a)(3)(A) Interpretive bulletins clarify the This rule interprets the scope of provides that the consensus committee meaning of Federal manufactured home section 604(b)(6) to clarify the types of shall: construction and safety standards, statements by HUD to which the section (i) Provide periodic recommendations procedural regulations, and enforcement applies. HUD notes that in specifying to the Secretary to adopt, revise, and regulations. Before HUD issues a which statements ‘‘relating to interpret the Federal manufactured procedural regulation, enforcement construction and safety standards, housing construction and safety regulation, or interpretive bulletin, it regulations, inspections, monitoring, or standards in accordance with this must submit its proposed regulation or other enforcement activities’’ are subject subsection; interpretive bulletin to the consensus to section 604(a) or (b), section 604(b)(6) (ii) Provide periodic committee for review and comment. recommendations to the Secretary to uses language that is nearly identical to HUD may accept or reject any consensus adopt, revise, and interpret the that found in the Administrative committee comments, but upon doing procedural and enforcement regulations, Procedure Act’s (5 U.S.C. 551 et seq.) so, it must publish for public notice and including regulations specifying the (the APA) definition of a ‘‘rule.’’ The permissible scope and conduct of comment the proposed regulation or APA definition states, in pertinent part: monitoring in accordance with interpretive bulletin, along with the ‘‘Rule’’ means the whole or a part of an subsection (b) of this section; consensus committee’s comments and agency statement of general or particular (iii) Be organized and carry out its HUD’s responses to the consensus applicability and future effect designed to business in a manner that guarantees a committee’s comments. The consensus implement, interpret, or prescribe law or fair opportunity for the expression and committee may also submit its own policy or describing the organization, proposed procedural regulations, procedure, or practice requirements of an consideration of various positions and agency.’’ (5 U.S.C. 551(4)) for public participation; and enforcement regulations, and (iv) Be deemed to be an advisory interpretive bulletins to HUD. Upon Over the 63 years since enactment of committee not composed of Federal receiving such a proposal from the the APA, courts have developed employees. HUD has by regulation consensus committee, HUD must either extensive case law interpreting the expanded the role of the consensus approve the proposal and publish it for APA’s definition of a rule. (See, e.g., committee beyond that required under public notice and comment, or reject the Jeffery S. Lubbers, A Guide to Federal the Act. Although the Act provided that proposal and publish it along with its Agency Rulemaking, 4th ed., (2006), pp. the consensus committee was to reasons for the rejection and any 49–126.) HUD will not attempt to develop the original proposed model recommended modifications. summarize this case law in this installation standards for manufactured interpretive rule, but views section Section 604(b)(6) of the Act is entitled housing, HUD has provided in 24 CFR 604(b)(6) as demonstrating Congress’s ‘‘Changes’’ and reads in its entirety as 3285.1(c) that whenever HUD proposes intent to incorporate the APA’s to revise the model installation follows: definition of a rule as developed by the standards, it will also seek input and Any statement of policies, practices, or courts, except to the extent that section comment from the consensus procedures relating to construction and 604(b)(6) deviates substantively from committee. Similarly, HUD has safety standards, regulations, inspections, the APA definition. HUD notes that the provided in 24 CFR 3288.305 that it will monitoring, or other enforcement activities only substantive difference between the seek input from the consensus that constitutes a statement of general or scope of section 604(b)(6) and the APA’s committee whenever it proposes to particular applicability to implement, definition of a rule is that section revise the manufactured housing interpret, or prescribe law or policy by the 604(b)(6) excludes from coverage dispute resolution regulations. Secretary is subject to [section 604(a)] or this statements describing agency In accordance with section 604(a) of [section 604(b)]. Any change adopted in organization. Although section 604(b)(6) the Act, the consensus committee may violation of [section 604(a)] or this [section does not repeat the APA definition’s submit to HUD proposals to revise the 604(b)] is void. express provision that the statement be Federal construction and safety one ‘‘of future effect,’’ HUD does not standards, and HUD may either publish Some questions have arisen within interpret this difference as a substantive recommended standards for notice and the consensus committee over what one, since virtually any statement that public comment, or publish a standard statements by HUD fall within the scope ‘‘implements, interprets, or prescribes along with its reasons for rejecting the of section 604(b)(6). For example, some law or policy’’ is necessarily a statement standard. Upon consideration of any have asserted that the consensus of future effect. Finally, the scope of public comments, the consensus committee has broad jurisdiction and section 604(b)(6) is limited by its own committee must provide HUD with any authority over all aspects of HUD’s terms to statements relating to proposed revised standards, which HUD manufactured housing program, such manufactured housing ‘‘construction must in turn publish with either a that HUD’s internal budgets, contract and safety standards, regulations, description of the circumstances under decisions, and determinations whether inspections, monitoring, or other which the proposed revised standard to take enforcement action must be enforcement activities’’ that amount to a could become effective or, alternatively, made or approved in advance by the ‘‘change.’’ Statements relating to other HUD’s reasons for rejecting the consensus committee. HUD is matters, including interpretation of proposed revised standard. HUD must concerned that such assertions may lead other matters covered by the Act, then adopt, modify, or reject any to confusion among members of the statements that merely summarize or proposed standards through procedures public, which is routinely invited to repeat the substance of prior statements and within the time frames specified in attend consensus committee meetings, or practices, and statements that merely subsection 604(a). with regard to the consensus provide guidance, are beyond the scope Section 604(b) of the Act provides, committee’s role. Accordingly, HUD is of section 604(b)(6). among other things, the process for issuing this interpretive rule to clarify Accordingly, HUD interprets the issuance of ‘‘other orders,’’ which the scope of section 604(b)(6)’s scope of section 604(b)(6) to include consist of procedural and enforcement coverage. only statements by HUD that:

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(1) Relate to manufactured housing insurance has been authorized under In addition, FEMA has identified the construction and safety standards, the National Flood Insurance Program Special Flood Hazard Areas (SFHAs) in regulations, inspections, monitoring, or (NFIP), that are scheduled for these communities by publishing a other enforcement activities; suspension on the effective dates listed Flood Insurance Rate Map (FIRM). The (2) Meet the definition of a ‘‘rule’’ within this rule because of date of the FIRM, if one has been under the APA and applicable case law, noncompliance with the floodplain published, is indicated in the fourth except that statements describing management requirements of the column of the table. No direct Federal agency organization are not included; program. If the Federal Emergency financial assistance (except assistance and Management Agency (FEMA) receives pursuant to the Robert T. Stafford (3) Constitute a change from prior documentation that the community has Disaster Relief and Emergency HUD statements or practice on the same adopted the required floodplain Assistance Act not in connection with a subject matter. management measures prior to the flood) may legally be provided for III. Findings and Certifications effective suspension date given in this construction or acquisition of buildings rule, the suspension will not occur and in identified SFHAs for communities Environmental Impact a notice of this will be provided by not participating in the NFIP and This final rule does not direct, publication in the Federal Register on a identified for more than a year, on provide for assistance or loan and subsequent date. FEMA’s initial flood insurance map of mortgage insurance for, or otherwise DATES: Effective Dates: The effective the community as having flood-prone govern or regulate real property date of each community’s scheduled areas (section 202(a) of the Flood acquisition, disposition, leasing, suspension is the third date (‘‘Susp.’’) Disaster Protection Act of 1973, 42 rehabilitation, alteration, demolition, or listed in the third column of the U.S.C. 4106(a), as amended). This new construction; or establish, revise, or following tables. prohibition against certain types of provide for standards for construction or Federal assistance becomes effective for construction materials, manufactured FOR FURTHER INFORMATION CONTACT: If the communities listed on the date housing, or occupancy. Accordingly, you want to determine whether a shown in the last column. The under 24 CFR 50.19(c)(1), this rule is particular community was suspended Administrator finds that notice and categorically excluded from on the suspension date or for further public comment under 5 U.S.C. 553(b) environmental review under the information, contact David Stearrett, are impracticable and unnecessary National Environmental Policy Act of Mitigation Directorate, Federal because communities listed in this final 1969 (42 U.S.C. 4321). Emergency Management Agency, 500 C rule have been adequately notified. Street, SW., Washington, DC 20472, Each community receives 6-month, List of Subjects (202) 646–2953. 90-day, and 30-day notification letters 24 CFR Part 3280 SUPPLEMENTARY INFORMATION: The NFIP addressed to the Chief Executive Officer Fire prevention, Housing standards. enables property owners to purchase stating that the community will be flood insurance which is generally not suspended unless the required 24 CFR Part 3282 otherwise available. In return, floodplain management measures are Administrative practice and communities agree to adopt and met prior to the effective suspension procedure, Consumer protection, administer local floodplain management date. Since these notifications were Intergovernmental relations, aimed at protecting lives and new made, this final rule may take effect Investigations, Manufactured homes, construction from future flooding. within less than 30 days. Reporting and recordkeeping Section 1315 of the National Flood National Environmental Policy Act. requirements. Insurance Act of 1968, as amended, 42 This rule is categorically excluded from the requirements of 44 CFR part 10, Dated: January 27, 2010. U.S.C. 4022, prohibits flood insurance coverage as authorized under the NFIP, Environmental Considerations. No David H. Stevens, 42 U.S.C. 4001 et seq.; unless an environmental impact assessment has Assistant Secretary for Housing—Federal appropriate public body adopts been prepared. Housing Commissioner. adequate floodplain management Regulatory Flexibility Act. The [FR Doc. 2010–2571 Filed 2–4–10; 8:45 am] measures with effective enforcement Administrator has determined that this BILLING CODE 4210–67–P measures. The communities listed in rule is exempt from the requirements of this document no longer meet that the Regulatory Flexibility Act because statutory requirement for compliance the National Flood Insurance Act of DEPARTMENT OF HOMELAND with program regulations, 44 CFR part 1968, as amended, 42 U.S.C. 4022, SECURITY 59. Accordingly, the communities will prohibits flood insurance coverage be suspended on the effective date in unless an appropriate public body Federal Emergency Management the third column. As of that date, flood adopts adequate floodplain management Agency insurance will no longer be available in measures with effective enforcement the community. However, some of these measures. The communities listed no 44 CFR Part 64 communities may adopt and submit the longer comply with the statutory [Docket ID FEMA–2010–0003; Internal required documentation of legally requirements, and after the effective Agency Docket No. FEMA–8115] enforceable floodplain management date, flood insurance will no longer be measures after this rule is published but available in the communities unless Suspension of Community Eligibility prior to the actual suspension date. remedial action takes place. AGENCY: Federal Emergency These communities will not be Regulatory Classification. This final Management Agency, DHS. suspended and will continue their rule is not a significant regulatory action ACTION: Final rule. eligibility for the sale of insurance. A under the criteria of section 3(f) of notice withdrawing the suspension of Executive Order 12866 of September 30, SUMMARY: This rule identifies the communities will be published in 1993, Regulatory Planning and Review, communities, where the sale of flood the Federal Register. 58 FR 51735.

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Executive Order 13132, Federalism. Paperwork Reduction Act, 44 U.S.C. Authority: 42 U.S.C. 4001 et seq.; This rule involves no policies that have 3501 et seq. Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, federalism implications under Executive List of Subjects in 44 CFR Part 64 Order 13132. 3 CFR, 1979 Comp.; p. 376. Flood insurance, Floodplains. Executive Order 12988, Civil Justice ■ Accordingly, 44 CFR part 64 is § 64.6 [Amended] Reform. This rule meets the applicable amended as follows: standards of Executive Order 12988. ■ 2. The tables published under the authority of § 64.6 are amended as Paperwork Reduction Act. This rule PART 64—[AMENDED] follows: does not involve any collection of ■ 1. The authority citation for part 64 information for purposes of the continues to read as follows:

Date certain fed- Community Effective date authorization/cancellation of Current effective eral assistance State and location No. sale of flood insurance in community map date no longer avail- able in SFHAs

Region IV Alabama: Cherokee, City of, Colbert County ...... 010208 January 17, 1974, Emerg; September 28, Apr. 17, 2010 .... Apr. 17, 2010. 1979, Reg; February 17, 2010, Susp. Colbert County, Unincorporated Areas 010318 July 9, 1981, Emerg; July 9, 1981, Reg; ...... do* ...... Do. February 17, 2010, Susp. Dallas County, Unincorporated Areas... 010063 April 11, 1975, Emerg; September 29, ...... do ...... Do. 1986, Reg; February 17, 2010, Susp. Leighton, City of, Colbert County ...... 010046 January 17, 1974, Emerg; August 19, 1985, ...... do ...... Do. Reg; February 17, 2010, Susp. Littleville, Town of, Colbert County ...... 010330 October 25, 1977, Emerg; November 24, ...... do ...... Do. 1978, Reg; February 17, 2010, Susp. Muscle Shoals, City of, Colbert County 010047 January 30, 1974, Emerg; December 15, ...... do ...... Do. 1977, Reg; February 17, 2010, Susp. Selma, City of, Dallas County ...... 010065 May 7, 1974, Emerg; March 4, 1986, Reg; ...... do ...... Do. February 17, 2010, Susp. Sheffield, City of, Colbert County ...... 010048 January 10, 1974, Emerg; December 15, ...... do ...... Do. 1977, Reg; February 17, 2010, Susp. Tuscumbia, City of, Colbert County ...... 010049 November 27, 1973, Emerg; December 1, ...... do ...... Do. 1977, Reg; February 17, 2010, Susp. Valley Grande, City of, Dallas County .. 010312 N/A, Emerg; June 8, 2004, Reg; February ...... do ...... Do. 17, 2010, Susp. Kentucky: Clay City, City of, Powell County ...... 210195 March 22, 1976, Emerg; September 6, ...... do ...... Do. 1989, Reg; February 17, 2010, Susp. Powell County, Unincorporated Areas .. 210194 November 1, 1976, Emerg; September 27, ...... do ...... Do. 1985, Reg; February 17, 2010, Susp. Springfield, City of, Washington County 210220 June 4, 1975, Emerg; July 17, 1986, Reg; ...... do ...... Do. February 17, 2010, Susp. Stanton, City of, Powell County ...... 210196 July 7, 1975, Emerg; January 16, 1987, ...... do ...... Do. Reg; February 17, 2010, Susp. Mississippi: Oktibbeha County, Unincorporated 280277 April 23, 1979, Emerg; June 19, 1989, Reg; ...... do ...... Do. Areas. February 17, 2010, Susp. Starkville, City of, Oktibbeha County .... 280124 December 10, 1974, Emerg; February 18, ...... do ...... Do. 1981, Reg; February 17, 2010, Susp. Region V Michigan: Augusta, Village of, Kalamazoo County 260312 May 20, 1975, Emerg; March 15, 1982, ...... do ...... Do. Reg; February 17, 2010, Susp. Comstock, Township of, Kalamazoo 260427 January 18, 1977, Emerg; November 17, ...... do ...... Do. County. 1982, Reg; February 17, 2010, Susp. Cooper, Township of, Kalamazoo 260428 May 6, 1977, Emerg; September 28, 1979, ...... do ...... Do. County. Reg; February 17, 2010, Susp. Kalamazoo, City of, Kalamazoo County 260315 December 26, 1974, Emerg; May 1, 1985, ...... do ...... Do. Reg; February 17, 2010, Susp. Oshtemo, Charter Township of, Kala- 260736 May 12, 1983, Emerg; May 25, 1984, Reg; ...... do ...... Do. mazoo County. February 17, 2010, Susp. Portage, City of, Kalamazoo County ..... 260577 May 20, 1976, Emerg; May 16, 1983, Reg; ...... do ...... Do. February 17, 2010, Susp. Richland, Township of, Kalamazoo 260885 March 31, 1992, Emerg; May 19, 1992, ...... do ...... Do. County. Reg; February 17, 2010, Susp. Ross, Township of, Kalamazoo County 260624 July 24, 1975, Emerg; March 15, 1982, ...... do ...... Do. Reg; February 17, 2010, Susp. Vicksburg, Village of, Kalamazoo Coun- 260578 November 10, 1976, Emerg; July 2, 1987, ...... do ...... Do. ty. Reg; February 17, 2010, Susp. Ohio:

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Date certain fed- Community Effective date authorization/cancellation of Current effective eral assistance State and location No. sale of flood insurance in community map date no longer avail- able in SFHAs

Cincinnati, City of, Hamilton County ..... 390210 June 27, 1973, Emerg; October 15, 1982, ...... do ...... Do. Reg; February 17, 2010, Susp. Greenhills, Village of, Hamilton County 390219 May 6, 1975, Emerg; September 1, 1993, ...... do ...... Do. Reg; February 17, 2010, Susp. Milford, City of, Hamilton, Clermont 390227 April 15, 1975, Emerg; January 16, 1981, ...... do ...... Do. Counties. Reg; February 17, 2010, Susp. North Hampton, Village of, Clark Coun- 390679 July 3, 1978, Emerg; September 24, 1984, ...... do ...... Do. ty. Reg; February 17, 2010, Susp. Wisconsin: Biron, Village of, Wood County ...... 555545 April 2, 1971, Emerg; May 25, 1973, Reg; ...... do ...... Do. February 17, 2010, Susp. Marshfield, City of, Wood, Marathon 550515 February 18, 1975, Emerg; October 6, ...... do ...... Do. Counties. 2009, Reg; February 17, 2010, Susp. Nekoosa, City of, Wood County ...... 550516 May 16, 1975, Emerg; July 16, 1987, Reg; ...... do ...... Do. February 17, 2010, Susp. Pittsville, City of, Wood County...... 550517 March 10, 1975, Emerg; November 6, ...... do ...... Do. 1991, Reg; February 17, 2010, Susp. Port Edwards, Village of, Wood County 555572 July 2, 1971, Emerg; April 13, 1973, Reg; ...... do ...... Do. February 17, 2010, Susp. Region VI New Mexico: Gallup, City of, McKinley County ...... 350042 August 6, 1973, Emerg; March 1, 1978, ...... do ...... Do. Reg; February 17, 2010, Susp. McKinley County, Unincorporated Areas 350039 May 9, 2007, Emerg; N/A, Reg; February ...... do ...... Do. 17, 2010, Susp. Zuni, Pueblo of, McKinley, Cibola, 350143 December 21, 1978, Emerg; September 4, ...... do ...... Do. Catron Counties. 1987, Reg; February 17, 2010, Susp. Texas: Copperas Cove, City of, Coryell, Bell, 480155 July 3, 1975, Emerg; November 21, 1978, ...... do ...... Do. Lampasas Counties. Reg; February 17, 2010, Susp. Gatesville, City of, Coryell County ...... 480156 December 18, 1974, Emerg; September 30, ...... do ...... Do. 1981, Reg; February 17, 2010, Susp. McGregor, City of, Coryell County ...... 480459 April 7, 1975, Emerg; February 1, 1979, ...... do ...... Do. Reg; February 17, 2010, Susp. Oglesby, City of, Coryell County ...... 480769 February 5, 2001, Emerg; November 1, ...... do ...... Do. 2007, Reg; February 17, 2010, Susp. Region VIII Wyoming: Bear River, Town of, Uinta County ...... 560103 N/A, Emerg; October 12, 2001, Reg; Feb- ...... do ...... Do. ruary 17, 2010, Susp. Evanston, City of, Uinta County ...... 560054 March 23, 1977, Emerg; January 15, 1988, ...... do ...... Do. Reg; February 17, 2010, Susp. Mountain View, Town of, Uinta County 560092 August 25, 1977, Emerg; July 4, 1989, Reg; ...... do ...... Do. February 17, 2010, Susp. Uinta County, Unincorporated Areas .... 560053 January 2, 1976, Emerg; December 15, ...... do ...... Do. 1978, Reg; February 17, 2010, Susp. Region X Oregon: Douglas County, Unincorporated Areas 410059 December 3, 1971, Emerg; December 15, ...... do ...... Do. 1978, Reg; February 17, 2010, Susp. Drain, City of, Douglas County ...... 410061 August 1, 1975, Emerg; August 1, 1979, ...... do ...... Do. Reg; February 17, 2010, Susp. Elkton, City of, Douglas County ...... 410062 January 14, 1976, Emerg; September 5, ...... do ...... Do. 1979, Reg; February 17, 2010, Susp. Glendale, City of, Douglas County ...... 410063 February 18, 1975, Emerg; September 29, ...... do ...... Do. 1978, Reg; February 17, 2010, Susp. Myrtle Creek, City of, Douglas County .. 410064 January 14, 1972, Emerg; February 15, ...... do ...... Do. 1978, Reg; February 17, 2010, Susp. Oakland, City of, Douglas County ...... 410271 November 1, 1976, Emerg; June 19, 1985, ...... do ...... Do. Reg; February 17, 2010, Susp. Reedsport, City of, Douglas County ...... 410065 May 13, 1975, Emerg; April 3, 1984, Reg; ...... do ...... Do. February 17, 2010, Susp. Riddle, City of, Douglas County ...... 410066 July 22, 1975, Emerg; August 1, 1979, Reg; ...... do ...... Do. February 17, 2010, Susp. Roseburg, City of, Douglas County ...... 410067 December 23, 1971, Emerg; June 1, 1977, ...... do ...... Do. Reg; February 17, 2010, Susp. Sutherlin, City of, Douglas County ...... 410275 N/A, Emerg; May 21, 1997, Reg; February ...... do ...... Do. 17, 2010, Susp.

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Date certain fed- Community Effective date authorization/cancellation of Current effective eral assistance State and location No. sale of flood insurance in community map date no longer avail- able in SFHAs

Yoncalla, City of, Douglas County ...... 410069 July 21, 1975, Emerg; August 21, 1978, ...... do ...... Do. Reg; February 17, 2010, Susp. *do = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: January 27, 2010. regulations that contribute to protecting By law, no Federally regulated entity Sandra K. Knight, lives and reducing the risk of property may provide financial assistance for Deputy Assistant Administrator for damage from future flooding. Section acquisition or construction purposes for Mitigation, Department of Homeland 1315 of the National Flood Insurance property located in a SFHA unless the Security, Federal Emergency Management Act of 1968, as amended (42 U.S.C. community in which the property is Agency. 4022), prohibits flood insurance located is participating in the NFIP (42 [FR Doc. 2010–2487 Filed 2–4–10; 8:45 am] coverage authorized under the National U.S.C. 4106(a)). The prohibition against BILLING CODE 9110–12–P Flood Insurance Program (42 U.S.C. certain types of Federal disaster 4001–4128) unless an appropriate assistance also becomes effective for the public body adopts adequate floodplain City of Brentwood, Tennessee, on the DEPARTMENT OF HOMELAND management measures with effective date shown in the fourth column (42 SECURITY administration and enforcement U.S.C. 4106(b)). processes. The Administrator finds that notice Federal Emergency Management The community listed in this notice Agency and public comment procedure under 5 no longer complies with the NFIP U.S.C. 553(b) are impracticable and requirements set forth at 44 CFR part 59 44 CFR Part 64 unnecessary because the communities et seq. Under 44 CFR 59.24(d), a listed in this final rule have been [Docket ID FEMA–2010–0003; Internal community will be suspended from the adequately notified. FEMA addressed Agency Docket No. FEMA–8117] NFIP for failing to maintain adequate these notifications to the Chief floodplain management regulations. Executive Officer of the City of Suspension of Community Eligibility Accordingly, FEMA is suspending the Brentwood indicating that we will for Failure To Maintain Adequate City of Brentwood, Tennessee, (‘‘the suspend the City unless they take the Floodplain Management Regulations City’’) on the effective date in the fourth required corrective actions and remedial column of the table. As of that date, the AGENCY: Federal Emergency measures before the effective Management Agency, DHS. purchase of new flood insurance suspension date. Because we have made policies or the renewal of existing flood these notifications, this final rule may ACTION: Final rule. insurance policies under the NFIP will take effect within less than 30 days. SUMMARY: FEMA is suspending one no longer be available. National Environmental Policy Act. community because of its failure to FEMA will not suspend the City; This rule is categorically excluded from maintain floodplain management however, if the community submits the the requirements of 44 CFR part 10, regulations meeting minimum documentation required under 44 CFR Environmental Considerations. No requirements under the National Flood 59.24(d) to show that they have environmental impact assessment has Insurance Program (NFIP). If corrected the deficiencies in their flood been prepared. documentation is received from the damage prevention ordinance identified in previous letters to the community to Regulatory Flexibility Act. The community before the effective Administrator has determined that this suspension date, indicating they have the maximum extent possible. This documentation must be received by rule is exempt from the requirements of brought their floodplain management the Regulatory Flexibility Act because regulations into compliance with the FEMA before the actual suspension date. If the City successfully the National Flood Insurance Act of NFIP requirements, FEMA will 1968, as amended, 42 U.S.C. 4022, withdraw the suspension by publication demonstrates its compliance with NFIP regulations, FEMA will continue its prohibits flood insurance coverage in the Federal Register on a subsequent unless an appropriate public body date. eligibility for the sale of NFIP insurance. FEMA will then publish in the Federal adopts adequate floodplain management DATES: Effective Dates: The effective Register a notice withdrawing the measures with effective enforcement date of the community’s scheduled suspension of the community. In the measures. The communities listed no suspension is the date listed in the interim, if you wish to determine longer comply with the statutory fourth column of the following table. whether FEMA has suspended the City requirements, and after the effective FOR FURTHER INFORMATION CONTACT: on the suspension date, please contact date, flood insurance will no longer be David Stearrett, Mitigation Directorate, the FEMA Region IV office at (770) 220– available in the community unless 1800 South Bell Street, Arlington, VA 5414. Additional information may also remedial action takes place. 20598–3072, (202) 646–2953. be found at http://www.fema.gov/plan/ Regulatory Classification. This final SUPPLEMENTARY INFORMATION: The prevent/floodplain/nfipkeywords/ rule is not a significant regulatory action National Flood Insurance Program suspension.shtm. under the criteria of section 3(f) of (NFIP) enables property owners to FEMA identified the special flood Executive Order 12866 of September 30, purchase flood insurance that is hazard areas (SFHAs) in this community 1993, Regulatory Planning and Review, generally not otherwise available. In by publishing a Flood Insurance Rate 58 FR 51735. return, communities agree to adopt and Map. The effective date of this map is Executive Order 13132, Federalism. implement local floodplain management indicated in the last column of the table. This rule involves no policies that have

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federalism implications under Executive List of Subjects in 44 CFR Part 64 Authority: 42 U.S.C. 4001 et seq., Order 13132. Reorganization Plan No. 3 of 1978, 3 CFR, Executive Order 12988, Civil Justice Flood insurance, Floodplains. 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Reform. This rule meets the applicable ■ Accordingly, 44 CFR Part 64 is 3 CFR, 1979 Comp., p. 376. standards of Executive Order 12988. amended as follows: Paperwork Reduction Act. This rule § 64.6 [Amended] does not involve any collection of PART 64—[AMENDED] The tables published under the information for purposes of the authority of § 64.6 are amended as Paperwork Reduction Act, 44 U.S.C. ■ 1. The authority citation for Part 64 follows: 3501 et seq. continues to read as follows:

Date certain Federal assist- ance no longer available in Community special flood hazard area and State Location No. the sale of flood insurance no Current effective map date longer available in the com- munity

Region IV Tennessee ...... Brentwood, City of ...... 470205 February 17, 2010 ...... September 29, 2006.

(Catalog of Federal Domestic Assistance ADDRESSES: The final BFEs for each 10, Environmental Consideration. An No. 83.100, ‘‘Flood Insurance.’’) community are available for inspection environmental impact assessment has Dated: January 21, 2010. at the office of the Chief Executive not been prepared. Sandra K. Knight, Officer of each community. The Regulatory Flexibility Act. As flood Deputy Assistant Administrator for respective addresses are listed in the elevation determinations are not within Mitigation, Mitigation Directorate, Federal table below. the scope of the Regulatory Flexibility Emergency Management Agency, Department FOR FURTHER INFORMATION CONTACT: Act, 5 U.S.C. 601–612, a regulatory of Homeland Security. Kevin C. Long, Acting Chief, flexibility analysis is not required. [FR Doc. 2010–2479 Filed 2–4–10; 8:45 am] Engineering Management Branch, Regulatory Classification. This final BILLING CODE 9110–12–P Mitigation Directorate, Federal rule is not a significant regulatory action Emergency Management Agency, 500 C under the criteria of section 3(f) of Street, SW., Washington, DC 20472, Executive Order 12866 of September 30, DEPARTMENT OF HOMELAND (202) 646–2820, or (e-mail) 1993, Regulatory Planning and Review, SECURITY [email protected]. 58 FR 51735. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Executive Order 13132, Federalism. Federal Emergency Management Agency Agency This final rule involves no policies that (FEMA) makes the final determinations have federalism implications under listed below for the modified BFEs for 44 CFR Part 67 Executive Order 13132. each community listed. These modified [Docket ID FEMA–2010–0003] elevations have been published in Executive Order 12988, Civil Justice Reform. This final rule meets the Final Flood Elevation Determinations newspapers of local circulation and ninety (90) days have elapsed since that applicable standards of Executive Order AGENCY: Federal Emergency publication. The Assistant 12988. Management Agency, DHS. Administrator for Mitigation has List of Subjects in 44 CFR Part 67 ACTION: Final rule. resolved any appeals resulting from this notification. Administrative practice and SUMMARY: Base (1% annual-chance) This final rule is issued in accordance procedure, Flood insurance, Reporting Flood Elevations (BFEs) and modified with section 110 of the Flood Disaster and recordkeeping requirements. BFEs are made final for the Protection Act of 1973, 42 U.S.C. 4104, ■ communities listed below. The BFEs and 44 CFR part 67. FEMA has Accordingly, 44 CFR part 67 is and modified BFEs are the basis for the developed criteria for floodplain amended as follows: floodplain management measures that management in floodprone areas in PART 67—[AMENDED] each community is required either to accordance with 44 CFR part 60. adopt or to show evidence of being Interested lessees and owners of real ■ 1. The authority citation for part 67 already in effect in order to qualify or property are encouraged to review the continues to read as follows: remain qualified for participation in the proof Flood Insurance Study and FIRM National Flood Insurance Program available at the address cited below for Authority: 42 U.S.C. 4001 et seq.; (NFIP). each community. The BFEs and Reorganization Plan No. 3 of 1978, 3 CFR, DATES: The date of issuance of the Flood modified BFEs are made final in the 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Insurance Rate Map (FIRM) showing communities listed below. Elevations at 3 CFR, 1979 Comp., p. 376. BFEs and modified BFEs for each selected locations in each community § 67.11 [Amended] community. This date may be obtained are shown. by contacting the office where the maps National Environmental Policy Act. ■ 2. The tables published under the are available for inspection as indicated This final rule is categorically excluded authority of § 67.11 are amended as in the table below. from the requirements of 44 CFR part follows:

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

Colbert County, Alabama, and Incorporated Areas Docket No.: FEMA–B–1010

Pond Creek ...... At Wilson Dam Highway ...... +514 City of Muscle Shoals, Unin- corporated Areas of Colbert County. 0.5 mile downstream of Pepi Drive ...... +515 Sink Hole 10 ...... South of 6th Street, between Elledge Lane and Industrial +493 City of Muscle Shoals. Drive. Sink Hole 10A ...... At Oak Villa Drive, approximately 550 feet west of Elledge +494 City of Muscle Shoals. Lane. Sink Hole 10B ...... Bordered by Oak Villa Lane to the south, Oak Villa Drive +494 City of Muscle Shoals. to the east, and Cypress Street to the north. Sink Hole 11 ...... North of 6th Street, between Laurel Oak Drive and Brooke +498 City of Muscle Shoals. Drive. Tennessee River ...... At the U.S. 72 crossing ...... +431 Unincorporated Areas of Colbert County. At the border between Lauderdale, Colbert, and Lawrence +509 Counties.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Muscle Shoals Maps are available for inspection at 2010 East Avalon Avenue, Muscle Shoals, AL 35662. Unincorporated Areas of Colbert County Maps are available for inspection at 201 North Main Street, Tuscumbia, AL 35674.

Powell County, Kentucky, and Incorporated Areas Docket No.: FEMA–B–1025

Red River (at City of Stanton) .. Approximately 800 feet downstream of Judy Creek ...... +641 Unincorporated Areas of Powell County. Approximately 5,400 feet upstream of Hatcher Creek ...... +651 Red River (at Clay City) ...... Approximately 3,900 feet downstream of Bert T. Combs +623 Unincorporated Areas of Mountain Parkway. Powell County. Approximately 5,800 feet downstream of Hatton Creek ..... +632

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Unincorporated Areas of Powell County Maps are available for inspection at 525 Washington Street, Stanton, KY 40380.

Kalamazoo County, Michigan (All Jurisdictions) Docket No.: FEMA–B–7749

Flowerfield Creek ...... Approximately 0.6 mile downstream of West YZ Avenue .. +843 Township of Prairie Ronde. Approximately 25 feet upstream of 22nd Street ...... +890 Flowerfield Creek East Tribu- Confluence with Flowerfield Creek ...... +858 Township of Prairie Ronde. tary. Approximately 100 feet upstream of West W Avenue ...... +878 Flowerfield Creek West Tribu- Confluence with Flowerfield Creek ...... +873 Township of Prairie Ronde. tary. Approximately 100 feet upstream of West W Avenue ...... +886 Gourdneck Lake ...... Entire shoreline ...... +853 Township of Schoolcraft. Grass Lake ...... Entire shoreline ...... +879 Township of Richland. Gull Lake ...... Entire shoreline ...... +882 Township of Richland, Town- ship of Ross. Kalamazoo River ...... Approximately 75 feet from the upstream side of South +779 City of Galesburg. 35th Street. Approximately 150 feet upstream of Climax Drive ...... +786

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

Kalamazoo River ...... Approximately 600 feet east of the intersection of West G +755 City of Parchment. Avenue and North Pitcher Street, at the City of Parch- ment/Charter Township of Cooper corporate limits. Approximately 25 feet downstream of East Mosel Avenue +759 Little Sugarloaf Lake ...... Entire shoreline ...... +860 City of Portage, Township of Schoolcraft. Spring Creek ...... Approximately 0.9 mile downstream of South 15th Street +834 Township of Schoolcraft. Approximately 400 feet upstream of South 14th Street ..... +855 Sugarloaf (Lower) Lake ...... Entire shoreline ...... +859 Township of Schoolcraft. Sugarloaf (Upper) Lake ...... Entire shoreline ...... +861 Township of Schoolcraft. Weeds Lake ...... Entire shoreline ...... +882 Charter Township of Texas.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Charter Township of Texas Maps are available for inspection at 7110 West Q Avenue, Kalamazoo, MI 49009. City of Galesburg Maps are available for inspection at 200 East Michigan Avenue, Galesburg≤ City of Parchment Maps are available for inspection at 650 South Riverview Drive, Parchment, MI 49004. City of Portage Maps are available for inspection at 7900 South Westnedge Avenue, Portage, MI 49002. Township of Prairie Ronde Maps are available for inspection at 8140 West W Avenue, Schoolcraft, MI 49087. Township of Richland Maps are available for inspection at 7401 North 32nd Street, Richland, MI 49083. Township of Ross Maps are available for inspection at 12086 East M–89, Richland, MI 49083. Township of Schoolcraft Maps are available for inspection at 50 East VW Avenue, Vicksburg, MI 49097.

McKinley County, New Mexico, and Incorporated Areas Docket No.: FEMA–B–1017

Little Puerco Wash ...... Approximately 211 feet upstream of the intersection of +6543 City of Gallup, Unincor- Mesa Avenue and Little Puerco Wash. porated Areas of McKinley County. Approximately 3,696 feet upstream of the intersection of +6606 Mesa Avenue and Little Puerco Wash. Puerco River ...... Approximately 2,904 feet upstream of the intersection of +6469 City of Gallup, Unincor- Interstate 40 and State Highway 66. porated Areas of McKinley County. Approximately 1,320 feet upstream of the intersection of +6523 Ford Drive and the Puerco River. Zuni River ...... Approximately 5,700 feet upstream from Indian Service +6259 Pueblo of Zuni. Route 40. Approximately 5,016 feet downstream of the Black Rock +6327 Lake Reservoir Dam.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Gallup Maps are available for inspection at 110 West Aztec Avenue, Gallup, NM 87301. Unincorporated Areas of McKinley County Maps are available for inspection at the Office of the County Manager, 207 West Hill Avenue, Gallup, NM 87301. Pueblo of Zuni Maps are available for inspection at the Tribal Court, 1203B State Highway 53, Zuni, NM 87327.

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

Clark County, Ohio, and Incorporated Areas Docket No.: FEMA–B–1018

Chapman Creek ...... 3,300 feet upstream from the confluence with the Mad +950 Unincorporated Areas of River. Clark County. 5,200 feet upstream from the confluence with the Mad +959 River.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Unincorporated Areas of Clark County Maps are available for inspection at the Government Center, 3130 East Main Street, Springfield, OH 45505.

Hamilton County, Ohio, and Incorporated Areas Docket No.: FEMA–B–1012

Little Miami River ...... 65 feet upstream of the Norfolk and Western railroad +501 Unincorporated Areas of crossing. Hamilton County, Village of Fairfax, Village of Mariemont. 665 feet downstream of Harvard Street in the Village of +501 Mariemont.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Unincorporated Areas of Hamilton County Maps are available for inspection at the County Department of Public Works, 138 East Court Street, Room 800, Cincinnati, OH 45202. Village of Fairfax Maps are available for inspection at the Municipal Building, 5902 Hawhorn Avenue, Fairfax, OH 45227. Village of Mariemont Maps are available for inspection at the Municipal Building, 6907 Wooster Pike, Mariemont, OH 45227.

(Catalog of Federal Domestic Assistance No. 97.022, ‘‘Flood Insurance.’’) Sandra K. Knight, Deputy Assistant Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2010–2477 Filed 2–4–10; 8:45 am] BILLING CODE 9110–12–P

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Proposed Rules Federal Register Vol. 75, No. 24

Friday, February 5, 2010

This section of the FEDERAL REGISTER public inspection in the Office of the the order is not in accordance with law contains notices to the public of the proposed Docket Clerk during regular business and request a modification of the order issuance of rules and regulations. The hours, or can be viewed at: http:// or to be exempted therefrom. A handler purpose of these notices is to give interested www.regulations.gov. All comments is afforded the opportunity for a hearing persons an opportunity to participate in the submitted in response to this rule will on the petition. After the hearing, USDA rule making prior to the adoption of the final rules. be included in the record and will be would rule on the petition. The Act made available to the public. Please be provides that the district court of the advised that the identity of the United States in any district in which DEPARTMENT OF AGRICULTURE individuals or entities submitting the the handler is an inhabitant, or has his comments will be made public on the or her principal place of business, has Agricultural Marketing Service Internet at the address provided above. jurisdiction to review USDA’s ruling on FOR FURTHER INFORMATION CONTACT: the petition, provided an action is filed 7 CFR Part 929 Patricia A. Petrella, Marketing Specialist not later than 20 days after the date of [Doc. No. AMS–FV–09–0073; FV10–929–1 or Kenneth G. Johnson, Regional the entry of the ruling. PR] Manager, DC Marketing Field Office, This proposal invites comments on Marketing Order Administration revising the due dates of handler reports Cranberries Grown in the States of Branch, Fruit and Vegetable Programs, from January 5, May 5, and August 5 of Massachusetts, Rhode Island, AMS, USDA; Telephone: (301) 734– each fiscal period and September 5 of Connecticut, New Jersey, Wisconsin, 5243, Fax: (301) 734–5275, or E-mail: the succeeding fiscal period to January Michigan, Minnesota, Oregon, [email protected] or 20, May 20, and August 20 of each fiscal Washington, and Long Island in the [email protected]. period and September 20 of the State of New York; Changes to Small businesses may request succeeding period, respectively. The Reporting Dates information on complying with this proposed dates would provide more regulation by contacting Antoinette time for handlers to file their reports. It AGENCY: Agricultural Marketing Service, Carter, Marketing Order Administration has become more difficult for handlers USDA. Branch, Fruit and Vegetable Programs, to meet the current filing deadlines due ACTION: Proposed rule. AMS, USDA, 1400 Independence to the demands of growing domestic and Avenue, SW., STOP 0237, Washington, international markets and the larger SUMMARY: This rule invites comments DC 20250–0237; Telephone: (202) 720– volumes of cranberries handled. on proposed changes to the reporting 2491, Fax: (202) 720–8938, or E-mail: Currently, § 929.62(d) of the order dates prescribed under the marketing [email protected]. provides that each handler shall, upon order that regulates the handling of request of the Committee, file promptly cranberries grown in the States of SUPPLEMENTARY INFORMATION: This with the Committee a certified report as Massachusetts, Rhode Island, proposal is issued under Marketing to the quantity of cranberries handled Connecticut, New Jersey, Wisconsin, Agreement and Order No. 929, both as during any designated period or Michigan, Minnesota, Oregon, amended (7 CFR part 929), regulating periods. Further, § 929.105 provides that Washington, and Long Island in the the handling of cranberries produced in certified reports shall be filed with the State of New York. The order is States of Massachusetts, Rhode Island, Committee, on a form provided by the administered locally by the Cranberry Connecticut, New Jersey, Wisconsin, Committee, by each handler not later Marketing Committee (Committee). This Michigan, Minnesota, Oregon, than January 5, May 5, and August 5 of rule would revise the due dates of Washington, and Long Island in the each fiscal period and by September 5 handler reports to provide more time for State of New York, hereinafter referred of the succeeding fiscal period. These handlers to file their reports with the to as the ‘‘order.’’ The order is effective reports must show the total quantity of Committee, and would improve handler under the Agricultural Marketing cranberries acquired and the total compliance with the order’s reporting Agreement Act of 1937, as amended quantity of cranberries and Vaccinium regulations. (7 U.S.C. 601–674), hereinafter referred to as the ‘‘Act.’’ oxycoccus cranberries the handler DATES: Comments must be received by The Department of Agriculture handled from the beginning of the March 8, 2010. (USDA) is issuing this rule in reporting period indicated through ADDRESSES: Interested persons are conformance with Executive Order December 31, April 30, July 31, and invited to submit written comments 12866. August 31, respectively. The reports concerning this proposal. Comments This proposal has been reviewed must also show the total quantity of must be sent to the Docket Clerk, under Executive Order 12988, Civil cranberries and Vaccinium oxycoccus Marketing Order Administration Justice Reform. This rule is not intended cranberries as well as cranberry Branch, Fruit and Vegetable Programs, to have retroactive effect. products and Vaccinium oxycoccus AMS, USDA, 1400 Independence The Act provides that administrative cranberry products held by the handler Avenue, SW., STOP 0237, Washington, proceedings must be exhausted before on January 1, May 1, August 1, and DC 20250–0237; Fax: (202) 720–8938; or parties may file suit in court. Under August 31 of each fiscal period. Internet: http://www.regulations.gov. All section 608c(15)(A) of the Act, any Information to be submitted to the comments should reference the handler subject to an order may file Committee on the handler reports document number and the date and with USDA a petition stating that the would not be changed by this action. page number of this issue of the Federal order, any provision of the order, or any The Committee recommended that the Register and will be made available for obligation imposed in connection with order’s reporting regulations be changed

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to allow handlers additional time to respectively. The proposed dates would address in the FOR FURTHER INFORMATION submit these reports. Over time, the provide more time for handlers to file CONTACT section. amount of cranberries being grown and their reports. A 30-day comment period is provided At its August 21, 2009, meeting, the handled has increased, and the greater to allow interested persons to respond demands associated with expanding Committee discussed whether the to this proposal. Thirty days is deemed markets have made it increasingly current due dates needed to be changed appropriate because this rule, if difficult for handlers to gather the to allow more time for handlers to information required for the reports comply with the reporting requirements. adopted, should be in place as soon as before the filing deadline. The Committee staff indicated that possible to inform handlers of the new compliance with the order’s reporting reporting deadline in May of 2010. All Initial Regulatory Flexibility Analysis requirements would improve if handlers written comments timely received will Pursuant to requirements set forth in were given additional time to file the be considered before a final the Regulatory Flexibility Act (RFA) reports. determination is made on this matter. (5 U.S.C. 601–612), the Agricultural The Committee discussed alternatives Marketing Service (AMS) has to this change, including not making the List of Subjects in 7 CFR Part 987 considered the economic impact of this change at all. However, the Committee Marketing agreements, Reporting and action on small entities. Accordingly, believes that this change is necessary to recordkeeping requirements, AMS has prepared this initial regulatory ensure that handlers have adequate time Cranberries. flexibility analysis. to comply with the order’s The purpose of the RFA is to fit requirements. For the reasons set forth in the regulatory actions to the scale of This rule is not expected to have any preamble, 7 CFR part 929 is proposed to business subject to such actions in order economic impact on growers or be amended as follows: that small businesses will not be unduly handlers of any size. The benefits of this or disproportionately burdened. rule are not expected to be PART 929—CRANBERRIES GROWN IN Marketing orders issued pursuant to the disproportionately greater or less for THE STATES OF MASSACHUSETTS, Act, and rules issued thereunder, are small handlers or growers than for larger RHODE ISLAND, CONNECTICUT, NEW unique in that they are brought about entities. JERSEY, WISCONSIN, MICHIGAN, through group action of essentially This proposed rule would not impose MINNESOTA, OREGON, small entities acting on their own any additional reporting or WASHINGTON, AND LONG ISLAND IN behalf. recordkeeping requirements on either THE STATE OF NEW YORK There are approximately 80 handlers small or large cranberry handlers. As of cranberries who are subject to with all Federal marketing order 1. The authority citation for 7 CFR regulation under the marketing order programs, reports and forms are part 929 continues to read as follows: and approximately 1,200 cranberry periodically reviewed to reduce growers in the regulated area. Small information requirements and Authority: 7 U.S.C. 601–674. agricultural service firms are defined by duplication by industry and public 2. In § 929.105, the introductory text the Small Business Administration sector agencies. of paragraph (b) is revised to read as (SBA) (13 CFR 121.201) as those having AMS is committed to complying with follows: annual receipts of less than $7,000,000, the E-Government Act, to promote the and small agricultural producers are use of the Internet and other § 929.105 Reporting. defined as those having annual receipts information technologies to provide * * * * * of less than $750,000. Based on increased opportunities for citizen information maintained by the access to Government information and (b) Certified reports shall be filed with Committee, the majority of growers and services, and for other purposes. the committee, on a form provided by handlers of cranberries under the order USDA has not identified any relevant the committee, by each handler not later would be considered small entities Federal rules that duplicate, overlap or than January 20, May 20, and August 20 under SBA’s standards. conflict with this proposed rule. of each fiscal period and by September Under the order, handlers are In addition, the Committee’s meeting 20 of the succeeding fiscal period required to submit acquisition, was widely publicized throughout the showing: handling, and inventory reports to the cranberry industry and all interested * * * * * Committee four times per year. Such persons were invited to attend the information is used by the Committee in meeting and participate in Committee Dated: February 2, 2010. the administration of the order. The deliberations on all issues. Like all Rayne Pegg, currently prescribed due dates follow Committee meetings, the August 21, Administrator, Agricultural Marketing the end of each respective reporting 2009, meeting was a public meeting and Service. period by five days. Handlers indicated all entities, both large and small, were [FR Doc. 2010–2546 Filed 2–4–10; 8:45 am] that it has become difficult to comply able to express views on this issue. BILLING CODE 3410–02–P with the current reporting deadlines Finally, interested persons are invited to because five days is not enough time to submit comments on this proposed rule, compile the information required for the including the regulatory and reports. informational impacts of this action on This proposal invites comments on small businesses. revising the due dates of mandatory A small business guide on complying handler reports from January 5, May 5, with fruit, vegetable, and specialty crop and August 5 of each fiscal period; and marketing agreements and orders may September 5 of the succeeding fiscal be viewed at: http://www.ams.usda.gov. period to January 20, May 20, and Any questions about the compliance August 20 of each fiscal period; and guide should be sent to Antoinette September 20 of the succeeding period, Carter at the previously mentioned

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DEPARTMENT OF AGRICULTURE or Kenneth G. Johnson, Regional independent growers to allow them to Manager, DC Marketing Field Office, participate in the election process for Agricultural Marketing Service Marketing Order Administration either a member or alternate member on Branch, Fruit and Vegetable Programs, the Committee. The current procedures 7 CFR Part 929 AMS, USDA; Telephone: (301) 734– do not provide for an election process [Doc. No. AMS–FV–09–0070; FV09–929–1 5243, Fax: (301) 734–5275, or E-mail: for each position separately. PR] [email protected] or Section 929.22(e) of the order [email protected]. specifies the nomination procedures for Cranberries Grown in the States of Small businesses may request nominees representing entities other Massachusetts, Rhode Island, information on complying with this than the major cooperative marketing Connecticut, New Jersey, Wisconsin, regulation by contacting Antoinette organization (independent growers). Michigan, Minnesota, Oregon, Carter, Marketing Order Administration That section specifies that the names of Washington, and Long Island in the Branch, Fruit and Vegetable Programs, all eligible nominees from each district State of New York; Revised AMS, USDA, 1400 Independence received by the Committee, by such date Nomination and Balloting Procedures Avenue, SW., STOP 0237, Washington, and in such form as recommended by DC 20250–0237; Telephone: (202) 720– the Committee and approved by the AGENCY: Agricultural Marketing Service, 2491, Fax: (202) 720–8938, or E-mail: Secretary, will appear on the USDA. [email protected]. nomination ballot for that district. It ACTION: Proposed rule. also specifies that the nominee that SUPPLEMENTARY INFORMATION: This receives the highest number of votes SUMMARY: This rule invites comments proposal is issued under Marketing on revisions to the nomination and cast shall be the member and the Agreement and Order No. 929, both as nominee receiving the second highest balloting procedures for independent amended (7 CFR part 929), regulating growers on the Cranberry Marketing number votes cast shall be the alternate. the handling of cranberries produced in Section 929.22(i) provides that the Committee (Committee). The order the States of Massachusetts, Rhode regulates the handling of cranberries Committee, with the approval of the Island, Connecticut, New Jersey, Secretary, may issue rules and produced in the States of Massachusetts, Wisconsin, Michigan, Minnesota, Rhode Island, Connecticut, New Jersey, regulations to carry out the provisions Oregon, Washington, and Long Island in or to change the procedures of this Wisconsin, Michigan, Minnesota, the State of New York, hereinafter Oregon, Washington, and Long Island in section. referred to as the ‘‘order.’’ The order is The Committee recommended that the State of New York, and is effective under the Agricultural rules and regulations be established to administered locally by the Committee. Marketing Agreement Act of 1937, as change the procedures for independent This rule would revise the nomination amended (7 U.S.C. 601–674), hereinafter grower nominations. The Committee and balloting procedures for referred to as the ‘‘Act.’’ recommended these changes because independent growers to allow them to The Department of Agriculture candidates are less willing to participate participate in the election process for (USDA) is issuing this rule in in the nomination process when they either a member or alternate member on conformance with Executive Order are not able to specify whether they are the Committee. The current procedures 12866. seeking a member or alternate member do not provide for an election process This proposal has been reviewed position on the Committee. Candidates for each position separately. under Executive Order 12988, Civil considering to be nominated to the DATES: Comments must be received by Justice Reform. This rule is not intended Committee have indicated that they March 8, 2010. to have retroactive effect. would be more willing to serve if they ADDRESSES: Interested persons are The Act provides that administrative could initially be nominated as the invited to submit written comments proceedings must be exhausted before alternate member. Becoming an concerning this proposal. Comments parties may file suit in court. Under alternate member first allows them to must be sent to the Docket Clerk, section 608c(15)(A) of the Act, any gain knowledge of the marketing order Marketing Order Administration handler subject to an order may file and Committee operations without Branch, Fruit and Vegetable Programs, with USDA a petition stating that the having the responsibility of casting AMS, USDA, 1400 Independence order, any provision of the order, or any votes. After gaining this knowledge, Avenue, SW., STOP 0237, Washington, obligation imposed in connection with alternate members can then be DC 20250–0237; Fax: (202) 720–8938; or the order is not in accordance with law nominated to run as the member on the Internet: http://www.regulations.gov. All and request a modification of the order Committee if they so desire. comments should reference the or to be exempted therefrom. A handler This action would require a slight document number and the date and is afforded the opportunity for a hearing change in the nomination and balloting page number of this issue of the Federal on the petition. After the hearing, USDA process. It would provide candidates the Register and will be made available for would rule on the petition. The Act opportunity to indicate what position public inspection in the Office of the provides that the district court of the (member or alternate) they are seeking. Docket Clerk during regular business United States in any district in which Following the deadline for filing hours, or can be viewed at: http:// the handler is an inhabitant, or has his nomination petitions the names of those www.regulations.gov. All comments or her principal place of business, has candidates running for member and the submitted in response to this rule will jurisdiction to review USDA’s ruling on names of those candidates running for be included in the record and will be the petition, provided an action is filed alternate member would be placed on made available to the public. Please be not later than 20 days after the date of the ballot and sent, via U.S. Postal advised that the identity of the the entry of the ruling. Service, to qualified growers in the individuals or entities submitting the This proposal invites comments on marketing order districts. comments will be made public on the revisions to the nomination and The candidate receiving the highest Internet at the address provided above. balloting procedures for independent number of votes in the member category FOR FURTHER INFORMATION CONTACT: growers on the Committee. This rule and the candidate receiving the highest Patricia A. Petrella, Marketing Specialist would revise the procedures for number of votes in the alternate member

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category in each marketing order district improve the nomination process by appropriate because this rule would would be declared nominees and their generating participation and providing need to be in place prior to the next names forwarded to the Secretary for the opportunity for more diverse nomination process which begins in selection. candidates to run for a position on the June 2010. The term of office begins on This change to the nomination Committee. August 1 of each even numbered year. procedures would only effect the There are no anticipated economic All written comments timely received independent grower nominations for the impacts on either small or large will be considered before a final Committee. The major cooperative producers or handlers that would result determination is made on this matter. marketing organization nominees are from this rule, as it pertains only to selected by that organization and Committee nomination and balloting List of Subjects in 7 CFR Part 987 submitted to the Secretary for procedures. Marketing agreements, Reporting and consideration. The benefits for this rule are not expected to be disproportionately recordkeeping requirements, Initial Regulatory Flexibility Analysis greater or less for small handlers or Cranberries. Pursuant to requirements set forth in producers than for larger entities. For the reasons set forth in the the Regulatory Flexibility Act (RFA) The Committee discussed alternatives preamble, 7 CFR part 929 is proposed to (5 U.S.C. 601–612), the Agricultural to this change, including not making the be amended as follows: Marketing Service (AMS) has change at all. If this change is not made considered the economic impact of this the Committee believes that the number PART 929—CRANBERRIES GROWN IN action on small entities. Accordingly, of new candidates who want to be THE STATES OF MASSACHUSETTS, AMS has prepared this initial regulatory considered for nomination on the RHODE ISLAND, CONNECTICUT, NEW flexibility analysis. Committee will continue to decline. JERSEY, WISCONSIN, MICHIGAN, The purpose of the RFA is to fit This proposed rule would not impose MINNESOTA, OREGON, regulatory actions to the scale of any additional reporting or WASHINGTON, AND LONG ISLAND IN business subject to such actions in order recordkeeping requirements on either THE STATE OF NEW YORK that small businesses will not be unduly small or large cranberry handlers. As or disproportionately burdened. with all Federal marketing order 1. The authority citation for 7 CFR Marketing orders issued pursuant to the programs, reports and forms are part 929 continues to read as follows: Act, and rules issued thereunder, are periodically reviewed to reduce Authority: 7 U.S.C. 601–674. unique in that they are brought about information requirements and through group action of essentially duplication by industry and public 2. A new section 929.161 is added to small entities acting on their own sector agencies. read as follows: behalf. AMS is committed to complying with There are approximately 80 handlers the E-Government Act, to promote the § 929.161 Nomination and balloting of cranberries who are subject to use of the Internet and other procedures for candidates other than the regulation under the marketing order information technologies to provide major cooperative marketing organization. and approximately 1,200 cranberry increased opportunities for citizen (a) During the nomination process, producers in the regulated area. Small access to Government information and each eligible candidate shall indicate if agricultural service firms are defined by services, and for other purposes. he/she is seeking a position on the the Small Business Administration USDA has not identified any relevant Committee as a member or alternate (SBA) (13 CFR 121.201) as those having Federal rules that duplicate, overlap or member. annual receipts of less than $7,000,000, conflict with this proposed rule. and small agricultural producers are In addition, the Committee’s meeting (b) Ballots provided by the Committee defined as those having annual receipts was widely publicized throughout the shall include the names of those of less than $750,000. Based on cranberry industry and all interested candidates seeking member positions on information maintained by the persons were invited to attend the the Committee and those seeking Committee, the majority of producers meeting and participate in Committee alternate member positions. and handlers of cranberries under the deliberations on all issues. Like all (c) All ballots shall be received by a order are considered small entities Committee meetings, the August 21, date designated by the Committee office under SBA’s standards. 2009, meeting was a public meeting and staff. Votes for member positions and This rule would revise the all entities, both large and small, were alternate member positions shall be nomination procedures for independent able to express views on this issue. tabulated separately. In districts entitled growers to allow them to participate in Finally, interested persons are invited to to one member, the successful candidate the election process for either a member submit comments on this proposed rule, shall be the person receiving the highest or alternate member on the Committee. including the regulatory and number of votes as a member or The current nomination process does informational impacts of this action on alternate member. In districts entitled to not permit an election process for each small businesses. two members, the successful candidates position. Authority for this action is A small business guide on complying shall be those receiving the highest and provided in § 929.22(i). with fruit, vegetable, and specialty crop second highest number of votes as At the meeting where this issue was marketing agreements and orders may members or alternate members. Those considered, the Committee discussed be viewed at: http://www.ams.usda.gov. names shall then be forwarded to the that the nomination procedures needed Any questions about the compliance Secretary for selection. to be changed to encourage more guide should be sent to Antoinette Dated: February 2, 2010. participation in the nomination process Carter at the previously mentioned Rayne Pegg, and to encourage more diverse address in the FOR FURTHER INFORMATION candidates on the Committee. The CONTACT section. Administrator, Agricultural Marketing independent grower members and A 30-day comment period is provided Service. alternate members on the Committee to allow interested persons to respond [FR Doc. 2010–2549 Filed 2–4–10; 8:45 am] indicated that this change would to this proposal. Thirty days is deemed BILLING CODE 3410–02–P

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DEPARTMENT OF AGRICULTURE FOR FURTHER INFORMATION CONTACT: National Environmental Policy Act Karen L. Larsen, Policy Analysis and Certification Rural Utilities Service Loan Management Staff, Office of the The Administrator of RUS has Assistant Administrator, Electric determined that this proposed rule will 7 CFR Part 1720 Programs, Rural Utilities Service, not significantly affect the quality of the RIN–0572–ZA06 United States Department of human environment as defined by the Agriculture, 1400 Independence National Environmental Policy Act of Guarantees for Bonds and Notes Avenue, SW., Room 5165–S, 1969 (42 U.S.C. 4321 et seq.). Therefore, Issued for Electrification or Telephone Washington, DC 20250–1560. this action does not require an Purposes Telephone (202) 720–9545; e-mail: environmental impact statement or AGENCY: Rural Utilities Service, USDA. [email protected]. assessment. ACTION: Proposed rule. SUPPLEMENTARY INFORMATION: Regulatory Flexibility Act Certification It has been determined that the SUMMARY: The Rural Utilities Service Executive Order 12866 (RUS) proposes to amend its regulations Regulatory Flexibility Act is not for the guarantee program for This proposed rule has been applicable to this proposed rule since cooperative and other not-for-profit determined to be not significant for the Agency is not required by 5 U.S.C. lenders that make loans for eligible purposes of Executive Order 12866 and, 551 et seq. or any other provision of law electric and telephone purposes. These therefore, has not been reviewed by the to publish a notice of proposed proposed amendments implement Office of Management and Budget. rulemaking with respect to the subject changes adapted in the Food, matter of this rule. Catalog of Federal Domestic Assistance Conservation, and Energy Act of 2008. Executive Order 12988 The intended effect is to update agency The Catalog of Federal Domestic regulations to reflect current statutory This proposed rule has been reviewed Assistance (CFDA) number assigned to authority. under Executive Order 12988, Civil the Electric Loan and Loan Guarantee Justice Reform. The Agency has DATES: Written comments on this program is 10.850 Rural Electrification determined that this proposed rule proposed action must be received by Loans and Loan Guarantees. The catalog meets the applicable standards in RUS no later than April 6, 2010. is available on the Internet and the section 3 of the Executive Order. ADDRESSES: Submit comments by either General Services Administration’s of the following methods: Unfunded Mandates • (GSA) free CFDA Web site at http:// Federal eRulemaking Portal: Go to www.cfda.gov. The CFDA Web site also This rule contains no Federal http://www.regulations.gov. In the contains a PDF file version of the mandates (under the regulatory ‘‘Search Documents’’ box, enter RUS– Catalog that, when printed, has the same provisions of Title II of the Unfunded 09–Electric–0005, check the box under layout as the printed document that the Mandates Reform Act of 1995) for State, the Search box labeled ‘‘Select to find local, and tribal governments for the documents accepting comments or Government Printing Office (GPO) provides. GPO prints and sells the private sector. Thus, this rule is not submissions,’’ and click on the GO>> subject to the requirements of section key. To submit a comment, choose CFDA to interested buyers. For information about purchasing the 202 and 205 of the Unfunded Mandates ‘‘Send a comment or submission,’’ under Reform Act of 1995. the Docket Title. In order to submit your Catalog of Federal Domestic Assistance comment, the information requested on from GPO, call the Superintendent of Executive Order 13132, Federalism the ‘‘Public Comment and Submission Documents at 202–512–1800 or toll free The policies contained in this Form,’’ must be completed. (If you click at 866–512–1800, or access GPO’s on- proposed rule do not have any on the hyperlink of the docket when the line bookstore at http:// substantial direct effect on States, on the search returns it, you will see the docket bookstore.gpo.gov. relationship between the national details. Click on the yellow balloon to Executive Order 12372 government and the States, or on the receive the ‘‘Public Comment and distribution of power and Submission Form.’’) Information on This proposed rule is excluded from responsibilities among the various using Regulations.gov, including the scope of Executive Order 12372, levels of government. Nor does this rule instructions for accessing documents, Intergovernmental Consultation, which impose substantial direct compliance submitting comments, and viewing the may require consultation with State and costs on State and local governments. docket after the close of the comment local officials. See the final rule related Therefore, consultation with the States period, is available through the site’s notice entitled, ‘‘Department Programs is not required. ‘‘How to Use this Site’’ link. • and Activities Excluded from Executive Executive Order 13211 Postal Mail/Commercial Delivery: Order 12372’’ (50 FR 47034) advising Please send your comments addressed that RUS loans and loan guarantees This proposed rule does not have any to Michele Brooks, Director, Program were not covered by Executive Order adverse effects on energy supply, Development and Regulatory Analysis, 12372. distribution, or use should the proposal USDA Rural Development, STOP 1522, be implemented. The Agency has Room 5162, 1400 Independence Information Collection and determined that the preparation of Avenue, SW., Washington, DC 20250– Recordkeeping Requirements Statement of Energy Effects under 1522. Please state that your comment Executive Oder 13211 is not required. refers to Docket No. RUS–09–Electric– This rule contains no new reporting 0005. or recordkeeping burdens under the E-Government Act Compliance Other Information: Additional Office of Management and Budget The Agency is committed to information about RUS and its programs (OMB) that would require approval complying with the E-Government Act, is available at http:// under the Paperwork Reduction Act of to promote the use of the Internet and www.rurdev.usda.gov/index.html. 1995 (44 U.S.C. Chapter 35). other information technologies to

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provide increased opportunities for implement the changes made by the ‘‘for eligible electrification or telephone citizen access to Government 2008 Farm Bill and to clarify existing purposes’’ as the limitation on the information and services, and for other provisions. amount of bonds and notes that can be purposes. guaranteed under section 313A up to an List of Subjects in 7 CFR Part 1720 annual program limit of $1,000,000,000, Background Electric power, Electric utilities, Loan subject to availability of funds. Section The Rural Electrification Act of 1936 programs—energy, Reporting and 6106(a)(1)(B) further amended section (the ‘‘RE Act’’) (7 U.S.C. 901 et seq.) recordkeeping requirements, Rural 313A of the RE Act by removing the authorizes the Secretary to guarantee areas. prohibition against the recipient using and make loans to persons, For reasons set out in the preamble, an amount obtained from the reduction corporations, States, territories, RUS proposes to amend chapter XVII of in funding costs as a result of a new municipalities, and cooperative, non- title 7 of the Code of Federal guarantee under section 313A to reduce profit, or limited-dividend associations Regulations by amending part 1720 as the interest rate charged on a new or for the purpose of furnishing or follows: concurrent loan. improving electric and telephone 3. Amend § 1720.3 by adding the service in rural areas. Responsibility for PART 1720—GUARANTEES FOR definition of ‘‘Eligible Loan’’ to read as administering electrification and BONDS AND NOTES ISSUED FOR follows: telecommunications loan and guarantee ELECTRIFICATION OR TELEPHONE programs along with other functions the PURPOSES § 1720.3 Definitions. Secretary deemed appropriate have been 1. The authority citation for part 1720 * * * * * assigned to RUS under the Department continues to read as follows: Eligible Loan means a loan that a of Agriculture Reorganization Act of guaranteed lender extends to a borrower 1994 (7 U.S.C. 6941 et seq.). The Authority: 7 U.S.C. 901 et seq.; 7 U.S.C. for up to 100 percent of the cost of Administrator of RUS has been 940c–1. eligible electrification or telephone delegated responsibility for 2. Revise § 1720.2 to read as follows: purposes consistent with the RE Act. administering the programs and § 1720.2 Background. * * * * * activities of RUS, see 7 CFR 1700.25. 4. Amend § 1720.4 by revising The Rural Electrification Act of 1936 Section 6101 of the Farm Security and paragraphs (a)(2), (3), (4), and (b)(2) to (the ‘‘RE Act’’) (7 U.S.C. 901 et seq.) Rural Investment Act of 2002 (Pub. L. read as follows: 107–171) (FSRIA) amended the RE Act authorizes the Secretary to guarantee to add section 313A entitled and make loans to persons, § 1720.4 General standards. ‘‘Guarantees for Bonds and Notes Issued corporations, States, territories, (a) * * * for Electrification or Telephone municipalities, and cooperative, non- (2) At the time the guarantee is Purposes.’’ This section created a new profit, or limited-dividend associations executed, the total principal amount of loan guarantee program. Final for the purpose of furnishing or guaranteed bonds outstanding would regulations implementing the program improving electric and telephone not exceed the principal amount of were published in the Federal Register service in rural areas. Responsibility for outstanding eligible loans previously on October 29, 2004, 69 FR 63045. administering electrification and made by the guaranteed lender; Section 6106(a)(1)(A) of the Food, telecommunications loan and guarantee (3) The proceeds of the guaranteed Conservation, and Energy Act of 2008 programs along with other functions the bonds will not be used directly or (Pub. L. 110–246) amended section Secretary deemed appropriate have been indirectly to fund projects for the 313A of the RE Act extending the assigned to RUS under the Department generation of electricity; and program authorization from September of Agriculture Reorganization Act of (4) The guaranteed lender will not use 30, 2007, to September 30, 2012, 1994 (7 U.S.C. 6941 et seq.). The any amounts obtained from the expanding eligible loan purposes, and Administrator of RUS has been reduction in funding costs provided by setting an annual limit of delegated responsibility for a loan guarantee issued prior to June 18, $1,000,000,000 on the total amount of administering the programs and 2008, to reduce the interest rates guarantees approved by the Secretary activities of RUS, see 7 CFR 1700.25. borrowers are paying on new or during a fiscal year, subject to the Section 6101 of the Farm Security and outstanding loans, other than new availability of funds. Prior to the 2008 Rural Investment Act of 2002 (Pub. L. concurrent loans as provided in 7 CFR amendment the total amount of a 107–171) (FSRIA) amended the RE Act part 1710, of this chapter. lender’s bonds and notes that could be to include a new program under section (b) * * * guaranteed under section 313A was 313A entitled Guarantees for Bonds and (2) Maintain sufficient collateral equal limited to the total amount of loans Notes Issued for Electrification or to the principal amount outstanding, for made by the lender concurrently with a Telephone Purposes. This measure guaranteed lenders having a credit loan approved by the Secretary under directed the Secretary of Agriculture to rating below ‘‘A¥’’ on its senior secured the RE Act. promulgate regulations that carry out debt without regard to the guarantee, or Section 6106(a)(1)(B) further amended the Program. The Secretary published in the case of a lender that does not section 313A of the RE Act by removing the regulations for the program in the have senior secured debt, a corporate the provision prohibiting the recipient Federal Register as a final rule on (counterparty) credit rating below ‘‘A¥’’ from using any amount obtained from October 29, 2004, adding Part 1720 to without regard to the guarantee. the reduction in funding costs as a Title 7 of the Code of Federal Collateral shall be in the form of specific result of a guarantee under section 313A Regulations. Section 6106(a)(1)(A) of the and identifiable unpledged securities to reduce the interest rate charged on a Food, Conservation, and Energy Act of equal to the value of the guaranteed new or concurrent loan. New loan 2008 (Pub. L. 110–246) amended section amount. In the case of a guaranteed guarantees will not be subject to this 313A of the RE Act by replacing the lender’s default, the U.S. government limitation. level of ‘‘concurrent loans’’ as a factor claim shall not be subordinated to the The proposed amendments to part limiting the amount of bonds and notes claims of other creditors, and the 1720 revise the current regulations to that could be guaranteed and inserted indenture must provide that in the event

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of default, the government has first resulting from previous guarantees (5) Credit rating, by a Rating Agency, rights on the asset. Upon application made under Section 313A of the RE Act; on its senior secured debt or its and throughout the term of the and corporate credit rating, as applicable, guarantee, guaranteed lenders not (6) The extent to which providing the without regard to the guarantee and subject to collateral pledging guarantee to the applicant will help satisfactory to the Secretary; and requirements shall identify, with the reduce the cost and/or increase the * * * * * concurrence of the Secretary, specific supply of credit to rural America, or 10. Revise § 1720.13 to read as assets to be held as collateral should the generate other economic benefits, follows: credit rating of its senior secured debt, including the amount of fee income or its corporate credit rating, as available to be deposited into the Rural § 1720.13 Limitations on guarantees. applicable, without regard to the Economic Development Subaccount, In a given year the maximum amount guarantee fall below ‘‘A¥.’’ The maintained under section 313(b)(2)(A) of guaranteed bonds that the Secretary Secretary has discretion to require of the RE Act (7 U.S.C. 940c(b)(2)(A)), may approve will be subject to budget collateral at any time should after payment of the subsidy amount. authority, together with receipts circumstances warrant. * * * * * authority from projected fee collections * * * * * (d) Decisions by the Secretary. The from guaranteed lenders, the principal 5. Amend § 1720.5 by revising Secretary shall approve or deny amount of outstanding eligible loans paragraphs (a)(1) and (b)(1) to read as applications in a timely manner as such made by the guaranteed lender, and follows: applications are received; provided, Congressionally-mandated ceilings on however, that in order to facilitate the total amount of credit. The Secretary § 1720.5 Eligibility criteria. competitive evaluation of applications, may also impose other limitations as (a) * * * the Secretary may from time to time appropriate to administer this guarantee (1) A bank or other lending institution defer a decision until more than one program. organized as a private, not-for-profit application is pending. The Secretary Dated: January 8, 2010. cooperative association, or otherwise may limit the number of guarantees Jonathan Adelstein, organized on a non-profit basis; and made to a maximum of five per year, to Administrator, Rural Utilities Service. * * * * * ensure a sufficient examination is (b) * * * [FR Doc. 2010–2402 Filed 2–4–10; 8:45 am] conducted of applicant requests. RUS BILLING CODE 3410–15–P (1) The guaranteed lender must shall notify the applicant in writing of furnish the Secretary with a certified list the Secretary’s approval or denial of an of the principal balances of eligible application. Approvals for guarantees DEPARTMENT OF TRANSPORTATION loans then outstanding and certify that shall be conditioned upon compliance such aggregate balance is at least equal with 7 CFR 1720.4 and 1720.6 of this Federal Aviation Administration to the sum of the proposed principal part. The Secretary reserves the amount of guaranteed bonds to be discretion to approve an application for 14 CFR Part 71 issued, and any previously issued an amount less than that requested. guaranteed bonds outstanding; and 8. Amend § 1720.8 by revising [Docket No. FAA–2009–1179; Airspace * * * * * paragraphs (a)(3), (4), and (8) to read as Docket No. 09–ASW–35] 6. Amend § 1720.6 by revising follows: paragraph (a)(7) to read as follows: Proposed Amendment of Class E § 1720.8 Issuance of the guarantee. Airspace; Magnolia, AR § 1720.6 Application process. (a) * * * AGENCY: Federal Aviation (a) * * * (3) Prior to the issuance of the Administration (FAA), DOT. (7) Evidence of a credit rating, from a guarantee, the applicant must certify to Rating Agency, on its senior secured ACTION: Notice of proposed rulemaking the Secretary that the proceeds from the (NPRM). debt or its corporate credit rating, as guaranteed bonds will be applied to applicable, without regard to the fund new eligible loans under the RE SUMMARY: This action proposes to government guarantee and satisfactory Act, to refinance concurrent loans, or to amend Class E airspace at Magnolia, AR. to the Secretary; and refinance existing debt instruments of Decommissioning of the Magnolia non- * * * * * the guaranteed lender used to fund directional beacon (NDB) at Magnolia 7. Amend § 1720.7 by revising eligible loans; Municipal Airport, Magnolia, AR, has paragraphs (b)(3) and (4), adding new (4) The applicant provides a certified made this action necessary for the safety paragraphs (b)(5) and (6), and revising list of eligible loans and their and management of Instrument Flight paragraph (d) to read as follows: outstanding balances as of the date the Rules (IFR) operations at Magnolia § 1720.7 Application evaluation. guarantee is to be issued; Municipal Airport. DATES: * * * * * * * * * * Comments must be received on (b) * * * (8) The applicant shall provide or before March 22, 2010. (3) The applicant’s demonstrated evidence of a credit rating on its senior ADDRESSES: Send comments on this performance of financially sound secured debt or its corporate credit proposal to the U.S. Department of business practices as evidenced by rating, as applicable, without regard to Transportation, Docket Operations, 1200 reports of regulators, auditors and credit the guarantee and satisfactory to the New Jersey Avenue, SE., West Building rating agencies; Secretary; and Ground Floor, Room W12–140, (4) The extent to which the applicant * * * * * Washington, DC 20590–0001. You must is subject to supervision, examination, 9. Amend § 1720.12 by revising identify the docket number FAA–2009– and safety and soundness regulation by paragraph (a)(5) to read as follows: 1179/Airspace Docket No. 09–ASW–35, an independent federal agency; at the beginning of your comments. You (5) The extent of concentration of § 1720.12 Reporting requirements. may also submit comments through the financial risk that RUS may have (a) * * * Internet at http://www.regulations.gov.

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You may review the public docket of Rulemaking (202) 267–9677, to safety of aircraft and the efficient use of containing the proposal, any comments request a copy of Advisory Circular No. airspace. This regulation is within the received, and any final disposition in 11–2A, Notice of Proposed Rulemaking scope of that authority as it would person in the Dockets Office between 9 Distribution System, which describes amend controlled airspace at Magnolia a.m. and 5 p.m., Monday through the application procedure. Municipal Airport, Magnolia, AR. Friday, except Federal holidays. The The Proposal List of Subjects in 14 CFR Part 71 Docket Office (telephone 1–800–647– 5527), is on the ground floor of the This action proposes to amend Title Airspace, Incorporation by reference, building at the above address. 14, Code of Federal Regulations (14 Navigation (Air). CFR), Part 71 by amending Class E FOR FURTHER INFORMATION CONTACT: airspace extending upward from 700 The Proposed Amendment Scott Enander, Central Service Center, feet above the surface for standard Operations Support Group, Federal In consideration of the foregoing, the instrument approach procedures at Aviation Administration, Southwest Federal Aviation Administration Magnolia Municipal Airport, Magnolia, Region, 2601 Meacham Blvd., Fort proposes to amend 14 CFR Part 71 as AR. Airspace reconfiguration is Worth, TX 76137; telephone: (817) follows: necessary due to the decommissioning 321–7716. of the Magnolia NDB and the PART 71—DESIGNATION OF CLASS A, SUPPLEMENTARY INFORMATION: cancellation of the NDB approach. B, C, D, AND E AIRSPACE AREAS; AIR Comments Invited Adjustment to the geographic TRAFFIC SERVICE ROUTES; AND coordinates would be made in REPORTING POINTS Interested parties are invited to accordance with the FAAs National participate in this proposed rulemaking Aeronautical Charting Office. Controlled 1. The authority citation for part 71 by submitting such written data, views, airspace is needed for the safety and continues to read as follows: or arguments, as they may desire. management of IFR operations at the Authority: 49 U.S.C. 106(g); 40103, 40113, Comments that provide the factual basis airport. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– supporting the views and suggestions Class E airspace areas are published 1963 Comp., p. 389. presented are particularly helpful in in Paragraph 6005 of FAA Order developing reasoned regulatory 7400.9T, dated August 27, 2009, and § 71.1 [Amended] decisions on the proposal. Comments effective September 15, 2009, which is 2. The incorporation by reference in are specifically invited on the overall incorporated by reference in 14 CFR 14 CFR 71.1 of FAA Order 7400.9T, regulatory, aeronautical, economic, 71.1. The Class E airspace designation Airspace Designations and Reporting environmental, and energy-related listed in this document would be Points, signed August 27, 2009, and aspects of the proposal. published subsequently in the Order. effective September 15, 2009, is Communications should identify both The FAA has determined that this amended as follows: docket numbers and be submitted in proposed regulation only involves an triplicate to the address listed above. Paragraph 6005 Class E Airspace areas established body of technical extending upward from 700 feet or more Commenters wishing the FAA to regulations for which frequent and above the surface of the earth. acknowledge receipt of their comments routine amendments are necessary to * * * * * on this notice must submit with those keep them operationally current. It, comments a self-addressed, stamped therefore, (1) Is not a ‘‘significant ASW AR E5 Magnolia, AR [Amended] postcard on which the following regulatory action’’ under Executive Magnolia Municipal Airport, AR statement is made: ‘‘Comments to Order 12866; (2) is not a ‘‘significant (Lat. 33°13′39″ N., long. 93°13′01″ W.) Docket No. FAA–2009–1179/Airspace rule’’ under DOT Regulatory Policies That airspace extending upward from 700 Docket No. 09–ASW–35.’’ The postcard and Procedures (44 FR 11034; February feet above the surface within a 6.4-mile will be date/time stamped and returned 26, 1979); and (3) does not warrant radius of Magnolia Municipal Airport. to the commenter. preparation of a Regulatory Evaluation * * * * * as the anticipated impact is so minimal. Availability of NPRMs Issued in Fort Worth, TX, on January 26, Since this is a routine matter that will 2010. An electronic copy of this document only affect air traffic procedures and air Ronnie Uhlenhaker, may be downloaded through the navigation, it is certified that this rule, Internet at http://www.regulations.gov. when promulgated, will not have a Acting Manager, Operations Support Group, ATO Central Service Center. Recently published rulemaking significant economic impact on a documents can also be accessed through substantial number of small entities [FR Doc. 2010–2544 Filed 2–4–10; 8:45 am] the FAA’s Web page at http:// under the criteria of the Regulatory BILLING CODE 4901–13–P www.faa.gov/airports_airtraffic/ Flexibility Act. air_traffic/publications/ The FAA’s authority to issue rules DEPARTMENT OF TRANSPORTATION airspace_amendments/. regarding aviation safety is found in Additionally, any person may obtain Title 49 of the U.S. Code. Subtitle 1, Federal Aviation Administration a copy of this notice by submitting a Section 106 describes the authority of request to the Federal Aviation the FAA Administrator. Subtitle VII, 14 CFR Part 71 Administration (FAA), Office of Air Aviation Programs, describes in more Traffic Airspace Management, ATA– detail the scope of the agency’s 400, 800 Independence Avenue, SW., authority. This rulemaking is [Docket No. FAA–2009–0538; Airspace Docket No. 09–ASW–15] Washington, DC 20591, or by calling promulgated under the authority (202) 267–8783. Communications must described in Subtitle VII, Part A, Proposed Amendment of Class E identify both docket numbers for this Subpart I, Section 40103. Under that Airspace; Claremore, OK notice. Persons interested in being section, the FAA is charged with placed on a mailing list for future prescribing regulations to assign the use AGENCY: Federal Aviation NPRMs should contact the FAA’s Office of airspace necessary to ensure the Administration (FAA), DOT.

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ACTION: Notice of proposed rulemaking Docket No. FAA–2009–0538/Airspace when promulgated, will not have a (NPRM). Docket No. 09–ASW–15.’’ The postcard significant economic impact on a will be date/time stamped and returned substantial number of small entities SUMMARY: This action proposes to to the commenter. under the criteria of the Regulatory amend Class E airspace at Claremore, Flexibility Act. Availability of NPRMs OK. Additional controlled airspace is The FAA’s authority to issue rules necessary to accommodate new An electronic copy of this document regarding aviation safety is found in Standard Instrument Approach may be downloaded through the Title 49 of the U.S. Code. Subtitle 1, Procedures (SIAPs) at Claremore Internet at http://www.regulations.gov. Section 106 describes the authority of Regional Airport, Claremore, OK. The Recently published rulemaking the FAA Administrator. Subtitle VII, FAA is taking this action to enhance the documents can also be accessed through Aviation Programs, describes in more safety and management of Instrument the FAA’s Web page at http:// _ detail the scope of the agency’s Flight Rules (IFR) operations for SIAPs www.faa.gov/airports airtraffic/ authority. This rulemaking is at the airport. air_traffic/publications/ _ promulgated under the authority DATES: Comments must be received on airspace amendments/. described in Subtitle VII, Part A, Additionally, any person may obtain or before March 22, 2010. Subpart I, Section 40103. Under that a copy of this notice by submitting a ADDRESSES: Send comments on this section, the FAA is charged with proposal to the U.S. Department of request to the Federal Aviation Administration (FAA), Office of Air prescribing regulations to assign the use Transportation, Docket Operations, 1200 of airspace necessary to ensure the New Jersey Avenue, SE., West Building Traffic Airspace Management, ATA– 400, 800 Independence Avenue, SW., safety of aircraft and the efficient use of Ground Floor, Room W12–140, Washington, DC 20591, or by calling airspace. This regulation is within the Washington, DC 20590–0001. You must (202) 267–8783. Communications must scope of that authority as it would add identify the docket number FAA–2009– identify both docket numbers for this additional controlled airspace at 0538/Airspace Docket No. 09–ASW–15, notice. Persons interested in being Claremore Regional Airport, Claremore, at the beginning of your comments. You placed on a mailing list for future OK. may also submit comments through the NPRMs should contact the FAA’s Office Internet at http://www.regulations.gov. List of Subjects in 14 CFR Part 71 of Rulemaking (202) 267–9677, to You may review the public docket request a copy of Advisory Circular No. Airspace, Incorporation by reference, containing the proposal, any comments 11–2A, Notice of Proposed Rulemaking Navigation (air). received, and any final disposition in Distribution System, which describes person in the Dockets Office between 9 The Proposed Amendment the application procedure. a.m. and 5 p.m., Monday through In consideration of the foregoing, the Friday, except Federal holidays. The The Proposal Federal Aviation Administration Docket Office (telephone 1–800–647– This action proposes to amend Title proposes to amend 14 CFR Part 71 as 5527), is on the ground floor of the 14, Code of Federal Regulations (14 follows: building at the above address. CFR), Part 71 by adding additional Class FOR FURTHER INFORMATION CONTACT: E airspace extending upward from 700 PART 71—DESIGNATION OF CLASS A, Scott Enander, Central Service Center, feet above the surface for SIAPs B, C, D, AND E AIRSPACE AREAS; AIR Operations Support Group, Federal operations at Claremore Regional TRAFFIC SERVICE ROUTES; AND Aviation Administration, Southwest Airport, Claremore, OK. Controlled REPORTING POINTS Region, 2601 Meacham Blvd., Fort airspace is needed for the safety and Worth, TX 76137; telephone: (817) 321– 1. The authority citation for part 71 management of IFR operations at the continues to read as follows: 7716. airport. SUPPLEMENTARY INFORMATION: Class E airspace areas are published Authority: 49 U.S.C. 106(g); 40103, 40113, in Paragraph 6005 of FAA Order 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Comments Invited 7400.9T, dated August 27, 2009, and 1963 Comp., p. 389. Interested parties are invited to effective September 15, 2009, which is § 71.1 [Amended] participate in this proposed rulemaking incorporated by reference in 14 CFR 2. The incorporation by reference in by submitting such written data, views, 71.1. The Class E airspace designation 14 CFR 71.1 of FAA Order 7400.9T, or arguments, as they may desire. listed in this document would be Airspace Designations and Reporting Comments that provide the factual basis published subsequently in the Order. supporting the views and suggestions The FAA has determined that this Points, signed August 27, 2009, and presented are particularly helpful in proposed regulation only involves an effective September 15, 2009, is developing reasoned regulatory established body of technical amended as follows: decisions on the proposal. Comments regulations for which frequent and Paragraph 6005 Class E Airspace areas are specifically invited on the overall routine amendments are necessary to extending upward from 700 feet or more regulatory, aeronautical, economic, keep them operationally current. It, above the surface of the earth. environmental, and energy-related therefore, (1) is not a ‘‘significant * * * * * ’’ aspects of the proposal. regulatory action under Executive ASW OK E5 Claremore, OK [Amended] Communications should identify both Order 12866; (2) is not a ‘‘significant docket numbers and be submitted in rule’’ under DOT Regulatory Policies Claremore Regional Airport, OK (Lat. 36°17′34″ N., long. 95°28′27″ W.) triplicate to the address listed above. and Procedures (44 FR 11034; February Claremore Regional Hospital Heliport, OK Commenters wishing the FAA to 26, 1979); and (3) does not warrant Point In Space Coordinates acknowledge receipt of their comments preparation of a Regulatory Evaluation (Lat. 36°18′23″ N., long. 95°38′26″ W.) on this notice must submit with those as the anticipated impact is so minimal. That airspace extending upward from 700 comments a self-addressed, stamped Since this is a routine matter that will feet above the surface within a 6.4-mile postcard on which the following only affect air traffic procedures and air radius of Claremore Regional Airport and statement is made: ‘‘Comments to navigation, it is certified that this rule, that airspace within a 6-mile radius of the

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Point In Space serving Claremore Regional below for instructions on submitting electronic filing. If you submit Hospital Heliport. comments. comments by mail and would like to * * * * * FOR FURTHER INFORMATION CONTACT: If know that they reached the Facility, Issued in Fort Worth, TX, on January 26, you have questions on this proposed please enclose a stamped, self-addressed 2010. rule, call or e-mail Lieutenant postcard or envelope. We will consider Ronnie Uhlenhaker, Commander Marcella Granquist, all comments and material received Acting Manager, Operations Support Group, Waterways Management Division, U.S. during the comment period and may ATO Central Service Center. Coast Guard Sector Honolulu, telephone change the rule based on your comments. [FR Doc. 2010–2531 Filed 2–4–10; 8:45 am] 808–522–8266, extention 352, e-mail BILLING CODE 4910–13–P [email protected]. If you Viewing Comments and Documents have questions on viewing or submitting To view comments, as well as material to the docket, call Renee V. documents mentioned in this preamble DEPARTMENT OF HOMELAND Wright, Program Manager, Docket as being available in the docket, go to SECURITY Operations, telephone 202–366–9826. http://www.regulations.gov, click on the SUPPLEMENTARY INFORMATION: ‘‘read comments’’ box, which will then Coast Guard Public Participation and Request for become highlighted in blue. In the ‘‘Keyword’’ box insert ‘‘USCG–2010– 33 CFR Part 165 Comments 0002’’ and click ‘‘Search.’’ Click the We encourage you to participate in [Docket No. USCG–2010–0002] ‘‘Open Docket Folder’’ in the ‘‘Actions’’ this rulemaking by submitting column. You may also visit the Docket RIN 1625–AA00 comments and related materials. All Management Facility in Room W12–140 comments received will be posted on the ground floor of the Department Safety Zone; Dive Platform, Pago Pago without change to http:// Harbor, American Samoa of Transportation West Building, 1200 www.regulations.gov and will include New Jersey Avenue, SE., Washington, AGENCY: Coast Guard, DHS. any personal information you have DC 20590, between 9 a.m. and 5 p.m., provided. ACTION: Notice of proposed rulemaking. Monday through Friday, except Federal Submitting Comments holidays. We have an agreement with SUMMARY: The Coast Guard proposes a If you submit a comment, please the Department of Transportation to use temporary safety zone around a dive the Docket Management Facility. platform vessel in Pago Pago Harbor, include the docket number for this American Samoa, while diving rulemaking (USCG–2010–0002), Privacy Act operations are under way in and around indicate the specific section of this Anyone can search the electronic the CHEHALIS wreck. The safety zone document to which each comment form of comments received into any of is necessary to protect other vessels and applies, and provide a reason for each our dockets by the name of the the general public from hazards suggestion or recommendation. You individual submitting the comment (or associated with dive operations. Entry may submit your comments and signing the comment, if submitted on into or remaining in the safety zone material online (via http:// behalf of an association, business, labor during the effective period would be www.regulations.gov) or by fax, mail, or union, etc.). You may review a Privacy prohibited unless authorized by the hand delivery, but please use only one Act notice regarding our public dockets Coast Guard Captain of the Port of these means. If you submit a in the January 17, 2008, issue of the Honolulu. comment online via http:// Federal Register (73 FR 3316). www.regulations.gov, it will be DATES: Comments and related material considered received by the Coast Guard Public Meeting must be received by the Coast Guard on when you successfully transmit the We do not now plan to hold a public or before March 8, 2010. comment. If you fax, hand deliver, or meeting. But you may submit a request ADDRESSES: You may submit comments mail your comment, it will be for one using one of the four methods identified by docket number USCG– considered as having been received by specified under ADDRESSES. Please 2010–0002 using any one of the the Coast Guard when it is received at explain why you believe a public following methods: the Docket Management Facility. We meeting would be beneficial. If we (1) Federal eRulemaking Portal: recommend that you include your name determine that one would aid this http://www.regulations.gov. and a mailing address, an e-mail rulemaking, we will hold one at a time (2) Fax: 202–493–2251. address, or a telephone number in the and place announced by a later notice (3) Mail: Docket Management Facility body of your document so that we can in the Federal Register. (M–30), U.S. Department of contact you if we have questions Transportation, West Building Ground regarding your submission. Background and Purpose Floor, Room W12–140, 1200 New Jersey To submit your comment online, go to On October 7, 1949 the 4,130-ton Avenue, SE., Washington, DC 20590– http://www.regulations.gov, click on the gasoline tanker CHEHALIS sank in Pago 0001. ‘‘submit a comment’’ box, which will Pago Inner Harbor, in an estimated 160 (4) Hand Delivery: Same as mail then become highlighted in blue. In the feet of water, approximately 350-feet address above between 9 a.m. and 5 ‘‘Document Type’’ drop down menu from the fuel dock located near Goat p.m., Monday through Friday, except select ‘‘Proposed Rule’’ and insert Island Point, Pago Pago, American Federal holidays. The telephone number ‘‘USCG–2010–0002’’ in the ‘‘Keyword’’ Samoa. Today, the CHEHALIS wreck is 202–366–9329. box. Click ‘‘Search’’ then click on the remains a potential pollution threat to To avoid duplication, please use only balloon shape in the ‘‘Actions’’ column. the environment. The U.S. Coast Guard one of these four methods. See the If you submit your comments by mail or is scheduled to conduct dive operations ‘‘Public Participation and Request for hand delivery, submit them in an to mitigate the wreck’s potential Comments’’ portion of the unbound format, no larger than 8c by 11 pollution threat to the area from March SUPPLEMENTARY INFORMATION section inches, suitable for copying and 29, 2010 through April 17, 2010.

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Discussion of Proposed Rule or governmental jurisdiction qualifies as Taking of Private Property The proposed rule would establish a a small entity and that this proposed This proposed rule would not effect a temporary safety zone extending 200 rule would have a significant economic taking of private property or otherwise feet (67 meters) in radius around the impact on it, please submit a comment have taking implications under wreck CHEHALIS, and from the surface (see ADDRESSES) explaining why you Executive Order 12630, Governmental of the water to the ocean floor. The think it qualifies and how and to what Actions and Interference with wreck’s approximate position is degree this rule would economically Constitutionally Protected Property 14°16.52′ S, 170°40.56′ W, and affect it. Rights. approximately 350 feet north of the fuel Assistance for Small Entities Civil Justice Reform dock in Pago Pago Harbor, American Samoa. This safety zone would be Under section 213(a) of the Small This proposed rule meets applicable effective from 6 a.m. on March 29, 2010 Business Regulatory Enforcement standards in sections 3(a) and 3(b)(2) of through 8 p.m. on April 17, 2010 (local Fairness Act of 1996 (Pub. L. 104–121), Executive Order 12988, Civil Justice American Samoa Time). Entry into or we want to assist small entities in Reform, to minimize litigation, remaining in the safety zone during the understanding this proposed rule so that eliminate ambiguity, and reduce effective period would be prohibited they can better evaluate its effects on burden. unless authorized by the Coast Guard them and participate in the rulemaking. Protection of Children Captain of the Port Honolulu. If the rule would affect your small We have analyzed this proposed rule business, organization, or governmental Regulatory Analyses under Executive Order 13045, jurisdiction and you have questions Protection of Children from We developed this proposed rule after concerning its provisions or options for Environmental Health Risks and Safety considering numerous statutes and compliance, please contact Lieutenant Risks. This rule is not an economically executive orders related to rulemaking. Commander Marcella Granquist, significant rule and would not create an Below we summarize our analyses Waterways Management Division, U.S. environmental risk to health or risk to based on 13 of these statutes or Coast Guard Sector Honolulu, telephone safety that might disproportionately executive orders. 808–842–2600, e-mail affect children. Regulatory Planning and Review [email protected]. If you This proposed rule is not a significant wish to comment on actions by Indian Tribal Governments regulatory action under section 3(f) of employees of the Coast Guard, call This proposed rule does not have Executive Order 12866, Regulatory 1–888–REG–FAIR (1–888–734–3247). tribal implications under Executive Planning and Review, and does not The Coast Guard will not retaliate Order 13175, Consultation and require an assessment of potential costs against small entities that question or Coordination with Indian Tribal and benefits under section 6(a)(3) of that complain about this proposed rule or Governments, because it would not have Order. The Office of Management and any policy or action of the Coast Guard. a substantial direct effect on one or Budget has not reviewed it under that Collection of Information more Indian tribes, on the relationship Order. between the Federal Government and We expect the economic impact of This proposed rule would call for no Indian tribes, or on the distribution of this rule to be so minimal that a full new collection of information under the power and responsibilities between the Regulatory Evaluation is unnecessary. Paperwork Reduction Act of 1995 (44 Federal Government and Indian tribes. Vessels will be able to transit around the U.S.C. 3501–3520). zone, and Sector Honolulu Captain of Energy Effects the Port may allow vessels in the zone Federalism We have analyzed this proposed rule under Executive Order 13211, Actions on a case-by-case basis. A rule has implications for federalism Concerning Regulations That under Executive Order 13132, Small Entities Significantly Affect Energy Supply, Federalism, if it has a substantial direct Under the Regulatory Flexibility Act Distribution, or Use. We have effect on State or local governments and (5 U.S.C. 601–612), we have considered determined that it is not a ‘‘significant would either preempt State law or whether this proposed rule would have energy action’’ under that order because impose a substantial direct cost of a significant economic impact on a it is not a ‘‘significant regulatory action’’ compliance on them. We have analyzed substantial number of small entities. under Executive Order 12866 and is not this proposed rule under that Order and The term ‘‘small entities’’ comprises likely to have a significant adverse effect have determined that it does not have small businesses, not-for-profit on the supply, distribution, or use of implications for federalism. organizations that are independently energy. The Administrator of the Office owned and operated and are not Unfunded Mandates Reform Act of Information and Regulatory Affairs dominant in their fields, and has not designated it as a significant governmental jurisdictions with The Unfunded Mandates Reform Act energy action. Therefore, it does not populations of less than 50,000. of 1995 (2 U.S.C. 1531–1538) requires require a Statement of Energy Effects The Coast Guard certifies under 5 Federal agencies to assess the effects of under Executive Order 13211. U.S.C. 605(b) that this proposed rule their discretionary regulatory actions. In would not have a significant economic particular, the Act addresses actions Technical Standards impact on a substantial number of small that may result in the expenditure by a The National Technology Transfer entities. Vessels will be allowed to State, local, or tribal government, in the and Advancement Act (NTTAA) (15 transit around the 200-foot temporary aggregate, or by the private sector of U.S.C. 272 note) directs agencies to use Safety Zone that will be centered over $100,000,000 or more in any one year. voluntary consensus standards in their the CHEHALIS wreck at approximately Though this proposed rule would not regulatory activities unless the agency 350 feet from the fuel dock in Pago Pago result in such an expenditure, we do provides Congress, through the Office of Inner Harbor, American Samoa. If you discuss the effects of this rule elsewhere Management and Budget, with an think that your business, organization, in this preamble. explanation of why using these

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standards would be inconsistent with around the dive platform vessel while it DEPARTMENT OF HOMELAND applicable law or otherwise impractical. is performing dive operations in and SECURITY Voluntary consensus standards are around the CHEHALIS wreck. This technical standards (e.g., specifications safety zone extends from the surface of Federal Emergency Management of materials, performance, design, or the water to the ocean floor. The wreck’s Agency operation; test methods; sampling approximate position is 14°16.52′ S, procedures; and related management 170°40.56′ W, which is approximately 44 CFR Part 67 systems practices) that are developed or 350 feet north of the fuel dock in Pago [Docket ID FEMA–2010–0003; Internal adopted by voluntary consensus Pago Harbor, American Samoa. These Agency Docket No. FEMA–B–1085] standards bodies. coordinates are based upon the National This proposed rule does not use Oceanic and Atmospheric Proposed Flood Elevation technical standards. Therefore, we did Administration Coast Survey, Pacific Determinations not consider the use of voluntary Ocean, Samoa Islands, chart 83484. consensus standards. AGENCY: Federal Emergency (b) Prohibited activities. (1) Entry into Management Agency, DHS. Environment or remaining in the safety zone ACTION: Proposed rule. We have analyzed this proposed rule described in paragraph (a) of this SUMMARY: Comments are requested on under Department of Homeland section is prohibited unless authorized the proposed Base (1% annual-chance) Security Management Directive 023–01 by the Coast Guard Captain of the Port Flood Elevations (BFEs) and proposed and Commandant Instruction Honolulu. M16475.lD, which guide the Coast BFE modifications for the communities (2) Persons desiring to transit the Guard in complying with the National listed in the table below. The purpose safety zone may contact the Captain of Environmental Policy Act of 1969 of this notice is to seek general the Port at telephone number 1–808– (NEPA) (42 U.S.C. 4321–4370f), and information and comment regarding the have made a preliminary determination 842–2600, the U.S. Coast Guard Marine proposed regulatory flood elevations for that this action is one of a category of Safety Detachment American Samoa at the reach described by the downstream actions which do not individually or telephone number 1–684–633–2299, or and upstream locations in the table cumulatively have a significant effect on the dive platform vessel on VHF below. The BFEs and modified BFEs are the human environment. A preliminary channel 16 (156.800 MHz) or VHF a part of the floodplain management environmental analysis checklist channel 13 (156.650 MHz) to seek measures that the community is supporting this determination is permission to transit the area. If required either to adopt or show available in the docket where indicated permission is granted, all persons and evidence of having in effect in order to qualify or remain qualified for under ADDRESSES. This rule would be vessels must comply with the categorically excluded, under figure 2– instructions of the Captain of the Port or participation in the National Flood 1, paragraph (34)(g), of the Instruction his designated representative. Insurance Program (NFIP). In addition, because it would establish a safety zone. these elevations, once finalized, will be (c) Effective period. This rule is used by insurance agents, and others to We seek any comments or information effective from 6 a.m. local American that may lead to the discovery of a calculate appropriate flood insurance Samoa time on March 29, 2010 through premium rates for new buildings and significant environmental impact from 8 p.m. local American Samoa time on this proposed rule. the contents in those buildings. April 17, 2010. DATES: Comments are to be submitted List of Subjects in 33 CFR Part 165 (d) Regulations. In accordance with on or before May 6, 2010. Harbors, Marine safety, Navigation the general regulations in 33 CFR part ADDRESSES: The corresponding (water), Reporting and recordkeeping 165, subpart C, no person or vessel may preliminary Flood Insurance Rate Map requirements, Security measures, enter or remain in the zone except for (FIRM) for the proposed BFEs for each Waterways. support vessels/aircraft and support community is available for inspection at For the reasons discussed in the personnel, or other vessels authorized the community’s map repository. The preamble, the Coast Guard proposes to by the Captain of the Port or his respective addresses are listed in the amend 33 CFR part 165 as follows: designated representatives. table below. You may submit comments, identified PART 165—REGULATED NAVIGATION (e) Penalties. Vessels or persons by Docket No. FEMA–B–1085, to Kevin AREAS AND LIMITED ACCESS AREAS violating this rule would be subject to C. Long, Acting Chief, Engineering the penalties set forth in 33 U.S.C. 1232 Management Branch, Mitigation 1. The authority citation for part 165 and 50 U.S.C. 192. Directorate, Federal Emergency continues to read as follows: Dated: January 11, 2010. Management Agency, 500 C Street, SW., Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. B.A. Compagnoni, Washington, DC 20472, (202) 646–2820, Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; or (e-mail) [email protected]. 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Captain, U.S. Coast Guard, Captain of the FOR FURTHER INFORMATION CONTACT: Pub. L. 107–295, 116 Stat. 2064; Department Port Honolulu. of Homeland Security Delegation No. 0170.1. [FR Doc. 2010–2470 Filed 2–4–10; 8:45 am] Kevin C. Long, Acting Chief, Engineering Management Branch, BILLING CODE 9110–04–P 2. Add § 165.T14–199 to read as Mitigation Directorate, Federal follows: Emergency Management Agency, 500 C § 165.T14–199 Safety Zone; Dive Platform Street, SW., Washington, DC 20472, Vessel, Pago Pago Harbor, American (202) 646–2820, or (e-mail) Samoa. [email protected]. (a) Location. The following area is a SUPPLEMENTARY INFORMATION: The temporary safety zone: All waters Federal Emergency Management Agency within a 200 foot (67 meter) radius (FEMA) proposes to make

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determinations of BFEs and modified Comments on any aspect of the Flood Executive Order 12988, Civil Justice BFEs for each community listed below, Insurance Study and FIRM, other than Reform. This proposed rule meets the in accordance with section 110 of the the proposed BFEs, will be considered. applicable standards of Executive Order Flood Disaster Protection Act of 1973, A letter acknowledging receipt of any 12988. 42 U.S.C. 4104, and 44 CFR 67.4(a). comments will not be sent. These proposed BFEs and modified National Environmental Policy Act. List of Subjects in 44 CFR Part 67 BFEs, together with the floodplain This proposed rule is categorically Administrative practice and management criteria required by 44 CFR excluded from the requirements of 44 procedure, Flood insurance, Reporting 60.3, are the minimum that are required. CFR part 10, Environmental and recordkeeping requirements. They should not be construed to mean Consideration. An environmental that the community must change any impact assessment has not been Accordingly, 44 CFR part 67 is existing ordinances that are more prepared. proposed to be amended as follows: stringent in their floodplain Regulatory Flexibility Act. As flood management requirements. The elevation determinations are not within PART 67—[AMENDED] community may at any time enact the scope of the Regulatory Flexibility stricter requirements of its own, or Act, 5 U.S.C. 601–612, a regulatory 1. The authority citation for part 67 pursuant to policies established by other flexibility analysis is not required. continues to read as follows: Federal, State, or regional entities. Executive Order 12866, Regulatory Authority: 42 U.S.C. 4001 et seq.; These proposed elevations are used to Planning and Review. This proposed Reorganization Plan No. 3 of 1978, 3 CFR, meet the floodplain management rule is not a significant regulatory action 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, requirements of the NFIP and are also under the criteria of section 3(f) of 3 CFR, 1979 Comp., p. 376. used to calculate the appropriate flood Executive Order 12866, as amended. § 67.4 [Amended] insurance premium rates for new Executive Order 13132, Federalism. buildings built after these elevations are This proposed rule involves no policies 2. The tables published under the made final, and for the contents in these that have federalism implications under authority of § 67.4 are proposed to be buildings. Executive Order 13132. amended as follows:

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground State City/town/county Source of flooding Location ** ∧ Elevation in meters (MSL) Existing Modified

Village of Yellow Springs, Ohio

Ohio ...... Village of Yellow Yellow Springs Creek...... Approximately 0.8 mile upstream of None +886 Springs. Grinnell Road. Approximately 0.7 mile downstream of None +905 Fairfield Road.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs 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 to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Village of Yellow Springs Maps are available for inspection at 100 Dayton Street, Yellow Springs, OH 45387. * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above Location of referenced ground Flooding source(s) elevation ** ∧ Elevation in meters Communities affected (MSL) Effective Modified

Chambers County, Alabama, and Incorporated Areas

Hardley Creek (Backwater ef- From the confluence with the Chattahoochee River to +580 +579 Unincorporated Areas of fects from Chattahoochee approximately 0.53 mile upstream of Stateline Road. Chambers County. River). Oseligee Creek ...... Approximately 1.5 mile downstream of Fredonia High- +577 +576 Unincorporated Areas of way. Chambers County. Just downstream of Fredonia Highway ...... +578 +576

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

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs 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 to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Chambers County Maps are available for inspection at 2 South LaFayette Street, Alabama, AL 36862.

Ashley County, Arkansas, and Incorporated Areas

Snake Creek ...... Approximately 1,400 feet downstream of Main Street None +131 City of Crossett. Approximately 1,200 feet downstream of Main Street None +131

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs 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 to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Crossett Maps are available for inspection at City Hall, Main Street, Crossett, AR 71635.

Hempstead County, Arkansas, and Incorporated Areas

Black Branch ...... Approximately 0.60 mile downstream of County High- None +318 Unincorporated Areas of way 118. Hempstead County. Approximately 1,850 feet upstream of Patmos Road .. None +364 North Tributary to Caney Approximately 1,200 feet downstream of Interstate None +288 Unincorporated Areas of Creek. Highway 30. Hempstead County. Approximately 1,700 feet upstream of Interstate High- None +302 way 30. Pate Creek ...... Approximately 0.62 mile downstream of South Phillips None +278 Unincorporated Areas of Drive. Hempstead County. Just upstream of County Highway 248 ...... None +311 Tributary to Caney Creek ..... Approximately 0.41 mile downstream of West 3rd None +285 Unincorporated Areas of Street. Hempstead County. Approximately 1,800 feet upstream of West 3rd Street None +299 Tributary to Pate Creek ...... At the confluence with Pate Creek ...... None +301 Unincorporated Areas of Hempstead County. Approximately 700 feet downstream of Bill Clinton None +319 Drive.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs 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 to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Hempstead County Maps are available for inspection at the County Courthouse, 400 South Washington Street, Hope, AR 71801.

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

Cumberland County, Illinois, and Incorporated Areas

Embarras River ...... Approximately 600 feet downstream of River Road None +517 Village of Jewett. extended. Approximately 1,150 feet upstream of River Road ex- None +518 tended.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs 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 to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Village of Jewett Maps are available for inspection at the Village Hall, 2 North 12th Avenue, Jewett, IL 62436.

Fulton County, Illinois, and Incorporated Areas

Copperas Creek ...... Approximately 0.52 mile downstream of U.S. Highway +455 +454 Unincorporated Areas of 24. Fulton County, Village of Banner. Approximately 0.51 mile upstream of U.S. Highway +455 +454 24. Illinois River ...... Approximately 0.88 mile downstream of County High- +454 +453 Unincorporated Areas of way 9 extended. Fulton County, Village of Banner, Village of Liver- pool. Approximately 1.09 mile upstream of Marsh Road ex- +455 +454 tended.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs 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 to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Fulton County Maps are available for inspection at the County Courthouse, Supervisor’s Office, 100 North Main Street, Lewistown, IL 61542. Village of Banner Maps are available for inspection at the Village Hall, 396 South Fulton Street, Banner, IL 61520. Village of Liverpool Maps are available for inspection at the Village Hall, 116 South State Street, Liverpool, IL 61543.

Putnam County, Illinois, and Incorporated Areas

Illinois River...... Approximately 0.83 mile downstream of the I–180 +463 +462 Unincorporated Areas of bridge. Putnam County, Village of Hennepin. Approximately 1.93 mile upstream of the IL–89 bridge +466 +463

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

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

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Putnam County Maps are available for inspection at the County Courthouse, 120 North 4th Street, Hennepin, IL 61327. Village of Hennepin Maps are available for inspection at the Village Hall, 627 East High Street, Hennepin, IL 61327.

Ballard County, Kentucky, and Incorporated Areas

Cane Creek (Backwater ef- From the confluence with Shawnee Creek Slough to +331 +330 Unincorporated Areas of fects from Mississippi approximately 2.3 miles upstream of the confluence Ballard County. River). with Shawnee Creek Slough. Hazel Creek (Backwater ef- From the confluence with Brushy Pond Creek to ap- +332 +331 Unincorporated Areas of fects from Ohio River). proximately 3.2 miles upstream of the confluence Ballard County. with Brushy Pond Creek. Humphrey Creek (Backwater From the confluence with Lucy Creek to approxi- +332 +331 Unincorporated Areas of effects from Ohio River). mately 2,007 feet upstream of the confluence with Ballard County. Lucy Creek. Humphrey Creek Tributary 9 From the confluence with Humphrey Creek to ap- +332 +331 Unincorporated Areas of (Backwater effects from proximately 1,320 feet upstream of the confluence Ballard County. Ohio River). with Humphrey Creek. Lucy Creek (Backwater ef- From the confluence with Humphrey Creek to ap- +332 +331 Unincorporated Areas of fects from Ohio River). proximately 0.45 mile upstream of the confluence Ballard County. with Humphrey Creek. Mississippi River ...... Approximately 3.5 miles downstream of the con- +330 +329 Unincorporated Areas of fluence with the Ohio River. Ballard County. Approximately 0.5 mile upstream of the confluence +331 +330 with the Ohio River. Ohio River ...... Approximately 3.0 miles upstream of the confluence +331 +330 Unincorporated Areas of with the Mississippi River. Ballard County. Approximately 6.3 miles upstream of Lock and Dam +335 +334 53. Stovall Creek (Backwater ef- From the confluence with the Mississippi River to ap- +330 +329 Unincorporated Areas of fects from Mississippi proximately 1 mile upstream of Mayfield Road. Ballard County. River).

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs 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 to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Ballard County Maps are available for inspection at 134 North 4th Street, Wickliffe, KY 42087.

Hickman County, Kentucky, and Incorporated Areas

Bayou de Chien (Backwater From the confluence with Bayou de Chien Tributary None +321 Unincorporated Areas of effects from Mississippi 12 to approximately 0.52 mile upstream of the con- Hickman County. River). fluence with Bayou de Chien Tributary 12. Bayou de Chien Tributary 12 From the confluence with Bayou de Chien to approxi- None +321 Unincorporated Areas of (Backwater effects from mately 1,900 feet upstream of the confluence with Hickman County. Mississippi River). Bayou de Chien. Bowles Creek (Backwater ef- From the confluence with Obion Creek to approxi- None +322 Unincorporated Areas of fects from Mississippi mately 1.1 mile upstream of the confluence with Hickman County. River). Obion Creek. Cane Creek (Backwater ef- From the confluence with Obion Creek to approxi- None +322 Unincorporated Areas of fects from Mississippi mately 3.1 miles upstream of the confluence with Hickman County. River). Obion Creek.

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

Cane Creek II (Backwater ef- From the confluence with Bayou de Chien to approxi- None +321 Unincorporated Areas of fects from Mississippi mately 0.8 mile upstream of the confluence with Hickman County. River). Bayou de Chien. Cane Creek II Tributary 1.3 From the confluence with Cane Creek II to approxi- None +321 Unincorporated Areas of (Backwater effects from mately 0.6 mile upstream of the confluence with Hickman County. Mississippi River). Cane Creek II. Hollingsworth Creek (Back- From the confluence with Obion Creek to approxi- None +322 Unincorporated Areas of water effects from Mis- mately 1.4 mile upstream of the confluence with Hickman County. sissippi River). Obion Creek. Hurricane Branch (Backwater From the confluence with Bayou de Chien to approxi- None +321 Unincorporated Areas of effects from Mississippi mately 1.1 miles upstream of the confluence with Hickman County. River). Bayou de Chien. Mississippi River ...... Approximately 6.3 miles upstream of the confluence None +322 Unincorporated Areas of of Obion Creek in Fulton County. Hickman County. Approximately 0.5 mile upstream of the confluence None +325 with Sandy Branch. Obion Creek (Backwater ef- Approximately 1.2 mile downstream of the confluence None +322 Unincorporated Areas of fects from Mississippi with Whayne Branch. Hickman County. River). Obion Creek Tributary 18 From the confluence with Obion Creek to approxi- None +322 Unincorporated Areas of (Backwater effects from mately 1.9 mile upstream of the confluence with Hickman County. Mississippi River). Obion Creek. Whayne Branch (Backwater From the confluence with Obion Creek to approxi- None +322 Unincorporated Areas of effects from Mississippi mately 5.2 miles upstream of the confluence with Hickman County. River). Obion Creek.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs 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 to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Hickman County Maps are available for inspection at 110 East Clay Street, Clinton, KY 42031.

Webster County, Kentucky, and Incorporated Areas

Bailey Ditch (Backwater ef- From the confluence with Knoblick Creek to approxi- None +387 Unincorporated Areas of fects from Green River). mately 0.93 mile upstream of the confluence with Webster County. Knoblick Creek. Deer Creek (Backwater ef- From the confluence with East Fork Deer Creek to None +387 Unincorporated Areas of fects from Green River). approximately 1.5 mile upstream of the confluence Webster County. with East Fork Deer Creek. East Fork Deer Creek Tribu- From the confluence with Deer Creek to approxi- None +387 Unincorporated Areas of tary 1 (Backwater effects mately 2.7 miles upstream of the confluence with Webster County. from Green River). Deer Creek. Green River ...... At approximately 1.5 mile downstream of the con- None +386 Unincorporated Areas of fluence with Groves Creek. Webster County. At approximately 5.2 miles upstream of the con- None +388 fluence with Deer Creek. Green River Tributary 219 From the confluence with the Green River to approxi- None +387 Unincorporated Areas of (Backwater effects from mately 1.5 mile upstream of the confluence with the Webster County. Green River). Green River. Groves Creek (Backwater ef- From the confluence with the Green River to approxi- None +386 Unincorporated Areas of fects from Green River). mately 5.9 miles upstream of the confluence with Webster County. the Green River. Knoblick Creek (Backwater From the confluence with Deer Creek to approxi- None +387 Unincorporated Areas of effects from Green River). mately 2.8 miles upstream of the confluence with Webster County. Deer Creek. Mock Roy Creek (Backwater From the confluence with the Green River to approxi- None +386 Unincorporated Areas of effects from Green River). mately 2.5 miles upstream of the confluence with Webster County. the Green River.

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

Pitman Creek (Backwater ef- Approximately 1,690 feet upstream of State Highway None +388 Unincorporated Areas of fects from Green River). KY–370. Webster County. At approximately 3.8 miles upstream of the con- None +388 fluence with the Green River.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs 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 to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Webster County Maps are available for inspection at 35 South U.S. 41A, Dixon, KY 42409.

Assumption Parish, Louisiana, and Incorporated Areas

Flooding Effects of Lake Approximately 1.14 mile south of the intersection of +6 +3 Unincorporated Areas of Verret. 69 State Highway and 70 State Highway. Assumption Parish. Approximately 2.46 miles south of the intersection of +6 +8 182 State Highway and 662 State Highway. Lake Verret ...... At the intersection of U.S. Highway 90 and State None +3 Unincorporated Areas of Highway 662. Assumption Parish. Along shoreline 2.5 miles east of State Highway 70 ... None +8

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs 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 to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Assumption Parish Maps are available for inspection at the Assumption Parish Hall, 4813 Highway 1, Napoleonville, LA 70390.

East Feliciana Parish, Louisiana, and Incorporated Areas

Amite River ...... Approximately 2.0 miles downstream of State High- None +110 Unincorporated Areas of way 37. East Feliciana Parish. Just downstream from the northeast corner of the None +205 county line. Pretty Creek ...... Flooding effects from Pretty Creek extending 1.0 mile None +170 Unincorporated Areas of west and 1.0 mile east from the confluence with the East Feliciana Parish. Comite River. Flooding effects from Pretty Creek extending 1.5 mile None +183 west from State Highway 10.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs 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 to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

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

ADDRESSES Unincorporated Areas of East Feliciana Parish Maps are available for inspection at 12064 Marston Street, Clinton, LA 70722.

Wicomico County, Maryland, and Incorporated Areas

Andrews Branch ...... Approximately 50 feet upstream of Gordy Mill Road ... None +42 Unincorporated Areas of Wicomico County. Approximately 350 feet upstream of Gordy Mill Road None +42 Beaglin Branch ...... Just upstream of Mount Hermon Road ...... None +34 Unincorporated Areas of Wicomico County, City of Salisbury. Just upstream of Tilghman Road ...... None +35 Brewington Branch ...... Just upstream of Conrail ...... +28 +31 Unincorporated Areas of Wicomico County, City of Salisbury. Approximately 1,000 feet upstream of Salisbury By- None +34 pass (U.S. Routes 50 and 13). Coty Cox Branch ...... Approximately 100 feet upstream of Jersey Road ...... None +29 Unincorporated Areas of Wicomico County. Approximately 1,700 feet upstream of Jersey Road .... None +30 Mayer Branch ...... Just upstream of Gordy Mill Road ...... None +40 Unincorporated Areas of Wicomico County, Town of Delmar. Approximately 1,480 feet upstream of Gordy Mill None +43 Road. Middle Neck Branch ...... Approximately 200 feet upstream of the confluence +13 +15 Unincorporated Areas of with Johnson Pond. Wicomico County, City of Salisbury. Approximately 2,000 feet upstream of Salisbury By- None +37 pass (U.S. Routes 50 and 13). Morris Prong ...... At Jackson Road ...... +34 +38 Unincorporated Areas of Wicomico County. Approximately 200 feet upstream of Jackson Road .... None +38 Owens Branch ...... Just upstream of Private Drive (located approximately None +13 Unincorporated Areas of 700 feet upstream of Nanticoke Road). Wicomico County. Approximately 2,100 feet upstream of Private Drive None +16 (located approximately 700 feet upstream of Nan- ticoke Road). Peggy Branch ...... At the confluence with Middle Neck Branch ...... +30 +32 Unincorporated Areas of Wicomico County, City of Salisbury. Just downstream of Aydelotte Road ...... +30 +32 Slab Bridge Creek ...... Just upstream of Division Street ...... +21 +22 Unincorporated Areas of Wicomico County, City of Fruitland. Just downstream of Salisbury Bypass (U.S. Routes +23 +25 13 and 50). Tonytank Creek ...... Just downstream of Riverside Drive ...... +7 +9 Unincorporated Areas of Wicomico County. At Nutters Cross Road ...... +35 +40 Tuxents Branch ...... At the confluence with Tonytank Creek ...... +7 +9 Unincorporated Areas of Wicomico County, City of Fruitland. Approximately 700 feet upstream of Camden Avenue None +19 Unnamed Tributary to At Mount Hermon Road ...... +30 +36 Unincorporated Areas of Beaglin Branch. Wicomico County, City of Salisbury. Approximately 100 feet upstream of Mount Hermon None +36 Road. White Marsh Creek ...... Just upstream of Nutters Cross Road ...... None +40 Unincorporated Areas of Wicomico County. Approximately 600 feet upstream of Nutters Cross None +40 Road.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground.

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

∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs 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 to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Fruitland Maps are available for inspection at City Hall, 20 Shady Lane, Fruitland, MD 21826. City of Salisbury Maps are available for inspection at City Hall, 125 North Division Street, Salisbury, MD 21801. Town of Delmar Maps are available for inspection at the Town Hall, East Saint Penn Avenue, Delmar, MD 21875. Unincorporated Areas of Wicomico County Maps are available for inspection at the Government Office Building, 125 North Division Street, Room 203, Salisbury, MD 21803.

Calhoun County, Michigan, and Incorporated Areas

Duck Lake ...... Entire shoreline ...... None +930 Township of Clarence. Kalamazoo River ...... Approximately 705 feet downstream of 20th Street ..... None +807 City of Springfield. Approximately 0.33 mile upstream of Angell Street ..... None +808 Kalamazoo River ...... Approximately 5 miles upstream of Interstate 69 North None +881 Township of Marshall. Approximately 200 feet downstream of Kalamazoo None +885 Avenue. Kalamazoo River ...... Approximately 1.08 mile upstream of 23 Mile Road .... None +919 Township of Sheridan. Approximately 1.1 mile upstream of 23 Mile Road ...... None +919 Approximately 1.08 mile downstream of Albion Street None +929 Approximately 0.7 mile downstream of Albion Street .. None +930 Lyon Lake ...... Entire shoreline ...... None +941 Township of Frendonia. North Branch Kalamazoo Approximately 225 feet upstream of 291⁄2 Mile Road .. None +947 Township of Sheridan. River. Approximately 0.75 mile upstream of 291⁄2 Mile Road None +947

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs 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 to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Springfield Maps are available for inspection at 601 Avenue A, Springfield, MI 49037. Township of Clarence Maps are available for inspection at 27052 R Drive North, Albion, MI 49224. Township of Frendonia Maps are available for inspection at 8803 17 Mile Road, Marshall, MI 49068. Township of Marshall Maps are available for inspection at 13551 Myron Avery Drive, Marshall, MI 49068. Township of Sheridan Maps are available for inspection at 13355 29th Mile Road, Albion, MI 49224.

Fulton County, Ohio, and Incorporated Areas

Bad Creek ...... Approximately 1,200 feet downstream of State High- None +694 Village of Delta. way 109. Approximately 50 feet downstream of State Highway None +697 109. Brush Creek ...... Approximately 0.5 mile upstream of County Highway None +713 Village of Archbold. 24. Approximately 100 feet upstream of County Highway None +724 22.

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

North Turkeyfoot Creek ...... Approximately 0.7 mile upstream of County Highway None +742 City of Wauseon. 13. Approximately 0.8 mile upstream of County Highway None +743 13.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs 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 to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Wauseon Maps are available for inspection at City Hall, 230 Clinton Street, Wauseon, OH 43567. Village of Archbold Maps are available for inspection at the Municipal Building, 300 North Defiance Street, Archbold, OH 43502. Village of Delta Maps are available for inspection at Memorial Hall, 401 Main Street, Delta, OH 43515.

Highland County, Ohio, and Incorporated Areas

. Clear Creek ...... Approximately 1.4 mile upstream of State Route 138 None +938 City of Hillsboro, Unincor- porated Areas of High- land County. Approximately 2.0 miles upstream of State Route 138 None +943 Turtle Creek ...... At the confluence with East Fork Little Miami River .... None +985 Unincorporated Areas of Highland County. Just downstream of Sycamore Street ...... None +991 Approximately 1,840 feet upstream of Sycamore None +996 Street. Approximately 0.4 mile upstream of Sycamore Street None +996

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs 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 to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Hillsboro Maps are available for inspection at City Hall, 130 North High Street, Hillsboro, OH 45133. Unincorporated Areas of Highland County Maps are available for inspection at 119 Governor Forraker Place, Second Floor, Suite 206, Highland, OH 45133.

Perry County, Ohio, and Incorporated Areas

Black Fork (Backwater ef- Upstream side of Ceramic Road ...... None +755 Unincorporated Areas of fects from Moxahala Perry County. Creek). Confluence with Moxahala Creek ...... None +755 Brehm Run ...... Confluence with Center Branch Rush Creek ...... None +824 Unincorporated Areas of Perry County. Approximately 1,640 feet upstream of Toll Gate Road None +838 Buckeye Lake ...... Entire shoreline ...... None +893 Unincorporated Areas of Perry County. Center Branch Rush Creek .. Confluence with Rush Creek ...... +812 +811 Unincorporated Areas of Perry County. Approximately 0.9 mile upstream of State Route 668 None +856

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

Clark Run ...... Approximately 0.7 mile downstream of the confluence None +805 Unincorporated Areas of with Salem Run. Perry County. Approximately 0.9 mile upstream of Mainesville Road None +819 Jonathan Creek ...... Approximately 900 feet downstream of Main Street in None +843 Unincorporated Areas of the Village of Glenford. Perry County. Approximately 830 feet upstream of State Route 204 None +847 Lideys Run ...... Confluence with Center Branch Rush Creek ...... None +813 Unincorporated Areas of Perry County. Approximately 220 feet upstream of Pen Road ...... None +817 Moxahala Creek ...... Confluence with Black Fork ...... None +755 Unincorporated Areas of Perry County, Village of Crooksville. Approximately 1,380 feet upstream of State Route None +760 669. Rush Creek ...... Approximately 1.0 mile downstream of Flagdale Road +806 +805 Unincorporated Areas of Perry County. Approximately 240 feet downstream of the confluence +811 +810 with Center Branch Rush Creek. Salem Run ...... Confluence with Clark Run ...... None +806 Unincorporated Areas of Perry County. Approximately 0.6 mile upstream of Flagdale Road .... None +824 Sunday Creek ...... Approximately 0.8 mile downstream of Main Street in None +724 Unincorporated Areas of the Village of Corning. Perry County, Village of Corning. Approximately 890 feet upstream of Adams Street in None +735 the Village of Corning. West Branch Sunday Creek Approximately 1,760 feet downstream of Main Street None +760 Unincorporated Areas of in the Village of Hemlock. Perry County, Village of Hemlock. Approximately 1,700 feet upstream of Main Street in None +767 the Village of Hemlock.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs 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 to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Perry County Maps are available for inspection at 109–A East Gay Street, Somerset, OH 43783. Village of Corning Maps are available for inspection at 115 South Corning Avenue, Corning, OH 43730. Village of Crooksville Maps are available for inspection at 98 South Buckeye Street, Crooksville, OH 43731. Village of Hemlock Maps are available for inspection at 8810 Main Street Southeast, Hemlock, OH 43730.

Sandusky County, Ohio, and Incorporated Areas

Flag Run ...... Approximately 0.4 mile downstream of North Broad- None +669 Unincorporated Areas of way Street. Sandusky County, Vil- lage of Green Springs. Approximately 1,700 feet downstream of North Broad- None +670 way Street. Portage River ...... Approximately 0.7 mile downstream of railroad ...... None +625 Unincorporated Areas of Sandusky County. Approximately 1,800 feet downstream of railroad ...... None +626 Approximately 1,300 feet upstream of South Cherry None +631 Street. Approximately 0.5 mile upstream of South Cherry None +632 Street. Sandusky River ...... Approximately 1,800 feet upstream of U.S. Route 20 None +586 City of Fremont.

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

Approximately 0.4 mile downstream of Tiffin Road ..... None +596 Victoria Creek ...... Approximately 200 feet upstream of Fort Findlay +630 +629 Village of Woodville. Road. Approximately 100 feet downstream of Grand Avenue +630 +629

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs 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 to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Fremont Maps are available for inspection at 323 South Front Street, Fremont, OH 43420. Unincorporated Areas of Sandusky County Maps are available for inspection at 606 West State Street, Fremont, OH 43420. Village of Green Springs Maps are available for inspection at 120 Catherine Street, Green Springs, OH 44836. Village of Woodville Maps are available for inspection at 219 West Main Street, Woodville, OH 43469.

Scioto County, Ohio, and Incorporated Areas

Bonser Run (Backwater ef- Approximately 1,240 feet upstream of Milldale Road .. None +538 Unincorporated Areas of fects from Ohio River). Scioto County. Approximately 620 feet upstream of Elliot Hill Road ... None +538 Candy Run (Backwater ef- Confluence with the Scioto River ...... None +535 Unincorporated Areas of fects from Scioto River). Scioto County. Approximately 0.5 mile upstream of Huston Hollow- None +535 Long Run Road. Duck Run (Backwater effects Approximately 547 feet upstream of Duck Run-Otway None +535 Unincorporated Areas of from Scioto River). Road. Scioto County. Just downstream of McDermott Pond Creek Road ..... None +535 Lick Run (Backwater effects Approximately 0.5 mile upstream of State Route 522 None +538 Unincorporated Areas of from Ohio River). Scioto County. Confluence with Pine Creek ...... None +538 Little Scioto River (Backwater Approximately 4.6 miles upstream of Dixon Mill Road None +538 Unincorporated Areas of effects from Ohio River). Scioto County. Approximately 447 feet upstream of Slocum Avenue .. None +538 Little Scioto River Tributary 3 Confluence with the Little Scioto River ...... None +538 Unincorporated Areas of (Backwater effects from Scioto County. Ohio River). Approximately 680 feet upstream of Chesapeake- None +538 Ohio Railway. Munn Run ...... Just upstream of U.S. 52 Westbound (Gallia Street) .. None +536 City of Portsmouth, Village of New Boston. Approximately 860 feet upstream of Valley Street ...... None +551 Oven Lick Run (Backwater Approximately 0.4 mile upstream of State Route 140 None +538 Unincorporated Areas of effects from Ohio River). Scioto County. Confluence with Wards Run ...... None +538 Scioto Brush Creek (Back- Approximately 840 feet downstream of McDermott None +535 Unincorporated Areas of water effects from Scioto Pond Creek Road. Scioto County. River). Approximately 0.5 mile downstream of State Route None +535 104. Swaugar Valley Run (Back- Approximately 1,250 feet downstream of Elliot Hill None +538 Unincorporated Areas of water effects from Ohio Road. Scioto County. River). Approximately 1,200 feet upstream of Elliot Hill Road None +538 Swaugar Valley Run Tribu- Confluence with Swaugar Valley Run ...... None +538 Unincorporated Areas of tary 1 (Backwater effects Scioto County. from Ohio River).

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

Approximately 600 feet upstream of Swaugar Valley None +538 Road. Wards Run (Backwater ef- Confluence with the Little Scioto River ...... None +538 Unincorporated Areas of fects from Ohio River). Scioto County. Approximately 0.7 mile upstream of State Route 140 None +538

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs 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 to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Portsmouth Maps are available for inspection at 728 2nd Street, Portsmouth, OH 45662. Unincorporated Areas of Scioto County Maps are available for inspection at 617 Court Street, Portsmouth, OH 45662. Village of New Boston Maps are available for inspection at 3980 Rhodes Avenue, New Boston, OH 45662.

Seneca County, Ohio, and Incorporated Areas

Morrison Creek (Backwater At the confluence with the Sandusky River ...... None +717 Unincorporated Areas of from Sandusky River). Seneca County. Approximately 700 feet upstream of the confluence None +717 with the Sandusky River. Sandusky River ...... Approximately 1.0 mile downstream of Huss Street .... None +709 City of Tiffin, Unincor- porated Areas of Sen- eca County. Approximately 1,600 feet downstream of U.S. Route None +745 224.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs 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 to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Tiffin Maps are available for inspection at 51 East Market Street, Tiffin, OH 44883. Unincorporated Areas of Seneca County Maps are available for inspection at 109 South Washington Street, Suite 2002, Tiffin, OH 44883.

Grady County, Oklahoma, and Incorporated Areas

Congo Creek ...... At the confluence with Washita River ...... +1,077 +1,078 City of Chickasha, Unin- corporated Areas of Grady County. Just upstream of Grand Avenue ...... +1,115 +1,117 Line Creek ...... At the confluence with Washita River ...... None +1,085 City of Chickasha, Unin- corporated Areas of Grady County. Just downstream of Highway 62 ...... +1,097 +1,099 Line Creek Split ...... Just upstream of Burlington Northern Railroad ...... None +1,093 City of Chickasha, Unin- corporated Areas of Grady County. At the confluence with Line Creek ...... None +1,099

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

Washita River ...... Approximately 1.98 mile downstream of confluence None +1,078 City of Chickasha, Unin- with Congo River. corporated Areas of Grady County. Approximately 0.81 mile upstream of N2840 ...... None +1,095

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs 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 to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Chickasha Maps are available for inspection at City Hall, 101 North 6th Street, Chickasha, OK 73018. Unincorporated Areas of Grady County Maps are available for inspection at the Grady County Floodplain Management Board, 315 West Pennsylvania Avenue, Chickasha, OK 73092.

Jackson County, Oregon, and Incorporated Areas

Daisy Creek ...... At the confluence with Griffin Creek ...... None +1,274 Unincorporated Areas of Jackson County, City of Central Point. Just upstream of Beall Lane ...... None +1,299 Elk Creek ...... At the confluence with Bear Creek ...... None +1,271 Unincorporated Areas of Jackson County, City of Central Point. Just upstream of Beall Lane ...... None +1,297 Griffin Creek ...... At the confluence with Bear Creek ...... None +1,214 Unincorporated Areas of Jackson County, City of Central Point. Just downstream of Taylor Road ...... +1,265 +1,267 Just upstream of Beall Lane ...... *1,297 +1,301 Horn Creek ...... At the confluence with Jackson Creek ...... None +1,264 Unincorporated Areas of Jackson County, City of Central Point. Just downstream of Mendolia Way ...... None +1,281 Just upstream of Grant Road ...... None +1,290 Jackson Creek ...... Just downstream of Scenic Avenue ...... None +1,235 Unincorporated Areas of Jackson County, City of Central Point. Just downstream of Taylor Road ...... None +1,266 Just upstream of Beall Lane ...... None +1,301 Jackson Creek Overbank ..... At the confluence with Jackson Creek ...... None +1,238 Unincorporated Areas of Jackson County, City of Central Point. At the divergence from Griffin Creek ...... None +1,258 Mingus Creek ...... Just downstream of Pine Street ...... None +1,261 Unincorporated Areas of Jackson County, City of Central Point. Just upstream of Highway 99 ...... None +1,295 Rouge River ...... Approximately 500 feet upstream of Savage Rapids +978 +975 Unincorporated Areas of Dam. Jackson County. Approximately 1.02 mile upstream of the confluence +992 +987 with Little Savage Creek.

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

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

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Central Point Maps are available for inspection at City Hall, 140 South 3rd Street, Central Point, OR 97502. Unincorporated Areas of Jackson County Maps are available for inspection at City Hall, 10 South Oakdale, Room 200, Medford, OR 97501.

Abbeville County, South Carolina, and Incorporated Areas

Blue Hill Creek ...... Approximately 1,546 feet downstream of South Main +468 +462 City of Abbeville. Street. Approximately 1,484 feet upstream of Vienna Street .. +500 +501 Blue Hill Creek Tributary ...... Approximately 315 feet upstream of the confluence +493 +494 City of Abbeville. with Blue Hill Creek. Approximately 100 feet upstream of Haigler Street +556 +559 Extended.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs 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 to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Abbeville Maps are available for inspection at the Fire Department, 102 South Main Street, Abbeville, SC 29620.

Edgefield County, South Carolina, and Incorporated Areas

Stevens Creek ...... Approximately 200 feet downstream of Woodland None +191 Unincorporated Areas of Road. Edgefield County. At the confluence with the Savannah River ...... None +191

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs 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 to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Edgefield County Maps are available for inspection at the County Courthouse, 124 Courthouse Square, Edgefield, SC 29824.

Brazos County, Texas, and Incorporated Areas

Bee Creek Tributary B ...... Approximately 1,700 feet downstream of Christine None +286 City of College Station. Lane. Just downstream of Southwest Parkway ...... None +292 Lick Creek ...... Approximately 1,000 feet downstream of Mission Hills +219 +216 City of College Station. Drive. Approximately 1.0 mile upstream of William D. Fitch None +253 Parkway. South Fork of Turkey Creek At the confluence with Turkey Creek ...... None +262 City of Bryan. Approximately 650 feet downstream of Farm-to-Mar- None +282 ket 2818. Turkey Creek ...... Approximately 2 miles downstream from Jones Road None +226 City of Bryan, Unincor- porated Areas of Brazos County.

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

Just downstream of Farm-to-Market 1688 ...... None +333 Turkey Creek Tributary B ..... At the confluence with Turkey Creek ...... None +250 City of Bryan. Approximately 0.6 mile upstream of the confluence None +292 with Turkey Creek Tributary B1. Turkey Creek Tributary B1 ... At the confluence with Turkey Creek Tributary B ...... None +268 City of Bryan. Approximately 0.5 mile upstream of the confluence None +290 with Turkey Creek Tributary B. Turkey Creek Tributary C ..... At the confluence with Turkey Creek ...... None +240 City of Bryan. Approximately 0.5 mile upstream of Villa Maria Road None +260 Turkey Creek Tributary D ..... At the confluence with Turkey Creek ...... None +239 City of Bryan. Just downstream of Traditions Drive ...... None +273 Turkey Creek Tributary D1 ... At the confluence with Turkey Creek Tributary D ...... None +252 City of Bryan. Approximately 1,950 feet upstream of the confluence None +276 with Turkey Creek Tributary D. Unnamed Tributary to Bee At the confluence with Bee Creek Tributary B ...... None +291 City of College Station. Creek Tributary B. Approximately 613 feet upstream of the confluence None +293 with Bee Creek Tributary B. Unnamed Tributary to White Approximately 573 feet upstream of the confluence None +277 City of College Station. Creek. with Unnamed Tributary to White Creek Tributary 3. Approximately 1,800 feet downstream of the con- None +302 fluence with White Creek Tributary 1. Unnamed Tributary to White At the confluence with Unnamed Tributary to White None +289 City of College Station. Creek Tributary 1. Creek. Approximately 1,180 feet upstream of the confluence None +300 with Unnamed Tributary to White Creek. Unnamed Tributary to White At the confluence with Unnamed Tributary to White None +295 City of College Station. Creek Tributary 2. Creek. Approximately 600 feet upstream of Farm-to-Market None +308 2818. Unnamed Tributary to White At the confluence with Unnamed Tributary to White None +300 City of College Station. Creek Tributary 3. Creek. Approximately 280 feet upstream of the confluence None +303 with Unnamed Tributary to White Creek. Wickson Creek Tributary 23 At the confluence with Wickson Creek ...... None +267 Unincorporated Areas of Brazos County. Approximately 284 feet downstream of Old Reliance None +268 Road.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs 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 to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Bryan Maps are available for inspection at 300 South Texas Avenue, 1st Floor, Engineering Services Department, Bryan, TX 77803. City of College Station Maps are available for inspection at 1101 Texas Avenue, Development Engineering Division, College Station, TX 77842. Unincorporated Areas of Brazos County Maps are available for inspection at 2617 Highway 21 West, Brazos County Road and Bridge Department, Bryan, TX 77803.

Llano County, Texas, and Incorporated Areas

Colorado River ...... Just upstream of the confluence with Spring Branch +831 +830 Unincorporated Areas of Creek. Llano County, City of Sunrise Beach Village. Approximately 1.2 mile upstream of County Highway +1,029 +1,025 222. Dry Creek ...... At the confluence with the Llano River ...... +857 +858 Unincorporated Areas of Llano County.

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

Just downstream of County Highway 3404 ...... None +860

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs 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 to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Sunrise Beach Village Maps are available for inspection at 124 Sunrise Drive, Sunrise Beach Village, TX 78643. Unincorporated Areas of Llano County Maps are available for inspection at 801 Ford Street, Llano, TX 78643.

Maverick County, Texas, and Incorporated Areas

Tributary to Seco Creek ...... Approximately 115 feet downstream of U.S. Highway +736 +737 City of Eagle Pass, Unin- 277. corporated Areas of Maverick County. Approximately 200 feet upstream of U.S. Highway +739 +740 277. Unnamed Tributary of Rio Approximately 200 feet upstream of Laura Street ...... +736 +737 Unincorporated Areas of Grande. Maverick County. Just downstream of Montemayor Street ...... None +749

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs 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 to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Eagle Pass Maps are available for inspection at 500 Quarry Street, Suite 3, Eagle Pass, TX 78852. Unincorporated Areas of Maverick County Maps are available for inspection at 100 South Monroe Street, Eagle Pass, TX 78852.

(Catalog of Federal Domestic Assistance No. DEPARTMENT OF HOMELAND Flood Elevations (BFEs) and proposed 97.022, ‘‘Flood Insurance.’’) SECURITY BFE modifications for the communities Sandra K. Knight, listed in the table below. The purpose Federal Emergency Management of this notice is to seek general Deputy Assistant Administrator for Agency information and comment regarding the Mitigation, Department of Homeland proposed regulatory flood elevations for Security, Federal Emergency Management 44 CFR Part 67 Agency. the reach described by the downstream and upstream locations in the table [FR Doc. 2010–2478 Filed 2–4–10; 8:45 am] [Docket ID FEMA–2010–0003; Internal Agency Docket No. FEMA–B–1091] below. The BFEs and modified BFEs are BILLING CODE 9110–12–P a part of the floodplain management Proposed Flood Elevation measures that the community is Determinations required either to adopt or show AGENCY: Federal Emergency evidence of having in effect in order to Management Agency, DHS. qualify or remain qualified for ACTION: Proposed rule. participation in the National Flood Insurance Program (NFIP). In addition, SUMMARY: Comments are requested on these elevations, once finalized, will be the proposed Base (1% annual-chance) used by insurance agents, and others to

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calculate appropriate flood insurance These proposed BFEs and modified Act, 5 U.S.C. 601–612, a regulatory premium rates for new buildings and BFEs, together with the floodplain flexibility analysis is not required. the contents in those buildings. management criteria required by 44 CFR Executive Order 12866, Regulatory DATES: Comments are to be submitted 60.3, are the minimum that are required. Planning and Review. This proposed on or before May 6, 2010. They should not be construed to mean rule is not a significant regulatory action ADDRESSES: The corresponding that the community must change any under the criteria of section 3(f) of preliminary Flood Insurance Rate Map existing ordinances that are more Executive Order 12866, as amended. (FIRM) for the proposed BFEs for each stringent in their floodplain Executive Order 13132, Federalism. community is available for inspection at management requirements. The This proposed rule involves no policies the community’s map repository. The community may at any time enact that have federalism implications under respective addresses are listed in the stricter requirements of its own, or Executive Order 13132. table below. pursuant to policies established by other Executive Order 12988, Civil Justice You may submit comments, identified Federal, State, or regional entities. Reform. This proposed rule meets the by Docket No. FEMA–B–1091, to Kevin These proposed elevations are used to applicable standards of Executive Order C. Long, Acting Chief, Engineering meet the floodplain management 12988. Management Branch, Mitigation requirements of the NFIP and are also Directorate, Federal Emergency used to calculate the appropriate flood List of Subjects in 44 CFR Part 67 Management Agency, 500 C Street, SW., insurance premium rates for new Administrative practice and Washington, DC 20472, (202) 646–2820, buildings built after these elevations are procedure, Flood insurance, Reporting or (e-mail) [email protected]. made final, and for the contents in these and recordkeeping requirements. FOR FURTHER INFORMATION CONTACT: buildings. Kevin C. Long, Acting Chief, Comments on any aspect of the Flood Accordingly, 44 CFR part 67 is Engineering Management Branch, Insurance Study and FIRM, other than proposed to be amended as follows: Mitigation Directorate, Federal the proposed BFEs, will be considered. PART 67—[AMENDED] Emergency Management Agency, 500 C A letter acknowledging receipt of any Street, SW., Washington, DC 20472, comments will not be sent. 1. The authority citation for part 67 (202) 646–2820, or (e-mail) National Environmental Policy Act. continues to read as follows: [email protected]. This proposed rule is categorically Authority: 42 U.S.C. 4001 et seq.; SUPPLEMENTARY INFORMATION: The excluded from the requirements of 44 Reorganization Plan No. 3 of 1978, 3 CFR, Federal Emergency Management Agency CFR part 10, Environmental 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, (FEMA) proposes to make Consideration. An environmental 3 CFR, 1979 Comp., p. 376. determinations of BFEs and modified impact assessment has not been BFEs for each community listed below, prepared. § 67.4 [Amended] in accordance with section 110 of the Regulatory Flexibility Act. As flood 2. The tables published under the Flood Disaster Protection Act of 1973, elevation determinations are not within authority of § 67.4 are proposed to be 42 U.S.C. 4104, and 44 CFR 67.4(a). the scope of the Regulatory Flexibility amended as follows:

* 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

Hot Spring County, Arkansas, and Incorporated Areas

Chatman Creek...... Approximately 900 feet downstream of Grigsby None +254 Unincorporated Areas of Hot Ford Road. Spring County. Just upstream of State Highway 9 ...... None +307 Rockport Creek ...... Approximately 2,300 feet downstream of Martin Lu- None +260 Unincorporated Areas of Hot ther King Boulevard. Spring County. Approximately 1,300 feet downstream of Martin Lu- None +263 ther King Boulevard. Town Creek ...... Approximately 2,300 feet downstream of Walco None +253 Unincorporated Areas of Hot Road. Spring County. Just downstream of Mount Willow Road ...... None +298

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs 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 to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

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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

ADDRESSES Unincorporated Areas of Hot Spring County Maps are available for inspection at 210 Locust Street, Malvern, AR 72104.

Logan County, Arkansas, and Incorporated Areas

Arkansas River ...... Just upstream of State Highway 109 ...... None +351 Town of Morrison Bluff. Booneville Creek...... Approximately 0.75 mile upstream of confluence None +443 City of Booneville. with Petit Jean River. Booneville Creek Tributary Just upstream of the City of Booneville/Logan None +446 City of Booneville. No. 1. County southeast boundary. Cane Creek ...... Flooding effects near 5th Street and the Tributary None +352 Town of Scranton. of Cane Creek. Flooding effects just southeast of 5th and Cherry None +355 Streets, near the Town of Scranton’s southeast boundary. Petit Jean River ...... Just upstream of the City of Booneville/Logan None +443 City of Booneville. County southeast boundary. Short Mountain Creek Trib- Just upstream of confluence with Short Mountain None +375 Unincorporated Areas of utary. Creek. Logan County. Just upstream of Cherry Street ...... None +425 Approximately 1,800 feet upstream of Cherry Street None +432

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs 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 to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Booneville Maps are available for inspection at 497 East Main Street, Suite A, Booneville, AR 72927. Town of Morrison Bluff Maps are available for inspection at 22189 North Highway 109, Scranton, AR 72863. Town of Scranton Maps are available for inspection at 203 Park Avenue, Scranton, AR 72863. Unincorporated Areas of Logan County Maps are available for inspection at the OEM Training Center, 205 East Maple Street, Paris, AR 72855.

St. James Parish, Louisiana, and Incorporated Areas

Mississippi River ...... Approximately 0.9 mile downstream of State High- None +27 Unincorporated Areas of St. way 3213. James Parish, Town of Gra- mercy, Town of Lutcher. Approximately 1.2 mile upstream of State Highway None +28 3213. Storage Areas from the Gulf Approximately 1,079 feet south of State Highway None +1 Unincorporated Areas of St. (D2G model). 643. James Parish. Approximately 60 feet south of the intersection of None +14 Sidney Road and Missouri Pacific Railroad, along the east side of the rail line.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs 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 to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

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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

ADDRESSES Town of Gramercy Maps are available for inspection at 120 North Montz Avenue, Gramercy, LA 70052. Town of Lutcher Maps are available for inspection at 2500 Louisiana Avenue, Lutcher, LA 70071. Unincorporated Areas of St. James Parish Maps are available for inspection at 5800 Highway 44, Convent, LA 70723.

Caddo County, Oklahoma, and Incorporated Areas

Deer Creek East Tributary .. Approximately 250 feet upstream of N2480 Road ... +1,486 +1,484 Unincorporated Areas of Caddo County. Approximately 1,700 feet upstream of N2480 Road +1,501 +1,503

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs 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 to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Caddo County Maps are available for inspection at the County Courthouse, 201 West Oklahoma Avenue, Room 11, Anadarko, OK 73005.

Hopkins County, Texas, and Incorporated Areas

Coleman Creek ...... Approximately 0.56 mile upstream of State High- None +437 Unincorporated Areas of Hop- way 19. kins County. Approximately 600 feet upstream of State Highway None +445 19. Gena Creek ...... Just upstream of FM Road 1870 ...... None +440 Unincorporated Areas of Hop- kins County. Approximately 1.04 mile upstream of FM Road None +457 1870. Rock Creek ...... Just downstream of unnamed railroad ...... None +421 Unincorporated Areas of Hop- kins County. Approximately 500 feet upstream of Holiday Drive None +476 Turtle Creek ...... Just upstream of State Highway 11 ...... None +481 Unincorporated Areas of Hop- kins County. Just upstream of unnamed railroad ...... None +494

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs 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 to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Hopkins County Maps are available for inspection at the County Courthouse, 118 Church Street, Sulphur Springs, TX 75483.

Robertson County, Texas, and Incorporated Areas

Little Brazos River ...... At the confluence with Lost Creek ...... None +268 Unincorporated Areas of Rob- ertson County. Just downstream of Gifford Hill Road ...... None +276 Lost Creek ...... At the confluence with the Little Brazos River ...... None +268 Unincorporated Areas of Rob- ertson County. Just downstream of Union Pacific Railroad ...... None +272

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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

Approximately 1,900 feet downstream of Black None +305 Jack Road. Approximately 800 feet upstream of Old Henry None +338 Prairie Road. Sandy Creek ...... At the confluence with the Little Brazos River ...... None +274 Unincorporated Areas of Rob- ertson County. Just downstream of Vaughn Lane ...... None +287 Just upstream of the Union Pacific Railroad ...... None +302 Approximately 1,970 feet upstream of the con- None +320 fluence with Sandy Creek Tributary 3. Sandy Creek Tributary 2 .... At the confluence with Sandy Creek ...... None +312 Unincorporated Areas of Rob- ertson County. Approximately 1,400 feet upstream of the con- None +314 fluence with Sandy Creek.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs 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 to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Robertson County Maps are available for inspection at P.O. Box 427, Franklin, TX 77856.

(Catalog of Federal Domestic Assistance No. FOR FURTHER INFORMATION CONTACT: These proposed elevations are used to 97.022, ‘‘Flood Insurance.’’) Kevin C. Long, Acting Chief, meet the floodplain management Sandra K. Knight, Engineering Management Branch, requirements of the NFIP and are also Deputy Assistant Administrator for Mitigation Directorate, Federal used to calculate the appropriate flood Mitigation, Department of Homeland Emergency Management Agency, 500 C insurance premium rates for new Security, Federal Emergency Management Street, SW., Washington, DC 20472, buildings built after these elevations are Agency. (202) 646–2820 or (e-mail) made final, and for the contents in these [FR Doc. 2010–2493 Filed 2–4–10; 8:45 am] [email protected]. buildings. BILLING CODE 9110–12–P SUPPLEMENTARY INFORMATION: The Correction Federal Emergency Management Agency FEMA is correcting a table in a DEPARTMENT OF HOMELAND (FEMA) proposes determinations of proposed rule which published on SECURITY Base (1% annual-chance) Flood September 8, 2009, at 74 FR 46047. The Elevations (BFEs) and modified BFEs for table for Carroll County, Arkansas, and Federal Emergency Management communities participating in the Incorporated Areas contained incorrect Agency National Flood Insurance Program information for the flooding source (NFIP), in accordance with section 110 ‘‘Leatherwood Creek.’’ 44 CFR Part 67 of the Flood Disaster Protection Act of The September 8, 2009, proposed rule 1973, 42 U.S.C. 4104, and 44 CFR contained a table entitled ‘‘Carroll [Docket ID FEMA–2010–0003; Internal 67.4(a). These proposed BFEs and County, Arkansas, and Incorporated Agency Docket No. FEMA–B–1066] modified BFEs, together with the Areas,’’ which contained errors. For floodplain management criteria required flooding source ‘‘Leatherwood Creek,’’ Proposed Flood Elevation by 44 CFR 60.3, are minimum the table contained inaccurate Determinations requirements. They should not be information as to the communities construed to mean that the community affected. FEMA is now publishing a AGENCY: Federal Emergency must change any existing ordinances revised table for Carroll County, Management Agency, DHS. that are more stringent in their Arkansas, and Incorporated Areas, ACTION: Proposed rule; correction. floodplain management requirements. containing the accurate information, to The community may at any time enact address these prior errors. The SUMMARY: FEMA is correcting a table for stricter requirements of its own, or information provided in the table below Carroll County, Arkansas, and pursuant to policies established by other should be used in lieu of the table Incorporated Areas. Federal, State, or regional entities. published on September 8, 2009.

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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

Carroll County, Arkansas, and Incorporated Areas

Leatherwood Creek ...... Approximately 0.61 miles upstream of Magnetic Road None +1,109 City of Eureka Springs, Unincorporated Areas of Carroll County. Approximately 1,250 feet upstream of Magnetic Road None +1,131

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs 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 to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Eureka Springs Maps are available for inspection at City Hall, 44 South Main Street, Eureka Springs, AR 72632. Unincorporated Areas of Carroll County Maps are available for inspection at the County Courthouse, 210 West Church Street, Berryville, AR 72616.

(Catalog of Federal Domestic Assistance No. Engineering Management Branch, requirements of the NFIP and are also 97.022, ‘‘Flood Insurance.’’) Mitigation Directorate, Federal used to calculate the appropriate flood Sandra K. Knight, Emergency Management Agency, 500 C insurance premium rates for new Deputy Assistant Administrator for Street, SW., Washington, DC 20472, buildings built after these elevations are Mitigation, Department of Homeland Security (202) 646–2820 or (e-mail) made final, and for the contents in these Federal Emergency Management Agency. [email protected]. buildings. [FR Doc. 2010–2490 Filed 2–4–10; 8:45 am] SUPPLEMENTARY INFORMATION: The Correction BILLING CODE 9110–12–P Federal Emergency Management Agency (FEMA) proposes determinations of FEMA is correcting a table in a Base (1% annual-chance) Flood proposed rule which published on May DEPARTMENT OF HOMELAND Elevations (BFEs) and modified BFEs for 26, 2009, at 74 FR 24729. The table for SECURITY communities participating in the Ransom County, North Dakota, and National Flood Insurance Program Federal Emergency Management Incorporated Areas contained incorrect (NFIP), in accordance with section 110 Agency information for the flooding source of the Flood Disaster Protection Act of ‘‘Sheyenne River.’’ 1973, 42 U.S.C. 4104, and 44 CFR 44 CFR Part 67 67.4(a). These proposed BFEs and The May 26, 2009, proposed rule [Docket ID FEMA–2010–0003; [Internal modified BFEs, together with the contained a table entitled ‘‘Ransom Agency Docket No. FEMA–B–1053] floodplain management criteria required County, North Dakota, and Incorporated by 44 CFR 60.3, are minimum Areas,’’ which contained errors. For Proposed Flood Elevation requirements. They should not be flooding source ‘‘Sheyenne River,’’ the Determinations construed to mean that the community table contained inaccurate information AGENCY: Federal Emergency must change any existing ordinances as to the communities affected. FEMA is Management Agency, DHS. that are more stringent in their now publishing a revised table for Ransom County, North Dakota, and ACTION: Proposed rule; correction. floodplain management requirements. The community may at any time enact Incorporated Areas, containing the SUMMARY: FEMA is correcting a table for stricter requirements of its own, or accurate information, to address these Ransom County, North Dakota, and pursuant to policies established by other prior errors. The information provided Incorporated Areas. Federal, State, or regional entities. in the table below should be used in FOR FURTHER INFORMATION CONTACT: These proposed elevations are used to lieu of the table published on May 26, Kevin C. Long, Acting Chief, meet the floodplain management 2009.

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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

Ransom County, North Dakota, and Incorporated Areas

Sheyenne River ...... Approximately 1,064 feet upstream of Richland Coun- None +990 City of Fort Ransom, City ty boundary. of Lisbon, Unincor- porated Areas of Ran- som County.

Approximately 7,465 feet downstream of State High- None +1,160 way 46.

* National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs 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 to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Fort Ransom Maps are available for inspection at P.O. Box 17, Fort Ransom, ND 58033. City of Lisbon Maps are available for inspection at P.O. Box 1079, Lisbon, ND 58054. Unincorporated Areas of Ransom County Maps are available for inspection at 204 5th Avenue West, Lisbon, ND 58054–4115.

(Catalog of Federal Domestic Assistance No. by a final rule, published on June 16, • Federal eRulemaking Portal: Go to 97.022, ‘‘Flood Insurance.’’) 2008, that responded to petitions for http://www.regulations.gov. Follow the Sandra K. Knight, reconsideration of a December 2006 online instructions for submitting final rule that had adopted comments. Deputy Assistant Administrator for • Mitigation, Department of Homeland specifications and qualification Mail: Docket Management Facility: Security, Federal Emergency Management requirements for a new crash test U.S. Department of Transportation, 1200 Agency. dummy called the ‘‘ES–2re’’ test dummy. New Jersey Avenue, SE., West Building [FR Doc. 2010–2491 Filed 2–4–10; 8:45 am] The ES–2re is a 50th percentile adult Ground Floor, Room W12–140, Washington, DC 20590–0001. BILLING CODE 9110–12–P male side impact crash test dummy that • will be used in an upgraded Federal Hand Delivery or Courier: West Building Ground Floor, Room W12–140, motor vehicle safety standard on side 1200 New Jersey Avenue, SE., between impact protection and in the agency’s DEPARTMENT OF TRANSPORTATION 9 a.m. and 5 p.m. ET, Monday through New Car Assessment Program. This National Highway Traffic Safety Friday, except Federal holidays. NPRM responds to requests from test • Fax: 202–493–2251. Administration dummy manufacturers First Technology Instructions: For detailed instructions Safety Systems (FTSS) and Denton ATD 49 CFR Part 572 on submitting comments and additional (Denton) to correct or make minor information on the rulemaking process, [Docket No. NHTSA–2009–0194] adjustments to the drawings of the ES– see the Public Participation heading of 2re. This NPRM would also correct the SUPPLEMENTARY INFORMATION section RIN 2127–AK64 dimensional errors in Figure 22 of 49 of this document. Note that all CFR part 572, subpart E, which depicts Anthropomorphic Test Devices; Hybrid comments received will be posted the pendulum used in the neck without change to http:// III Test Dummy, ES–2re Side Impact qualification tests of several of the crash Crash Test Dummy www.regulations.gov, including any test dummies, including the Hybrid III personal information provided. Please AGENCY: National Highway Traffic and ES–2re test dummies. see the Privacy Act heading below. Safety Administration (NHTSA), DATES: You should submit your Privacy Act: Anyone is able to search Department of Transportation. comments early enough to ensure that the electronic form of all comments ACTION: Notice of proposed rulemaking they are received not later than April 6, received into any of our dockets by the (NPRM). 2010. name of the individual submitting the comment (or signing the comment, if SUMMARY: This document proposes ADDRESSES: You may submit comments submitted on behalf of an association, corrections or minor changes to some of (identified by the Docket ID Number business, labor union, etc.). You may the drawings incorporated by reference above) by any of the following methods: review DOT’s complete Privacy Act

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Statement in the Federal Register dummies (e.g., the Hybrid III 50th Assembly, Right. Therefore, we have published on April 11, 2000 (65 FR percentile adult male). tentatively determined that the 19477–78). dimension 17.0556 should be changed II. FTSS Requested Changes Docket: For access to the docket to to (17), a reference dimension. Also, the read background documents or FTSS requested the following 18 suggested R0.5 dimension appears to be comments received, go to http:// changes to the ES–2re drawing package. acceptable and would eliminate any www.regulations.gov or the street The petitioner’s requests are set forth sharp corners in this area. However, we address listed above. Follow the online verbatim in the list below, and do not agree that the ±0.05 tolerance on instructions for accessing the dockets. following each request is NHTSA’s the ‘‘;20.03’’ dimension is restrictive. FOR FURTHER INFORMATION CONTACT: For tentative decision on the request. The tolerance is necessary in order to non-legal issues, you may call Mr. Peter Comments are requested on the agency’s avoid a potential interference problem Martin, NHTSA Office of responses. with the mating part, 175–6001, Crashworthiness Standards (telephone 1. ‘‘Drawing 175–1011, Top Plate Bushing. In the course of investigating 202–366–5668) (fax 202–493–2990). For UNLC Blank. Fix typographical errors this comment, we determined that the legal issues, you may call Ms. Deirdre for dimensions, M;5.0, M;6.0, M;6, current ‘‘;20.03 ± 0.05’’ dimension Fujita, NHTSA Office of Chief Counsel and M;2.5. Eliminate the ; symbol.’’ could also lead to interference, so we (telephone 202–366–2992) (fax 202– NHTSA agrees and would remove the ; have changed it to ‘‘;20.05 ± 0.05.’’ 366–3820). You may send mail to these symbol from the dimensions listed by Apart from FTSS’s comments, we officials at the National Highway Traffic FTSS. noticed that the material reference block Safety Administration, 1200 New Jersey 2. ‘‘Drawing 175–3502, Pivot Stop was mistakenly left blank. We therefore Avenue, SE., Washington, DC 20590. Plate, Left. Fix typographical error on propose to specify the material to be SUPPLEMENTARY INFORMATION: Note #4. Replace RH with LH since this ‘‘PU Resin’’ (polyurethane) which is a left hand part.’’ NHTSA agrees with matches the material callout on for the I. Background this correction. right iliac wing, drawing 175–6002. NHTSA published a final rule on June 3. ‘‘Drawing 175–6006, Pubic 6. FTSS states: 16, 2008 (73 FR 33903, Docket No. Symphysis Structural Replacement. There is a Part Mark located at the Drawing 175–6063, Femur Bearing Plate, NHTSA–08–0111) that responded to Left. Fix typographical errors for drawing various petitions for reconsideration of center of the part. This Part Mark is not dimensions ‘‘17.5000 ± 0.0001’’ and ‘‘48.3000 its previous rule 1 incorporating a new defined. FTSS recommends that the Part ± 0.0001’’. The tolerances are too tight to mid-size adult male crash test dummy, Mark be clarified or removed altogether reasonably achieve at four decimal places called the ‘‘ES–2re’’ test dummy, into 49 from the drawing.’’ NHTSA agrees that and would add unnecessary expense when CFR part 572. The ES–2re will be used the part mark is unnecessary and should making the part. FTSS recommends that in an upgraded Federal Motor Vehicle be removed from the drawing. these dimensions should be specified as ‘‘ ± ’’ ‘‘ ’’ Safety Standard No. 214, ‘‘Side impact 4. FTSS states: 17.5 0.5 and 48.3 . These recommended dimensions would also match the existing protection,’’ and in the agency’s New Drawing 175–6012, Hip Pivot Pin. FTSS dimensions on the Femur Bearing Plate, ¥ Car Assessment Program beginning with believes that dimension ‘‘16.994 +0.000/ Right (NHTSA Drawing 175–6068). vehicle model year 2010. The June 16, 0.011’’ is a typographical error and should be NHTSA agrees with FTSS and 2008 final rule incorporated by dimensioned as ‘‘16.990 +0.000/¥0.011’’. The proposes to change the ‘‘48.3000 ± reference a drawing package, parts list, Hip Pivot Pin mates to part number 5000110 0.0001’’ dimension to ‘‘48.3.’’ The and user’s manual, all dated February (Ball Bearing)—which has an ID dimension of 17.000 +0.000/¥0.008 (vendor 17.5000 dimension for hole depth in 2008. specification). The bearing at a nominal zone C–2 has been changed to (17.5) to After publication of the June 16, 2008 dimension of 16.992 would not allow a Hip final rule, NHTSA received requests indicate a reference since the depth is Pivot Pin at its maximum diameter of 16.994 already called out in the hole size from dummy manufacturers FTSS and to fit within the bearing. Denton to correct errors in and make dimension in zone D–2. Also, NHTSA NHTSA agrees that with the currently minor changes to the ES–2re drawing has fixed a typo in zone D–1 by specified dimensions, the pin may not package. Many of these requested eliminating an extra ‘‘R’’ in the R23.5 fit within the bearing as described by changes were wholly corrective, while dimension. FTSS. Therefore, we agree with FTSS’s 7. ‘‘Drawing 175–6068, Femur Bearing others, although minor, were more request. Plate, Right. Fix typographical errors by substantive and notice of such changes 5. FTSS states: removing the parenthesis from around appeared beneficial. Rather than dimensions ‘(48.3)’ and ‘(17.5 ± 0.5)’. respond to the requested changes Drawing 175–6010, Iliac Wing Assembly, This will maintain consistency between piecemeal, the agency has decided to Left. Fix typographical error for drawing dimension ‘‘17.0556’’. This dimension should NHTSA Drawings 175–6068 and 175– address all the requested changes with be ‘‘17’’ since it is not reasonable to control 6063.’’ this NPRM. Accordingly, we are issuing and measure this molded part to four decimal NHTSA agrees with FTSS that the this NPRM to correct the ES–2re places and ‘‘17’’ also matches the same 48.3 dimension should not be a drawing package and to make dimension as the Iliac Wing Assembly, Right reference dimension, and the corresponding changes to the parts list. (NHTSA Drawing 175–6002). FTSS also parentheses indicating this is a In addition, we are also proposing to recommends that the drawing dimension reference dimension should be clarify the inclusion of load sensors and ‘‘;20.03’’ be replaced with ‘‘;20.03 ± 0.10’’ removed. However, NHTSA does not to correct dimensional errors we found since this dimension cannot be controlled to ± agree that the parentheses should be in Figure 22 of 49 CFR part 572, which a tolerance of 0.05. We also recommend the addition of dimension ‘‘R0.5’’ to better define removed from ‘(17.5 ± 0.5)’. This should is a figure illustrating the pendulum this location for easier machining of this remain a reference dimension since the used in the neck qualification test for particular section of the part and to prevent depth is already called out in the hole the ES–2re and other adult crash test breakage due to concentrated stresses. size dimension in zone D–2. 8. FTSS states: 1 That final rule adopting the ES–2re into 49 CFR NHTSA agrees that dimensions on part 572 was published December 14, 2006 (71 FR this drawing should be consistent with Drawing 175–6002, Iliac Wing Assembly, 75303, Docket No. NHTSA–04–25441). those on Drawing 175–6002, Iliac Wing Right. FTSS recommends that the drawing

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dimension ‘‘;20.03’’ be replaced with in question passes through the flange of Molded, Right drawing (NHTSA ‘‘;20.03 ± 0.10’’ since this dimension cannot the Neck Bracket, which is 12 mm thick. Drawing 175–7090–2).’’ ± be controlled to 0.05. We also recommend Thus, the total stack height is 45.5 mm. NHTSA agrees that the (2x ;;24) the addition of dimension ‘‘R0.5’’ to better This includes the Neck Bracket (12 dimension should be changed to (2x define this location for easier machining of ; ; this particular section of the part and to mm), the Shoulder Top Plate (8 mm), 24) and that (2x 14) should be prevent breakage due to concentrated and the Shoulder Spacer Block (25.5 changed to (2x14). stresses. mm). Thus, the 35 mm bolt is not too 15. ‘‘Drawing 175–9013, Bearing. The long, as FTSS suggests. We note that a drawing has a reference to Note #2 in As discussed in item 5 above, NHTSA 30 mm bolt, which FTSS recommends, the revision record (REV B), but the note agrees that defining a radius of 0.5 mm would work for this application. is missing from the ‘‘NOTES’’ field. as suggested would be beneficial, but we However, the 35 mm bolt is a better FTSS recommends that the note be do not agree that the tolerance of the choice because it provides more thread added to the note field, or the note ; 20.03 dimension should be increased engagement with the Shoulder Spacer reference be eliminated from the to ±0.10. Furthermore, we have changed ± Block. revision record.’’ the dimension to ‘‘;20.05 0.05’’ for the 11. ‘‘Drawing 175–3011, CAM Buffer NHTSA believes that revision record reasons cited in response to item 5. Pad. FTSS has noted that the current B is incorrect, and should be corrected 9. FTSS states: dimensions for this part have tolerances to read ‘‘ADDED REF. TO MATERIAL Drawing 175–2003, Plate, Neck Head & that are too tight to accurately control a SPECIFICATION’’. Torso Interface. FTSS recommends that molded part. We recommend that the 16. ‘‘Drawing 175–9014, Pin NHTSA part number 5000049 Helicoil, M6 x NHTSA drawing dimensions: ‘‘;5.0’’, Machined. Correct typographical error 1 x 6, be replaced with part number 5000729 ‘‘90.0’’, ‘‘5.0’’, and ‘‘21.2 ± 0.2’’ be for missing revision indicator for REV B Helicoil M6 x 1 x 4.5 because the 5000049 replaced with these dimensions: ‘‘;5’’, on the Material Reference. The revision Helicoil is too long and may not sit below the ± machined surface due to stack up tolerance ‘‘90’’, ‘‘5’’, ‘‘21.2 0.3’’.’’ record states ‘‘ADDED REF. TO of parts. FTSS also suggests the addition of NHTSA agrees to the changes. MATERIAL SPECIFICATION’’; however dimension ‘‘4X R3.2 to the Surface’’ on Detail Although this part is essentially a no revision reference bubble was Z in order to clarify the dimension. protection device for the shoulder cam added.’’ NHTSA concurs that, with regard to clavicle, it does not need to be NHTSA agrees that a reference the Helicoil, Section C–C of the drawing manufactured to exact tolerances. There indicator for revision ‘‘B’’ should be shows that the thickness of the part in are no critical fit issues with any of the added next to the material specification. 17. FTSS states: that section is 5 mm and thus the M6 dimensions listed in the request. 12. ‘‘Drawing 175–7058, Friction Plate x 1 x 6 helicoil (which is 6 mm in Drawing 175–9027, Lower Mounting Base. Retaining Stud. FTSS believes that the length) would be too long. We agree this FTSS recommends that the following NHTSA Datum A tolerance of ‘‘.0003’’ for the ‘‘ ¥ ’’ ‘‘ ¥ ’’ part should be changed to ‘‘Helicoil, M6 dimensions 92.5 +0/ 0.2 , 66.5 +0/ 0.2 , perpendicular surfaces is unnecessarily and ‘‘4 x 6 x 45°’’ be replaced with ‘‘91.4 +0/ x 1 x 4.5.’’ In accordance with this tight at four decimal places. FTSS ¥0.2’’, ‘‘66.0 +0/¥0.2’’, and ‘‘4 x 9.7 x 45°’’ change, part 5000729, Helicoil, M6 x 1 stated, ‘‘We recommend a tolerance of respectively. We recommend these changes x 4.5, should replace part 5000049, ‘.003’ because the NHTSA tolerance is due to the wider tolerances associated with Helicoil M6 x 1 x 6 on the parts/ typical product dimensions specified for the too tight to be reasonably measured and drawings list. With regard to the ‘‘4 x 3″ x 4″ tubular steel beam that the Lower therefore accurately controlled. R3.2 to the Surface’’ note, we agree that Mounting Base fits into. These tolerances are Furthermore, at tolerance of ‘.0003’ ± this note is acceptable, as it defines a typically 0.030 for the tubular beam so our would add unnecessary cost to the part.’’ recommended dimensional changes for the clearance space for the fastener. The agency agrees that the tolerance Lower Mounting Base is necessary to 10. FTSS states: is unnecessarily restrictive and can be guarantee that the Lower Mounting Base will Drawing 175–3000, Shoulder Assembly. changed to 0.003 in for the reasons fit into the wide variety of pendulums beams FTSS recommends that NHTSA part number listed by FTSS. in the marketplace. 5000014 SHCS, M6 x 1 x 35, be replaced with 13. ‘‘Drawing 175–7085–1, Knee Our decision at this point is not to part number 5000008 SHCS, M6 x 1 x 30 because the 5000014 SHCS is too long to Flesh, Left. There is a note on the agree with the requested dimensional 1 ″ properly secure the assembled parts. The M6 drawing that states: ⁄4 OVER WIDTH changes. The parts presently owned by x 1 x 35 SHCS is supposed to secure the ‘‘A’’ FOR 180°. But, ‘‘A’’ is not defined NHTSA, which were purchased from Shoulder Top Plate (175–3008) to the on the drawing. However, ‘‘A’’ is defined FTSS, do not meet the requested Shoulder Spacer Block (175–3002). However, on the corresponding drawing 175– dimensions. They do, however, fall the Shoulder Top Plate has a material 7085–2, Knee Flesh, Right. FTSS within the tolerances of the dimensions thickness of 8 mm and the Shoulder Spacer recommends that drawing 175–7085–1 currently specified on the drawing. We Block has a material thickness of 25.5 mm. be corrected to add a definition for ‘‘A’’ have tentatively decided not to make the Together, the overall thickness of the combined parts is 33.5 mm—which is 1.5 to match drawing 175–7085–2—which suggested change to this drawing. 3 ″ mm shallower than the length of the 35 mm specifies that ‘‘A = 1 ⁄4 .’’ 18. FTSS states: long SHCS. This will create a condition NHTSA agrees that the Knee Flesh Drawing SA572–S71–1, Lower Neck Load where the 35 mm SHCS will not clamp the Left and Right drawings should be Cell Assembly. FTSS recommends that parts properly. A M6 x 1 x 30 SHCS will consistent and therefore ‘‘A’’ be defined specification of the part weight be correct[ed] provide a 3.5 mm clearance to the bottom of on Drawing 175–7085–1 as it is on 175– to include the weight of the two connector/ the threaded holes on the Shoulder Spacer 7085–2. cable assemblies. The weight currently Block and is therefore an appropriate fastener 14. ‘‘Drawing 175–7090–1, Thigh specified for this part in the NHTSA drawing for this application. Molded, Left. Fix typographical errors is ‘‘0.8 lb./0.36 kg MAX.’’ However, this NHTSA is denying this request. In for drawing dimensions ‘‘(2x ;;24)’’ weight does not include the weight of the determining that the 35 mm bolt and ‘‘(2x ;14)’’. These dimensions electrical connector/cable assemblies. Since ; the cables are hard wired to the load cell, specified in Item 17 is too long, FTSS should be listed as ‘‘(2x 24)’’ and they need to be included in the total weight. apparently failed to recognize that the ‘‘(2x14)’’. Removal of extra or redundant Therefore, we request that the assembly Neck Bracket (175–2501) also sits on top ; symbol is required. This would also weight be listed as ‘‘0.93 lb./0.42 kg MAX’’ to of the Shoulder Top Plate and the bolt make this part consistent with the Thigh include the two cable assemblies.

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We have some concerns about this supplier. We would like to request that Therefore, we are denying the request recommendation. We concur that the the specification for the material be and are maintaining a spring length currently specified weight, 0.8 lb/0.36 more generic or add ‘‘Or Equivalent’’ to tolerance of +/¥ 1 mm. kg, is the nominal weight of the lower the specification.’’ 6. Denton states: neck load cell only. It does not include We are denying the request as redundant. Because the drawing already Drawing Nos. 175–7053–1, 175–7053–3 & the mass of the cable assemblies or the 175–7055: NHTSA drawing specifies [a] bracket. However, the critical mass is indicates that this material is a reference through hole diameter of .373 +.0005/ that of the entire assembly—not the load for material selection and thus another ¥.0000. We believe the hole diameter is too cell alone—as it should match the equivalent material can be used, it is small and the tolerance is unnecessarily corresponding mass of the structural unnecessary to add ‘‘or equivalent.’’ tight. At minimum diameter condition of the replacement (drawing 175–2501). 3. ‘‘Drawing No. 175–4006: NHTSA hole, a 3⁄8 diameter shoulder bolt may not go Drawing SA572–S71–1 is aimed to drawing specifies ‘Screw, SHCS M3 x .5 through. At the maximum diameter condition allow some amount of design flexibility x 8’ for item no. 18. We would like to of the hole, assembly of the knee is still very to accommodate load cells from request that the specification be difficult as there still may only be .0005 in. changed to ‘Screw, BHCS M3 x .5 x 8[’] clearance. Therefore, we would like to different manufacturers. As long as the request the hole diameter tolerance be entire bracket assembly duplicates the as a button head screw has more surface ¥ area under the head thus providing changed to +.005/ .000 on these three geometry of the structural replacement, drawings. slight variations among load cell models better clamping force and less distortion are acceptable. With this consideration to part no. 175–4031.’’ NHTSA is denying this request. The in mind, we propose making the NHTSA believes that the current ES–2re knee design is a carry-over from specification for load cell weight a socket head cap screw (SHCS) will work the Hybrid II dummy, Part 572 Subpart reference. This will allow load cell sufficiently, but agrees that a button B. The design is also incorporated into manufacturers to know the target weight head cap screw (BHCS) would also be the knee of the SID dummy, Subpart F. for the load cell, but will not require acceptable. Therefore, we are keeping The knee plates are designed to provide that the weight be measured and the part as a SHCS, but are adding an a very tight fit, and careful selection of option to the drawing that allows use of verified by end users. We also note that the bolt will allow the knee assembly to the BHCS M3 x .5 x 8. the drawing would indicate that the function properly. The SID has had 4. ‘‘Drawing No. 175–4012: NHTSA reference weight specification applies to many years of use, and we know of no drawing calls out 4X M3 x .5 ISO—H reports of problems assembling the item 1 (the lower neck load cell) only, Tap x 6.0 Deep. We would like to and not the entire assembly. knee. Furthermore, Denton has not request that these tapped holes be made provided evidence that its request to III. Denton Requested Changes optional as they serve no purpose in the allow a loose fit will not result in any ’’ Denton requested the following 6 assembly of the dummy. performance degradation. NHTSA agrees that these holes are not changes to the ES–2re drawing package. required for any functional purpose and IV. Corrections to Figure 22 The petitioner’s requests are set forth should be specified as optional. NHTSA observed that Figure 22, verbatim in the list below, and 5. ‘‘Drawing Nos. 175–4040, 175–4041 ‘‘Pendulum Specifications,’’ of 49 CFR following each request is NHTSA’s & 175–4042: NHTSA drawing specifies part 572 has several dimensional errors tentative decision on the request. that the free length tolerance should be 1. Denton states: that need correction. This pendulum is +/¥ 1 mm. According to the Spring used in neck qualification tests for the Drawing No. 175–1001: NHTSA drawing Manufacturers Institute (SMI), the ES–2re as well as other adult crash test specifies the distance between the upper 2 normal commercial tolerance for the dummies, including the Hybrid III 50th holes to be 71.2 mm apart. The ES–2re skull length should be +/¥3 mm when the dimensions are derived from the Hybrid III percentile male and 5th percentile spring index, length and number of coils 50th dimensions. This dimension in the female frontal crash test dummies, the are considered for these specific springs. Hybrid III 50th drawing package is 2.800 SID–IIsD 5th percentile female side Therefore, we would like to request that inches, which converts to 71.1 mm. impact dummy, and the SID and SID/ the free length tolerance be changed to Additionally, the distance between the holes HIII side impact crash test dummies. on the mating part (175–1003) is 71.12. +/¥3 mm.’’ Therefore, we would like to request that the NHTSA does not agree with this The dimensional corrections that should dimension on the above referenced drawing request. Increasing the tolerance of the be made to this figure are listed below be changed to 71.1. free spring length could create problems and shown in Figure 1 of this preamble, with variation in dummy thoracic below: NHTSA agrees that 71.1 mm is the • correct dimension. Given the tolerances response, since these springs are part of The 8.28 millimeter (mm) (32.6 of the hole sizes, this will allow the the ES–2re rib modules. For example, if inch (in)) dimension should be 828 mm skull and skull cap to match each other the free spring length is too long, this (32.6 in); in assembly. could lead to a large preload in the • The 4.8 mm (188 in) dimension 2. ‘‘Drawing No. 175–3017: NHTSA spring and greater resistance to should be 4.8 mm (0.188 in); drawing specifies the material for this compression. Conversely, if the free • The 198.6 mm (7.75 in) dimension part to be ‘‘Moulded Ureol 100’’. This is spring length is too short, the spring should be 196.8 mm (7.75 in). a material manufactured by a single will offer less resistance to compression. BILLING CODE 4910–59–P

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BILLING CODE 4910–59–C February 26, 1979). This proposed rule small governmental jurisdictions), V. Rulemaking Analyses and Notices would only correct or make slight unless the head of the agency certifies changes to some of the drawings of the the rule will not have a significant Executive Order 12866 and DOT ES–2re test dummy. These changes economic impact on a substantial Regulatory Policies and Procedures would not affect the cost of the dummy. number of small entities. The Small Executive Order 12866, ‘‘Regulatory Because the economic impacts of this Business Administration’s regulations at Planning and Review’’ (58 FR 51735, proposal are so minimal, no further 13 CFR part 121 define a small business, October 4, 1993), provides for making regulatory evaluation is necessary. in part, as a business entity ‘‘which determinations whether a regulatory operates primarily within the United Regulatory Flexibility Act action is ‘‘significant’’ and therefore States.’’ (13 CFR 121.105(a)). subject to Office of Management and Pursuant to the Regulatory Flexibility We have considered the effects of this Budget (OMB) review and to the Act (5 U.S.C. 601 et seq., as amended by rulemaking under the Regulatory requirements of the Executive Order. the Small Business Regulatory Flexibility Act. I hereby certify that the This proposed rulemaking action was Enforcement Fairness Act (SBREFA) of proposed rulemaking action would not not considered a significant regulatory 1996), whenever an agency is required have a significant economic impact on action under Executive Order 12866. to publish a proposed or final rule, it a substantial number of small entities. This proposed rulemaking action was must prepare and make available for This action would not have a significant also determined not to be significant public comment a regulatory flexibility economic impact on a substantial under the Department of analysis that describes the effect of the number of small entities because Transportation’s (DOT’s) regulatory rule on small entities (i.e., small correcting or making minor changes to policies and procedures (44 FR 11034, businesses, small organizations, and the drawings would not impose any

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requirements on anyone. NHTSA would of performance which is not identical to agency to identify and consider a not require anyone to manufacture or the Federal standard, except to the reasonable number of regulatory redesign the dummy. extent that the State requirement alternatives and adopt the least costly, imposes a higher level of performance most cost-effective, or least burdensome National Environmental Policy Act and applies only to vehicles procured alternative that achieves the objectives NHTSA has analyzed this proposal for for the State’s use. 49 U.S.C. 30161 sets of the rule. the purposes of the National forth a procedure for judicial review of This proposed rule would not impose Environmental Policy Act and final rules establishing, amending, or any unfunded mandates under the determined that it will not have any revoking Federal motor vehicle safety UMRA. This proposed rule would not significant impact on the quality of the standards. That section does not require meet the definition of a Federal mandate human environment. submission of a petition for because it would not impose Executive Order 13132 (Federalism) reconsideration or other administrative requirements on anyone. It would proceedings before parties may file suit amend 49 CFR part 572 by correcting or NHTSA has examined today’s in court. making minor changes to some of the proposed rule pursuant to Executive drawings for a test dummy that the Order 13132 (64 FR 43255, August 10, Paperwork Reduction Act agency uses. If this proposed rule 1999) and concluded that no additional Under the Paperwork Reduction Act becomes final, it would affect, in a small consultation with States, local of 1995, a person is not required to manner, only those businesses that governments or their representatives is respond to a collection of information choose to manufacture or test with the mandated beyond the rulemaking by a Federal agency unless the dummy. It would not result in costs of process. The agency has concluded that collection displays a valid control $100 million or more to either State, the proposed rule does not have number from the Office of Management local, or Tribal governments, in the federalism implications because the and Budget (OMB). This proposed rule aggregate, or to the private sector. proposed rule does not have ‘‘substantial would not have any requirements that direct effects on the States, on the are considered to be information Plain Language relationship between the national collection requirements as defined by Executive Order 12866 requires each government and the States, or on the the OMB in 5 CFR part 1320. agency to write all rules in plain distribution of power and language. Application of the principles responsibilities among the various National Technology Transfer and of plain language includes consideration levels of government.’’ This proposed Advancement Act of the following questions: rule would not impose any Section 12(d) of the National —Has the agency organized the material requirements on anyone. Businesses Technology Transfer and Advancement to suit the public’s needs? would be affected only if they choose to Act of 1995 (NTTAA), Public Law 104– —Are the requirements in the rule manufacture or test with the dummy. 113, section 12(d) (15 U.S.C. 272) clearly stated? Further, no consultation is needed to directs NHTSA to use voluntary —Does the rule contain technical discuss the preemptive effect of today’s consensus standards in its regulatory language or jargon that is not clear? proposed rule. NHTSA’s safety activities unless doing so would be —Would a different format (grouping standards can have preemptive effect in inconsistent with applicable law or and order of sections, use of headings, at least two ways. This proposed rule otherwise impractical. Voluntary paragraphing) make the rule easier to would amend 49 CFR part 572 and is consensus standards are technical understand? not a safety standard.2 If this proposed standards (e.g., materials specifications, —Would more (but shorter) sections be Part 572 rule becomes final, it would test methods, sampling procedures, and better? not impose any requirements on business practices) that are developed or —Could the agency improve clarity by anyone. adopted by voluntary consensus adding tables, lists, or diagrams? —What else could the agency do to Civil Justice Reform standards bodies. The NTTAA directs NHTSA to provide Congress, through make this rulemaking easier to This proposed rule would not have OMB, explanations when the agency understand? any retroactive effect. Under 49 U.S.C. decides not to use available and If you have any responses to these 30103, whenever a Federal motor applicable voluntary consensus questions, please include them in your vehicle safety standard is in effect, a standards. There are no voluntary comments on this NPRM. State may not adopt or maintain a safety consensus standards relevant to this Regulation Identifier Number standard applicable to the same aspect proposed rule. The Department of Transportation 2 With respect to the safety standards, the Unfunded Mandates Reform Act assigns a regulation identifier number National Traffic and Motor Vehicle Safety Act Section 202 of the Unfunded (RIN) to each regulatory action listed in contains an express preemptive provision: ‘‘When a the Unified Agenda of Federal motor vehicle safety standard is in effect under this Mandates Reform Act of 1995 (UMRA), chapter, a State or a political subdivision of a State Public Law 104–4, Federal requires Regulations. The Regulatory Information may prescribe or continue in effect a standard agencies to prepare a written assessment Service Center publishes the Unified applicable to the same aspect of performance of a of the costs, benefits, and other effects Agenda in April and October of each motor vehicle or motor vehicle equipment only if year. You may use the RIN contained in the standard is identical to the standard prescribed of proposed or final rules that include under this chapter.’’ 49 U.S.C. 30103(b)(1). Second, a Federal mandate likely to result in the the heading at the beginning of this the Supreme Court has recognized the possibility of expenditure by State, local, or Tribal document to find this action in the implied preemption: State requirements imposed Unified Agenda. on motor vehicle manufacturers, including governments, in the aggregate, or by the sanctions imposed by State tort law, can stand as private sector, of more than $100 VI. Public Participation an obstacle to the accomplishment and execution of million annually (adjusted for inflation an NHTSA safety standard. When such a conflict with base year of 1995). Before How Do I Prepare and Submit is discerned, the Supremacy Clause of the Comments? Constitution makes their State requirements promulgating an NHTSA rule for which unenforceable. See Geier v. American Honda Motor a written statement is needed, section Your comments must be written and Co., 529 U.S. 861 (2000). 205 of the UMRA generally requires the in English. To ensure that your

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comments are correctly filed in the should submit three copies of your Docket are indicated above in the same Docket, please include the docket complete submission, including the location. You may also see the number of this document in your information you claim to be confidential comments on the Internet. To read the comments. business information, to the Chief comments on the Internet, go to http:// Your comments must not be more Counsel, NHTSA, at the address given www.regulations.gov. Follow the online than 15 pages long. (49 CFR 553.21). We above under FOR FURTHER INFORMATION instructions for accessing the dockets. established this limit to encourage you CONTACT. In addition, you should Please note that even after the to write your primary comments in a submit a copy from which you have comment closing date, we will continue concise fashion. However, you may deleted the claimed confidential to file relevant information in the attach necessary additional documents business information to the Docket Docket as it becomes available. Further, to your comments. There is no limit on using any of the methods given above some people may submit late comments. the length of the attachments. under ADDRESSES. When you send a Accordingly, we recommend that you Please submit your comments by any comment containing information periodically check the Docket for new of the methods provided above under claimed to be confidential business material. ADDRESSES. information, you should include a cover List of Subjects in 49 CFR Part 572 Please note that pursuant to the Data letter setting forth the information Quality Act, in order for substantive specified in our confidential business Motor vehicle safety, Incorporation by data to be relied upon and used by the information regulation. (49 CFR part reference. agency, it must meet the information 512.) In consideration of the foregoing, quality standards set forth in the OMB Will the Agency Consider Late NHTSA is proposing to amend 49 CFR and DOT Data Quality Act guidelines. Comments? part 572 as follows: Accordingly, we encourage you to consult the guidelines in preparing your We will consider all comments that PART 572—ANTHROPOMORPHIC comments. the Docket receives before the close of TEST DEVICES Further, note that anyone is able to business on the comment closing date search the electronic form of all indicated above under DATES. To the 1. The authority citation for part 572 comments received into any of our extent possible, we will also consider continues to read as follows: dockets by the name of the individual comments that the Docket receives after Authority: 49 U.S.C. 322, 30111, 30115, submitting the comment (or signing the that date. If the Docket receives a 30117 and 30166; delegation of authority at comment, if submitted on behalf of an comment too late for us to consider in 49 CFR 1.50. developing a final rule (assuming that association, business, labor union, etc.). Subpart E—Hybrid III Test Dummy You may review DOT’s complete one is issued), we will consider that Privacy Act Statement in the Federal comment as an informal suggestion for 2. In § 572.33, revise Figure 22 Register published on April 11, 2000 future rulemaking action. following paragraph (c)(3) to read as (65 FR 19477–78). How Can I Read the Comments follows: How Do I Submit Confidential Business Submitted by Other People? § 572.33 Neck. Information? You may read the comments received * * * * * If you wish to submit any information by the Docket at the address given above (c) * * * under a claim of confidentiality, you under ADDRESSES. The hours of the (3) * * *

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BILLING CODE 4910–59–C Version), September 2009,’’ consisting Gaithersburg, MD 20879, telephone * * * * * of: (301) 670–0090. * * * * * Subpart U—ES–2re Side Impact Crash * * * * * 4. Section 572.181 is amended by Test Dummy, 50th Percentile Adult (c) * * * revising paragraphs (a), (b), and (c) to Male (1) The Parts/Drawings List, Part 572 read as follows: 3. Section 572.180 is amended by Subpart U, Eurosid 2 with Rib § 572.181 General description. revising paragraph (a)(1), the Extensions (ES2re) referred to in introductory text of paragraph (a)(2), paragraph (a)(1) of this section, the Parts (a) The ES–2re Side Impact Crash Test and paragraph (c)(1), to read as follows: List and Drawings, Part 572 Subpart U, Dummy, 50th Percentile Adult Male, is Eurosid 2 with Rib Extensions (ES–2re, defined by: § 572.180 Incorporated materials. Alpha Version) referred to in paragraph (1) The drawings and specifications ‘‘ (a) * * * (a)(2) of this section, and the PADI contained in the Parts List and Drawings, Part 572 Subpart U, Eurosid (1) A parts/drawing list entitled, document referred to in paragraph (a)(3) ‘‘Parts/Drawings List, Part 572 Subpart 2 with Rib Extensions (ES–2re, Alpha of this section, are available in U, Eurosid 2 with Rib Extensions Version), September 2009,’’ electronic format through (ES2re), September 2009,’’ incorporated by reference in § 572.180, (2) A drawings and inspection Regulations.gov and in paper format which includes the technical drawings package entitled ‘‘Parts List and from Leet-Melbrook, Division of New and specifications described in Drawing Drawings, Part 572 Subpart U, Eurosid RT, 18810 Woodfield Road, 175–0000, the titles of which are listed 2 with Rib Extensions (ES–2re, Alpha in Table A;

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TABLE A (2) ‘‘Parts/Drawings List, Part 572 dated December 1994, incorporated by Subpart U, Eurosid 2 with Rib reference in § 572.180. Component assembly Drawing No. Extensions (ES2re), September 2009,’’ (b) Exterior dimensions of ES–2re test containing 9 pages, incorporated by dummy are shown in drawing 175–0000 Head Assembly ...... 175–1000 reference in § 572.180, sheet 3 of 6, dated February 2008. Neck Assembly Test/Cert ...... 175–2000 (3) A listing of available transducers- Neck Bracket Including Lifting crash test sensors for the ES–2re Crash (c) Weights of body segments (head, Eyebolt ...... 175–2500 Test Dummy is shown in drawing 175– neck, upper and lower torso, arms and Shoulder Assembly ...... 175–3000 0000 sheet 4 of 6, dated February 2008, upper and lower segments) and the Arm Assembly-Left ...... 175–3500 incorporated by reference in § 572.180, center of gravity location of the head are Arm Assembly-Right ...... 175–3800 (4) Procedures for Assembly, shown in drawing 175–0000 sheet 2 of Thorax Assembly with Rib Ex- Disassembly and Inspection (PADI) of 6, dated February 2008. tensions ...... 175–4000 the ES–2re Side Impact Crash Test * * * * * Abdominal Assembly ...... 175–5000 Dummy, February 2008, incorporated by Lumbar Spine Assembly ...... 175–5500 Issued: January 29, 2010. reference in § 572.180, Pelvis Assembly ...... 175–6000 (5) Sign convention for signal outputs Stephen R. Kratzke, Leg Assembly, Left ...... 175–7000–1 Associate Administrator for Rulemaking. Leg Assembly, Right ...... 175–7000–2 reference document SAE J1733 [FR Doc. 2010–2308 Filed 2–4–10; 8:45 am] Neoprene Body Suit ...... 175–8000 Information Report, titled ‘‘Sign Convention for Vehicle Crash Testing’’ BILLING CODE 4910–59–P

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Notices Federal Register Vol. 75, No. 24

Friday, February 5, 2010

This section of the FEDERAL REGISTER OMB Number: 0581–0240. Estimated Number of Responses per contains documents other than rules or Type of Request: Extension and Respondent: 6. proposed rules that are applicable to the revision of a currently approved Estimated Total Annual Burden on public. Notices of hearings and investigations, information collection. Respondents: 5,513 hours. committee meetings, agency decisions and Expiration Date of Approval: August After approval of the grant application rulings, delegations of authority, filing of 31, 2010. and before grant funds are dispersed, petitions and applications and agency Abstract: The primary objective of grantees must complete the following statements of organization and functions are FSMIP is to enable States to explore examples of documents appearing in this forms to certify compliance with section. new market opportunities for U.S. food applicable Federal regulations: Form and agricultural products and to SF–424B, ‘‘Assurances—Non- encourage research and innovation Construction Programs,’’ (approved DEPARTMENT OF AGRICULTURE aimed at improving the efficiency and under OMB #4040–0007); AD–1047, performance of the U.S. marketing Certification Regarding Debarment, Agricultural Marketing Service system. Eligible entities under this Suspension, and Other Responsibility program include State departments of Matters—Primary Covered Transactions; [Docket No. AMS–TM–09–0080; TM–09–10] agriculture, State agricultural AD–1048, Certification Regarding Notice of Request for Extension and experiment stations, and other Debarment, Suspension, Ineligibility Revision of a Currently Approved appropriate State Agencies. and Voluntary Exclusion—Lower Tier Information Collection AMS has established guidelines that Covered Transactions; and AD–1049, contain full details about FSMIP and the Certification Regarding Drug-Free AGENCY: Agricultural Marketing Service, application process. The guidelines and Workplace Requirements (Grants) USDA. application forms are available from the Alternative 1-for Grantees Other Than ACTION: Notice and request for FSMIP Staff Officer by calling 202/694– Individuals. comments. 4002, faxing-202/694–5950, or e-mailing In addition, two copies of the Grant to [email protected]. This Agreement must be signed with an SUMMARY: In accordance with the information is also available at the original signature and dated once by Paperwork Reduction Act of 1995 (44 FSMIP Web site: http:// grantees after their proposals have been U.S.C. Chapter 35), this notice www.ams.usda.gov/FSMIP. FSMIP approved and before grant funds are announces the Agricultural Marketing applicants must complete Form SF–424, dispersed. In the past, grantees were Service’s (AMS) intention to request ‘‘Application for Federal Assistance,’’ required to sign four copies of the Grant approval, from the Office of (approved under OMB #4040–0004) for Agreement. AMS has determined that Management and Budget, for an each application. Form SF–424A, having grantees sign four original Grant extension of and revision to the ‘‘Budget Information—Non-Construction Agreements was not necessary. This currently approved information Programs,’’ (approved under OMB decision has no impact on the public collection, Federal-State Marketing #4040–0006) also must be completed for reporting burden. The information will Improvement Program (FSMIP). each application to show the project’s be used to affirm the award amount, DATES: Comments on this notice must be budget breakdown, both with regard to time frame, objectives and work plan received by April 6, 2010 to be assured expense categories and the division agreed upon by the grantee and USDA/ of consideration. between Federal and matching non- AMS. The Grant Agreement also Additional Information or Comments: Federal sources, as applicable. A outlines responsibilities of both parties Contact Janise Zygmont, Staff Officer, Proposal Narrative is also required for with regard to the grant. Federal-State Marketing Improvement each application. Standard Form 270, Request for Program, Transportation and Marketing AMS needs to receive the information Advance or Reimbursement (approved Program, Agricultural Marketing contained in this collection of under OMB #0348–0004), is completed Service, U.S. Department of Agriculture, information to select the projects that whenever the grantee requests an 1800 M Street, NW., Room 3002–South will best meet and fulfill FSMIP advance or reimbursement of grant Tower, Washington, DC 20036, program objectives. The selection funds. The information will be used to telephone: 202–694–4002; fax: 202– process is competitive and AMS must keep track of grant disbursements and 694–5950. ensure that limited funds are used for the level of matching funds expended SUPPLEMENTARY INFORMATION: FSMIP is the intended purpose. by the grantee during the grant period. authorized under Section 204(b) of the Estimate of Burden: The public We expect that grantees will submit a Agricultural Marketing Act of 1946 (7 reporting burden for completing the SF– total of three SF–270 forms during the U.S.C. 1621 et seq.). FSMIP provides 424, SF–424A, and the Proposal grant period. matching grants on a competitive basis Narrative is estimated to average 12.25 Estimate of Burden: The public to enable States to explore new market hours per response. reporting burden for completing the SF– opportunities for U.S. food and Respondents: State departments of 424B, AD–1047, AD–1048, AD–1049, agricultural products and to encourage agriculture, State agricultural the Grant Agreement, and three SF–270 research and innovation aimed at experiment stations, and other forms is estimated to average 3.23 hours improving the efficiency and appropriate State Agencies. per response. performance of the U.S. marketing Estimated Number of Respondents: Respondents: State departments of system. 75. agriculture, State agricultural Title: Federal-State Marketing Estimated Total Annual Responses: experiment stations, and other Improvement Program (FSMIP). 450. appropriate State Agencies.

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Estimated Number of Respondents: ending date. The Final Report will proposed collection of information 25. include: including the validity of the Estimated Total Annual Responses: • An outline of the issue or problem. methodology and assumptions used; (3) 200. • A description of how the issue or ways to enhance the quality, utility, and Estimated Number of Responses per problem was approached via the project. clarity of the information to be Respondent: 8. • A description of the contribution of collected; and (4) ways to minimize the Estimated Total Annual Burden on public or private agency cooperators. burden of the collection of information Respondents: 646 hours. • A description of results, on those who are to respond, including Progress Reports are required at the conclusions and lessons learned. the use of appropriate automated, midpoint of projects approved for one • A summary of current or future electronic, mechanical, or other year and at six-month intervals for benefits to be derived from the project. technological collection techniques or • projects of longer duration. Progress Additional information available other forms of information technology. Reports should (1) briefly summarize (publications, Web sites). Comments may be sent to Janise • activities performed and milestones Recommendations for future Zygmont, FSMIP Staff Officer, USDA, achieved for each objective or sub- research needed, if applicable. AMS, 1800 M Street, NW., Room 3002– • element of the narrative; (2) note A description of the project South Tower, Washington, DC 20036. unexpected delays or impediments as beneficiaries. • All comments received will be available well as favorable or unusual The contact person for the project for public inspection during regular developments; (3) outline work to be with telephone number and e-mail business hours at the same address. performed during the succeeding address. All responses to this notice will be period; and (4) indicate the amount of Estimate of Burden: The public summarized and included in the request grant and matching funds expended to reporting burden for completing for OMB approval. All comments will date. We expect that grantees will Standard Form 425 and the Final Report become a matter of public record. submit a total of two Progress Reports is estimated to average 16.78 hours per Dated: February 2, 2010. during the grant period. response. Estimate of Burden: The public Respondents: State departments of Rayne Pegg, reporting burden for two Progress agriculture, State agricultural Administrator, Agricultural Marketing Reports is estimated to average 14 hours experiment stations, and other Service. per response. appropriate State agencies. [FR Doc. 2010–2543 Filed 2–4–10; 8:45 am] Respondents: State departments of Estimated Number of Respondents: BILLING CODE 3410–02–P agriculture, State agricultural 25. experiment stations, and other Estimated Total Annual Responses: appropriate State Agencies. 50. DEPARTMENT OF AGRICULTURE Estimated Number of Respondents: Estimated Number of Responses per 25. Respondent: 2. Forest Service Estimated Total Annual Responses: Estimated Total Annual Burden on Umatilla National Forest, Walla Walla 50. Respondents: 838 hours. Ranger District, Walla Walla, WA; Estimated Annual Number of In accordance with 7 CFR 3016.42, Cobbler II Timber Sale and Fuels Responses per Respondent: 2. grantees are required to maintain all Reduction Project Estimated Total Annual Burden on financial and programmatic records, Respondents: 700 hours. supporting documents, statistical AGENCY: Forest Service, USDA. Not later than 90 days following the records, and other records of grantees or ACTION: Notice of intent to prepare an ending date of the Grant Agreement the sub-grantees for a period of three years environmental impact statement. grantee must submit Standard Form from the day the grantee submits the 425, Federal Financial Report (approved final financial report. SUMMARY: The USDA Forest Service will under OMB #0348–0061), to document Estimate of Burden: The public prepare an environmental impact the final financial status of the grant reporting burden for maintaining statement (EIS) to disclose project and to indicate that the one-to- required records relating to the grant is environmental effects on proposed one matching requirement has been met. estimated to average 1 hour per resource management actions in Cobbler In the past, grantees used Standard response. II project planning area. This project Form 269A (or Standard Form 269 if the Respondents: State departments of would improve the health, vigor, and grant involved program income) to agriculture, State agricultural resilience to fire, insects, and disease in document the final financial activity of experiment stations, and other upland forest stands that are outside the grant. Standard Forms 269A and 269 appropriate State agencies. their historical pre-fire conditions for were discontinued by OMB as of Estimated Number of Respondents: species composition, structural October 1, 2009. AMS has determined 25. diversity, stocking densities, and fuel that a new form, Standard Form 425 Estimated Total Annual Responses: loads. The project planning area is (OMB Approval Number 0348–0061), is 25. approximately 34,000 acres in size. an acceptable replacement that will Estimated Number of Responses per Proposed project activities consist of allow grantees to report the final Respondent: 1. commercial timber harvest, including financial activity of the grant. The Estimated Total Annual Burden on treatment of activity and natural fuels public reporting burden for Standard Respondents: 25 hours. within harvest units, temporary road Form 425 is estimated to average 1.5 Comments are invited on: (1) Whether construction (that will be hours per response, which is the same the proposed collection of information decommissioned after project use), new as the reporting burden for Standard is necessary for the proper performance road construction, danger tree removal Form 269A. of the functions of the agency, including along haul routes, non-commercial The grantee must also submit a Final whether the information will have thinning, hardwood restoration, Report of results and accomplishments practical utility; (2) the accuracy of the meadow restoration, and landscape within 90 days following the grant agency’s estimate of the burden of the prescribed burning.

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DATES: Comments concerning the scope portion in Union County, Oregon within recommended stocking levels that of the analysis must be received by portions of T. 4N., R. 40E., sections 1, would maintain stand growth and vigor. February 26, 2010. The draft 2, 3, 4, 10, 11, 12, 14, and 15; T.5 N., Timber stands of seral tree species such environmental impact statement is R.40 E., sections 1, 12, 13, 14, 23, 24, as western larch and ponderosa pine are expected to be available in April 2010 25, 26, 34, 27, 33, 34, 35, and 36; T. 4N., infilling with grand fir. and the final environmental impact R. 41E., sections 5, 6, 7, and 18; T. 5N., Findings from the historical range of statement in July 2010. R. 41E., sections 1 to 34; T. 5N., R. 42E., variability (HRV) analysis for Eastside ADDRESSES: Send written comments to sections 4, 5, 6, and 7; T. 6N., R. 41E., Screens show that old forest structure is Mike Rassbach, District Ranger, Walla sections 25, 26, 27, 33, 34, 35, and 36; within historical range for moist forest Walla Ranger District, 1415 West Rose and T. 6N., R. 42E., sections 29, 30, 31, biophysical group, but outside of Street, Walla Walla, WA 99362. 32, 33, and 34. It is in the Lower Grande historical range for dry forest Comments may also be sent via e-mail Ronde subbasin, within the Grande biophysical group in old forest single to comments-pacificnorthwest-umatilla- Ronde River and Wenaha Watersheds. stratum (OFSS) structural stage. [email protected] or via facsimile to Cobbler II project planning area is Proposed Action—Following are brief (509) 522–6000. Comments may be hand bounded by the Wenaha-Tucannon descriptions of activities proposed for delivered to the Walla Walla Ranger Wilderness to the north and west and implementation, along with associated District office between the hours of 8 the Grande Ronde River to the activities that would occur a.m. and 4:30 p.m., Monday through southeast. Grande Ronde River has been concurrently. Friday, excluding Federal holidays. designated as a Wild and Scenic River Timber Harvest—Commercially Individuals who use telecommunication by the Omnibus Oregon Wild and harvest approximately 2,500 acres. In devices for the deaf (TDD) may call the Scenic Rivers Act of 1988, and the some treatment units timber harvest Federal Information Relay Service segment bordering the project planning would include the removal of sawlogs (FIRS) at 1–800–877–8339 between 8 area has been designated as wild. The and small diameter trees in the 3–9 inch a.m. and 8 p.m., Eastern Time, Monday town of Elgin, Oregon, is approximately diameter at breast height (DBH) range which would be used as a woody through Friday. 20 miles to the southwest. Troy and Eden Bench Wildland Urban Interface biomass product. In some treatment FOR FURTHER INFORMATION CONTACT: (WUI) areas are approximately 5 miles units only biomass products would be Betsy Kaiser, Project Team Leader, east of the project planning area, and are removed with incidental removal of Walla Walla Ranger District, telephone identified in the Wallowa County sawlogs. Commercial thinning is the (509) 522–6290 or e-mail Community Wildfire Protection Plan primary silviculture prescription with [email protected]. (CWPP). A portion (approximately 7,700 some shelterwood and seed-tree SUPPLEMENTARY INFORMATION: acres) of the Grande Ronde inventoried prescriptions used in decadent stands Background Information—An roadless area (IRA) is within the project where thinning would not restore environmental assessment (EA) for planning area. growth or vigor. Harvest objectives Cobbler Timber Sale and Fuels Purpose and Need for Action—The would vary by stand condition and fuel Reduction Project was prepared by the purpose and need for action in this management objectives. Treatments Forest Service and issued to the public project is to improve health, vigor, and would tend to favor early seral tree in May 2009. A decision notice and resilience to fire, insects, and disease in species such as ponderosa pine and finding of no significant impact for the upland forests that are outside their western larch. Harvest methods would May 2009 EA was signed by the historical pre-fire suppression include conventional ground based responsible official, Kevin Martin, conditions for species composition, (approximately 380 acres) logging, using Umatilla National Forest Supervisor, on structural diversity, stocking densities, a harvester/forwarder (approximately May 18, 2009. This decision was and fuel loads. Additionally, there is a 1,830 acres), and skyline logging appealed, and on July 29, 2009, need to provide sawlogs and wood fiber (approximately 230 acres). Supervisor Martin sent a memo to the products for utilization by regional and Fuel Treatments (activity and Regional Forester to withdraw his May local industry. natural)—Activity fuels and existing 18th decision. Forest stands in the project planning natural fuels would be treated in harvest After the withdrawal of the decision, area have been altered from historical units. Treatments would include the Forest Service decided to initiate the conditions due to fire suppression and mechanical mastication, grapple piling, Cobbler II Timber Sale and Fuels past forest management practices. A hand piling, jackpot burning, and Reduction Project environmental majority of current forest stands yarding with tops attached depending assessment (EA) and scoped with a originated as a result of fire disturbances on slash loads and the amount of fire letter dated November 20, 2009, and occurring over one hundred years ago, sensitive species remaining after comment letters were received. Since and they have not experienced fire since harvest. Mastication would be used to that scoping letter was mailed, the then. There have been repeated insect treat both activity fuels and remaining Forest Service has decided to issue an defoliation episodes followed by salvage ladder fuels when small diameter environmental impact statement (EIS) harvest. Lodgepole pine stands have understory is removed for woody for this project. The project file for the been harvested, and the remaining biomass products (3–9 inch DBH) and a May 2009 EA and the Cobbler II EA will mature stands in the project planning high density of understory trees still be incorporated in the Cobbler II EIS. area are at the age to be highly remains. Hand piling would be used in Information regarding the May 2009 susceptible to mountain pine beetle, portions of units where visual quality is Cobbler EA documents and the Cobbler which is currently experiencing an a concern, mainly along Forest Road II EA scoping letter are available for increasing population. Late seral tree (FR) 62. review at the following Web site species have become dominant after Road Management—To accomplish address: http://www.fs.fed.us/r6/uma/ long periods without disturbance and implementation of proposed activities, projects/readroom/. generally are more susceptible to approximately 50 miles of open system Project Information—Cobbler II disturbance-caused mortality than early roads, about 40 miles of closed system project planning area is primarily seral species. Forest stands have become roads, and 1.5 miles of seasonally open located in Wallowa County and a small overstocked and are above roads would be used as haul routes. Of

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the open system roads approximately 14 Meadow Restoration—An estimated Scoping Process miles are outside of the project planning 275 acres of dry meadows would be This notice of intent initiates the area and represent haul routes to county treated to reduce conifer encroachment. development of an EIS for the Cobbler roads. Closed system roads used for Trees less than or equal to 6 inches DBH II project and seeks any additional project activities would not be opened would be cut by hand followed by a scoping comments not previously to the public. All system roads would prescribed underburn through the grass. submitted. The comment period begins remain the same after project Non-commercial Thinning—This on the date of publication of this notice implementation; open roads would activity would cut excess trees that are of intent and ends on February 26, 2010. remain opened, closed roads would less than 6 inches DBH on It is important that reviewers provide continue to be closed, and seasonally approximately 1,900 acres. Some units their comments at such times and in open roads would continue with that may have special conditions where trees such a manner that they are useful to designation. Approximately 0.25 miles up to 9 inches DBH would be cut. Either the agency’s preparation of the of new road construction would occur manual or mechanical methods would environmental impact statement. to access an activity unit and be used for be use. Therefore, comments should be future access for vegetation and fuels Forest Plan Amendment—In order to provided prior to the close of the treatments. This new construction manage aspen stands in the project comment period and should clearly would become a closed system road planning area, the Forest Plan would be articulate the reviewer’s concerns and after project use. Approximately 0.20 amended to reallocate acres in comments. The submission of timely miles of temporary road construction management area allocations of D2– and specific comments can affect a would occur and would be Research Natural Area, E2–Timber and reviewer’s ability to participate in decommissioned after project activity Big Game, and A9–Special Interest Area. subsequent administrative appeal or use. Normal routine road maintenance Elk Flats Meadow (D2), which is judicial review. would occur. currently a proposed candidate for Comments received in response to Danger Tree Removal—Danger trees designation as a Research Natural Area this solicitation, including names and would be felled and removed along all (RNA), would be reallocated to previously described haul routes used addresses of those who comment will be management area A9–Special Interest for timber sale activity. If considered part of the public record for this Area in order to allow vegetation economically feasible, they would be proposed action. Comments submitted management, including cutting of trees, sold as part of a timber sale. Danger anonymously will be accepted and to maintain or enhance existing aspen trees within Riparian Habitat considered; however, anonymous and encourage aspen regeneration. In Conservation Areas (RHCAs) would not comments will not provide the summary, approximately 70 acres of be removed; they would be cut and left respondent with standing to participate management area D2 (Elk Flats to provide additional coarse woody in subsequent administrative appeal or debris. Meadow) would become management judicial review. Landscape Prescribed Fire— area A9; approximately 30 acres of Dated: February 1, 2010. management area E2 would become Landscape prescribed fire would occur Kevin Martin, across approximately 8,000 acres within management area A9, and approximately 10 acres of management Forest Supervisor. the Grande Ronde River canyon. No [FR Doc. 2010–2505 Filed 2–4–10; 8:45 am] timber harvest or mechanical fuel area D2 would become management BILLING CODE 3410–11–P treatments would occur in these area E2. This amendment would remain canyons. This treatment would in effect until the current Forest Plan is reintroduce fire to a fire-dependent revised. COMMISSION ON CIVIL RIGHTS ecosystem blackening about 60 percent Possible Alternatives—An alternative that would have fewer impacts on elk of the area to lessen the impact of a Agenda and Notice of Public Meeting cover and/or old forest habitat was future uncharacteristic wildfire and of the Utah Advisory Committee improve forage quality for big game. In identified for this project. Commercial the majority of the project area, fire harvest would occur on approximately Notice is hereby given, pursuant to intensities would be kept low by 1,300 acres using the same silviculture the provisions of the rules and keeping fire out of the overstory and prescriptions and harvest methods. No regulations of the U.S. Commission on burning mainly surface fuels. This timber harvest would occur in old forest Civil Rights and the regulations of the activity would occur in almost all of the stands or in areas of satisfactory cover. Federal Advisory Committee Act acres of the Grande Ronde inventoried All other activities would remain the (FACA), that a meeting of the Utah roadless area (IRA) that are within the same but would occur on fewer acres. Advisory Committee will convene at project planning area. Another alternative identified would be 5:30 p.m. and adjourn at 8 p.m. (MST) Hardwood Restoration—Twenty-three to take no action at this time in the on Thursday, February 25, 2010 at the hardwood sites (aspen, black project planning area. 451 South State Street, Salt Lake City, cottonwood, and mountain mahogany) UT 84111. The purpose of the meeting Responsible Official totaling about 115 acres are proposed for is for the committee to discuss recent treatment that includes release from Kevin Martin, Forest Supervisor, Commission and regional activities, conifers and fencing of these sites. Umatilla National Forest, 2517 S.W. discuss current civil rights issues in the Reduction of conifer competition in Hailey Avenue, Pendleton, Oregon state and plan future activities. The some aspen stands would be achieved 97801. Committee will also be briefed on by girdling trees or cutting and leaving Nature of Decision To Be Made education issues affecting minority the trees on site. Most of these stands students as it prepares to select a project have only mature or over-mature The decision to be made is whether to topic. hardwood trees with little or no approve the proposed action or any Members of the public are entitled to regeneration, or regeneration that is alternative way to achieve the desired submit written comments; the being severely browsed. Fencing would outcome. A Forest Plan amendment is comments must be received in the occur at these 23 hardwood sites. proposed. regional office by March 25, 2010. The

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address is Rocky Mountain Regional should contact the Regional Office at Commerce, Room 6625, 14th and Office, 1961 Stout Street, Suite 240, least ten (10) working days before the Constitution Avenue, NW., Washington, Denver, CO 80294. Persons wishing to scheduled date of the meeting. DC 20230 (or via the Internet at e-mail their comments, or who desire Records generated from this meeting [email protected]. additional information should contact may be inspected and reproduced at the Written comments and Malee Craft, Regional Director, at 303– Rocky Mountain Regional Office, as recommendations for the proposed 866–1040 or by e-mail to: they become available, both before and information collection should be sent [email protected]. after the meeting. Persons interested in within 30 days of publication of this Hearing-impaired persons who will the work of this advisory committee are notice to Wendy Liberante, OMB Desk attend the meeting and require the advised to go to the Commission’s Web Officer, Fax number (202) 395–5167 or services of a sign language interpreter site, http://www.usccr.gov, or to contact via the Internet at should contact the Regional Office at the Rocky Mountain Regional Office at [email protected]. least ten (10) working days before the the above email or street address. Dated: February 2, 2010. scheduled date of the meeting. The meeting will be conducted The meeting will be conducted pursuant to the provisions of the rules Gwellnar Banks, pursuant to the provisions of the rules and regulations of the Commission and Management Analyst, Office of the Chief and regulations of the Commission and FACA. Information Officer. [FR Doc. 2010–2512 Filed 2–4–10; 8:45 am] FACA. Dated at Washington, DC, February 2, BILLING CODE 3510–DS–P Dated in Washington, DC, February 2, 2010. 2010. Peter Minarik, Peter Minarik, Acting Chief, Regional Programs DEPARTMENT OF COMMERCE Acting Chief, Regional Programs Coordination Unit. Coordination Unit. [FR Doc. 2010–2526 Filed 2–4–10; 8:45 am] Submission for OMB Review; [FR Doc. 2010–2525 Filed 2–4–10; 8:45 am] BILLING CODE 6335–02–P Comment Request BILLING CODE 6335–01–P The Department of Commerce will submit to the Office of Management and DEPARTMENT OF COMMERCE COMMISSION ON CIVIL RIGHTS Budget (OMB) for clearance the Submission for OMB Review; following proposal for collection of Agenda and Notice of Public Meeting Comment Request information under the provisions of the of the Wyoming Advisory Committee Paperwork Reduction Act (44 U.S.C. The Department of Commerce will Chapter 35). Notice is hereby given, pursuant to submit to the Office of Management and Agency: National Institute of the provisions of the rules and Budget (OMB) for clearance the Standards and Technology (NIST). regulations of the U.S. Commission on following proposal for collection of Title: Malcolm Baldrige National Civil Rights (Commission), and the information under the provisions of the Quality Award and Examiner regulations of the Federal Advisory Paperwork Reduction Act (44 U.S.C. Applications. Committee Act (FACA), that a meeting Chapter 35). OMB Control Number: 0693–0006. of the Wyoming Advisory Committee Agency: International Trade will convene at 10 a.m. and adjourn at Form Number(s): None. Administration. Type of Request: Regular submission. 12 p.m. (MST) on Saturday, February Title: Procedures for Importation of 27, 2010, at Holland Hart LLP, 2515 Number of Respondents: 900 (100— Supplies for Use in Emergency Relief Awards; 800—Examiners). Warren Avenue, Suite 450, Cheyenne, Work. WY 82003. Average Hours per Response: Award Form Number(s): N/A. application, 74 hours; Examiner The purpose of the meeting is to brief OMB Control Number: 0625–0256. Application, 1 hour. the committee on civil rights issues and Type of Request: Regular submission. the state of civil rights in Wyoming. Burden Hours: 10. Burden Hours: 8,200. Briefings will be conducted by a Number of Respondents: 5. Needs and Uses: Public Law 100–107, professor in the education department Average Hours per Response: 2. the Malcolm Baldrige Quality of the University of Wyoming and the Needs and Uses: The regulations (19 Improvement Act of 1987, established president of the NAACP–Cheyenne CFR 358.101–104) provide procedures an annual U.S. National Quality Award. Chapter. The committee will discuss for requesting the Secretary of The Secretary of Commerce leads, and recent Commission and regional Commerce to permit the importation of NIST develops and manages the Award activities, and plan future activities. supplies, such as food, clothing, in corporation with the private sector. Members of the public are entitled to medical, surgical, and other supplies The purposes of the Award are to submit written comments; the (such as building materials), for use in promote competitiveness and quality comments must be received in the emergency relief work free of awareness, recognize the performance Rocky Mountain Regional Office by antidumping and countervailing duties. achievements of the U.S. companies, March 27, 2010. The address is 1961 Affected Public: Business or other for- and to share successful strategies and Stout Street, Suite 240, Denver, CO profit organizations. practices. The law explicitly states that 80294. Persons wishing to email their Frequency: On occasion. ‘‘An origination may qualify for an comments, or to present their comments Respondent’s Obligation: Voluntary. award only if it permits a rigorous verbally at the meeting, or who desire OMB Desk Officer: Wendy Liberante, evaluation of the way in which its additional information should contact (202) 395–3647. business and other operations have the regional office at (303) 866–1040 or Copies of the above information contributed to improvements in [email protected]. collection proposal can be obtained by quality.’’ The collection of the Hearing-impaired persons who will calling or writing Diana Hynek, information required of the Award and attend the meeting and require the Departmental Paperwork Clearance Examiner applicants make it possible services of a sign language interpreter Officer, (202) 482–0266, Department of for NIST to evaluate the applications,

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grant the Awards, select Examiners, and Washington, DC 20230 (or via the surveys, and in-person interviews will comply with statutory responsibilities. Internet at [email protected]). be utilized in combination to obtain the Affected Public: Business or other for- FOR FURTHER INFORMATION CONTACT: greatest breadth of information as profit organizations; not-for-profit Requests for additional information or possible. institutions; government entities. copies of the information collection III. Data Individuals with expertise in the instrument and instructions should be business, education, health care, and/or directed to Suzanne Russell (206) 860– OMB Control Number: None. nonprofit fields are eligible to apply as 3274, [email protected]. Form Number: None. a member to the Board of Examiners. Type of Review: Regular submission. SUPPLEMENTARY INFORMATION: Frequency: Annually. Affected Public: Individuals or Respondent’s Obligation: Voluntary. I. Abstract households; business or other for-profit OMB Desk Officer: Jasmeet Seehra, Historically, changes in fisheries organizations; not-for-profit institutions. (202) 395–3123. Estimated Number of Respondents: Copies of the above information management regulations have been shown to result in impacts to 800. collection proposal can be obtained by Estimated Time per Response: 1 hour calling or writing Diana Hynek, individuals within the fishery. An understanding of social impacts in 30 minutes. Departmental Paperwork Clearance Estimated Total Annual Burden Officer, (202) 482–0266, Department of fisheries—achieved through the collection of data on fishing Hours: 1,200. Commerce, Room 6625, 14th and Estimated Total Annual Cost to Constitution Avenue, NW., Washington, communities, as well as on individuals who fish—is a requirement under Public: $1,000 in recordkeeping/ DC 20230 (or via the Internet at reporting costs. [email protected]). several federal laws. Laws such as the Written comments and National Environmental Protection Act IV. Request for Comments and the Magnuson Stevens Fishery recommendations for the proposed Comments are invited on: (a) Whether Conservation Act (as amended 2007) information collection should be sent the proposed collection of information describe such requirements. The within 30 days of publication of this is necessary for the proper performance collection of this data not only helps to notice to Jasmeet Seehra, OMB Desk of the functions of the agency, including inform legal requirements for the Officer, FAX number (202) 395–5167 or whether the information shall have existing management actions, but will via the Internet at practical utility; (b) the accuracy of the _ _ inform future management actions Jasmeet K [email protected]. agency’s estimate of the burden requiring equivalent information. (including hours and cost) of the Dated: February 2, 2010. Fisheries rationalization programs proposed collection of information; (c) Gwellnar Banks, have an impact on those individuals ways to enhance the quality, utility, and Management Analyst, Office of the Chief participating in the affected fishery. The clarity of the information to be Information Officer. Pacific Fisheries Management Council is collected; and (d) ways to minimize the [FR Doc. 2010–2513 Filed 2–4–10; 8:45 am] on track to implement a new burden of the collection of information BILLING CODE 3510–13–P rationalization program for the Pacific on respondents, including through the Coast Groundfish limited entry trawl use of automated collection techniques fishery in January 2011. This research or other forms of information DEPARTMENT OF COMMERCE aims to study the individuals in the technology. affected fishery both prior to and after National Oceanic and Atmospheric Comments submitted in response to the implementation of the Administration this notice will be summarized and/or rationalization program. The data included in the request for OMB collected will provide a baseline Proposed Information Collection; approval of this information collection; description of the industry as well as Comment Request; Pacific Coast they also will become a matter of public allow for analysis of changes the Groundfish, Rationalization record. Sociocultural Study rationalization program may create for individuals in the fishery. The Dated: February 2, 2010. AGENCY: National Oceanic and measurement of these changes will lead Gwellnar Banks, Atmospheric Administration (NOAA), to a greater understanding of the social Management Analyst, Office of the Chief Commerce. impacts the management measure may Information Officer. ACTION: Notice. have on the individuals in the fishery. [FR Doc. 2010–2504 Filed 2–4–10; 8:45 am] To achieve these goals it is critical to BILLING CODE 3510–22–P SUMMARY: The Department of collect the necessary data prior to the Commerce, as part of its continuing implementation of the rationalization effort to reduce paperwork and program for comparison to data DEPARTMENT OF COMMERCE respondent burden, invites the general collected after the management program public and other Federal agencies to has been implemented. This study will National Oceanic and Atmospheric take this opportunity to comment on be inclusive of both a Phase 1 pre- Administration proposed and/or continuing information implementation data collection effort, as Proposed Information Collection; collections, as required by the well as a Phase 2, post-implementation Comment Request; Alaska Paperwork Reduction Act of 1995. data collection effort to achieve the Cooperatives in the Bering Sea and DATES: Written comments must be stated objectives. submitted on or before April 6, 2010. Aleutian Islands II. Method of Collection ADDRESSES: Direct all written comments AGENCY: National Oceanic and to Diana Hynek, Departmental Literature reviews, secondary sources Atmospheric Administration (NOAA), Paperwork Clearance Officer, including Internet sources, United Commerce. Department of Commerce, Room 6625, States Census data, key informants, ACTION: Notice. 14th and Constitution Avenue, NW., focus groups, paper surveys, electronic

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SUMMARY: The Department of and their members, allowing NMFS to included in the request for OMB Commerce, as part of its continuing manage the fishery more precisely. The approval of this information collection; effort to reduce paperwork and AFA cooperative annual reports are they also will become a matter of public respondent burden, invites the general required to provide information about record. public and other Federal agencies to how the cooperative allocated pollock, Dated: February 2, 2010. take this opportunity to comment on other groundfish species, and prohibited Gwellnar Banks, proposed and/or continuing information species among the vessels in the collections, as required by the cooperative; the catch of these species Management Analyst, Office of the Chief Information Officer. Paperwork Reduction Act of 1995. by area for each vessel in the [FR Doc. 2010–2503 Filed 2–4–10; 8:45 am] DATES: Written comments must be cooperative; information about how the submitted on or before April 6, 2010. cooperative monitored fishing by its BILLING CODE 3510–22–P ADDRESSES: Direct all written comments members; and a description of any actions taken by the cooperative to to Diana Hynek, Departmental DEPARTMENT OF COMMERCE Paperwork Clearance Officer, penalize vessels that exceeded the catch Department of Commerce, Room 6625, and bycatch allocations made to the International Trade Administration 14th and Constitution Avenue, NW., vessel by the cooperative. Washington, DC 20230 (or via the II. Method of Collection [A–570–908] Internet at [email protected]). For those items not connected with a FOR FURTHER INFORMATION CONTACT: scale, respondents have a choice of First Antidumping Duty Administrative Requests for additional information or either electronic or paper forms. Review of Sodium Hexametaphosphate copies of the information collection Methods of submittal include e-mail of from the People’s Republic of China: instrument and instructions should be electronic forms, and mail and facsimile Extension of Time Limit for the directed to Patsy A. Bearden, at (907) transmission of paper forms. Preliminary Results 586–7008 or [email protected]. SUPPLEMENTARY INFORMATION: III. Data AGENCY: Import Administration, International Trade Administration, I. Abstract OMB Control Number: 0648–0401. Form Number: None. Department of Commerce. The American Fisheries Act (AFA) Type of Review: Regular submission. EFFECTIVE DATE: February 5, 2010. was signed into law in October of 1998. Affected Public: Individuals or The AFA established an allocation households; business or other for-profit FOR FURTHER INFORMATION CONTACT: Paul program for the pollock fishery of the organizations. Walker, AD/CVD Operations, Office 9, Bering Sea and Aleutian Islands Estimated Number of Respondents: Import Administration, International Management Area (BSAI). The AFA 11. Trade Administration, U.S. Department established a limited access program for Estimated Time per Response: 12 of Commerce, 14th Street and the inshore sector of the BSAI pollock hours for AFA Annual Report; 30 Constitution Avenue, NW, Washington, fishery that is based on the formation of minutes for Nonmember vessel contract DC 20230; telephone: (202) 482–0413. fishery cooperatives around each fishing application; 5 minutes for SUPPLEMENTARY INFORMATION: inshore pollock processor. Inshore catcher vessel cooperative Implementing regulations are found at pollock catch report; 5 minutes for Background 50 CFR part 679, subpart F. Agent for service of process; 40 hours The original purposes of the AFA for Salmon Bycatch Reduction Inter- On April 27, 2009, the Department of were to tighten United States ownership Cooperative Agreement (ICA); and 4 Commerce (‘‘Department’’) published in standards that had been exploited under hours for ICA appeals. the Federal Register a notice of the Anti-reflagging Act, to provide Estimated Total Annual Burden initiation of an administrative review of Alaska’s BSAI pollock fleet the Hours: 470. sodium hexametaphosphate from the opportunity to conduct their fishery in Estimated Total Annual Cost to People’s Republic of China (‘‘PRC’’), a more rational manner, and to protect Public: $225. covering the period September 14, 2007 non-AFA participants in other fisheries. February 28, 2009. See Initiation of In addition, a voluntary civil agreement IV. Request for Comments Antidumping and Countervailing Duty among pollock cooperatives, Western Comments are invited on: (a) Whether Administrative Reviews and Request for Alaska Community Development Quota the proposed collection of information Revocation in Part, 74 FR 19042 (April (CDQ) groups, and western Alaska is necessary for the proper performance 27, 2009). From May 26, 2009 to subsistence salmon user groups is of the functions of the agency, including October 28, 2009, the respondent in this intended to coordinate the pollock whether the information shall have review, Hubei Xingfa Chemical Group fishery in a manner that reduces practical utility; (b) the accuracy of the Co., Ltd. (‘‘Hubei Xingfa’’), submitted incidental catch rates of salmon. agency’s estimate of the burden responses to the Department’s Reduced bycatch, higher utilization (including hours and cost) of the antidumping duty questionnaires. From rates, increased economic returns, and proposed collection of information; (c) November 9–13, 2009, the Department improved safety are among the direct ways to enhance the quality, utility, and conducted verification of Hubei Xingfa. benefits of the AFA. The flexibility clarity of the information to be On November 25, 2009, the Department provided by cooperatives and by collected; and (d) ways to minimize the extended the time period for issuing the individual vessel allocations of pollock burden of the collection of information preliminary results of review until and other species has allowed the BSAI on respondents, including through the January 30, 2010. See First Antidumping pollock fleet to spread their fishing use of automated collection techniques Duty Administrative Review of Sodium effort in time and space. The or other forms of information Hexametaphosphate from the People’s cooperative management structure has technology. Republic of China: Extension of Time shifted more of the monitoring and Comments submitted in response to Limit for the Preliminary Results, 74 FR enforcement burden to the cooperatives this notice will be summarized and/or 61656 (November 25, 2009).

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Extension of Time Limit for the merchandise to the United States. The Results of the 2007–2008 Administrative Preliminary Results period of review (POR) is July 1, 2007, Review, 74 FR 61107 (Nov. 23, 2009). The Department has conducted this Section 751(a)(3)(A) of the Tariff Act through June 30, 2008. We are administrative review in accordance of 1930, as amended (‘‘the Act’’), rescinding the review with respect to with section 751 of the Act. requires the Department to issue the two companies because these preliminary results of an administrative companies had no shipments of subject Scope of the Order merchandise during the POR. review within 245 days after the last day The products covered by the order are Based on our analysis of the of the anniversary month of an order for certain stainless steel sheet and strip in comments received, we have made no which a review is requested. If it is not coils. Stainless steel is an alloy steel changes in the margin calculation. practicable to complete the review containing, by weight, 1.2 percent or Therefore, the final results do not differ within the time period, section less of carbon and 10.5 percent or more from the preliminary results. The final 751(a)(3)(A) of the Act allows the of chromium, with or without other weighted–average dumping margin for Department to extend this deadline to a elements. The subject sheet and strip is maximum of 365 days. the reviewed firm is listed below in the a flat–rolled product in coils that is ‘‘ The Department determines that section entitled Final Results of greater than 9.5 mm in width and less ’’ completion of the preliminary results of Review. than 4.75 mm in thickness, and that is this review within the statutory time EFFECTIVE DATE: February 5, 2010. annealed or otherwise heat treated and period is not practicable, given the pickled or otherwise descaled. The FOR FURTHER INFORMATION CONTACT: extraordinarily complicated nature of subject sheet and strip may also be the proceeding. The Department Henry Almond, AD/CVD Operations, further processed (e.g., cold–rolled, requires additional time to analyze the Office 2, Import Administration, polished, aluminized, coated, etc.) information gathered at verification International Trade Administration, provided that it maintains the specific concerning Hubei Xingfa’s corporate U.S. Department of Commerce, 14th dimensions of sheet and strip following structure and ownership, sales Street and Constitution Avenue, NW, such processing. practices, manufacturing methods, and Washington, DC, 20230; telephone (202) The merchandise subject to the order to issue the verification report. 482–0049. is classified in the Harmonized Tariff Therefore, given the number and SUPPLEMENTARY INFORMATION: Schedule of the United States (HTSUS) complexity of issues in this case, and in at subheadings: 7219.13.00.31, accordance with section 751(a)(3)(A) of Background 7219.13.00.51, 7219.13.00.71, the Act, we are extending the time This review covers three producers/ 7219.13.00.81, 7219.14.00.30, period for issuing the preliminary exporters: Chia Far Industrial Factory 7219.14.00.65, 7219.14.00.90, results of review by 41 days until March Co., Ltd. (Chia Far), Yieh United Steel 7219.32.00.05, 7219.32.00.20, 12, 2010. The final results continue to Corporation (YUSCO), and Ta Chen 7219.32.00.25, 7219.32.00.35, be due 120 days after the publication of Stainless Pipe Co., Ltd. (Ta Chen). Chia 7219.32.00.36, 7219.32.00.38, the preliminary results. Far is the only company participating in 7219.32.00.42, 7219.32.00.44, This notice is published pursuant to this review, and we are rescinding the 7219.33.00.05, 7219.33.00.20, sections 751(a)(3)(A) and 777(i)(1) of the review with respect to YUSCO and Ta 7219.33.00.25, 7219.33.00.35, Act and 19 CFR 351.213(h)(2). Chen. 7219.33.00.36, 7219.33.00.38, Dated: January 26, 2010. On August 5, 2009, the Department 7219.33.00.42, 7219.33.00.44, 7219.34.00.05, 7219.34.00.20, John M. Andersen. published in the Federal Register the 7219.34.00.25, 7219.34.00.30, Acting Deputy Assistant Secretary for preliminary results of administrative 7219.34.00.35, 7219.35.00.05, Antidumping and Countervailing Duty review of the antidumping duty order Operations. on SSSSC from Taiwan. See Stainless 7219.35.00.15, 7219.35.00.30, 7219.35.00.35, 7219.90.00.10, [FR Doc. 2010–2589 Filed 2–4–10; 8:45 am] Steel Sheet and Strip in Coils from 7219.90.00.20, 7219.90.00.25, BILLING CODE 3510–DS–S Taiwan: Preliminary Results and Preliminary Rescission in Part of 7219.90.00.60, 7219.90.00.80, Antidumping Duty Administrative 7220.12.10.00, 7220.12.50.00, DEPARTMENT OF COMMERCE Review, 74 FR 39055 (Aug. 5, 2009) 7220.20.10.10, 7220.20.10.15, (Preliminary Results). 7220.20.10.60, 7220.20.10.80, International Trade Administration 7220.20.60.05, 7220.20.60.10, We invited parties to comment on our 7220.20.60.15, 7220.20.60.60, [A–583–831] preliminary results of review. In 7220.20.60.80, 7220.20.70.05, September 2008, we received a case 7220.20.70.10, 7220.20.70.15, Stainless Steel Sheet and Strip in Coils brief from the petitioners1 and a rebuttal from Taiwan: Final Results and 7220.20.70.60, 7220.20.70.80, brief from Ta Chen. At the request of the 7220.20.80.00, 7220.20.90.30, Rescission in Part of Antidumping petitioners, we held a hearing on Duty Administrative Review 7220.20.90.60, 7220.90.00.10, September 29, 2009. On November 23, 7220.90.00.15, 7220.90.00.60, and AGENCY: Import Administration, 2009, we postponed the deadline for the 7220.90.00.80. Although the HTSUS International Trade Administration, final results under section 751(a)(3)(A) subheadings are provided for Department of Commerce. the Tariff Act of 1930, as amended (the convenience and customs purposes, the SUMMARY: On August 5, 2009, the Act). See Stainless Steel Sheet and Strip Department’s written description of the Department of Commerce (the in Coils From Taiwan: Notice of merchandise under the order is Department) published the preliminary Extension of Time Limit for the Final dispositive. results of the administrative review of Excluded from the scope of the order the antidumping duty order on stainless 1 The petitioners are Allegheny Ludlum are the following: 1) sheet and strip that Corporation, AK Steel Corporation, United Auto steel sheet and strip in coils (SSSSC) Workers Local 3303, United Steelworkers of is not annealed or otherwise heat treated from Taiwan. This review covers one America, AFL-CIO/CLC, and Zanesville Armco and pickled or otherwise descaled, 2) producer/exporter of the subject Independent Organization. sheet and strip that is cut to length, 3)

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plate (i.e., flat–rolled stainless steel steel contains, by weight, carbon of no ultimate tensile strengths as high as products of a thickness of 4.75 mm or more than 0.030 percent, silicon of no 1750 Mpa after aging, with elongation more), 4) flat wire (i.e., cold–rolled more than 1.0 percent, manganese of no percentages of 3 percent or less in 50 sections, with a prepared edge, more than 1.0 percent, chromium of mm. It is generally provided in rectangular in shape, of a width of not between 19 and 22 percent, aluminum thicknesses between 0.635 and 0.787 more than 9.5 mm), and 5) razor blade of no less than 5.0 percent, phosphorus mm, and in widths of 25.4 mm. This steel. Razor blade steel is a flat–rolled of no more than 0.045 percent, sulfur of product is most commonly used in the product of stainless steel, not further no more than 0.03 percent, lanthanum manufacture of television tubes and is worked than cold–rolled (cold– of less than 0.002 or greater than 0.05 currently available under proprietary reduced), in coils, of a width of not percent, and total rare earth elements of trade names such as Durphynox 17.4 more than 23 mm and a thickness of more than 0.06 percent, with the Finally, three specialty stainless steels 0.266 mm or less, containing, by weight, balance iron. typically used in certain industrial 12.5 to 14.5 percent chromium, and Permanent magnet iron–chromium- blades and surgical and medical certified at the time of entry to be used cobalt alloy stainless strip is also instruments are also excluded from the in the manufacture of razor blades. See excluded from the scope of the order. scope of the order. These include Chapter 72 of the HTSUS, ‘‘Additional This ductile stainless steel strip stainless steel strip in coils used in the U.S. Note’’ 1(d). contains, by weight, 26 to 30 percent production of textile cutting tools (e.g., Also excluded from the scope of the chromium, and 7 to 10 percent cobalt, carpet knives).5 This steel is similar to order are certain specialty stainless steel with the remainder of iron, in widths AISI grade 420 but containing, by products described below. Flapper valve 228.6 mm or less, and a thickness weight, 0.5 to 0.7 percent of steel is defined as stainless steel strip in between 0.127 and 1.270 mm. It exhibits molybdenum. The steel also contains, coils containing, by weight, between magnetic remanence between 9,000 and by weight, carbon of between 1.0 and 0.37 and 0.43 percent carbon, between 12,000 gauss, and a coercivity of 1.1 percent, sulfur of 0.020 percent or 1.15 and 1.35 percent molybdenum, and between 50 and 300 oersteds. This less, and includes between 0.20 and between 0.20 and 0.80 percent product is most commonly used in 0.30 percent copper and between 0.20 manganese. This steel also contains, by electronic sensors and is currently and 0.50 percent cobalt. This steel is weight, phosphorus of 0.025 percent or available under proprietary trade names sold under proprietary names such as less, silicon of between 0.20 and 0.50 such as Arnokrome III.2 GIN4 Mo. The second excluded percent, and sulfur of 0.020 percent or Certain electrical resistance alloy steel stainless steel strip in coils is similar to less. The product is manufactured by is also excluded from the scope of the AISI 420–J2 and contains, by weight, means of vacuum arc remelting, with order. This product is defined as a non– carbon of between 0.62 and 0.70 inclusion controls for sulphide of no magnetic stainless steel manufactured to percent, silicon of between 0.20 and more than 0.04 percent and for oxide of American Society of Testing and 0.50 percent, manganese of between no more than 0.05 percent. Flapper Materials specification B344 and 0.45 and 0.80 percent, phosphorus of no valve steel has a tensile strength of containing, by weight, 36 percent more than 0.025 percent and sulfur of between 210 and 300 ksi, yield strength nickel, 18 percent chromium, and 46 no more than 0.020 percent. This steel of between 170 and 270 ksi, plus or percent iron, and is most notable for its has a carbide density on average of 100 minus 8 ksi, and a hardness (Hv) of resistance to high temperature carbide particles per 100 square between 460 and 590. Flapper valve corrosion. It has a melting point of 1390 microns. An example of this product is steel is most commonly used to produce degrees Celsius and displays a creep GIN5 steel. The third specialty steel has specialty flapper valves in compressors. rupture limit of 4 kilograms per square a chemical composition similar to AISI Also excluded is a product referred to millimeter at 1000 degrees Celsius. This 420 F, with carbon of between 0.37 and as suspension foil, a specialty steel steel is most commonly used in the 0.43 percent, molybdenum of between product used in the manufacture of production of heating ribbons for circuit 1.15 and 1.35 percent, but lower suspension assemblies for computer breakers and industrial furnaces, and in manganese of between 0.20 and 0.80 disk drives. Suspension foil is described rheostats for railway locomotives. The percent, phosphorus of no more than as 302/304 grade or 202 grade stainless product is currently available under 0.025 percent, silicon of between 0.20 steel of a thickness between 14 and 127 proprietary trade names such as Gilphy and 0.50 percent, and sulfur of no more microns, with a thickness tolerance of 36.3 than 0.020 percent. This product is plus–or-minus 2.01 microns, and Certain martensitic precipitation– supplied with a hardness of more than surface glossiness of 200 to 700 percent hardenable stainless steel is also Hv 500 guaranteed after customer Gs. Suspension foil must be supplied in excluded from the scope of the order. processing, and is supplied as, for coil widths of not more than 407 mm, This high–strength, ductile stainless example, GIN6.6 and with a mass of 225 kg or less. Roll steel product is designated under the Period of Review marks may only be visible on one side, Unified Numbering System as S45500– with no scratches of measurable depth. grade steel, and contains, by weight, 11 The POR is July 1, 2007, through June The material must exhibit residual to 13 percent chromium, and 7 to 10 30, 2008. stresses of 2 mm maximum deflection, percent nickel. Carbon, manganese, Partial Rescission of Review and flatness of 1.6 mm over 685 mm silicon and molybdenum each comprise, As noted in the ‘‘Background’’ section length. by weight, 0.05 percent or less, with Certain stainless steel foil for above, we are rescinding the review phosphorus and sulfur each comprising, with respect to two respondents, Ta automotive catalytic converters is also by weight, 0.03 percent or less. This excluded from the scope of the order. Chen and YUSCO. As noted in the steel has copper, niobium, and titanium Preliminary Results, both Ta Chen and This stainless steel strip in coils is a added to achieve aging, and will exhibit specialty foil with a thickness of yield strengths as high as 1700 Mpa and between 20 and 110 microns used to 4 Durphynox 17 is a trademark of Imphy, S.A. 5 This list of uses is illustrated and provided for produce a metallic substrate with a 2 Arnokrome III is a trademark of the Arnold descriptive purposes only. honeycomb structure for use in Engineering Company. 6 GIN4 Mo, GIN5 and GIN6 are the proprietary automotive catalytic converters. The 3 Gilphy 36 is a trademark of Imphy, S.A. grades of Hitachi Metals America, Ltd.

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YUSCO certified to the Department that Cost of Production Margin they had no shipments/entries of subject Manufacturer/Producer/Exporter Percent- merchandise into the United States As discussed in the Preliminary age during the POR. The Department Results, we conducted an investigation to determine whether Chia Far made Chia Far Industrial Factory Co., subsequently confirmed with U.S. Ltd...... 4.30 Customs and Border Protection (CBP) home market sales of the foreign like the no–shipment claim made by product during the POR at prices below Assessment YUSCO. See the November 13, 2008, its cost of production (COP) within the Memorandum to the File from Henry meaning of section 773(b) of the Act. The Department shall determine, and Almond, Analyst, entitled, ‘‘2007–2008 See Preliminary Results, 73 FR at CBP shall assess, antidumping duties on Administrative Review of Stainless 45398–99. For these final results, we all appropriate entries. The Department Steel Sheet and Strips in Coils from made no changes to the cost test intends to issue assessment instructions Taiwan: Entry Information from U.S. performed in the Preliminary Results. to CBP 15 days after the date of publication of these final results of Customs and Border Protection (CBP).’’ We found that more than 20 percent See also Preliminary Results, 74 FR at review. of Chia Far’s sales of a given product Pursuant to 19 CFR 351.212(b)(1), we 39057. during the reporting period were at Since the preliminary results, no calculated importer–specific ad valorem prices less than the weighted–average party to this proceeding has commented duty assessment rates for Chia Far based COP for this period. Thus, we continue on our preliminary rescission for on the ratio of the total amount of YUSCO. As a result, we are rescinding to determine that these below–cost sales antidumping duties calculated for the ‘‘ ’’ the review with respect to this were made in substantial quantities examined sales to the total entered company, in accordance with 19 CFR within an extended period of time and value of those sales. Pursuant to 19 CFR 351.213(d)(3) and the Department’s at prices which did not permit the 351.106(c)(2), we will instruct CBP to practice. See, e.g., Chia Far Indus. recovery of all costs within a reasonable liquidate without regard to antidumping Factory Co., Ltd. v. United States, 343 F. period of time in the normal course of duties any entries for which the Supp. 2d 1344, 1374 (2004); Certain trade. See sections 773(b)(2)(B) - (D) of assessment rate is de minimis (i.e., less Steel Concrete Reinforcing Bars From the Act. than 0.50 percent). Turkey; Final Results, Rescission of Therefore, for purposes of these final The Department clarified its Antidumping Duty Administrative results, we continue to find that Chia ‘‘automatic assessment’’ regulation on Review in Part, and Determination To Far made below–cost sales not in the May 6, 2003. See Antidumping and Revoke in Part, 70 FR 67665, 67666 ordinary course of trade. Consequently, Countervailing Duty Proceedings: (Nov. 8, 2005); and Notice of Final we disregarded the below–cost sales and Assessment of Antidumping Duties, 68 Results and Partial Rescission of used the remaining sales as the basis for FR 23954 (May 6, 2003). This Antidumping Duty Administrative determining normal value pursuant to clarification will apply to entries of Review: Certain Welded Carbon Steel section 773(b)(1) of the Act. subject merchandise during the POR Pipe and Tube from Turkey, 63 FR produced Chia Far for which Chia Far 35190, 35191 (June 29, 1998). Analysis of Comments Received did not know its merchandise was Regarding Ta Chen, this company also destined for the United States. This indicated that it had no shipments; All issues raised in the case briefs by clarification will also apply to POR however its U.S. affiliate imported parties to this administrative review, entries of subject merchandise produced SSSSC from Taiwan manufactured and and to which we have responded, are by companies for which we are exported by Tung Mung Development listed in the Appendix to this notice and rescinding the review based on Co. (Tung Mung), whose SSSSC is addressed in the Decision Memo, which certifications of no shipments, because excluded from the antidumping duty is adopted by this notice. Parties can these companies certified that they order. Subsequently, the petitioners find a complete discussion of all issues made no POR shipments of subject alleged that such shipments should be raised in this review and the merchandise for which they had subject to a middleman dumping corresponding recommendations in this knowledge of U.S. destination. In such inquiry. As discussed in the Preliminary public memorandum, which is on file in instances, we will instruct CBP to Results, we preliminarily found that Ta the Central Records Unit, room 1117, of liquidate unreviewed entries at the all– Chen did not act as a middleman with the main Department building. others rate established in the less–than- respect to re–sales of imports by its U.S. In addition, a complete version of the fair–value (LTFV) investigation if there affiliate, Ta Chen International (TCI), Decision Memo can be accessed directly is no rate for the intermediate and we also preliminarily rescinded the on the Web at http:// company(ies) involved in the review with respect to Ta Chen. See ia.ita.doc.gov/frn/. The paper copy and transaction. Preliminary Results, 74 FR at 39057–58. electronic version of the Decision Memo Cash Deposit Requirements Since the time of the preliminary are identical in content. results, we received a case brief from the Further, the following deposit petitioners and a rebuttal brief from Ta Changes Since the Preliminary Results requirements will be effective for all Chen addressing this issue. After fully shipments of SSSSC from Taiwan considering the interested parties’ Based on our analysis of the entered, or withdrawn from warehouse, comments, we continue to find that comments received, we have made no for consumption on or after the these direct sales of SSSSC from Tung changes in the margin calculations for publication date of the final results of Mung to TCI are not subject to a Chia Far. this administrative review, as provided middleman dumping inquiry. Therefore, Final Results of Review for by section 751(a)(2)(C) of the Act: 1) we are rescinding the review with the cash deposit rate for the reviewed respect to Ta Chen. For further We determine that the following company will be the rate shown above, discussion, see the Issues and Decision weighted–average margin percentage except if the rate is less than 0.50 Memorandum (Decision Memo), exists for the period July 1, 2007, percent, de minimis within the meaning accompanying this notice. through June 30, 2008: of 19 CFR 351.106(c)(1), the cash

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deposit will be zero; 2) for previously DEPARTMENT OF COMMERCE to involve commercial fishermen in the investigated companies not listed above, collection of fundamental fisheries the cash deposit rate will continue to be National Oceanic and Atmospheric information. Resource collection efforts the company–specific rate published for Administration support the development and evaluation the most recent period; 3) if the exporter RIN 0648–XT84 of fisheries management and regulatory is not a firm covered in this review, or options. the LTFV investigation, but the Fisheries of the Caribbean, Gulf of The proposed collection for scientific manufacturer is, the cash deposit rate Mexico, and South Atlantic; Snapper research involves activities otherwise will be the rate established for the most and Grouper Off the Southern Atlantic prohibited by regulations at 50 CFR 622, recent period for the manufacturer of States as they affect fish and invertebrates the merchandise; and 4) the cash managed by the Gulf of Mexico and deposit rate for all other manufacturers AGENCY: National Marine Fisheries South Atlantic Fishery Management or exporters will continue to be 12.61 Service (NMFS), National Oceanic and Councils (Councils). The EFP covers percent, the ‘‘All Others’’ rate made Atmospheric Administration (NOAA), these Council-managed species that may effective by the LTFV investigation. See Commerce. be taken in association with the Notice of Antidumping Duty Order; ACTION: Notice of receipt of an commercial shrimp fishery of the Stainless Steel Sheet and Strip in Coils application for an exempted fishing southeast United States. This would From United Kingdom, Taiwan, and permit; request for comments. include reef fish, red drum, coastal South Korea, 64 FR 40555, 40557 (July migratory pelagics, stone crab, and SUMMARY: 27, 1999). These deposit requirements, NMFS announces the receipt lobsters in the Gulf of Mexico, and when imposed, shall remain in effect of an application for an exempted snapper-grouper, coastal migratory until further notice. fishing permit (EFP) from the Gulf and pelagics, dolphin and wahoo, and South Atlantic Fisheries Foundation, lobsters in the South Atlantic. The EFP Notification to Importers Inc. If granted, the EFP would authorize exempts personnel from the Gulf and the applicants, with certain conditions, South Atlantic Fisheries Foundation, This notice serves as a final reminder to collect and retain limited numbers of Inc. (Foundation) from bag limits, size to importers of their responsibility, specimens that would otherwise be limits, quotas, seasonal restrictions, and under 19 CFR 351.402(f)(2), to file a prohibited from possession and gear authorizations, when possessing certificate regarding the reimbursement retention. This study, to be conducted Council-managed species as part of of antidumping duties prior to in the exclusive economic zone (EEZ) of scientific research activities during the liquidation of the relevant entries the South Atlantic and Gulf of Mexico period from March 1, 2010, through July during this review period. Failure to waters, is intended to characterize catch 31, 2011. Specimens would be collected comply with this requirement could and bycatch within the southeastern from Federal waters of the South result in the Secretary’s presumption shrimp fishery. Atlantic and Gulf of Mexico regions. that reimbursement of antidumping DATES: Comments must be received no Sampling would occur during normal duties occurred and the subsequent later than 5 p.m., eastern time, on March fishing operations of the commercial assessment of double antidumping 8, 2010. penaeid shrimp fishery. Sampling duties. ADDRESSES: You may submit comments would occur year-round, collecting as Notification to Interested Parties on the application by any of the many as 500 fish during the course of following methods: the sampling. These fish would be This notice serves as the only • E-mail: retained only in the event of the need reminder to parties subject to [email protected]. Include in for subsequent shore-side identification administrative protective order (APO) of the subject line of the e-mail comment or as documentation of quality their responsibility concerning the the following document identifier: assurance in the data collection process. disposition of proprietary information ‘‘FNDlEFP’’. Data collections for this study would disclosed under APO in accordance • Mail: Steve Branstetter, Southeast support improved information about the with 19 CFR 351.305(a)(3). Timely Regional Office, NMFS, 263 13th catch, bycatch, discards, and the ability written notification of return/ Avenue South, St. Petersburg, FL 33701. to reduce such bycatch for species taken destruction of APO materials or • Fax: 727–824–5308. by the shrimp fishery. These data would conversion to judicial protective order is The application and related provide insight on a stock’s resilience to hereby requested. Failure to comply documents are available for review fishing, and would help refine estimates with the regulations and the terms of an upon written request to any of the above of long-term biological productivity of APO is a sanctionable violation. addresses. the stocks. Currently, these data are unavailable, and it is anticipated project We are issuing and publishing these FOR FURTHER INFORMATION CONTACT: results will yield valuable data within results of review in accordance with Steve Branstetter, 727–824–5305; fax: this fishery. sections 751(a)(1) and 777(i)(1) of the 727–824–5308; e-mail: NMFS finds this application warrants Act. [email protected]. further consideration. Conditions the Dated: February 1, 2010. SUPPLEMENTARY INFORMATION: The EFP is agency will impose on this permit, if it Carole A. Showers, requested under the authority of the is indeed granted, include but are not Acting Deputy Assistant Secretary for Policy Magnuson-Stevens Fishery limited to, a prohibition of conducting and Negotiations. Conservation and Management Act (16 research within marine protected areas, U.S.C. 1801 et seq.), and regulations at marine sanctuaries, or special Appendix–Issues in the Decision 50 CFR 600.745(b) concerning exempted management zones, without additional Memorandum fishing. authorization. Additionally, NMFS will The described research is part of two prohibit the possession of Nassau or 1. Middleman Dumping Cooperative Agreements (No. goliath grouper, and require any sea [FR Doc. 2010–2592 Filed 2–4–10; 8:45 am] NA08NMF4330406 and No. NA09 turtles taken incidentally during the BILLING CODE 3510–DS–S NMF4540135). The research is intended course of fishing or scientific research

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activities to be be handled with due care ADDRESSES: You may submit comments North lati- West lon- to prevent injury to live specimens, on the application by any of the Point tude gitude observed for activity, and returned to following methods: ° ° the water. All Foundation-associated • E-mail: [email protected]. B 26 26’00’’ 82 29’00’’ Include in the subject line of the e-mail personnel who conduct onboard C 25°15’00’’ 82°02’00’’ sampling activities have undergone comment the following document formal sea turtle handling training identifier: ‘‘HaugenlEFP’’. D 24°48’00’’ 82°06’00’’ through NMFS, and are considered • Mail: Peter Hood, Southeast NMFS-designated agents while Regional Office, NMFS, 263 13th E 24°45’00’’ 82°42’00’’ conducting work under the identified Avenue South, St. Petersburg, FL 33701. ° ° Cooperative Agreements. • Fax: 727–824–5308. F 24 48’00’’ 82 48’00’’ The application and related A final decision on issuance of the G 25°07’30’’ 82°34’00’’ EFP will depend on a NMFS review of documents are available for review public comments received on the upon written request to any of the above H 26°26’00’’ 82°59’00’’ application, consultations with the addresses. affected states, the Gulf of Mexico and FOR FURTHER INFORMATION CONTACT: The gear proposed to be tested is South Atlantic Fishery Management Peter Hood, 727–824–5305; fax: 727– similar to a fish trap but has an Councils, and the U.S. Coast Guard, and 824–5308; e-mail: adjustable entrance and exit. It would be a determination that it is consistent with [email protected]. tested under an experimental design all applicable laws. SUPPLEMENTARY INFORMATION: The EFP is developed with input from NMFS’ Authority: 16 U.S.C. 1801 et seq. requested under the authority of the Southeast Fisheries Science Center. The gear initially would be fished in Dated: February 1, 2010. Magnuson-Stevens Fishery Conservation and Management Act (16 conjunction with traditional fish traps Emily H. Menashes, U.S.C. 1801 et seq.), and regulations at to determine the size selectivity and Acting Director, Office of Sustainable 50 CFR 600.745(b) concerning exempted bycatch reduction offered by EFD. If Fisheries, National Marine Fisheries Service. fishing. shown effective, the EFDs would be [FR Doc. 2010–2428 Filed 2–4–10; 8:45 am] The proposed gear testing involves used exclusively for the remainder of BILLING CODE 3510–22–S activities otherwise prohibited by the year to test what affect further regulations implementing the Fishery modifications to the gear would have on Management Plan for the Reef Fish catch. DEPARTMENT OF COMMERCE Resources of the Gulf of Mexico. The Bycatch and regulatory discards are applicant requires authorization to persistent problems in the Gulf of National Oceanic and Atmospheric Mexico reef fish fishery. This is Administration harvest fish with unauthorized fishing gear under his commercial reef fish particularly important for grouper permit and individual fishing quota caught by the commercial sector as RIN 0648–XT85 (IFQ) allocation for one year while stated by the Gulf of Mexico Fishery Management Council in their Fisheries of the Caribbean, Gulf of testing his EFD. Testing would occur in Federal waters off the west coast of Amendment 32 to the Fishery Mexico, and South Atlantic; Reef Fish Management Plan for the Reef Fish Fishery of the Gulf of Mexico Florida, in two geographical areas. The northern area is bounded by rhumb Resources of the Gulf of Mexico. Even though grouper are managed under an AGENCY: National Marine Fisheries lines connecting, in order, the following IFQ program, potential reductions in the Service (NMFS), National Oceanic and points: gag allowable biological catch could Atmospheric Administration (NOAA), impinge upon the harvest of red grouper Commerce. Point North lati- West lon- tude gitude due to gag bycatch. Providing fishermen ACTION: Notice of receipt of an with a method to target one species over ° ° application for an exempted fishing A 29 05’00’’ 84 47’00’’ another would allow them to maximize permit; request for comments. B 28°42’30’’ 84°24’50’’ their economic return from fishing while reducing bycatch and regulatory SUMMARY: NMFS announces the receipt C 28°42’30’’ 84°16’20’’ discards. of an application for an exempted NMFS finds this application warrants fishing permit (EFP) from Mr. Thomas D 28°11’00’’ 84°00’00’’ further consideration. Conditions the Haugen. If granted, the EFP would ° ° agency will impose on this permit, if it authorize the applicant, with certain E 28 10’00’’ 83 45’00’’ is indeed granted, include but are not conditions, to harvest legal-sized fish F 28°10’00’’ 83°14’00’’ limited to, a prohibition of conducting with unauthorized fishing gear under research within marine protected areas, his commercial reef fish permit and G 29°37’00’’ 84°00’00’’ marine sanctuaries, or special individual fishing quota allocation for management zones without additional one year when testing his size-selective H 29°35’00’’ 84°38’00’’ authorization. Additionally, NMFS fishing gear called an excluding fishing requires any sea turtles taken device (EFD). This study is intended to The southern area is bounded by incidentally during the course of fishing provide detailed information and rhumb lines connecting, in order, the or scientific research activities to be disposition of reef fish caught by Mr. following points: handled with due care to prevent injury Haugen’s size-selective fishing device to live specimens, observed for activity, and its affect on minimizing bycatch. North lati- West lon- Point tude gitude and returned to the water. DATES: Comments must be received no A final decision on issuance of the later than 5 p.m., eastern time, on March A 26°26’00’’ 82°59’00’’ EFP will depend on a NMFS review of 8, 2010. public comments received on the

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application, consultations with the [email protected] no later than two of which are being individually affected states, the Gulf of Mexico February 10, 2010. examined as mandatory respondents. Fishery Management Council, and the A limited number of seats will be We have preliminarily determined U.S. Coast Guard, and a determination available for the public session. that one of the mandatory respondents that it is consistent with all applicable Reservations are not accepted. To the made sales in the United States at prices laws. extent that time permits, members of the below normal value (NV), one Authority: 16 U.S.C. 1801 et seq. public may present oral statements to mandatory respondent and two separate the Committee. The public may submit rate applicants did not demonstrate that Dated: February 1, 2010. written statements at any time before or they are entitled to a separate rate, and Emily H. Menashes, after the meeting. However, to facilitate thus have been treated as part of the Acting Director, Office of Sustainable the distribution of public presentation PRC-wide entity, and 12 separate rate Fisheries, National Marine Fisheries Service. materials to the Committee members, applicants demonstrated that they are [FR Doc. 2010–2429 Filed 2–4–10; 8:45 am] the Committee suggests that presenters entitled to a separate rate and have been BILLING CODE 3510–22–S forward the public presentation assigned the dumping margin calculated materials prior to the meeting to Ms. for the one fully participating Springer via e-mail. mandatory respondent. If these DEPARTMENT OF COMMERCE The Assistant Secretary for preliminary results are adopted in our Administration, with the concurrence of final results of review, we will instruct Bureau of Industry and Security the delegate of the General Counsel, U.S. Customs and Border Protection Emerging Technology and Research formally determined on January 26, (CBP) to assess antidumping duties on Advisory Committee; Notice of 2010, pursuant to Section 10(d) of the entries of subject merchandise during Partially Closed Meeting Federal Advisory Committee Act, as the POR for which the importer-specific amended (5 U.S.C. app. 2 (10)(d)), that assessment rates are above de minimis. The Emerging Technology and the portion of the meeting dealing with We invite interested parties to Research Advisory Committee (ETRAC) matters the disclosure of portion of the comment on these preliminary results. will meet on February 18 and 19, 2010, meeting dealing with matters the Parties who submit comments are 8:30 a.m., Room 3884, at the Herbert C. disclosure of which would be likely to requested to submit with each argument Hoover Building, 14th Street between frustrate significantly implementation of a statement of the issue and a brief Pennsylvania and Constitution an agency action as described in 5 summary of the argument. We intend to Avenues, NW., Washington, DC. The U.S.C. 552b(c)(9)(B) shall be exempt issue the final results of this review no Committee advises the Office of the from the provisions relating to public later than 120 days from the date of Assistant Secretary for Export meetings found in 5 U.S.C. app. 2 10(a)1 publication of this notice. Administration on emerging technology and 10(a)(3). The remaining portions of FOR FURTHER INFORMATION CONTACT: Jeff and research activities, including those the meeting will be open to the public. Pedersen or David Edmiston, AD/CVD related to deemed exports. For more information, call Yvette Operations, Office 4, Import Springer at (202) 482–2813. Agenda Administration, International Trade Dated: January 29, 2010. Administration, U.S. Department of Thursday, February 18 Yvette Springer, Commerce, 14th Street and Constitution Open Session Committee Liaison Officer. Avenue, NW., Washington, DC 20230; telephone: (202) 482–2769, and (202) [FR Doc. 2010–2502 Filed 2–4–10; 8:45 am] 1. Opening Remarks. 482–0989 respectively. BILLING CODE 3510–JT–P 2. Is Deemed Export Regulation Broken? SUPPLEMENTARY INFORMATION: On 3. Discussion with the Bureau of January 4, 2005, the Department Industry and Security on Process. DEPARTMENT OF COMMERCE published in the Federal Register the 4. Deemed Export Control Methodology. antidumping duty order on WBF from 5. Public Comments. International Trade Administration the PRC. See Notice of Amended Final Closed Session [A–570–890] Determination of Sales at Less Than Fair Value and Antidumping Duty 6. Discussion of matters determined to Order: Wooden Bedroom Furniture from be exempt from the provisions Wooden Bedroom Furniture From the the People’s Republic of China, 70 FR relating to public meetings found in People’s Republic of China: 329 (January 4, 2005) (Order). On 5 U.S.C. app. 2 §§ 10(a)(1) and Preliminary Results of Antidumping January 5, 2009, the Department notified 10(a)(3). Duty Administrative Review and Intent To Rescind Review in Part interested parties of their opportunity to Friday, February 19 request an administrative review of AGENCY: Import Administration, orders, finding, or suspended Open Session International Trade Administration, investigations with anniversaries in 1. NSC Interagency Policy Committee on Department of Commerce. January 2009, including the Export Controls. SUMMARY: In response to requests from antidumping duty order on WBF from 2. Corporate Views on BIS Deemed interested parties, the Department of the PRC. See Antidumping or Export Controls. Commerce (Department) is conducting Countervailing Duty Order, Finding, or 3. Deemed Export Control Methodology. an administrative review of the Suspended Investigation; Opportunity 4. Discussion of Next TASK. antidumping duty order on wooden to Request Administrative Review, 74 5. Public Comments. bedroom furniture (WBF) from the FR 265 (January 5, 2009). In January The open session will be accessible People’s Republic of China (PRC). The 2009, the American Furniture via teleconference to 20 participants on period of review (POR) is January 1, Manufacturers Committee for Legal a first come, first serve basis. To join the 2008 through December 31, 2008. This Trade and Vaughan-Bassett Furniture conference, submit inquiries to Ms. administrative review covers multiple Company, Inc., (AFMC/Vaughan- Yvette Springer at exporters of the subject merchandise, Bassett) (petitioners), Kimball

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International, Inc., Kimball Furniture 200 companies/company groupings, accepted American of Martinsville’s Group, Inc. and Kimball Hospitality using Q&V data the Department limited February 2, 2009, request for an Inc., and the domestic interested party the number of companies to be administrative review of Guangzhou American of Martinsville, and certain individually examined to: (1) Dalian Maria Yee Furnishings Ltd., PYLA HK foreign exporters requested that the Huafeng Furniture Co., Ltd., (Huafeng) Ltd., and Maria Yee, Inc.9 The Department conduct an administrative (2) Guangdong Yihua Timber Industry Department also determined that review of certain companies. In total, Co., Ltd., (Yihua) and (3) Shanghai Xilinmen Group Co. Ltd. does not administrative reviews were requested Aosen Furniture Co., Ltd. (Aosen) as currently have separate rate status; 10 for 200 companies. On February 26, mandatory respondents.3 decided it was inappropriate to apply 2009, the Department published in the On April 20 and 21, 2009, the Woodworth Wooden Industries (Dong Federal Register a notice initiating an Department issued the antidumping Guan) Co., Ltd.’s separate rate to antidumping duty administrative review questionnaire to Huafeng, Yihua, Aosen, Woodworth International Corp. (HK); 11 of WBF from the PRC covering 200 and made the questionnaire available to and found that Yeh Brothers World companies and the period January 1, the voluntary respondents, which Trade, Inc. had no sales of subject 2008 through December 31, 2008. See included the group Dongguan Sunrise merchandise for export to the United Initiation of Antidumping Duty Furniture Co., Taicang Sunrise Wood States during the instant POR.12 Administrative Review, 74 FR 8776 Industry Co., Ltd., and Fairmont In response to the Department’s June (February 26, 2009) (Initiation Notice). Designs.4 After all parties withdrew 22, 2009, letter providing parties with In the Initiation Notice, parties were their review requests for Huafeng and an opportunity to submit comments notified that if the Department limited Yihua,5 the Department issued an regarding surrogate country and the number of respondents selected for amendment to the Respondent Selection surrogate value selection,13 Fairmont individual examination, it would select Memorandum on May 29, 2009, naming and AFMC/Vaughan Bassett filed respondents based on export/shipment the group Dongguan Sunrise Furniture surrogate country and surrogate value data provided in response to the Co., Taicang Sunrise Wood Industry Co., comments from July 2009 through Department’s quantity and value (Q&V) Ltd., and Fairmont Designs as an January 2010. questionnaire. See Initiation Notice 74 additional mandatory respondent.6 During March, April, and May 2009, FR at 8776–77. The Initiation Notice Between April 2009 and January a number of interested parties withdrew also notified parties that they must 2010, Fairmont 7 responded to the their review requests. On September 2, timely submit Q&V questionnaire Department’s questionnaire and 2009, the Department published a notice responses and separate rate applications supplemental questionnaires and the rescinding the review with respect to or separate rate certifications in order to petitioners commented on Fairmont’s 125 entities for which all review qualify for a separate rate. See Id. responses. After partially responding to requests had been withdrawn. See On February 26, 2009, the Department section A of the antidumping Wooden Bedroom Furniture from the issued Q&V questionnaires to all questionnaire, on June 3, 2009, Aosen People’s Republic of China: Notice of companies subject to the review, and notified the Department that it would no Partial Rescission of Antidumping Duty requested that the companies report the longer be participating in the review, Administrative Review, 74 FR 45424 Q&V of their POR exports and/or except with respect to demonstrating its (September 2, 2009).14 shipments of WBF to the United States. eligibility to receive a separate rate, On September 18, 2009, the The Department received Q&V briefing, and any hearing that may be Department extended the deadline for questionnaire responses and separate held in the review.8 rate certifications and applications in After considering comments from 9 See April 13, 2009, memorandum entitled March and April 2009.1 interested parties, the Department ‘‘Requests for Review of Maria Yee by American On March 27, 2009, petitioners Furniture Manufacturers Committee for Legal Trade and American of Martinsville in the Antidumping 3 See Respondent Selection Memorandum. requested that the Department Duty Administrative Review of Wooden Bedroom 4 determine whether certain companies Dongguan Sunrise Furniture Co., Taicang Furniture from the People’s Republic of China.’’ Sunrise Wood Industry Co., Ltd., Fairmont Designs, for which it requested a review had 10 See May 8, 2009, memorandum entitled Shanghai Sunrise Furniture Co., Ltd., Fine ‘‘Xilinmen Group Co. Ltd.’s Separate Rate Status in absorbed antidumping duties for U.S. Furniture (Shanghai) Ltd. and Meikangchi sales of WBF made during the POR, (Nantong) Furniture Company Ltd. requested to be the Antidumping Duty Proceeding Involving Wooden Bedroom Furniture from the People’s pursuant to section 751(a)(4) of the treated as voluntary respondents. See Fairmont’s Quantity and Value submission of January 29, 2009. Republic of China.’’ Tariff Act of 1930, as amended (the Act). 11 5 All review requests were withdrawn for Huafeng See September 15, 2009, memorandum entitled In March and April 2009, interested and Yihua prior to the due date for them to respond ‘‘Woodworth Wooden Industries (Dong Guan) Co., parties submitted comments on to section A of the questionnaire. Ltd.’s Request in the Fourth Antidumping Duty respondent selection.2 Given its limited 6 See memorandum to Abdelali Elouaradia Administrative Review of Wooden Bedroom Furniture from the People’s Republic of China.’’ resources, and the fact that an regarding ‘‘Amendment to Respondent Selection in the Antidumping Duty Administrative Review of 12 See the November 13, 2009, memorandum administrative review was requested for Wooden Bedroom Furniture from the People’s entitled ‘‘2008 Antidumping Duty Administrative Republic of China’’ dated May 29, 2009. Review of Wooden Bedroom Furniture from the 1 The Department did not receive Q&V 7 Fairmont refers to the following companies People’s Republic of China (PRC): Whether to questionnaire responses from all 200 of the which the Department has treated as a single entity: Rescind the Review with Respect to Yeh Brothers companies for which the instant review was Dongguan Sunrise Furniture Co., Ltd., Taicang World Trade, Inc.’’ initiated. See the ‘‘Non-responsive Companies’’ Sunrise Wood Industry Co., Ltd., Taicang 13 See Letter from Howard Smith, Program section of this notice below for a detailed Fairmount Designs Furniture Co., Ltd., and Manager, Office 4, to All Interested Parties, discussion of these companies. In addition to the Meizhou Sunrise Furniture Co., Ltd. (Fairmont). See ‘‘Antidumping Duty Administrative Review of mandatory respondents, the Department received memorandum to John M. Andersen regarding Wooden Bedroom Furniture from the People’s separate rate certifications and applications from 12 ‘‘Affiliation and Single Entity Status of Dongguan Republic of China (PRC),’’ dated June 22, 2009. companies for which all review requests have not Sunrise Furniture Co., Ltd., Taicang Sunrise Wood 14 Six companies (Ningbo Hengrun Furniture Co. been withdrawn. Industry Co., Ltd., Taicang Fairmount Designs Ltd, Ningbo Furniture Industries Limited, Ningbo 2 See memorandum to Abdelali Elouaradia Furniture Co., Ltd., and Meizhou Sunrise Furniture Fubang Furniture Industries Limited, Techniwood regarding ‘‘Respondent Selection in the Co., Ltd.’’ dated October 8, 2009. Industries Ltd., Techniwood (Macao Commercial Antidumping Duty Administrative Review of 8 See Aosen’s Withdrawal of Section A Offshore) Limited, Ningbo Techniwood Furniture Wooden Bedroom Furniture from the People’s Questionnaire Response, dated June 3, 2009; also Industries Limited) listed as one company in the Republic of China’’ dated April 20, 2009 see the section of this notice entitled ‘‘Aosen’’ initiation were itemized as 4 companies in the (Respondent Selection Memorandum). below. rescission notice.

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the issuance of the preliminary results on-chests,16 highboys,17 lowboys,18 (9) jewelry armories; 26 (10) cheval of the administrative review until chests of drawers,19 chests,20 door mirrors; 27 (11) certain metal parts; 28 February 1, 2010. See Wooden Bedroom chests,21 chiffoniers,22 hutches,23 and (12) mirrors that do not attach to, Furniture from the People’s Republic of armoires; 24 (6) desks, computer stands, incorporate in, sit on, or hang over a China: Extension of Time Limits for the filing cabinets, book cases, or writing dresser if they are not designed and Preliminary Results of the Antidumping tables that are attached to or marketed to be sold in conjunction with Duty Administrative Review, 74 FR incorporated in the subject a dresser as part of a dresser-mirror set; 29 47919 (September 18, 2009). merchandise; and (7) other bedroom (13) upholstered beds and (14) toy furniture consistent with the above list. boxes.30 In October and November, 2009, the The scope of the order excludes the Department verified the questionnaire following items: (1) Seats, chairs, 26 Any armoire, cabinet or other accent item for and supplemental questionnaire benches, couches, sofas, sofa beds, the purpose of storing jewelry, not to exceed 24 in responses of Fairmont and the separate stools, and other seating furniture; (2) width, 18 in depth, and 49 in height, including a minimum of 5 lined drawers lined with felt or felt- rate respondent, Longrange Furniture mattresses, mattress supports (including like material, at least one side door (whether or not Co. Ltd. (Longrange).15 box springs), infant cribs, water beds, the door is lined with felt or felt-like material), with and futon frames; (3) office furniture, necklace hangers, and a flip-top lid with inset Scope of the Order such as desks, stand-up desks, computer mirror. See Issues and Decision Memorandum from Laurel LaCivita to Laurie Parkhill, Office Director, The product covered by the order is cabinets, filing cabinets, credenzas, and Concerning Jewelry Armoires and Cheval Mirrors in wooden bedroom furniture. Wooden bookcases; (4) dining room or kitchen the Antidumping Duty Investigation of Wooden Bedroom Furniture from the People’s Republic of bedroom furniture is generally, but not furniture such as dining tables, chairs, servers, sideboards, buffets, corner China, dated August 31, 2004. See also Wooden exclusively, designed, manufactured, Bedroom Furniture from the People’s Republic of cabinets, china cabinets, and china and offered for sale in coordinated China: Notice of Final Results of Changed hutches; (5) other non-bedroom Circumstances Review and Revocation in Part, 71 groups, or bedrooms, in which all of the furniture, such as television cabinets, FR 38621 (July 7, 2006). individual pieces are of approximately cocktail tables, end tables, occasional 27 Cheval mirrors are any framed, tiltable mirror the same style and approximately the with a height in excess of 50 that is mounted on tables, wall systems, book cases, and a floor-standing, hinged base. Additionally, the same material and/or finish. The subject entertainment systems; (6) bedroom scope of the order excludes combination cheval merchandise is made substantially of furniture made primarily of wicker, mirror/jewelry cabinets. The excluded merchandise wood products, including both solid cane, osier, bamboo or rattan; (7) side is an integrated piece consisting of a cheval mirror, i.e., a framed tiltable mirror with a height in excess wood and also engineered wood rails for beds made of metal if sold of 50 inches, mounted on a floor-standing, hinged products made from wood particles, separately from the headboard and base, the cheval mirror serving as a door to a fibers, or other wooden materials such footboard; (8) bedroom furniture in cabinet back that is integral to the structure of the as plywood, strand board, particle which bentwood parts predominate; 25 mirror and which constitutes a jewelry cabinet line with fabric, having necklace and bracelet hooks, board, and fiberboard, with or without mountings for rings and shelves, with or without a wood veneers, wood overlays, or 16 A chest-on-chest is typically a tall chest-of- working lock and key to secure the contents of the laminates, with or without non-wood drawers in two or more sections (or appearing to be jewelry cabinet back to the cheval mirror, and no in two or more sections), with one or two sections drawers anywhere on the integrated piece. The fully components or trim such as metal, mounted (or appearing to be mounted) on a slightly assembled piece must be at least 50 inches in marble, leather, glass, plastic, or other larger chest; also known as a tallboy. height, 14.5 inches in width, and 3 inches in depth. resins, and whether or not assembled, 17 A highboy is typically a tall chest of drawers See Wooden Bedroom Furniture From the People’s usually composed of a base and a top section with Republic of China: Final Results of Changed completed, or finished. drawers, and supported on four legs or a small chest Circumstances Review and Determination to Revoke The subject merchandise includes the (often 15 inches or more in height). Order in Part, 72 FR 948 (January 9, 2007). 18 A lowboy is typically a short chest of drawers, 28 Metal furniture parts and unfinished furniture following items: (1) Wooden beds such not more than four feet high, normally set on short parts made of wood products (as defined above) as loft beds, bunk beds, and other beds; legs. that are not otherwise specifically named in this (2) wooden headboards for beds 19 A chest of drawers is typically a case scope (i.e., wooden headboards for beds, wooden (whether stand-alone or attached to side containing drawers for storing clothing. footboards for beds, wooden side rails for beds, and 20 A chest is typically a case piece taller than it wooden canopies for beds) and that do not possess rails), wooden footboards for beds, is wide featuring a series of drawers and with or the essential character of wooden bedroom wooden side rails for beds, and wooden without one or more doors for storing clothing. The furniture in an unassembled, incomplete, or canopies for beds; (3) night tables, night piece can either include drawers or be designed as unfinished form. Such parts are usually classified a large box incorporating a lid. under the Harmonized Tariff Schedule of the stands, dressers, commodes, bureaus, 21 A door chest is typically a chest with hinged United States (‘‘HTSUS’’) subheading 9403.90.7000. mule chests, gentlemen’s chests, doors to store clothing, whether or not containing 29 Upholstered beds that are completely bachelor’s chests, lingerie chests, drawers. The piece may also include shelves for upholstered, i.e., containing filling material and televisions and other entertainment electronics. completely covered in sewn genuine leather, wardrobes, vanities, chessers, 22 A chiffonier is typically a tall and narrow chest synthetic leather, or natural or synthetic decorative chifforobes, and wardrobe-type cabinets; of drawers normally used for storing undergarments fabric. To be excluded, the entire bed (headboards, (4) dressers with framed glass mirrors and lingerie, often with mirror(s) attached. footboards, and side rails) must be upholstered that are attached to, incorporated in, sit 23 A hutch is typically an open case of furniture except for bed feet, which may be of wood, metal, with shelves that typically sits on another piece of or any other material and which are no more than on, or hang over the dresser; (5) chests- furniture and provides storage for clothes. nine inches in height from the floor. See Wooden 24 An armoire is typically a tall cabinet or Bedroom Furniture from the People’s Republic of wardrobe (typically 50 inches or taller), with doors, China: Final Results of Changed Circumstances and with one or more drawers (either exterior below Review and Determination to Revoke Order in Part, 15 See the separate December 30, 2009, or above the doors or interior behind the doors), 72 FR 7013 (February 14, 2007). memoranda regarding verification in the 4th shelves, and/or garment rods or other apparatus for 30 To be excluded the toy box must: (1) Be wider Antidumping Duty Administrative Review of storing clothes. Bedroom armoires may also be used than it is tall; (2) have dimensions within 16 inches Wooden Bedroom Furniture from the People’s to hold television receivers and/or other audio- to 27 inches in height, 15 inches to 18 inches in visual entertainment systems. depth, and 21 inches to 30 inches in width; (3) have Republic of China covering Longrange, Dongguan 25 As used herein, bentwood means solid wood a hinged lid that encompasses the entire top of the Sunrise Furniture Co., Ltd., Fairmont International made pliable. Bentwood is wood that is brought to box; (4) not incorporate any doors or drawers; (5) Co., Ltd., Cambium Business Group, Inc. (d.b.a. a curved shape by bending it while made pliable have slow-closing safety hinges; (6) have air vents; Fairmont), FDUSA, and Taicang Sunrise Wood with moist heat or other agency and then set by (7) have no locking mechanism; and (8) comply Industry Co., Ltd. (referred to collectively as the 4th cooling or drying. See Customs’ Headquarters’ with American Society for Testing and Materials Review Verification Reports). Ruling Letter 043859, dated May 17, 1976. (ASTM) standard F963–03. Toy boxes are boxes

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Imports of subject merchandise are Duty Absorption on all U.S. sales made through its classified under subheading Section 751(a)(4) of the Act provides affiliated importer. 9403.50.9040 of the HTSUS as ‘‘wooden for the Department, if requested, to The separate-rate respondents were * * * beds’’ and under subheading determine during an administrative only requested to provide information 9403.50.9080 of the HTSUS as ‘‘other review initiated two or four years after on their separate-rate status. Thus, we * * * wooden furniture of a kind used publication of the order, whether do not have the information necessary in the bedroom.’’ In addition, wooden antidumping duties have been absorbed to assess whether the separate-rate headboards for beds, wooden footboards by a foreign producer or exporter, if the respondents absorbed antidumping for beds, wooden side rails for beds, and subject merchandise is sold in the duties. Accordingly, we cannot make wooden canopies for beds may also be United States through an affiliated duty absorption determinations with entered under subheading 9403.50.9040 importer. See also, 19 CFR 351.213(j). respect to these companies. As of the HTSUS as ‘‘parts of wood’’ and On March 27, 2009, the petitioners explained below, Aosen did not fully framed glass mirrors may also be requested that the Department participate in this review and has been entered under subheading 7009.92.5000 determine whether the mandatory treated as part of the PRC entity. of the HTSUS as ‘‘glass mirrors * * * respondents and separate-rate framed.’’ This order covers all WBF respondents had absorbed antidumping Intent To Rescind the 2008 meeting the above description, duties for U.S. sales of WBF made Administrative Review, in Part regardless of tariff classification. during the POR. Since the instant Although the HTSUS subheadings are In response to the Department’s Q&V review was initiated four years after questionnaire, 27 companies reported provided for convenience and customs publication of the WBF order, we have purposes, our written description of the that they made no shipments of subject conducted a duty absorption analysis. merchandise to the United States during scope of this proceeding is dispositive. In determining whether the the POR. To test these claims the antidumping duties have been absorbed Verification Department ran a CBP data query, by the respondent, we presume the issued no-shipment inquiries to CBP duties will be absorbed for those sales As provided in section 782(i) of the asking it to provide any information that that have been made at less than NV. Act, we have verified information contradicted the no shipment claims, provided by Fairmont and Longrange This presumption can be rebutted with evidence (e.g., an agreement between and obtained entry documents from using standard verification procedures CBP.34 After examining record including on-site inspection of the the affiliated importer and unaffiliated purchaser) that the unaffiliated information, we have preliminarily manufacturer’s facilities and the determined that one of the 27 examination of relevant sales and purchaser will pay the full duty ultimately assessed on the subject companies, Inni Furniture, did have financial records. Our verification shipments of subject merchandise that results are outlined in the verification merchandise. See, e.g., Certain Stainless Steel Butt-Weld Pipe Fittings From entered the United States during the reports, the public versions of which are POR.35 In addition, we found that there available in the Central Records Unit, Taiwan: Preliminary Results of Antidumping Duty Administrative was insufficient evidence on the record Room 1117 of the main Department to preliminarily rescind the review with building.31 Review and Notice of Intent to Rescind in Part, 70 FR 39735, 39737 (July 11, respect to another company, Nanjing 2005), (unchanged in final results) Nanmu Furniture Co., Ltd. (Nanjing generally designed for the purpose of storing Nanmu). We intend to obtain additional children’s items such as toys, books, and Notice of Final Results and Final playthings. See Wooden Bedroom Furniture from Rescission in Part of Antidumping Duty information regarding Nanjing Nanmu’s the People’s Republic of China: Final Results of Administrative Review: Certain no shipments claim and to continue Changed Circumstances Review and Determination examining the claim. to Revoke Order in Part, 74 FR 8506 (February 25, Stainless Steel Butt-Weld Pipe Fittings 2009). Further, as determined in the scope ruling From Taiwan, 70 FR 73727, 73728 Since record evidence did not memorandum ‘‘Wooden Bedroom Furniture from (December 13, 2005). The Department contradict the no shipment claims of the the People’s Republic of China: Scope Ruling on a requested that Fairmont provide following companies, the Department White Toy Box,’’ dated July 6, 2009, the has preliminarily rescinded this dimensional ranges used to identify the toy boxes evidence that its unaffiliated U.S. that are excluded from the wooden bedroom purchaser will pay any antidumping administrative review with respect to furniture order apply to the box itself rather than duties ultimately assessed on entries of these companies pursuant to 19 CFR the lid. subject merchandise.32 Fairmont did not 351.213(d)(3): 31 See the February 1, 2010, memoranda titled provide any evidence in response to the • ‘‘Verification of the Sales and Separate Rate Dalian Pretty Home Furniture 33 Questionnaire Responses of Longrange Furniture Department’s request. Accordingly, • Dongguan Dihao Furniture Co., Ltd. Co., Ltd in the 4th Antidumping Duty based on the information on the record, • Dongguan Mingsheng Furniture Co., Ltd. Administrative Review of Wooden Bedroom we cannot conclude that the unaffiliated • Dongguan Mu Si Furniture Co., Ltd. Furniture from the People’s Republic of China purchasers in the United States will • Dongguan Sunshine Furniture Co., Ltd. (PRC),’’ ‘‘Verification at Dongguan Sunrise Furniture • Fortune Furniture Ltd., Dongguan Co., Ltd. in the 4th Antidumping Duty ultimately pay assessed duties. Since Fortune Furniture Ltd. Administrative Review of Wooden Bedroom Fairmont did not rebut the duty- • Furniture from the People’s Republic of China,’’ absorption presumption with evidence Foshan Guanqiu Furniture Co., Ltd. • Fujian Lianfu Forestry Co., Ltd., a.k.a. ‘‘Verification at Fairmont International Co., Ltd. in that its unaffiliated U.S. purchasers will the 4th Antidumping Duty Administrative Review Fujian Wonder Pacific Inc. (Dare Group) of Wooden Bedroom Furniture from the People’s pay the full duty ultimately assessed on • Fuzhou Huan Mei Furniture Co., Ltd. Republic of China,’’ ‘‘Verification at Cambium the subject merchandise, we (Dare Group) Business Group, Inc. (d.b.a. Fairmont) in the 4th preliminarily find that antidumping Antidumping Duty Administrative Review of duties have been absorbed by Fairmont Wooden Bedroom Furniture from the People’s 34 See memorandum to Abdelali Elouaradia Republic of China,’’ and ‘‘Verification at Taicang Director Office 4 regarding ‘‘Intent to Rescind the Sunrise Wood Industry Co., Ltd. in the 4th 32 See the Department’s June 10, 2009, Review of Respondents Claiming No Sales/ Antidumping Duty Administrative Review of supplemental questionnaire sent to Fairmont at Shipments’’ dated February 1, 2010. Wooden Bedroom Furniture from the People’s question 146. 35 See Id; see also the ‘‘Separate Rates’’ section of Republic of China,’’ (collectively referred to as the 33 See Fairmont’s July 2, 2009, supplemental this notice below for further information regarding 4th Review Verification Reports). questionnaire response. the treatment of Inni.

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• Gaomi Yatai Wooden Ware Co., Ltd., production in one or more market used material and accounted for 51% of Team Prospect International Ltd., Money economy countries that are—(A) At a all Philippine furniture exports.44 In Gain International Co. level of economic development addition, both The Furniture Industry in • Golden Well International (HK), Ltd. • comparable to that of the NME country, the Philippines and State of the Sector Guangdong New Four Seas Furniture and (B) significant producers of Report on Philippine Furniture 2006 Manufacturing Ltd. • Guangzhou Lucky Furniture Co. Ltd. comparable merchandise.’’ Further, describe the furniture sector as • Jiangsu Dare Furniture Co., Ltd. (Dare pursuant to 19 CFR 351.408(c)(2), the comprised of approximately 15,000 Group) Department will normally value all FOP manufacturers and 800,000 workers.45 • Macau Youcheng Trading Co., in a single country, except for labor. Thus, record evidence shows that the Zhongshan Youcheng Wooden Arts & Crafts In the instant review, the Department Philippines is a significant producer of Co., Ltd. identified India, Indonesia, the merchandise that is comparable to the • Nantong Yangzi Furniture Co., Ltd. Philippines, Colombia, Thailand, and merchandise under review. • Po Ying Industrial Co. Peru as being at a level of economic • With respect to data considerations in Qingdao Beiyuan-Shengli Furniture Co., development comparable to the PRC.38 selecting a surrogate country, AFMC/ Ltd., Qingdao Beiyuan Industry Trading Co. On July 20, 2009, the petitioners and Ltd. Vaughan Bassett and Fairmont have • Qingdao Shengchang Wooden Co., Ltd Fairmont provided information submitted publicly-available Philippine • Shanghai Fangjia Industry Co., Ltd.36 regarding the selection of a surrogate data for valuing Fairmont’s FOP. In 39 • Shenzhen Shen Long Hang Industry Co., country. On August 11, 2009, the addition, the Department used the Ltd. Department received rebuttal surrogate Philippines as the primary surrogate • Tianjin First Wood Co., Ltd. country comments from Fairmont.40 country in the second and third • Winmost Enterprises Limited Although AFMC/Vaughan Bassett administrative reviews of this • Yeh Brothers World Trade, Inc.37 asserts that India is the appropriate 46 • proceeding. Therefore, based on its Zhangzhou XYM Furniture Product Co., surrogate country in the instant review, experience, the Department finds that Ltd. they recognize that in the two most reliable, publicly available data for Non-Market Economy Country Status recent segments of this proceeding, the valuing FOPs exists for the Philippines. Department selected the Philippines as Thus, the Department has In every case conducted by the the surrogate country and therefore, preliminarily selected the Philippines as Department involving the PRC, the PRC they submitted surrogate value the surrogate country because the record has been treated as a non-market information from the Philippines.41 shows that the Philippines is at a level economy (NME) country. In accordance Fairmont asserts that the Philippines of economic development comparable to with section 771(18)(C)(i) of the Act, should be selected as the surrogate that of the PRC and is a significant any determination that a foreign country country.42 No other interested parties producer of merchandise comparable to is an NME country shall remain in effect commented on the selection of a subject merchandise. Moreover, the until revoked by the administering surrogate country. record indicates that sufficient, authority. None of the parties to this Based on the information on the contemporaneous, public Philippine proceeding have contested such record, we find that the Philippines is data are readily-available.47 treatment. Accordingly, the Department a significant producer of comparable Accordingly, we have selected the calculated NV in accordance with merchandise. Specifically, The Philippines as the surrogate country and section 773(c) of the Act, which applies Furniture Industry in the Philippines we have calculated NV using Philippine to NME countries. report indicates that in 2006, Philippine prices to value Fairmont’s FOP.48 In Selection of a Surrogate Country manufacturers produced furniture accordance with 19 CFR valued at $813 million and the 351.301(c)(3)(ii), interested parties may When the Department conducts an Philippines exported furniture valued at antidumping duty administrative review submit publicly-available information to $279 million.43 The State of the Sector value FOP until 20 days after the date of imports from a NME country, section Report on Philippine Furniture 2006 773(c)(1) of the Act directs the of publication of the preliminary indicates that wooden furniture has results.49 Department to base NV, in most cases, replaced rattan as the most commonly on the NME producer’s factors of 44 See Id. production (FOP) valued in a surrogate 38 See memorandum entitled, ‘‘Request for a List 45 See Id. at Exhibits 2 and 4. market-economy country or countries of Surrogate Countries for an Administrative 46 See Wooden Bedroom Furniture from the considered appropriate by the Review of the Antidumping Duty Order on Wooden People’s Republic of China: Preliminary Results of Department. In accordance with section Bedroom Furniture (‘‘WBF’’) from the People’s Antidumping Duty Administrative Review, Republic of China (‘‘PRC’’),’’ dated April 24, 2009 773(c)(4) of the Act, the Department will Preliminary Results of New Shipper Review and (Policy Memorandum). Partial Rescission of Administrative Review, 73 FR value FOP using ‘‘to the extent possible, 39 See Letter from petitioners regarding, ‘‘Wooden 8273, 8277–78 (February 13, 2008) (unchanged in the prices or costs of factors of Bedroom Furniture From the People’s Republic of the final results) and Wooden Bedroom Furniture China: Surrogate Country Comments,’’ dated July from the People’s Republic of China: Preliminary 36 Shanghai Fangjia’s only sales made during the 20, 2009, (‘‘Petitioners’ Surrogate Country Results of Antidumping Duty Administrative and POR were covered by a new shipper review Comments’’) and Letter from Fairmont regarding, New Shipper Reviews and Partial Rescission of covering the period January 1, 2008, through June ‘‘Wooden Bedroom Furniture From the People’s Review, 74 FR 6372, 6376 (February 9, 2009) 30, 2008 and thus are not subject to this review. See Republic of China, A–570–890: Comments on (unchanged in the final results). Wooden Bedroom Furniture From the People’s Surrogate Country Selection,’’ July 20, 2009 47 See February 1, 2010 memorandum entitled Republic of China: Final Results of New Shipper (Fairmont’s Surrogate Country Comments’’). ‘‘Fairmont Designs Factor Valuation Memorandum’’ Review, 74 FR 48905 (September 25, 2009). 40 See Letter from Fairmont regarding, ‘‘Wooden (Factor Valuation Memorandum). 37 See the memorandum to Abdelali Elouaradia Bedroom Furniture From the People’s Republic of 48 See Id. Director, Office 4 regarding the ‘‘2008 Antidumping China, A–570–890: Rebuttal to Petitioners Surrogate 49 In accordance with 19 CFR 351.301(c)(1), for Duty Administrative Review of Wooden Bedroom Country and Surrogate Value Comments of July 20, the final results of this administrative review, Furniture from the People’s Republic of China 2009, ’’ dated August 11, 2009. interested parties may submit factual information to (PRC): Whether to Rescind the Review with Respect 41 See Petitioners’ Surrogate Country Comments rebut, clarify, or correct factual information to Yeh Brothers World Trade, Inc.’’ dated November at 2. submitted by an interested party less than ten days 13, 2009 in which the Department indicated that it 42 See Fairmont’s Surrogate Country Comments at before, on, or after, the applicable deadline for intended to rescind the instant review with respect 1–2. submission of such factual information. However, to Yeh Brothers. 43 See Id. at Exhibit 4. the Department notes that 19 CFR 351.301(c)(1)

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Separate Rates Preliminary Results of Review section 22544, 22545 (May 8, 1995). The ∧ In proceedings involving NME below for companies marked with a ‘‘ ’’ Department has determined that an countries, the Department has a designating these companies as wholly analysis of de facto control is critical in rebuttable presumption that all foreign-owned. determining whether respondents are, in fact, subject to a degree of companies within the country are 2. Joint Ventures Between Chinese and governmental control which would subject to government control and thus Foreign Companies or Wholly Chinese- preclude the Department from assigning should be assessed a single antidumping Owned Companies duty rate. It is the Department’s policy separate rates. For all separate-rate applicants that to assign all exporters of subject The evidence provided by the SR reported that they are either joint merchandise in a NME country this Applicants supports a preliminary ventures between Chinese and foreign single rate unless an exporter can finding of de facto absence of companies or are wholly Chinese- demonstrate that it is sufficiently governmental control based on the owned companies (collectively PRC SR independent so as to be entitled to a following: (1) An absence of restrictive Applicants), the Department has separate rate. Exporters can demonstrate governmental control on the PRC SR analyzed whether each PRC SR this independence through the absence Applicants’ export prices; (2) a showing Applicant has demonstrated the absence of both de jure and de facto of the PRC SR Applicants’ authority to of de jure and de facto governmental governmental control over export negotiate and sign contracts and other control over its respective export activities. The Department analyzes agreements; (3) a showing that the PRC activities. each entity exporting the subject SR Applicants maintain autonomy from merchandise under a test arising from a. Absence of De Jure Control the government in making decisions the Notice of Final Determination of regarding the selection of management; The Department considers the and (4) a showing that the PRC SR Sales at Less Than Fair Value: Sparklers following de jure criteria in determining from the People’s Republic of China, 56 Applicants retain the proceeds of their whether an individual company may be respective export sales and make FR 20588 (May 6, 1991) (Sparklers), as granted a separate rate: (1) An absence further developed in Notice of Final independent decisions regarding of restrictive stipulations associated disposition of profits or financing of Determination of Sales at Less Than with an individual exporter’s business Fair Value: Silicon Carbide from the losses. and export license; (2) legislative The evidence placed on the record by People’s Republic of China, 59 FR enactments decentralizing control of the PRC SR Applicants demonstrates an 22585, 22586–87 (May 2, 1994) (Silicon companies; and (3) other formal Carbide). However, if the Department absence of de jure and de facto measures by the government government control, in accordance with determines that a company is wholly decentralizing control of companies. See foreign-owned or located in a market the criteria identified in Sparklers and Sparklers, 56 FR at 20589. Silicon Carbide. Accordingly, the economy, then a separate rate analysis The evidence provided by the PRC SR is not necessary to determine whether it Department has preliminarily granted a Applicants supports a preliminary separate rate to the PRC SR Applicants. is independent from government finding of de jure absence of control. See Notice of Final See ‘‘Preliminary Results of Review’’ governmental control based on the section below for companies marked Determination of Sales at Less Than following: (1) An absence of restrictive Fair Value: Creatine Monohydrate from with an ‘‘*’’ designating these companies stipulations associated with the as joint ventures between Chinese and the People’s Republic of China, 64 FR individual exporters’ business and 71104, 71105 (December 20, 1999) foreign companies or wholly Chinese- export licenses; (2) applicable legislative owned companies. (where the respondent was wholly enactments decentralizing control of foreign-owned, and thus, qualified for a PRC companies; and (3) formal B. Margins for Separate Rate Recipients separate rate). measures by the government Not Individually Examined A. Separate Rate Recipients decentralizing control of PRC Consistent with our normal practice, companies. we based the weighted-average dumping 1. Wholly Foreign-Owned b. Absence of De Facto Control margin for the separate rate recipients Certain companies reported they are The Department considers four factors not individually examined on the wholly owned by individuals or in evaluating whether each respondent weighted average dumping margin companies located in a market economy is subject to de facto governmental calculated for Fairmont, the one (collectively ‘‘Foreign-owned SR control of its export functions: (1) mandatory respondent that fully Applicants’’). The record indicates that Whether the export prices are set by or participated in this review. The entities these companies are wholly foreign- are subject to the approval of a receiving this rate are identified by owned and the Department has no governmental agency; (2) whether the name in the ‘‘Preliminary Results of evidence indicating that they are under respondent has authority to negotiate Review’’ section of this notice. the control of the PRC government. and sign contracts and other Accordingly, the Department has agreements; (3) whether the respondent C. Nanjing Nanmu preliminarily granted a separate rate to has autonomy from the government in Nanjing Nanmu, which had been these Foreign-owned SR Applicants. See making decisions regarding the granted a separate rate in the most selection of management; and (4) recently completed review in which it permits new information only insofar as it rebuts, whether the respondent retains the was a respondent, did not file a separate clarifies, or corrects information placed on the proceeds of its export sales and makes rate application or separate rate record. The Department generally will not accept the submission of additional, previously absent- independent decisions regarding certification in the instant review. from-the-record alternative surrogate value disposition of profits or financing of Instead, Nanjing Nanmu reported that it information pursuant to 19 CFR 351.301(c)(1). See losses. See Silicon Carbide, 59 FR at made no shipments of subject Glycine from the People’s Republic of China: Final 22586–87; see also Notice of Final merchandise to the United States during Results of Antidumping Duty Administrative Review and Final Rescission, in Part, 72 FR 58809 Determination of Sales at Less Than the POR. When record evidence does (October 17, 2007) and accompanying Issues and Fair Value: Furfuryl Alcohol From the not call into question the no shipments Decision Memorandum at Comment 2. People’s Republic of China, 60 FR claim of a respondent with a separate

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rate, the Department generally will • Wan Bao Chen Group Hong Kong Co. for a separate rate. On June 3, 2009, the rescind the review in which the Ltd. Department issued a supplemental • Xingli Arts & Crafts Factory of Yangchun respondent claimed no shipments and • questionnaire to Aosen. On that same Yangchen Hengli Co., Ltd. day, Aosen notified the Department that the respondent will retain its separate • Yichun Guangming Furniture Co., Ltd. rate. However, as noted above, the • Yongxin Industrial (Holdings) Limited it would no longer participate in the Department has not preliminarily • Zhong Cheng Furniture Co., Ltd. instant review, except with respect to rescinded the review with respect to demonstrating its eligibility for a In addition, with the exception of Nanjing Nanmu; rather it intends to separate rate.51 Aosen did not respond Brother Furniture Manufacture Co., Ltd., obtain additional information regarding to sections C or D of the antidumping none of the above companies responded Nanjing Nanmu’s no shipments claim questionnaire, nor did it respond to the to the Department’s Q&V questionnaire. section A supplemental questionnaire. and to continue examining the claim. As The companies listed above, which On June 30, 2009, the Department Nanjing Nanmu has not applied for were named in the Initiation Notice, issued a letter notifying Aosen that ‘‘it separate rate status in this were notified in that notice that they requires mandatory respondents to fully administrative review, and we have not must timely submit Q&V questionnaire participate in a proceeding in order to preliminarily rescinded the review with responses and separate rate applications qualify for separate rate status.’’ 52 In respect to Nanjing Nanmu, we have or separate rate certifications in order to that letter, the Department provided considered Nanjing Nanmu to be part of qualify for a separate rate. Additionally, Aosen with additional time to complete the PRC-wide entity for purposes of the Initiation Notice identified the Web Appendix X of the questionnaire and these preliminary results. The site address where the separate rate the section A supplemental Department intends to make a certification, the separate rate questionnaire and explained that, once preliminary determination regarding application, and the Q&V questionnaire selected as a mandatory respondent, a whether Nanjing Nanmu shipped could be found. Further, the Department respondent cannot decide to participate subject merchandise during the POR at sent Q&V questionnaires to each of the in a review only for purposes of a later date. above companies.50 Since each of the establishing its separate rate status. companies listed above did not provide D. Companies Not Receiving a Separate Aosen did not submit a response to separate rate information, they have Rate either Appendix X or the supplemental failed to demonstrate their eligibility for questionnaire, but instead it submitted a The following 34 companies for separate-rate status. As a result, the letter stating that it was no longer which the Department initiated the Department is treating these PRC participating in the instant review instant review did not provide a exporters as part of the PRC-wide entity. separate rate certification or application: Also, Inni Furniture, which the ‘‘except with respect to demonstrating • Best King International Ltd. Department found to have made the evidence it has already placed on • Brother Furniture Manufacture Co., Ltd. shipments of subject merchandise the record is correct, submitting • BNBM Co., Ltd. (aka Beijing New during the POR, despite its claims to the comments on the Department’s Materials Co., Ltd.) preliminary and final results, and • contrary, did not file a separate rate Classic Furniture Global Co., Ltd. certification or application. Since this participating in any hearing in this • Der Cheng Wooden Works of Factory review.’’ 53 • Dong Guan Golden Fortune Houseware company did not provide separate rate information, it has failed to demonstrate We preliminarily determine that Co., Ltd. Aosen has withheld requested • Dongguan Chunsan Wood Products Co., its eligibility for separate-rate status. As Ltd., Trendex Industries Ltd. a result, the Department is treating this information and, contrary to its • Dongguan Hua Ban Furniture Co., Ltd. company as part of the PRC-wide entity. assertions, that Aosen has not • Dongguan New Technology Import & demonstrated its eligibility for separate- Export Co., Ltd. Aosen rate status in this administrative review. • Dongguan Sunpower Enterprise Co., Ltd. Although Aosen provided a response to • After examining Aosen’s response to Ever Spring Furniture Co. Ltd., S.Y.C section A of the Department’s the separate rate portion of section A of Family Enterprise Co., Ltd. the questionnaire, it failed to respond to • Furnmart Ltd. antidumping duty questionnaire, the • Green River Wood (Dongguan) Ltd. Department determined that the the section A supplemental • Guangming Group Wumahe Furniture response was incomplete (Aosen did not questionnaire which contained several Co., Ltd. respond to questions in Appendix X of questions and requests relating to its • Hamilton & Spill Ltd. the questionnaire), and that it required separate rate status. For example, Aosen • Hung Fai Wood Products Factory, Ltd. failed to respond to requests in the • additional information, including Hwang Ho International Holdings information related to Aosen’s eligibility supplemental section A questionnaire Limited asking it to provide documents • Kalanter (Hong Kong) Furniture 50 memorializing the making or approving Company Limited The Department was able to confirm delivery • King Kei Furniture Factory, King Kei of the Q&V questionnaire to all of the companies of pricing decisions, a complete set of listed above except the following companies: Trading Co., Ltd., Jiu Ching Trading Co., Ltd. written price negotiations for sales • Yongxin Industrial (Holdings) Limited, Ever Spring King Wood Furniture Co., Ltd. Furniture Co. Ltd., S.Y.C Family Enterprise Co., • 51 King’s Way Furniture Industries Co., Ltd., King’s Way Furniture Industries Co., Ltd., See Aosen’s letter regarding ‘‘Wooden Bedroom Ltd., Kingsyear Ltd. Kingsyear Ltd., Yichun Guangming Furniture Co., Furniture from the People’s Republic of China; • Profit Force Ltd. Ltd. See memorandum to the File regarding Withdrawal of Shanghai Aosen Section A • Shenyang Kunyu Wood Industry Co., ‘‘Delivery Documentation for Quantity and Value Questionnaire Response’’ dated June 3, 2009. Ltd. Questionnaires Sent to Nonresponsive Companies’’ 52 See letter to Shanghai Aosen Furniture Co., Ltd. • Shenzhen Dafuhao Industrial dated August 5, 2009; see also memorandum to the regarding ‘‘Antidumping Duty Administrative Development Co., Ltd. File regarding ‘‘Quantity and Value Questionnaires Review of Wooden Bedroom Furniture from the People’s Republic of China (‘‘PRC’’) for the Period • Sino Concord International Corporation That Could Not Be Delivered’’ dated December 9, • 2009. In issuing Q&V questionnaires, the January 1, 2008, through December 31, 2008, dated Starwood Furniture Manufacturing Co. Department relied upon the addresses provided by June 30, 2009. Ltd. the petitioners and attempted to obtain new 53 See Aosen’s letter regarding ‘‘Wooden Bedroom • Top Goal Development Co. addresses from the petitioners and to resend the Furniture from the People’s Republic of China; • Union Friend International Trade Co., Q&V questionnaire to companies to which the first Withdrawal of Shanghai Aosen Furniture Co., Ltd.’’ Ltd. Q&V questionnaire issued could not be delivered. (July 13, 2009) at 1.

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during the period of review, and written all applicable requirements established information precluded the Department evidence supporting claims regarding by the administering authority’’ if the from determining whether or not these the selection of management. Moreover, information is timely, can be verified, is companies should be selected as Aosen did not respond to the not so incomplete that it cannot be used, mandatory respondents for which supplemental questions asking how the and if the interested party acted to the individual dumping margins would be general manager was selected and who best of its ability in providing the calculated. was authorized to sign sales contracts, information. Where all of these Thus, pursuant to section 776(a)(2)(A) nor did it respond to requests in the conditions are met, the statute requires and (C) of the Act (withholds requested section A supplemental questionnaire the Department to use the information information and significantly impedes a regarding its business license and supplied if it can do so without undue proceeding), the Department has capital verification report. Since Aosen difficulties. preliminarily based the dumping margin failed to provide information requested Section 776(b) of the Act further of the PRC-wide entity on the facts by the Department that is necessary to provides that the Department may use otherwise available on the record. analyze whether it qualified for a an adverse inference in applying the Furthermore, the PRC-wide entity’s separate rate, Aosen has failed to rebut facts otherwise available when a party refusal to provide the requested the presumption of PRC government has failed to cooperate by not acting to information constitutes circumstances control. Therefore, we have the best of its ability to comply with a under which it is reasonable to preliminarily determined that Aosen request for information. Such an adverse conclude that less than full cooperation does not qualify for a separate rate, but inference may include reliance on has been shown. See Nippon Steel rather should be treated as part of the information derived from the petition, Corporation v. United States, 337 F.3d PRC-wide entity. Furthermore, as noted the final determination, a previous 1373, 1383 (Fed. Cir. 2003) (Nippon in the Department’s June 30, 2009 letter, administrative review, or other Steel) where the Court of Appeals for once selected as a mandatory information placed on the record. the Federal Circuit provided an explanation of the ‘‘failure to act to the respondent, a company may not chose A. Application of Total Adverse Facts best of its ability’’ standard noting that to participate in an administrative Available to the PRC-Wide Entity review solely for purposes of the Department need not show demonstrating its eligibility for a In the Initiation Notice, the intentional conduct existed on the part separate rate. It must fully participate in Department stated that if one of the of the respondent, but merely that a the review as a mandatory respondent companies for which this review has ‘‘failure to cooperate to the best of a in order to qualify for separate rate been initiated ‘‘does not qualify for a respondent’s ability’’ existed (i.e., status. separate rate, all other exporters of information was not provided ‘‘under wooden bedroom furniture from the circumstances in which it is reasonable Use of Facts Available and Adverse PRC that have not qualified for a to conclude that less than full Facts Available (AFA) separate rate are deemed to be covered cooperation has been shown’’). Hence, Section 776(a) of the Act provides that by this review as part of a single PRC pursuant to section 776(b) of the Act, the Department shall apply ‘‘facts entity * * *.’’ As noted above, not all of the Department has determined that, otherwise available’’ if: (1) Necessary the companies for which this review when selecting from among the facts information is not on the record, or (2) was initiated have qualified for a otherwise available, an adverse an interested party or any other person separate rate; as a result, the PRC-wide inference is warranted with respect to (A) withholds information that has been entity is now under review. the PRC-wide entity. requested, (B) fails to provide With the exception of Brother information within the deadlines Furniture Manufacture Co., Ltd., the B. Application of Partial Adverse Facts established, or in the form and manner companies which we are treating as part Available for Fairmont requested by the Department, subject to of the PRC-wide entity either did not At verification we discovered that subsections (c)(1) and (e) of section 782 provide shipment information in Fairmont failed to report sales of 24 of the Act, (C) significantly impedes a response to the Department’s request for different models of Hospitality division proceeding, or (D) provides information Q&V data, or, in Aosen’s case, did not products that appeared to be sales of that cannot be verified as provided by fully respond to the Department’s subject merchandise.54 We later section 782(i) of the Act. antidumping duty questionnaire. Thus, confirmed that the sales in question Where the Department determines we preliminarily determine that these were sales of subject merchandise by that a response to a request for companies withheld information examining the engineering diagram for information does not comply with the requested by the Department. each product.55 Since Fairmont did not request, section 782(d) of the Act Furthermore, these companies’ refusal report these sales and the related sales provides that the Department will so to participate in the review significantly adjustments and did not provide inform the party submitting the impeded the proceeding. For example, information that would allow the response and will, to the extent the Department selected Aosen as a Department to determine normal value practicable, provide that party the mandatory respondent for which it for these products as requested by the opportunity to remedy or explain the would have calculated a company- Department, the information necessary deficiency. If the party fails to remedy specific dumping margin. Moreover, to calculate a dumping margin for these the deficiency within the applicable Aosen’s dumping margin would have sales is not on the record. Thus, the time limits and subject to section 782(e) been averaged with the margin of the Department has based the dumping of the Act, the Department may other mandatory respondent to calculate margin for the unreported sales on facts disregard all or part of the original and the dumping margin assigned to the subsequent responses, as appropriate. separate rate respondents. Aosen’s 54 See FDUSA Verification Report. Section 782(e) of the Act provides that refusal to respond to section C and D of 55 See the Fairmont Analysis Memorandum the Department ‘‘shall not decline to the questionnaire prevented the entitled, ‘‘Wooden Bedroom Furniture from the People’s Republic of China: Analysis of the consider information that is submitted Department from determining its Preliminary Results Margin Calculation for by an interested party and is necessary dumping margin. In addition, the other Fairmont Designs’’ (Fairmont Analysis to the determination but does not meet companies’ failure to provide shipment Memorandum), dated February 1, 2010.

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available pursuant to section than if it had cooperated fully.’’ 60 subject to the instant review.64 In this 776(a)(2)(A) of the Act. Specifically, the Department’s practice case, we note that Fairmont’s U.S. sales Moreover, the Department finds that in reviews, in selecting a rate as total database contains an extremely high in not reporting these sales, Fairmont AFA, is to use the highest rate on the volume of transactions involving a wide has failed to cooperate by not acting to record of the proceeding which, to the and complex variety of products/models the best of its ability to comply with a extent practicable, can be corroborated and types of sales. For example, request for information and thus it is (assuming the rate is based on Fairmont sold products as diverse as appropriate to use an inference that is secondary information).61 The Court of spare parts of bedroom furniture, adverse to Fairmont’s interests in International Trade (CIT) and the Court armoires, wardrobes, and mirrors. selecting from among the facts of Appeals for the Federal Circuit Further, the types of sales are quite otherwise available in accordance with (Federal Circuit) have affirmed varied including sales to retail section 776(b) of the Act. The decisions to select the highest margin establishments and hotels. As a result, Department requested that Fairmont from any prior segment of the we believe under these particular report all U.S. sales and FOP proceeding as the AFA rate on circumstances that it is not feasible to information for subject merchandise numerous occasions.62 Therefore, as apply our traditional methodology. sold during the POR.56 In preparing a AFA, the Department has preliminarily Instead we assigned as partial AFA for response to an inquiry from the the unreported sales the PRC-wide assigned the PRC-wide entity a dumping Department, it is presumed that a entity a dumping margin of 216.01 margin of 216.01 percent. This margin, respondent is familiar with its own percent. records.57 At verification, the verifiers which is from the 2004–2005 new readily identified these unreported sales shipper reviews of WBF from the PRC, Corroboration of Secondary in Fairmont’s records.58 Moreover, is the highest dumping margin on the Information Fairmont acknowledges that most of record of any segment of this Section 776(c) of the Act provides 63 these sales should have been reported.59 proceeding. that, when the Department relies on This indicates that Fairmont did not act B. Partial AFA for Fairmont’s secondary information rather than on to the full extent of its abilities in Unreported Sales information obtained in the course of an investigating its records for sales of investigation or review, it shall, to the subject merchandise. Thus, Fairmont With respect to partial AFA, the extent practicable, corroborate that failed to act to the best of its ability to Department’s practice in reviews, in information from independent sources comply with the Department’s repeated selecting a rate as partial AFA is to use that are reasonably at its disposal. requests for information regarding all of the highest transaction-specific margin Secondary information is defined as its sales and FOP information for subject calculated for the respondent in information derived from the petition merchandise. Therefore, the Department question on a non-aberrational sale that gave rise to the investigation or has preliminarily determined to apply review, the final determination AFA to these unreported sales, pursuant 60 See Notice of Final Determination of Sales at concerning the subject merchandise, or to section 776(b) of the Act. Less than Fair Value: Static Random Access any previous review under section 751 Memory Semiconductors From Taiwan, 63 FR 8909, concerning the subject merchandise.65 Selection of AFA Rates 8911 (February 23, 1998); see also Brake Rotors From the People’s Republic of China: Final Results Corroborate means that the Department A. Total AFA Rate for the PRC-Wide and Partial Rescission of the Seventh will satisfy itself that the secondary Entity Administrative Review; Final Results of the information to be used has probative In deciding which facts to use as Eleventh New Shipper Review, 70 FR 69937, 69939 value.66 To corroborate secondary (November 18, 2005) and the SAA at 870. information, the Department will, to the AFA, section 776(b) of the Act and 19 61 See Glycine from the People’s Republic of CFR 351.308(c)(1) provide that the China: Preliminary Results of Antidumping Duty extent practicable, examine the Department may rely on information Administrative Review, 74 FR 15930, 15934 (April reliability and relevance of the derived from (1) the petition, (2) a final 8, 2009) unchanged in Glycine from the People’s information to be used.67 Independent Republic of China: Final Results of Antidumping sources used to corroborate such determination in the investigation, (3) Duty Administrative Review, 74 FR 41121 (August any previous review or determination, 14, 2009); see also Fujian Lianfu Forestry Co., Ltd., evidence may include, for example, or (4) any information placed on the a.k.a. Fujian Wonder Pacific Inc., et al. v. United published price lists, official import record. The Department’s practice is to States, 638 F.Supp.2d 1325, 1336 (CIT August 10, statistics and customs data, and 2009) (‘‘Commerce may, of course, begin its total information obtained from interested select an AFA rate that is sufficiently AFA selection process by defaulting to the highest adverse ‘‘as to effectuate the purpose of rate in any segment of the proceeding, but that the facts available rule to induce selection must then be corroborated, to the extent 64 See Ta Chen Stainless Steel Pipe, Inc. v. United respondents to provide the Department practicable.’’). States, 24 CIT 841, 846 2000 WL 1225799 (August 62 See e.g. NSK Ltd. v. United States, 346 F. Supp. 25, 2000) and Ta Chen Stainless Steel Pipe, Inc. v. with complete and accurate information 2d 1312, 1335 (Ct. Int’l Trade 2004) (affirming a United States, 298 F. 3d 1330, 1338. in a timely manner’’ and that ensures 73.55 percent total AFA rate, the highest available 65 See SAA at 870. ‘‘that the party does not obtain a more dumping margin from a different respondent in the 66 See Id. favorable result by failing to cooperate investigation); Kompass Food Trading International 67 See Tapered Roller Bearings and Parts Thereof, v. United States, 24 CIT 678, 683–84 (2000) Finished and Unfinished from Japan, and Tapered (affirming a 51.16 percent total AFA rate, the Roller Bearings Four Inches or Less in Outside 56 See, e.g., the Department’s letter dated April 20, highest available dumping margin from a different, Diameter, and Components Thereof, from Japan: 2009, at C–1 and D–1. fully cooperative respondent); and Shanghai Taoen Preliminary Results of Antidumping Duty 57 See Nippon Steel, 337 F.3d 1373,1383. International Trading Co., Ltd. v. United States, 360 Administrative Reviews and Partial Termination of 58 See December 30, 2009, memoranda entitled F. Supp. 2d 1339, 1348 (Ct. Int’l Trade 2005) Administrative Reviews, 61 FR 57391, 57392 ‘‘Verification at Cambium Business Group, Inc. (affirming a 223.01 percent total AFA rate, the (November 6, 1996) (unchanged in the final (d.b.a. Fairmont Designs) in the 4th Antidumping highest available dumping margin from a different determination); Final Results of Antidumping Duty Duty Administrative Review of Wooden Bedroom respondent in a previous administrative review). Administrative Reviews and Termination in Part: Furniture from the People’s Rebublic of China’’ at 63 See Wooden Bedroom Furniture from the Tapered Roller Bearings and Parts Thereof, 9. People’s Republic of China: Final Results of the Finished and Unfinished from Japan, and Tapered 59 See Fairmont’s December 4, 2009, submission 2004–2005 Semi-Annual New Shipper Reviews, 71 Roller Bearings Four Inches or Less in Outside at 4–8 and Fairmont’s December 30, 2009, FR 70739, 70741 (December 6, 2006) (2004–2005 Diameter, and Components Thereof, from Japan, 62 submission at 3. New Shipper Review). FR 11825 (March 13, 1997).

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parties during the particular the range of Fairmont’s transaction- Act, where applicable, we made investigation.68 specific margins in this review, we deductions from the starting price for The 216.01 AFA rate that the preliminarily find the rate relevant as billing adjustments, discounts and Department is using in this review is a applied to Fairmont’s unreported sales. rebates, movement expenses, and company-specific rate calculated in the As the adverse margin is both reliable commissions, credit expenses, inventory 2004–2005 New Shipper Review of the and relevant, the Department has carrying costs, factoring expense, WBF order.69 No additional information determined that it has probative value. warranty expense, and indirect selling has been presented in the current Accordingly, the Department has expenses which relate to commercial review which calls into question the determined that this rate meets the activity in the United States. Movement reliability of the information. Thus we corroboration criterion established in expenses included, where applicable, have determined this information section 776(c) of the Act. foreign inland freight from plant to the continues to be reliable. port of exportation, foreign brokerage Fair Value Comparisons With respect to the relevance aspect and handling, ocean freight, marine of corroboration, the Department will In accordance with section 777A(d)(2) insurance, U.S. inland freight from port consider information reasonably at its of the Act, to determine whether to the warehouse, U.S. freight from disposal to determine whether a margin Fairmont, a mandatory respondent, sold warehouse to customer, U.S. customs continues to have relevance. Where WBF to the United States at less than duty, and other U.S. transportation circumstances indicate that the selected NV, we compared the weighted-average costs. Where applicable, we reduced margin is not appropriate as AFA, the export and constructed export price of movement expenses by freight revenue. Department will disregard the margin the WBF to the NV of the WBF, as In addition, we deducted CEP profit and determine an appropriate margin. described in the ‘‘U.S. Price,’’ and from U.S. price in accordance with See Fresh Cut Flowers from Mexico: ‘‘Normal Value’’ sections of this notice. sections 772(d)(3) and 772(f) of the Act. Final Results of Antidumping Export Price As a CEP adjustment and in accordance Administrative Review, 61 FR 6812, with section 773(a) of the Act, we 6814 (February 22, 1996) (where the The Department considered the U.S. calculated Fairmont’s credit expenses Department disregarded the highest prices of certain sales by Fairmont to be and inventory carrying costs based on margin in that case as adverse best export prices (EPs) in accordance with the company’s short-term interest rate. information available (the predecessor section 772(a) of the Act, because these For a detailed description of all to facts available) because the margin were the prices at which the subject adjustments, see Fairmont Analysis was based on another company’s merchandise was first sold before the Memorandum, dated February 1, 2010. uncharacteristic business expense date of importation by the producer/ resulting in an unusually high margin). exporter of the subject merchandise Normal Value Similarly, the Department does not outside of the United States to an Section 773(c)(1) of the Act provides apply a margin that has been unaffiliated purchaser in the United that the Department shall determine the discredited. See D&L Supply Co. v. States or to an unaffiliated purchaser for NV using an FOP methodology if: (1) United States, 113 F.3d 1220, 1221 (Fed. exportation to the United States. The merchandise is exported from an Cir. 1997) (ruling that the Department We calculated EPs based on prices to NME country; and (2) the information will not use a margin that has been unaffiliated purchaser(s) in the United does not permit the calculation of NV judicially invalidated). To assess the States. We deducted movement using home-market prices, third-country relevancy of the rate used, the expenses from the gross unit U.S. sales prices, or constructed value under Department compared the transaction- price in accordance with section section 773(e) of the Act. When specific margins calculated for Fairmont 772(c)(2)(A) of the Act. These movement determining NV in an NME context, the in the instant administrative review expenses include foreign inland freight- Department will base NV on FOP, with the 216.01 percent rate calculated plant/warehouse to port of exit, and because the presence of government in the 2004–2005 New Shipper Review. foreign brokerage and handling. For a controls on various aspects of these The Department found that the 216.01 detailed description of all adjustments, economies renders price comparisons percent margin was within the range of see Fairmont Analysis Memorandum, and the calculation of production costs the margins calculated on the record of dated February 1, 2010. invalid under our normal methodologies. Under section 773(c)(3) the instant administrative review. Since Constructed Export Price the 216.01 percent margin is within the of the Act, FOP include, but are not range of transaction-specific margins on In accordance with section 772(b) of limited to: (1) Hours of labor required; the record of this administrative review, the Act, constructed export price (CEP) (2) quantities of raw materials the Department has determined that the is the price at which the subject employed; (3) amounts of energy and 216.01 percent margin continues to be merchandise is first sold (or agreed to be other utilities consumed; and (4) relevant for use as an AFA rate for the sold) in the United States before or after representative capital costs. The PRC-wide entity in this administrative the date of importation by or for the Department based NV on FOP reported review. Also, because this rate is within account of the producer or exporter of by the respondent for materials, energy, such merchandise or by a seller labor and packing. 68 See Notice of Preliminary Determination of affiliated with the producer or exporter, In accordance with 19 CFR Sales at Less Than Fair Value: High and Ultra-High to a purchaser not affiliated with the 351.408(c)(1), the Department will Voltage Ceramic Station Post Insulators from Japan, producer or exporter, as adjusted under normally use publicly-available 68 FR 35627, 35629 (June 16, 2003) (unchanged in sections 772(c) and (d) of the Act. We surrogates to value FOP, but when a final determination); Notice of Final Determination of Sales at Less Than Fair Value: High and Ultra considered sales made by Fairmont’s producer sources an input from a High Voltage Ceramic Station Post Insulators from U.S. affiliate in the United States to be market economy and pays for it in Japan, 68 FR 62560 (November 5, 2003); and Notice CEP sales. market economy currency, the of Final Determination of Sales at Less Than Fair We calculated CEP based on prices to Department will normally value the Value: Live Swine From Canada, 70 FR 12181, 12183–84 (March 11, 2005). unaffiliated purchasers in the United factor using the actual price paid for the 69 See 2004–2005 New Shipper Review, 71 FR at States. In accordance with section input. However, when the Department 70741. 772(c)(2)(A) and 772(d)(1) and of the has reason to believe or suspect that

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such prices may be distorted by necessary to assign in this the surrogate values using the subsidies, the Department will disregard administrative review, we present only Philippine Wholesale Price Index (WPI) the market economy purchase prices a brief discussion of the main factors in as published in the International and use SVs to determine the NV.70 this notice. For a detailed description of Financial Statistics of the International Where the facts developed in either U.S. all SVs used to value the respondents Monetary Fund. or third-country countervailing duty reported FOP, see Factor Valuation Consistent with 19 CFR 351.408(c)(3), findings include the existence of Memorandum. we valued labor using the PRC subsidies that appear to be used Fairmont reported that certain of its regression-based wage rate as reported generally (in particular, broadly reported raw material inputs were on Import Administration’s home page, available, non-industry specific export sourced from a market-economy country Import Library, Expected Wages of subsidies), the Department will have and paid for in market-economy Selected NME Countries, revised in reason to believe or suspect that prices currencies. Pursuant to 19 CFR December 2009, available at http:// of the inputs from the country granting 351.408(c)(1), when a mandatory ia.ita.doc.gov/wages/index.html. the subsidies may be subsidized.71 respondent sources inputs from a Because this regression-based wage rate In avoiding the use of prices that may market-economy supplier in meaningful does not separate the labor rates into be subsidized, the Department does not quantities (i.e., not insignificant different skill levels or types of labor, conduct a formal investigation to ensure quantities), we use the actual price paid we have applied the same wage rate to that such prices are not subsidized, but by respondents for those inputs, except all skill levels and types of labor rather relies on information that is when prices may have been distorted by reported by the respondent. If the NME generally available at the time of its findings of dumping by the PRC and/or wage rates are updated by the determination.72 subsidies.73 Fairmont reported Department prior to issuance of the final results, we will use the updated wage Factor Valuations information demonstrating that the quantities of certain raw materials rate in the final results. See Factor In accordance with section 773(c) of purchased from market-economy Valuation Memorandum. the Act, we calculated NV based on FOP suppliers are significant. Where we We valued electricity using reported by respondents for the POR. To found market-economy purchases of contemporaneous Philippine data from calculate NV, the Department inputs to be in significant quantities, in The Cost of Doing Business in multiplied the reported per-unit factor accordance with our statement of policy Camarines Sur available at the quantities by publicly-available as outlined in Antidumping Philippine government’s Web site for Philippine SVs (except as noted below). Methodologies: Market Economy Inputs, the province: http:// In selecting the SV, the Department we have used the actual purchases of www.camarinessur.gov.ph. This data considered the quality, specificity, and these inputs to value the inputs.74 pertained only to industrial contemporaneity of the data. As Where market-economy purchases of consumption. See Factor Valuation appropriate, the Department adjusted inputs were not made in significant Memorandum. input prices by including freight costs to quantities, we used import values for We calculated the value of domestic make them delivered prices. the POR from the Philippines National brokerage and handling using Specifically, the Department added to Statistics Office (Philippines NSO) Philippine data cited in a report Philippine import SVs a surrogate reported in U.S. dollars on a cost, compiled and released by the World freight cost using the shorter of the insurance, and freight (CIF) basis to Bank Group, entitled ‘‘Trading Across reported distance from the domestic value the following inputs: processed Borders’’ and available at http:// supplier to the respondent’s factory or woods (e.g., particleboard, etc.), www.doingbusiness.org/ExploreTopics/ the distance from the nearest seaport to adhesives and finishing materials (e.g., TradingAcrossBorders/ the respondent’s factory where glue, paints, sealer, lacquer, etc.), Details.aspx?economyid=153. This was appropriate (i.e., where the sales terms hardware (e.g., nails, staples, screws, the only surrogate value for brokerage for the market-economy inputs were not bolts, knobs, pulls, drawer slides, and handling on the record that delivered to the factory). This hinges, clasps, etc.), other materials specifically stated that its costs included adjustment is in accordance with the (e.g., mirrors, glass, leather, cloth, amounts for both brokerage and decision of the Federal Circuit in Sigma sponge, etc.), and packing materials handling. Corp. v. United States, 117 F.3d 1401, We calculated the surrogate value for (e.g., cardboard, cartons, plastic film, 1407–08 (Fed. Cir. 1997). Due to the truck freight using Philippine data from labels, tape, etc.). The Philippines NSO extensive number of SVs it was two sources: (1) The Cost of Doing is the only data source on the record Business in Camarines Sur, available at that provides data on a net weight basis, 70 See Tapered Roller Bearings and Parts Thereof, the Philippine government’s Web site which is the same basis as reported by Finished and Unfinished, From the People’s for the province: http:// Republic of China; Final Results of the 1998–1999 the respondent in reporting its FOP. For www.camarinessur.gov.ph; and (2) a Administrative Review, Partial Rescission of a complete listing of all the inputs and Review, and Determination Not to Revoke Order in news article from the Manila Times the valuation for each see Factor Part, 66 FR 1953 (January 10, 2001) (TRBs 1998– entitled ‘‘Government Mulls Cut in Valuation Memorandum. 1999), and accompanying Issues and Decision Export Target.’’ Memorandum at Comment 1. Where we could only obtain surrogate We calculated the surrogate value for 71 See TRBs 1998–1999 at Comment 1; see also values that were not contemporaneous diesel fuel using Philippine data from a Tapered Roller Bearings and Parts Thereof, with the POI, we inflated (or deflated) Finished and Unfinished, From the People’s Web site entitled Philippine Business Republic of China; Final Results of 1999–2000 available at http:// Administrative Review, Partial Rescission of 73 See Antidumping Duties; Countervailing Review, and Determination Not To Revoke Order in Duties; Final Rule, 62 FR 27296, 27366 (May 19, www.philippinebusiness.com.ph/ Part, 66 FR 57420 (November 15, 2001), and 1997). economic_stats/utilities.htm. accompanying Issues and Decision Memorandum at 74 See Antidumping Methodologies: Market We calculated the surrogate value for Comment 1; see also China National Machinery Economy Inputs, Expected Non-Market Economy water using Philippine data based on Imp. & Exp. Corp. v. United States, 293 F. Supp. Wages, Duty Drawback; and Request for Comments, 2d 1334, 1338–39 (Ct. Int’l Trade 2003). 71 FR 61716, 61717 (October 19, 2006) two water utility companies providing 72 See H.R. Rep. 100–576, at 590 (1988), reprinted (Antidumping Methodologies: Market Economy service to the Manila metropolitan area: in 1988 U.S.C.C.A.N. 1547, 1623–24. Inputs); See also Fairmont Analysis Memorandum. Manila Water (http://

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www.manilawater.com/downloads/ ending December 31, 2008, from the manufacture); and the profit rate as a tariff08.pdf) and Maynilad Water following producers: Tequesta percentage of the cost of manufacture Services, Inc. (http// International Inc.; Insular Rattan and plus SG&A. For further discussion, see www.mayniladwater.comph/files/ Native Products Corp.; Horizon Factor Valuation Memorandum. Tariff_effective_Jan012008.pdf); and International Manufacturing, Inc.; Currency Conversion also data based on a water utility Arkane International Corporation; and company covering all of the Philippines Casa Cebuana Incorada, which are the We made currency conversions into outside of Manila: Philippines Local only Philippine producers of U.S. dollars, in accordance with section Water Utilities Administration merchandise identical to subject 773A(a) of the Act, based on the (LUWUA). We averaged all data from merchandise, received no exchange rates in effect on the dates of the ‘‘Manila’’ service providers and the countervailable subsidies, and earned a the U.S. sales as certified by the Federal ‘‘outside of Manila’’ service providers before tax profit in 2008 for which we Reserve Bank. separately and based the surrogate value have financial information. From this Preliminary Results of Review on an average of the two figures. information, we were able to determine We valued factory overhead, selling, factory overhead as a percentage of the We preliminarily determine that the general, and administrative expenses total raw materials, labor and energy following weighted-average dumping (SG&A), and profit, using the audited (ML&E) costs; SG&A as a percentage of margins exist for the period January 1, financial statements for the fiscal year ML&E plus overhead (i.e., cost of 2008 through December 31, 2008:

Antidumping Exporter duty percent margin

Dongguan Sunrise Furniture Co., Ltd., Taicang Sunrise Wood Industry Co., Ltd., Taicang Fairmount Designs Furniture Co., Ltd., and Meizhou Sunrise Furniture Co., Ltd.* ...... 20.36 Longrange Furniture Co., Ltd.* ...... 20.36 Langfang Tiancheng Furniture Co., Ltd.* ...... 20.36 Shun Feng Furniture Co., Ltd.∧ ...... 20.36 COE Ltd.∧ ...... 20.36 Tianjin Fortune Furniture Co., Ltd.* ...... 20.36 Transworld (Zhangzhou) Furniture Co., Ltd.∧ ...... 20.36 Decca Furniture Ltd., aka Decca∧ ...... 20.36 Dongguan Landmark Furniture Products, Ltd.∧ ...... 20.36 Winny Overseas, Ltd.∧ ...... 20.36 Dongguan Yihaiwei Furniture Limited∧ ...... 20.36 Baigou Crafts Factory of Fengkai* ...... 20.36 Zhongshan Gainwell Furniture Co., Ltd.* ...... 20.36 PRC-Wide Entity 75 ...... 216.01

Disclosure the scheduled date for submission of values associated with those The Department will disclose rebuttal briefs. See 19 CFR 351.310(d). transactions. For duty-assessment rates calculations performed for these Parties should confirm by telephone the calculated on this basis, the Department preliminary results to the parties within date, time, and location of the hearing will direct CBP to assess the resulting five days of the date of publication of two days before the scheduled date. ad valorem rate against the entered this notice in accordance with 19 CFR The Department will issue the final customs values for the subject 351.224(b). results of the administrative review, merchandise. Where appropriate, the which will include the results of its Department calculated a per-unit rate Comments analysis of issues raised in the briefs, for each importer (or customer) by Interested parties may submit written within 120 days of publication of these dividing the total dumping margins for comments no later than 30 days after the preliminary results, in accordance with reviewed sales to that party by the total date of publication of these preliminary 19 CFR 351.213(h)(1) unless the time sales quantity associated with those results of review. See 19 CFR limit is extended. transactions. For duty-assessment rates calculated on this basis, the Department 351.309(c)(1)(ii). Rebuttal comments Assessment Rates must be limited to the issues raised in will direct CBP to assess the resulting the written comments and may be filed Pursuant to 19 CFR 351.212, the per-unit rate against the entered no later than 35 days after the date of Department will determine, and CBP quantity of the subject merchandise. publication. See 19 CFR 351.309(d). shall assess, antidumping duties on all Where an importer- (or customer) Parties submitting written comments or appropriate entries of subject -specific assessment rate is de minimis rebuttal are requested to provide the merchandise in accordance with the (i.e., less than 0.50 percent), the Department with an additional copy of final results of this review. For Department will instruct CBP to assess those comments on diskette. Any assessment purposes, the Department that importer (or customer’s) entries of interested party may request a hearing calculated exporter/importer- (or subject merchandise without regard to within 30 days of publication of these customer) -specific assessment rates for antidumping duties. The Department preliminary results. See 19 CFR merchandise subject to this review. intends to instruct CBP to liquidate 351.310(c). Any hearing, if requested, Where appropriate, the Department entries containing subject merchandise ordinarily will be held two days after calculated an ad valorem rate for each exported by the PRC-wide entity at the importer (or customer) by dividing the PRC-wide rate we determine in the final 75 The mandatory respondent Aosen is part of the total dumping margins for reviewed results of this review. The Department PRC-wide entity. sales to that party by the total entered intends to issue appropriate assessment

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instructions directly to CBP 15 days DEPARTMENT OF COMMERCE fibers, not carded, combed or otherwise after publication of the final results of processed for spinning, of polyesters this review. International Trade Administration measuring 3.3 decitex (3 denier, [A–583–833] inclusive) or more in diameter. This Cash Deposit Requirements merchandise is cut to lengths varying The following cash deposit Certain Polyester Staple Fiber From from one inch (25 mm) to five inches (127 mm). The merchandise subject to requirements will be effective upon Taiwan: Preliminary Results of the order may be coated, usually with a publication of the final results of these Antidumping Duty Administrative Review silicon or other finish, or not coated. reviews for shipments of subject PSF is generally used as stuffing in merchandise from the PRC entered, or AGENCY: Import Administration, sleeping bags, mattresses, ski jackets, withdrawn from warehouse, for International Trade Administration, comforters, cushions, pillows, and consumption on or after the publication Department of Commerce furniture. Merchandise of less than 3.3 date, as provided by sections 751(a)(1) SUMMARY: The Department of Commerce decitex (less than 3 denier) currently and (a)(2)(C) of the Act: (1) For all (the Department) is conducting an classifiable in the Harmonized Tariff respondents receiving a separate rate, administrative review of the Schedule of the United States (HTSUS) the cash deposit rate will be that antidumping duty order on certain at subheading 5503.20.00.20 is established in the final results of these polyester staple fiber (PSF) from specifically excluded from the order. reviews; (2) for previously investigated Taiwan. The period of review is May 1, Also specifically excluded from the or reviewed PRC and non-PRC exporters 2008, through April 30, 2009. This order are polyester staple fibers of 10 to not listed above that have separate rates, review covers imports of certain 18 denier that are cut to lengths of 6 to the cash deposit rate will continue to be polyester staple fiber from one 8 inches (fibers used in the manufacture the exporter-specific rate published for producer/exporter. We have of carpeting). In addition, low–melt PSF preliminarily found that sales of the the most recent period; (3) for all PRC is excluded from this order. Low–melt subject merchandise have been made exporters of subject merchandise that PSF is defined as a bi–component fiber below normal value. If these have not been found to be entitled to a with an outer sheath that melts at a preliminary results are adopted in our significantly lower temperature than its separate rate, the cash deposit rate will final results, we will instruct U.S. be the PRC-wide rate of 216.01 percent; inner core. Customs and Border Protection (CBP) to The merchandise subject to this order and (4) for all non-PRC exporters of assess antidumping duties on all subject merchandise which have not is currently classifiable in the HTSUS at appropriate entries. Interested parties subheadings 5503.20.00.45 and received their own rate, the cash deposit are invited to comment on these 5503.20.00.65. Although the HTSUS rate will be the rate applicable to the preliminary results. We will issue the subheadings are provided for PRC exporters that supplied that non- final results not later than 120 days after convenience and customs purposes, the PRC exporter. These deposit the date of publication of this notice. written description of the merchandise requirements, when imposed, shall EFFECTIVE DATE: February 5, 2010. subject to the order is dispositive. remain in effect until further notice. FOR FURTHER INFORMATION CONTACT: Fair–Value Comparisons Notification to Importers Michael A. Romani or Richard Rimlinger, AD/CVD Operations, Office To determine whether FET’s sales of This notice also serves as a 5, Import Administration, International PSF to the United States were made at preliminary reminder to importers of Trade Administration, U.S. Department less than normal value, we compared their responsibility under 19 CFR of Commerce, 14th Street and export price to normal value as 351.402(f) to file a certificate regarding Constitution Avenue, NW, Washington described in the ‘‘Export Price’’ and the reimbursement of antidumping DC 20230; telephone (202) 482–0198 or ‘‘Normal Value’’ sections of this notice. duties prior to liquidation of the (202) 482–4477, respectively. Pursuant to section 777A(d)(2) of the Tariff Act of 1930, as amended (the Act), relevant entries during this review SUPPLEMENTARY INFORMATION: we compared the export price of period. Failure to comply with this Background individual U.S. transactions to the requirement could result in the On June 24, 2009, the Department monthly weighted–average normal Secretary’s presumption that published a notice initiating an value of the foreign like product where reimbursement of antidumping duties administrative review of the there were sales made in the ordinary occurred and the subsequent assessment antidumping duty order on certain PSF course of trade, as discussed in the ‘‘Cost of double antidumping duties. from Taiwan covering the respondents of Production’’ section below. Far Eastern Textiles Ltd. (FET) and Nan The Department is issuing and Product Comparisons publishing these preliminary results of Ya Plastics Corporation (Nan Ya). See administrative review in accordance Initiation of Antidumping and We compared U.S. sales to monthly with section 777(i)(1) of the Act, and 19 Countervailing Duty Administrative weighted–average prices of CFR 351.221(b)(4). Reviews and Requests for Revocation in contemporaneous sales made in the Part, 74 FR 30052 (June 24, 2009). We home market. We found Dated: February 1, 2010. have rescinded the review with respect contemporaneous sales of identical Carole Showers, to Nan Ya. See Polyester Staple Fiber merchandise in the home market for all Acting Deputy Assistant Secretary for Policy from Taiwan: Rescission of U.S. sales in accordance with section and Negotiations. Antidumping Duty Administrative 771(16) of the Act. Review in Part, 74 FR 41684 (August 18, [FR Doc. 2010–2590 Filed 2–4–10; 8:45 am] Date of Sale 2009). BILLING CODE 3510–DS–P Section 351.401(i) of the Department’s Scope of the Order regulations states that the Department The product covered by the order is normally will use the date of invoice, as PSF. PSF is defined as synthetic staple recorded in the producer’s or exporter’s

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records kept in the ordinary course of States. Where appropriate, we made and monoethylene glycol from affiliated business, as the date of sale. The deductions, consistent with section parties at non–arm’s–length prices in regulation provides further that the 772(c)(2)(A) of the Act, for the following accordance with the major–input rule of Department may use a date other than movement expenses: inland freight from section 773(f)(3) of the Act. the date of the invoice if the Secretary the plant to the port of exportation, On a product–specific basis, we is satisfied that a different date better inland insurance in Taiwan, brokerage compared the adjusted weighted– reflects the date on which the material and handling, harbor service fees, trade average cost–of-production figures for terms of sale are established. The promotion fees, and containerization the period of review to the home– Department has a long–standing expenses. No other adjustments were market sales of the foreign like product, practice of finding that, where shipment claimed or allowed. as required under section 773(b) of the date precedes invoice date, shipment Act, to determine whether these sales date better reflects the date on which Normal Value were made at prices below the cost of the material terms of sale are Selection of Comparison Market production. The prices were exclusive established. See Notice of Final of any applicable movement charges, To determine whether there was a Determination of Sales at Less Than packing expenses, warranties, and sufficient volume of sales of PSF in the Fair Value and Negative Final indirect selling expenses. In home market to serve as a viable basis Determination of Critical determining whether to disregard for calculating normal value, we Circumstances: Certain Frozen and home–market sales made at prices compared the volume of the Canned Warmwater Shrimp From below their cost of production and in Thailand, 69 FR 76918 (December 23, respondent’s home–market sales of the accordance with sections 773(b)(2)(B), 2004), and accompanying Issues and foreign like product to its volume of (C), and (D) of the Act, we examined Decision Memorandum at Comment 10; U.S. sales of the subject merchandise in whether such sales were made within see also Notice of Final Determination accordance with section 773(a) of the an extended period of time in of Sales at Less Than Fair Value: Act. Pursuant to section 773(a)(1)(B) of substantial quantities and at prices Structural Steel Beams From Germany, the Act, because the respondent’s which permitted the recovery of all 67 FR 35497 (May 20, 2002), and aggregate volume of home–market sales costs within a reasonable period of time. accompanying Issues and Decision of the foreign like product was greater We found that, for certain products, Memorandum at Comment 2. than five percent of its aggregate volume more than 20 percent of the With respect to FET’s U.S. market of U.S. sales of the subject merchandise, respondent’s home–market sales were at sales, shipment date occurs on or before we determined that the home market prices below the cost of production and, the date of invoice. The date of invoice was viable for comparison purposes. in addition, the below–cost sales were is the date on which the Government Cost of Production made within an extended period of time Uniform Invoice is issued. Further, in substantial quantities. In addition, based on record evidence, all material We disregarded below–cost sales by these sales were made at prices that did terms of sale are established at the time FET in the last administrative review of not permit the recovery of costs within of shipment and do not change in the the order completed prior to the a reasonable period of time. Therefore, subsequent time prior to the issuance of initiation of this review. See Certain we disregarded these sales and used the the invoice. Therefore, we used the date Polyester Staple Fiber From Taiwan: remaining sales of the same product as of shipment as the date of sale in Final Results of Antidumping Duty the basis for determining normal value accordance with our practice. Administrative Review, 74 FR 18348 in accordance with section 773(b)(1) of With respect to most of FET’s home– (April 22, 2009); see also Certain the Act. market sales, shipment date occurs on Polyester Staple Fiber From Taiwan: Calculation of Normal Value or before the invoice date. Further, Preliminary Results of Antidumping based on record evidence, all material Duty Administrative Review, 74 FR We calculated normal value based on terms of sale are established at the time 6136, 6137–38 (February 5, 2009). the price FET reported for home–market of shipment and do not change in the Therefore, pursuant to section sales to unaffiliated customers which subsequent time prior to the issuance of 773(b)(2)(A)(ii) of the Act, there were we determined were within the ordinary the invoice. We note that FET had some reasonable grounds to believe or suspect course of trade. We made adjustments home–market sales in which invoice that the respondent made sales of the for differences in domestic and export dates preceded shipment dates; for these foreign like product in its comparison packing expenses in accordance with home–market sales, we used the invoice market at prices below the cost of sections 773(a)(6)(A) and 773(a)(6)(B)(i) date as the date of sale in accordance production within the meaning of of the Act. We also made adjustments, with our practice. For all other home– section 773(b) of the Act. consistent with section 773(a)(6)(B)(ii) market sales, we used shipment date as We calculated the cost of production of the Act, for inland–freight expenses date of sale. on a product–specific basis, based on from the plant to the customer and the sum of the respondent’s costs of expenses associated with loading the Export Price materials and fabrication for the foreign merchandise onto the truck to be For sales to the United States, we like product plus amounts for general shipped. In addition, we made calculated export price in accordance and administrative expenses, interest adjustments for differences in with section 772(a) of the Act because expenses, and the costs of all expenses circumstances of sale in accordance the merchandise was sold prior to incidental to preparing the foreign like with section 773(a)(6)(C)(iii) of the Act importation by the exporter or producer product for shipment in accordance and 19 CFR 351.410. We made these outside the United States to the first with section 773(b)(3) of the Act. adjustments, where appropriate, by unaffiliated purchaser in the United We relied on cost–of-production deducting direct selling expenses States and because constructed export– information FET submitted in its incurred on home–market sales (i.e., price methodology was not otherwise response to our cost questionnaire imputed credit expenses and warranted. We calculated export price except we adjusted FET’s reported cost warranties) and adding U.S. direct based on the free–on-board price to of manufacturing to account for selling expenses (i.e., imputed credit unaffiliated purchasers in the United purchases of purified terephthalic acid expenses and bank charges).

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In addition, FET reported one customers, the necessary condition for submitted written comments, within transaction in its home–market sales finding they constitute different levels 120 days after publication of this notice. database for which it acknowledged it of trade was not met. Accordingly, we Assessment Rates had reason to know would be exported determined that all of FET’s U.S. sales to the People’s Republic of China. See constituted a single level of trade. The Department shall determine, and FET’s December 23, 2009, response to FET reported a single channel of CBP shall assess, antidumping duties on our supplemental questionnaire. distribution (i.e., direct sales to end– all appropriate entries. Although FET Because FET knew or had reason to users) and a single level of trade in the indicated that it was not the importer of know at the time of sale that this home market. Because the sales process record for any of its sales to the United transaction was destined for export, we and selling functions FET performed for States during the period of review, it removed it from our calculation of selling to home–market customers did reported the name of the importer of normal value in accordance with section not vary by individual customers, we record for all of its U.S. sales. Because 773(a)(1)(C) of the Act. determined that all of FET’s home– FET reported the entered value for all of market sales constituted a single level of its U.S. sales and in accordance with 19 Level of Trade trade. CFR 351.212(b)(1), we have calculated In accordance with section We found that the export–price level an importer–specific assessment rate for 773(a)(1)(B) of the Act, to the extent of trade was similar to the home–market the merchandise in question by practicable, we determine normal value level of trade in terms of selling aggregating the dumping margins we based on sales in the comparison market activities. Specifically, the levels of calculated for all U.S. sales to the at the same level of trade as the export expense were similar for the selling importer and dividing this amount by price. Pursuant to 19 CFR 351.412(c)(1), functions FET provided in both markets. the total entered value of those sales. the normal–value level of trade is based Accordingly, we considered the export– We intend to issue instructions to CBP on the starting price of the sales in the price level of trade to be similar to the 15 days after publication of the final comparison market or, when normal home–market level of trade and not at results of this review. value is based on constructed value, the a different stage of distribution than the The Department clarified its starting price of the sales from which we home–market level of trade. Therefore, ‘‘automatic assessment’’ regulation on derive selling, general, and we matched export–price sales to sales May 6, 2003. See Antidumping and administrative expenses and profit. For at the same level of trade in the home Countervailing Duty Proceedings: export–price sales, the U.S. level of market and no level–of-trade adjustment Assessment of Antidumping Duties, 68 trade is based on the starting price of the under section 773(a)(7)(A) of the Act is FR 23954 (May 6, 2003) (Assessment sales in the U.S. market, which is necessary. Clarification). This clarification will usually from the exporter to the apply to entries of subject merchandise importer. Preliminary Results of the Review during the period of review produced by To determine whether comparison– As a result of this review, we FET for which it did not know its market sales are at a different level of preliminarily determine that a dumping merchandise was destined for the trade than export–price sales, we margin of 2.11 percent exists for FET for United States. In such instances, we will examine stages in the marketing process the period May 1, 2008, through April instruct CBP to liquidate un–reviewed and selling functions along the chain of 30, 2009. entries at the all–others rate if there is distribution between the producer and no rate for the intermediate the unaffiliated customer. See 19 CFR Public Comment company(ies) involved in the 351.412(c)(2). If the comparison–market We will disclose the documents transaction. For a full discussion of this sales are at a different level of trade and resulting from our analysis to parties in clarification, see Assessment the difference affects price this review within five days of the date Clarification. comparability, as manifested in a of publication of this notice. See 19 CFR Cash–Deposit Requirements pattern of consistent price differences 351.224(b). Any interested party may between the sales on which normal request a hearing within 30 days of the The following deposit requirements value is based and the comparison– publication of this notice in the Federal will be effective upon publication of the market sales at the level of trade of the Register. See 19 CFR 351.310(c). If a notice of final results of administrative export transaction, we make a level–of- hearing is requested, the Department review for all shipments of PSF from trade adjustment under section will notify interested parties of the Taiwan entered, or withdrawn from 773(a)(7)(A) of the Act. hearing schedule. warehouse, for consumption on or after In this review, we obtained Interested parties are invited to the date of publication as provided by information from FET regarding the comment on the preliminary results of section 751(a)(2) of the Act: (1) the marketing stages involved in making its this review. Interested parties may cash–deposit rate for FET will be the reported home–market and U.S. sales submit case briefs within 30 days of the rate established in the final results of for each channel of distribution. FET date of publication of this notice. this administrative review; (2) for reported one channel of distribution Rebuttal briefs, which must be limited merchandise exported by manufacturers (i.e., direct sales to distributers) and a to issues raised in the case briefs, may or exporters not covered in this review single level of trade in the U.S. market. be filed not later than 35 days after the but covered in a prior segment of the For purposes of these preliminary date of publication of this notice. Parties proceeding, the cash–deposit rate will results, we have organized the common who submit case briefs or rebuttal briefs continue to be the company–specific selling functions into four major in this review are requested to submit rate published for the most recent categories: sales process and marketing with each argument (1) a statement of period; (3) if the exporter is not a firm support, freight and delivery, inventory the issue and (2) a brief summary of the covered in this review, a prior review, and warehousing, and quality argument with an electronic version or the original investigation but the assurance/warranty services. Because included. manufacturer is, the cash–deposit rate the sales process and selling functions We intend to issue the final results of will be the rate established for the most FET performed for selling to the U.S. this review, including the results of our recent period for the manufacturer of market did not vary by individual analysis of issues raised in any the merchandise; (4) if neither the

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exporter nor the manufacturer is a firm SUPPLEMENTARY INFORMATION: Anti-fatigue mat, Gray covered in this review, the cash–deposit NSN: 7220–00–NIB–0400—3x5′ Industrial Additions deck-plate, Anti-fatigue Mat, Black rate will be 7.31 percent, the all–others ′ rate established in Notice of Amended On 12/4/2009 (74 FR 63732) and 12/ NSN: 7220–00–NIB–0402—2x3 Industrial deck-plate, Anti-fatigue Mat, Black Final Determination of Sales at Less 11/2009 (74 FR 65758–65760), the ′ Committee for Purchase From People NSN: 7220–00–NIB–0403—3x5 Industrial Than Fair Value: Certain Polyester deck-plate, Anti-fatigue Mat, Black Staple Fiber From the Republic of Korea Who Are Blind or Severely Disabled NSN: 7220–00–NIB–0411—2x3′ Anti-fatigue and Antidumping Duty Orders: Certain published notices of proposed additions Mat, Recycled content, Gray Polyester Staple Fiber From the to the Procurement List. NSN: 7220–00–NIB–0412—3x5′ Anti-fatigue Republic of Korea and Taiwan, 65 FR After consideration of the material Mat, Recycled content, Gray ′ 33807 (May 25, 2000). presented to it concerning capability of NSN: 7220–00–NIB–0384—4x6 Wiper/ qualified nonprofit agencies to provide Scraper Mat, Medium Duty, Recycled Notification to Importers the products and services and impact of PET, Gray ′ This notice also serves as a the additions on the current or most NSN: 7220–00–NIB–0378—4x6 Loop-twist recent contractors, the Committee has Outdoor Scraper Mat, Gray preliminary reminder to importers of NSN: 7220–00–NIB–0392—4x6′ Indoor their responsibility under 19 CFR determined that the products and Wiper Mat, Recycled PET, Gray 351.402(f)(2) to file a certificate services listed below are suitable for NSN: 7220–00–NIB–0369—3x5′ Vinyl Loop regarding the reimbursement of procurement by the Federal Government Scraper Mat, Black antidumping duties prior to liquidation under 41 U.S.C. 46–48c and 41 CFR 51– NSN: 7220–00–NIB–0370—4x6′ Vinyl Loop of the relevant entries during this 2.4. Scraper Mat, Black review period. Failure to comply with NSN: 7220–00–NIB–0375—24″x32″ Finger- Regulatory Flexibility Act Certification tip Mat, Medium-duty, Black this requirement could result in the ″ ″ Secretary’s presumption that I certify that the following action will NSN: 7220–00–NIB–0376—36 x72 Finger- not have a significant impact on a tip Mat, Medium-duty, Black reimbursement of antidumping duties NSN: 7220–00–NIB–0381—23″x32″ Finger- occurred and the subsequent assessment substantial number of small entities. The major factors considered for this tip Mat, Heavy-duty, Black of double antidumping duties. Coverage: B–List for the broad government We are issuing and publishing these certification were: requirement as aggregated by the General results in accordance with sections 1. The action will not result in any Services Administration 751(a)(1) and 777(i)(1) of the Act. additional reporting, recordkeeping or NPA: Wiscraft Inc.—Wisconsin Enterprises other compliance requirements for small for the Blind, Milwaukee, WI Dated: February 1, 2010. entities other than the small Contracting Activity: Federal Acquisition Carole A. Showers, organizations that will furnish the Service, GSA/FAS Southwest Supply Acting Deputy Assistant Secretary for Policy products and services to the Center (QSDAC), Fort Worth, TX and Negotiations. Government. Services [FR Doc. 2010–2593 Filed 2–4–04; 8:45 am] 2. The action will result in Service Type/Locations: Document BILLING CODE 3510–DS–S authorizing small entities to furnish the Destruction Service products and services to the NPA: NISH (Prime Contractor) Government. Contracting Activity: Dept Of The Treasury/ COMMITTEE FOR PURCHASE FROM 3. There are no known regulatory Internal Revenue Service, Washington, PEOPLE WHO ARE BLIND OR alternatives which would accomplish DC SEVERELY DISABLED the objectives of the Javits-Wagner- I.R.S. Offices at the following locations: O’Day Act (41 U.S.C. 46–48c) in 2385 CHAMBLEE TUCKER ROAD, Procurement List; Additions and connection with the products and CHAMBLEE, GA Deletions services proposed for addition to the J GORDON LOW BLDG: 120 BARNARD ST, Procurement List. SAVANNAH, GA AGENCY: Committee for Purchase From 401 W PEACHTREE ST, ATLANTA, GA People Who Are Blind or Severely End of Certification 600 EAST FIRST ST, ROME, GA Disabled. RICHARD B. RUSSELL FB: 75 SPRING ST, Accordingly, the following products ATLANTA, GA ACTION: Additions to and Deletions from and services are added to the R. G. STEPHENS JR FB: 355 HANCOCK Procurement List. Procurement List: AVENUE, ATHENS, GA 4800 BUFORD HIGHWAY, CHAMBLEE, GA SUMMARY: This action adds to the Products NE KOGER: 2888 WOODCOCK BLVD, Procurement List products and services NSN: 7220–00–NIB–0382—36″x72″ Finger- ATLANTA, GA to be furnished by nonprofit agencies tip Mat, Heavy-duty, Black SNAPFINGER TECH: 5240 SNAPFINGER employing persons who are blind or NSN: 7220–00–NIB–0372—4x6′ Vinyl Loop PARK DR, DECATUR, GA have other severe disabilities, and Scraper Mat, Gray 2970 BRANDYWINE RD, ATLANTA, GA deletes from the Procurement List NSN: 7220–00–NIB–0377—3x5′ Loop-twist 2980 BRANDYWINE RD, ATLANTA, GA products and services previously Outdoor Scraper Mat, Gray ATSC TRAINING: 2965 FLOWERS RD, ′ furnished by such agencies. NSN: 7220–00–NIB–0383—3x5 Wiper/ CHAMBLEE, GA Scraper Mat, Medium Duty, Recycled 2400 HERODIAN WAY, SMYRNA, GA DATES: Effective Date: March 8, 2010. PET, Gray FIRST FEDERAL PLAZA: 777 GLOUCESTER ADDRESSES: Committee for Purchase NSN: 7220–00–NIB–0391—3x5′ Indoor ST, BRUNSWICK, GA From People Who Are Blind or Severely Wiper Mat, Recycled PET, Gray 2743 PERIMETER PKWY, AUGUSTA, GA Disabled, Jefferson Plaza 2, Suite 10800, NSN: 7220–00–NIB–0397—2x3′ Ribbed Vinyl 233 PEACHTREE ST, ATLANTA, GA 1421 Jefferson Davis Highway, Anti-fatigue mat, Gray 6655 PEACHTREE DUNWOODY RD NE, ′ Arlington, Virginia, 22202–3259. NSN: 7220–00–NIB–0399—2x3 Industrial ATLANTA, GA deck-plate, Anti-fatigue Mat, Black 329 OAK STREET, GAINESVILLE, GA FOR FURTHER INFORMATION CONTACT: Coverage: A–List for the total government 1008 PROFESSIONAL BLVD., DALTON, GA Barry S. Lineback, Telephone: (703) requirement as aggregated by the General 6600 BAY CIRCLE, NORCROSS, GA 603–7740, Fax: (703) 603–0655, or email Services Administration 640 NORTH AVENUE, MACON, GA [email protected]. NSN: 7220–00–NIB–0398—3x5′ Ribbed Vinyl 33 E. TWOHIG AVE, SAN ANGELO, TX

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6801 SANGER AVE, WACO, TX NPA (Subcontractor): Arc Fresno, Inc., 311 NORTH ARNOLD AVENUE, 5219 MCPHERSON RD, LAREDO, TX Fresno, CA PRESTONSBURG, KY 601 NW LOOP 410 ACCESS RD, SAN 3971 RESEARCH PARK DRIVE, ANN 300 MADISON AVE, FLORENCE, KY ANTONIO, TX ARBOR, MI 462 SOUTH 4TH STREET, LOUISVILLE, KY 415 S. FIRST STREET, LUFKIN, TX 22600 HALL ROAD, CLINTON TOWNSHIP, NPA (Subcontractor): Employment Solutions, 216 W. 26TH STREET, BRYAN, TX MI Inc., Lexington, KY 3525 NORTHEAST PARKWAY, SAN 477 MICHIGAN AVE, DETROIT, MI 233 EAST 84TH DRIVE, MERRILLVILLE, IN ANTONIO, TX 985 MICHIGAN AVENUE, DETROIT, MI ONE MICHIANA SQUARE, SOUTH BEND, 8700 TESORO DRIVE, SAN ANTONIO, TX 3100 WEST ROAD, EAST LANSING, MI IN 1205 TEXAS AVE, LUBBOCK, TX 38275 WEST TWELVE MILE ROAD, 777 RIVERVIEW DRIVE, BENTON HARBOR, 100 N. E. LOOP 410, SAN ANTONIO, TX FARMINGTON HILLS, MI MI NPA (Subcontractor): Austin Task, Inc., 815 S. SAGINAW ST, FLINT, MI 678 FRONT STREET NW., GRAND RAPIDS, Austin, TX 234 LOUIS GLICK HWY, JACKSON, MI MI 915 LAFAYETTE BLVD, BRIDGEPORT, CT 1270 PONTIAC RD, PONTIAC, MI 8075 CREEKSIDE DRIVE, PORTAGE, MI 131 WEST STREET, DANBURY, CT 4901 TOWNE CENTRE RD, SAGINAW, MI 3251 N EVERGREEN DR NE, GRAND 333 EAST RIVER DRIVE, EAST HARTFORD, NPA (Subcontractor): The Arc of St. Clair RAPIDS, MI CT County, Port Huron, MI NPA (Subcontractor): Gateway, Berrien COTTER FB: 135 HIGH STREET, 300 SOUTH NEW STREET, DOVER, DE Springs, MI HARTFORD, CT 21309 BERLIN ROAD, GEORGETOWN, DE PRINCE KUHIO FB: 300 ALA MOANA GAIAMO FB: 150 COURT ST., NEW HAVEN, 1352 MARROWS ROAD, NEWARK, DE BLVD, HONOLULU, HI CT 844 KING STREET, WILMINGTON, DE 2050 MAIN STREET, WAILUKU, HI 24 BELDEN AVE, NORWALK, CT 190 ADMIRAL COCHRANE DRIVE, SUITE NPA (Subcontractor): Goodwill Contract 14 COTTAGE PLACE, WATERBURY, CT 170, ANNAPOLIS, MD Services of Hawaii, Inc., Honolulu, HI 936 SILAS DEANE HIGHWAY, 31 HOPKINS PLAZA, BALTIMORE, MD 600 E. HARRISON ST., BROWNSVILLE, TX WETHERSFIELD, CT 212 WEST MAIN STREET, SALISBURY, MD 555 NORTH CARANCAHUA ST, CORPUS NPA (Subcontractor): Easter Seals Greater NATIONAL OFFICE: 1111 CONSTITUTION CHRISTI, TX Hartford Rehabilitation Center, Inc., AVE NW., WASHINGTON, DC 320 N MAIN ST, MC ALLEN, TX Windsor, CT 500 N CAPITOL ST, WASHINGTON, DC M L KING JR FB: 312 SOUTH MAIN 2120 CAPITOL AVE, CHEYENNE, WY 820 FIRST ST., NE, WASHINGTON, DC STREET, VICTORIA, TX THOMAS P. O’NIELL, JR FB: 10 CAUSEWAY 1099 14TH STREET NW., WASHINGTON, NPA (Subcontractor): Goodwill Industries of ST, BOSTON, MA DC South Texas, Inc., Corpus Christi, TX MAIN & EAST ELM ST, BROCKTON, MA 1099 14TH STREET NW., WASHINGTON, 1901B E CAPITOL DR, APPLETON, WI PHILIP J PHILBIN FB: 881 MAIN STREET, DC 440 SECURITY BLVD, GREEN BAY, WI FITCHBURG, MA 1750 PENNSYLVANIA AVENUE, 20 E MILWAUKEE ST. STE 204, 900 CHELMSFORD STREET, LOWELL, MA WASHINGTON, DC JANESVILLE, WI 118 TURNPIKE ROAD, SOUTHBOROUGH, US MINT ANNEX: 799 9TH STREET, 545 ZOR SHRINE PL, MADISON, WI MA WASHINGTON, DC 515 S. WASHBURN STREET, OSHKOSH, WI 120 FRONT STREET, WORCESTER, MA US MINT: 801 9th STREET, NW., 2108 KOHLER MEMORIAL DR., 380 WESTMINSTER ST, PROVIDENCE, RI WASHINGTON, DC SHEBOYGAN, WI 60 QUAKER LANE, WARWICK, RI 201 THOMAS JOHNSON DR, FREDERICK, NPA (Subcontractor): Goodwill Industries of 1250 HANCOCK STREET, QUINCY, MA MD Southeastern Wisconsin, Inc., NPA (Subcontractor): Cranston Arc, 14701 NATIONAL HWY SW, FROSTBURG, Milwaukee, WI Cranston, RI MD 611 6TH ST, LOS ANGELES, CA 29 NORTH WACKER DRIVE, CHICAGO, IL 1260 MARYLAND AVENUE, 950 HAMPSHIRE ROAD, THOUSAND 211 S COURT STREET, ROCKFORD, IL HAGERSTOWN, MD OAKS, CA 5100 RIVER RD., SCHILLER PARK, IL 2345 CRYSTAL DR, STE 400, ARLINGTON, NPA: Goodwill Industries of Southern NPA (Subcontractor): Glenkirk, Northbrook, VA California, Los Angeles, CA IL 5205 LEESBURG PIKE, BAILEYS 520 112TH AVENUE NE, BELLEVUE, WA 2 SOUTH MAIN STREET, AKRON, OH CROSSROADS, VA 3020 RUCKER AVE, EVERETT, WA 201 CLEVELAND AVE SW, CANTON, OH 11166 FAIRFAX BLVD, FAIRFAX, VA 402 LEGION WAY SE, OLYMPIA, WA 1240 E NINTH STREET, CLEVELAND, OH 8100 CORPORATE DRIVE, HYATTSVILLE, 800 5TH AVE, SEATTLE, WA 1375 E NINTH STREET, CLEVELAND, OH MD 1201 PACIFIC AVENUE, TACOMA, WA 208 PERRY ST, DEFIANCE, OH 8401 CORPORATE DRIVE, LANDOVER, MD NPA (Subcontractor): Northwest Center, 5990 W CREEK ROAD, INDEPENDENCE, OH 5000 ELLIN RD, LANHAM/SEABROOK, MD Seattle, WA 401 WEST NORTH STREET, LIMA, OH 6009 OXON HILL, OXON HILL, MD 12 CADILLAC DR., STE 400, BRENTWOOD, 300 BROADWAY, LORAIN, OH 11510 GEORGIA AVENUE, WHEATON, MD TN 180 N DIAMOND ST, MANSFIELD, OH 100 S. CHARLES STREET, BALTIMORE, MD 5740 UPTAIN RD, CHATTANOOGA, TN 8 NORTH STATE STREET, PAINESVILLE, 120 CHARLES STREET, BALTIMORE, MD 5880 NOLENSVILLE RD, NASHVILLE, TN OH NPA (Subcontractor): Athelas Institute, Inc., 701 BROADWAY, NASHVILLE, TN 500 MARKET STREET, STEUBENVILLE, OH Columbia, MD 801 BROADWAY, NASHVILLE, TN 433 NORTH SUMMIT ST, TOLEDO, OH 200 W. PROFESSIONAL PARK CT., NASHVILLE HQ: 801 BROADWAY, YOUNGSTOWN FB: 10 EAST COMMERCE BOWLING GREEN, KY NASHVILLE, TN ST., YOUNGSTOWN, OH 225 E. PEACHTREE ST, CORBIN, KY NASHVILLE—ANNEX: 801 BROADWAY, 220 SOUTH MAIN STREET, BUTLER, PA 7940 KENTUCKY DRIVE, FLORENCE, KY NASHVILLE, TN 4314 OLD WILLIAM PENN HIGHWAY, 5 SPIRAL DRIVE, FLORENCE, KY 810 BROADWAY, NASHVILLE, TN MONROEVILLE, PA 7125 INDUSTRIAL RD, FLORENCE, KY 2607 CHARLOTTE AVE—MODULAR 7, 1000 LIBERTY AVE., PITTSBURGH, PA 10 SPIRAL DRIVE, FLORENCE, KY NASHVILLE, TN 547 KEYSTONE DRIVE, WARRENDALE, PA 121 W TENTH STREET, HOPKINSVILLE, KY NPA (Subcontractor): The Orange Grove 162 WEST CHESTNUT STREET, 1500 LEESTOWN RD, LEXINGTON, KY Center, Inc., Chattanooga, TN WASHINGTON, PA LOU MAZZOLI FB: 600 MARTIN LUTHER RC WHITE FEDERAL BLDG: 700 E. SAN NPA (Subcontractor): Weaver Industries, Inc., KING JR. PLACE, LOUISVILLE, KY ANTONIO AVE, EL PASO, TX Akron, OH 1500 ORMSBY STATION COURT, 300 N. MAIN ST, EL PASO, TX 505 S. MAIN ST, LAS CRUCES, NM LOUISVILLE, KY NPA (Subcontractor): ReadyOne Industries, NPA (Subcontractor): Adelante Development 401 FREDERICA STREET, OWENSBORO, KY Inc., El Paso, TX Center, Inc., Albuquerque, NM 2765 WAYNE SULLIVAN DRIVE, 2017 SOUTH LIBERTY DR, BLOOMINGTON, 625 N. AKERS ST, VISALIA, CA PADUCAH, KY IN

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12900 NORTH MERIDAN STREET, 500 W 12TH ST, VANCOUVER, WA NPA (Subcontractor): Greene, Inc., Xenia, OH CARMEL, IN NPA (Subcontractor): Garten Services, Inc., SANTA ANA POD: 801 CIVIC CENTER 2525 CALIFORNIA STREET, COLUMBUS, IN Salem, OR DRIVE, W., SANTA ANA, CA 7409 EAGLE CREST BLVD, EVANSVILLE, IN 10715 DAVID TAYLOR DRIVE, NPA (Subcontractor): Landmark Services, 1111 SOUTH PARK DRIVE, GREENWOOD, CHARLOTTE, NC Inc., Santa Ana, CA IN 3308 CHAPEL HILLS BLVD, DURHAM, NC 225 N HIGH STREET, MUNCIE, IN 320 FEDERAL PLACE, GREENSBORO, NC Deletions 801 WABASH AVE, TERRE HAUTE, IN 2303 W MEADOWVIEW ROAD, On 11/23/2009 (74 FR 61114–61115) 201 E. RUDISILL BLVD, FORT WAYNE, IN GREENSBORO, NC and 11/27/2009 (74 FR 62287), the 955 MEZZANINE DRIVE, LAFAYETTE, IN 115 5TH AVENUE, NW., HICKORY, NC Committee for Purchase From People 7525 EAST 39TH STREET, INDIANAPOLIS, 4405 BLAND ROAD, RALEIGH, NC IN RALEIGH FB: 310 NEW BERN AVENUE, Who Are Blind or Severely Disabled NPA (Subcontractor): Shares Inc., RALEIGH, NC published notices of proposed deletions Shelbyville, IN 251 N MAIN STREET, WINSTON SALEM, from the Procurement List. 301 SOUTH PROSPECT ROAD, NC After consideration of the relevant BLOOMINGTON, IL 151 PATTON AVENUE, ASHEVILLE, NC matter presented, the Committee has 1201 N MITSUBISHI MOTORWAY, 225 GREEN ST, FAYETTEVILLE, NC determined that the products and BLOOMINGTON, IL 3340 JAECKLE DRIVE, WILMINGTON, NC services listed below are no longer 310–312 W. CHURCH ST., CHAMPAIGN, IL NPA (Subcontractor): OE Enterprises, Inc., suitable for procurement by the Federal 306 W ELDORADO STREET, DECATUR, IL Hillsborough, NC 405 SOUTH BANKER STREET, 1212 CHARLES STREET, BEAUFORT, SC Government under 41 U.S.C. 46–48c EFFINGHAM, IL 1 POSTON ROAD, CHARLESTON, SC and 41 CFR 51–2.4. 2066 WINDISH DR, GALESBURG, IL 1835 ASSEMBLY STREET, COLUMBIA, SC Regulatory Flexibility Act Certification 2415 WEST CORNERSTONE CT, PEORIA, IL 440 ROPER MOUNTAIN ROAD, 3701 EAST LAKE CENTRE DR., QUINCY, IL GREENVILLE, SC I certify that the following action will 3101 CONSTITUTION DRIVE, 601 19TH AVENUE NORTH, MYRTLE not have a significant impact on a SPRINGFIELD, IL BEACH, SC substantial number of small entities. 1122 T & C COMMONS, CHESTERFIELD, 401 W EVANS ST, FLORENCE, SC The major factors considered for this MO NPA (Subcontractor): Florence County certification were: 111 CORPORATE OFFICE DR. #145, EARTH Disabilities and Special Needs Board, 1. The action will not result in CITY, MO Florence, SC additional reporting, recordkeeping or 1222 SPRUCE ST, ST LOUIS, MO 5799 BROADMOOR ST, MISSION, KS other compliance requirements for small NPA (Subcontractor): United Cerebral Palsy 120 SE 6TH STREET, TOPEKA, KS of the Land of Lincoln, Springfield, IL 271 WEST 3RD STREET NORTH, WICHITA, entities. 1115 NORTH MADISON AVE, EL DORADO, KS 2. The action may result in AR 3720 SOUTH ELIZABETH STREET, authorizing small entities to furnish the 4905 OLD GREENWOOD RD., FORT SMITH, INDEPENDENCE, MO products and services to the AR 6000 E. GEOSPACE DRIVE, Government. 190 AVIATION PLAZA SUITE C, HOT INDEPENDENCE, MO 3. There are no known regulatory SPRINGS, AR 5800 E BANNISTER ROAD, KANSAS CITY, alternatives which would accomplish 615 S MAIN ST, JONESBORO, AR MO the objectives of the Javits-Wagner- 700 W CAPITOL AVENUE, LITTLE ROCK, APPEAL SITE: 2345 GRAND AVE, KANSAS O’Day Act (41 U.S.C. 46–48c) in AR CITY, MO connection with the products and 100 EAST 8TH AVE, PINE BLUFF, AR 333 WEST PERSHING ROAD, KANSAS 1401 HUDSON LN STE 134, MONROE, LA CITY, MO services deleted from the Procurement 3007 KNIGHT ST, SHREVEPORT, LA 200 SPACE CENTER DRIVE, LEES SUMMIT, List. 3333 S. NATIONAL AVE, SPRINGFIELD, MO MO End of Certification 109 S HIGHLAND AVE, JACKSON, TN NPA (Subcontractor): Independence and Blue MEMPHIS FB: 167 N MAIN ST, MEMPHIS, Springs Industries, Inc., Independence, Accordingly, the following products TN MO and services are deleted from the 22 N FRONT ST, MEMPHIS, TN 211 N DELAWARE AVE, MASON CITY, IA Procurement List: 500 N STATE LINE AVE, TEXARKANA, AR NPA (Subcontractor): Harrison County 655 E MILSAP RD, FAYETTEVILLE, AR Sheltered Workshop Association, Products NPA (Subcontractor): United Cerebral Palsy Bethany, MO NSN: 7530–01–450–5414— of Central Arkansas, Little Rock, AR 4825 COFFEE RD, BAKERSFIELD, CA Appointment Book Refill, 2008 1110 MONTLIMAR DR, MOBILE, AL NPA (Subcontractor): The Bakersfield NSN: 7510–01–450–5407—Calendar 235 ROOSEVELT AVE., ALBANY, GA Association for Retarded Citizens, Inc., 3604 MACON ROAD, COLUMBUS, GA Bakersfield, CA Pad, Type I, 2008 VALDOSTA FB: 401 NORTH PATTERSON 1534 NORTH BRIDGE ST., CHILLICOTHE, NSN: 7510–01–450–5425—Calendar ST, VALDOSTA, GA OH Pad, Type II, 2008 202 WEST ADAMS STREET, DOTHAN, AL JOHN W PECK FB: 550 MAIN STREET, NPA: The Easter Seal Society of Western 125 W ROMANA STREET, PENSACOLA, FL CINCINNATI, OH Pennsylvania, Pittsburgh, PA 880 N. REUS STREET, PENSACOLA, FL 36 E SEVENTH STREET, CINCINNATI, OH Contracting Activity: GSA/FSS OFC 651–F WEST 14TH STREET, PANAMA 312 ELM ST., CINCINNATI, OH SUP CTR—PAPER PRODUCTS, CITY, FL 200 W 2ND ST, DAYTON, OH NEW YORK, NY NPA (Subcontractor): Wiregrass 70 N. PLAINS ROAD, THE PLAINS, OH Rehabilitation Center, Inc., Dothan, AL 9075 CENTRE POINTE DRIVE, Services 2120 CAPITOL AVE, CHEYENNE, WY WESTCHESTER, OH Service Type/Location: Food Service NPA (Subcontractor): Bayaud Industries, Inc., 710 MAIN ST., ZANESVILLE, OH Attendant, Rickenbacker Reserve, Denver, CO 200 WEST FOURTH STREET, COVINGTON, 300 COUNTRY CLUB RD, EUGENE, OR KY Redtail Building Reserve Base, 7370 GUS J. SOLOMON CTHSE: 620 SW MAIN 333 SCOTT STREET, COVINGTON, KY Minuteman Way, Columbus, OH. ST, PORTLAND, OR COLUMBUS FOB: 200 N HIGH ST, NPA: Goodwill Columbus Outsource E.GREEN—W.WYATT FB: 1220 SW THIRD COLUMBUS, OH Solutions, Columbus, OH AVE, PORTLAND, OR 401 NORTH FRONT STREET, COLUMBUS, Contracting Activity: DEPT OF THE 1660 OAK STREET SE, SALEM, OR OH ARMY, XRAW7NU USPFO

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ACTIVITY OH ARNG, COLUMBUS, COMMITTEE FOR PURCHASE FROM connection with the product proposed OH PEOPLE WHO ARE BLIND OR for addition to the Procurement List. Service Type/Location: Janitorial/ SEVERELY DISABLED Comments on this certification are Custodial, TSA Office Space: invited. Commenters should identify the Norfolk International Airport, 2200 Procurement List: Proposed Additions statement(s) underlying the certification Norview Avenue, Norfolk, VA. and Deletions on which they are providing additional information. NPA: Portco, Inc., Portsmouth, VA AGENCY: Committee for Purchase From Contracting Activity: GSA/PBS/R03, People Who Are Blind or Severely End of Certification RICHMOND, VA Disabled. Service Type/Location: Declassification/ The following product and service are ACTION: Proposed additions to and Demilitarization of Hardware, proposed for addition to Procurement deletions from Procurement List. Robins Air Force Base, GA. List for production by the nonprofit agencies listed: NPA: Epilepsy Association of Georgia, SUMMARY: The Committee is proposing Warner Robins, GA to add to the Procurement List a product Product Contracting Activity: DEPT OF THE AIR and a service to be furnished by NSN: 2090–00–372–6064—Repair Kit, FORCE, FA8501 WR ALC PKO, nonprofit agencies employing persons Standard. ROBINS AFB, GA who are blind or have other severe NPA: Mid-Valley Rehabilitation, Inc., Service Type/Location: Tape Cleaning, disabilities, and to delete products McMinnville, OR. Robins Air Force Base, GA. previously furnished by such agencies. Contracting Activity: Defense Logistics NPA: Epilepsy Association of Georgia, Comments Must Be Received on or Agency, Defense Supply Center Warner Robins, GA Before: March 8, 2010. Columbus, Columbus, OH. Coverage: C–List for the requirements for the Contracting Activity: DEPT OF THE AIR ADDRESSES: Committee for Purchase Defense Supply Center Columbus, FORCE, FA8501 WR ALC PKO, From People Who Are Blind or Severely Columbus, OH. ROBINS AFB, GA Disabled, Jefferson Plaza 2, Suite 10800, Service Type/Location: Parts Sorting, 1421 Jefferson Davis Highway, Service Defense Reutilization and Arlington, Virginia 22202–3259. Service Type/Location: Base Supply Center, Marketing Office, Robins AFB, GA. For Further Information or To Submit Defense Supply Center Columbus, 3990 NPA: Epilepsy Association of Georgia, Comments Contact: Barry S. Lineback, E Broad Street, Columbus, OH. Warner Robins, GA Telephone: (703) 603–7740, Fax: (703) NPA: Associated Industries for the Blind, Contracting Activity: DEFENSE 603–0655, or e-mail Milwaukee, WI. LOGISTICS AGENCY, DLA Contracting Activity: Defense Logistics [email protected]. Agency, Defense Supply Center SUPPORT SERVICES—DSS, FORT SUPPLEMENTARY INFORMATION: This Columbus, Columbus, Ohio. BELVOIR, VA notice is published pursuant to 41 U.S.C Deletions Service Type/Location: Janitorial/ 47(a)(2) and 41 CFR 51–2.3. Its purpose Custodial, USDA, Building 255E, is to provide interested persons an Regulatory Flexibility Act Certification Sanford Airport, Sanford, FL. opportunity to submit comments on the I certify that the following action will NPA: SMA Behavioral Health Services, proposed actions. not have a significant impact on a Inc., Daytona Beach, FL substantial number of small entities. Contracting Activity: DEPT OR Additions The major factors considered for this AGRICULTURE, ANIMAL AND If the Committee approves the certification were: PLANT HEALTH INSPECTION proposed additions, the entities of the 1. If approved, the action will not SERVICE, MINNEAPOLIS, MN Federal Government identified in this result in additional reporting, Service Type/Location: Food Service notice will be required to provide the recordkeeping or other compliance Attendant, Fort McPherson, product and service listed below from requirements for small entities. Building 61, Consolidated Enlisted nonprofit agencies employing persons 2. If approved, the action may result Dining Facility, Fort McPherson, who are blind or have other severe in authorizing small entities to furnish GA. disabilities. the products to the Government. NPA: Bobby Dodd Institute, Inc., Regulatory Flexibility Act Certification 3. There are no known regulatory Atlanta, GA alternatives which would accomplish Contracting Activity: DEPT OF THE I certify that the following action will the objectives of the Javits-Wagner- ARMY, XR W40M NATL REGION not have a significant impact on a O’Day Act (41 U.S.C. 46–48c) in CONTRACT OFC, WASHINGTON, substantial number of small entities. connection with the products proposed DC The major factors considered for this for deletion from the Procurement List. Service Type/Location: Janitorial/ certification were: Mechanical Maintenance, U.S. 1. If approved, the action will not End of Certification Federal Building and Post Office, result in any additional reporting, The following products are proposed 200 East Washington Street, recordkeeping or other compliance for deletion from the Procurement List: Greenwood, MS. requirements for small entities other Products: Inkjet Cartridge. NPA: AbilityWorks, Inc. of Greenwood, than the small organizations that will Greenwood, MS provide the product and service to the NSN: 7510–01–544–0833 Contracting Activity: GSA, Public Government. NSN: 7510–01–544–0836 NSN: 7510–01–544–0832 Buildings Service/Property 2. If approved, the action will result in authorizing small entities provide the NSN: 7510–01–544–0835 Management Contracts, Atlanta, GA NSN: 7510–01–544–0837 product and service to the Government. Barry S. Lineback, NSN: 7510–01–544–0823 3. There are no known regulatory NSN: 7510–01–544–0829 Director, Business Operations. alternatives which would accomplish NSN: 7510–01–544–0827 [FR Doc. 2010–2506 Filed 2–4–10; 8:45 am] the objectives of the Javits-Wagner- NSN: 7510–01–544–0819 BILLING CODE 6353–01–P O’Day Act (41 U.S.C. 46–48c) in NSN: 7510–01–544–0830

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NSN: 7510–01–544–0820 NY FOR FURTHER INFORMATION CONTACT: Ms. NSN: 7510–01–544–0826 Barry S. Lineback, B. English, DSCA/DBO/CFM, (703) 601– NSN: 7510–01–544–0825 3740. NSN: 7510–01–544–0831 Director, Business Operations. NSN: 7510–01–544–0839 [FR Doc. 2010–2507 Filed 2–4–10; 8:45 am] SUPPLEMENTARY INFORMATION: The NSN: 7510–01–539–9836 BILLING CODE 6353–01–P following are copies of letters to the NSN: 7510–01–539–9837 Speaker of the House of Representatives, NSN: 7510–01–539–9842 Transmittals 09–03, 09–37, 09–39, 09– NSN: 7510–01–539–9838 DEPARTMENT OF DEFENSE 57, 09–75 and 10–07 with associated NSN: 7510–01–539–9834 attachments. NSN: 7510–01–544–1733 Office of the Secretary NSN: 7510–01–544–0838 Dated: February 1, 2010. [Transmittal Nos. 09–03, 09–37, 09–39, 09– NPA: Alabama Industries for the Blind, Mitchell S. Bryman, Talladega, AL 57, 09–75 and 10–07] Contracting Activity: GSA/FSS OFC SUP Alternate OSD Federal Register Liaison CTR—PAPER PRODUCTS, NEW YORK, 36(b)(1) Arms Sales Notification Officer, Department of Defense. NY AGENCY: Defense Security Cooperation Transmittal No. 09–03 NSN: 6230–01–513–3265—Flashlight, Agency, DoD. Aluminum, 2D, Blue The following is a copy of a letter to ACTION: Notice. NSN: 6230–01–513–3268—Flashlight, the Speaker of the House of Aluminum, 2D, Red SUMMARY: Representatives, Transmittals 09–03 NSN: 6230–01–513–3279—Flashlight, The Department of Defense is Aluminum, 4D, Red publishing the unclassified text of six with attached transmittal, policy NPA: Central Association for the Blind & section 36(b)(1) arms sales notifications justification, and Sensitivity of Visually Impaired, Utica, NY to fulfill the requirements of section 155 Technology. Contracting Activity: GSA/FSS OFC SUP of Public Law 104–164 dated 21 July BILLING CODE 5001–06–P CTR—PAPER PRODUCTS, NEW YORK, 1996.

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Transmittal No. 09–37 Representatives, Transmittals 09–37 justification, and Sensitivity of Technology. The following is a copy of a letter to with attached transmittal, policy the Speaker of the House of

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Transmittal No. 09–39 Representatives, Transmittals 09–39 The following is a copy of a letter to with attached transmittal, and policy the Speaker of the House of justification.

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Transmittal No. 09–57 Representatives, Transmittals 09–57 justification, and Sensitivity of The following is a copy of a letter to with attached transmittal, policy Technology. the Speaker of the House of

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Transmittal No. 09–75 Representatives, Transmittals 09–75 justification, and Sensitivity of The following is a copy of a letter to with attached transmittal, policy Technology. the Speaker of the House of

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Transmittal No. 10–07 Representatives, Transmittals 10–07 The following is a copy of a letter to with attached transmittal, and policy the Speaker of the House of justification.

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[FR Doc. 2010–2443 Filed 2–4–10; 8:45 AM] BILLING CODE 5001–06–C

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DEPARTMENT OF DEFENSE OMB Desk Officer: Ms. Jasmeet Annual Responses: 200. Seehra. Average Burden per Response: 1.5 Office of the Secretary Written comments and hours. [Docket No. DoD–2009–OS–0173] recommendations on the proposed information collection should be sent to Annual Burden Hours: 300 hours. Submission for OMB Review; Ms. Seehra at the Office of Management Needs and Uses: The information Comment Request and Budget, Desk Officer for DoD, Room collection requirement is necessary to 10236, New Executive Office Building, obtain minimal information on which to ACTION: Notice. Washington, DC 20503. base an opinion about post-Government You may also submit comments, employment of select former and The Department of Defense has identified by docket number and title, departing Department of Defense (DoD) submitted to OMB for clearance, the by the following method: employees seeking to work for Defense following proposal for collection of • Federal eRulemaking Portal: http:// Contractors within two years after information under the provisions of the www.regulations.gov. Follow the leaving DoD. The departing or former Paperwork Reduction Act (44 U.S.C. instructions for submitting comments. DoD employee uses the form to organize Chapter 35). Instructions: All submissions received and provide employment-related DATES: Consideration will be given to all must include the agency name, docket information to an ethics official who comments received by March 8, 2010. number and title for this Federal will use the information to render an Title and OMB Number: Voice of Register document. The general policy advisory opinion to the employee Industry Survey; OMB Control Number for comments and other submissions requesting the opinion. The National 0704–TBD. from members of the public is to make Defense Authorization Act of 2008, Type of Request: New. these submissions available for public Public Law 110–181, section 847, Number of Respondents: 12,938. viewing on the Internet at http:// http://www.dod.mil/dodgc/olc/docs/ Responses per Respondent: 1. www.regulations.gov as they are pl110-181.pdf, requires that select DoD Annual Responses: 12,938. officials and former DoD officials who, Average Burden per Response: .5 received without change, including any within two years after leaving DoD, hour. personal identifiers or contact expect to receive compensation from a Annual Burden Hours: 6,469 hours. information. Needs and Uses: Executive Order DOD Clearance Officer: Ms. Patricia DoD contractor, shall, before accepting 12829, ‘‘National Industrial Security Toppings. such compensation, request a written Program (NISP)’’ Section 202(a) Written requests for copies of the opinion regarding the applicability of stipulates that the Secretary of Defense information collection proposal should post-employment restrictions to shall serve as the Executive Agent for be sent to Ms. Toppings at WHS/ESD/ activities that the official or former inspecting and monitoring the Information Management Division, 1777 official may undertake on behalf of a contractors, licensees, and grantees who North Kent Street, RPN, Suite 11000, contractor. require or will require access to or who Arlington, VA 22209–2133. Affected Public: Individuals or store or will store classified information; Dated: January 26, 2010. households; business or other-for-profit; and for determining the eligibility for Patricia L. Toppings, Federal Government. access to classified information of OSD Federal Register Liaison Officer, Frequency: On occasion. contractors, licensees, and grantees and Department of Defense. Respondent’s Obligation: Voluntary. their respective employees. The [FR Doc. 2010–2457 Filed 2–4–10; 8:45 am] OMB Desk Officer: Ms. Jasmeet Executive Agent has the authority to BILLING CODE 5001–06–P issue, after consultation with affected Seehra. agencies, standard forms or other Written comments and standardization that will promote the DEPARTMENT OF DEFENSE recommendations on the proposed implementation of the NISP. The information collection should be sent to Cognizant Security Agency (CSA), Office of the Secretary Ms. Seehra at the Office of Management designated by the NISPOM, is [Docket No. DoD–2009–OS–0156] and Budget, Desk Officer for DoD, Room responsible for determining the 10236, New Executive Office Building, frequency of Security Reviews which Submission for OMB Review; Washington, DC 20503. may be increased or decreased for Comment request You may also submit comments, sufficient reason, consistent with risk identified by docket number and title, management principles. Department of ACTION: Notice. by the following method: Defense Directive 5105.42, ‘‘Defense • Security Service,’’ dated May 13, 1999, The Department of Defense has Federal eRulemaking Portal: http:// delineates the mission, functions and submitted to OMB for clearance the www.regulations.gov. Follow the responsibilities of DSS. DSS functions following proposal for collection of instructions for submitting comments. and responsibilities include the information under the provisions of the Instructions: All submissions received administration and implementation of Paperwork Reduction Act (44 U.S.C. must include the agency name, docket the Defense portion of the NISP. This Chapter 35). number and title for this Federal survey will provide feedback on how DATES: Consideration will be given to all Register document. The general policy well DSS is doing with respect to the comments received by March 8, 2010. for comments and other submissions administration and implementation of Title and OMB Number: Post- from members of the public is to make the NISP. Participation in the survey is Government Employment Advice these submissions available for public strictly voluntary. Opinion Request; OMB Control Number viewing on the Internet at http:// Affected Public: Business or other-for- 0704–TBD. www.regulations.gov as they are profit; not-for-profit institutions. Type of Request: New. received without change, including any Frequency: Annually. Number of Respondents: 200. personal identifiers or contact Respondent’s Obligation: Voluntary. Responses per Respondent: 1. information.

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DOD Clearance Officer: Ms. Patricia number and title for this Federal Respondent’s Obligation: Required to Toppings. Register document. The general policy obtain or retain benefits. Written requests for copies of the for comments and other submissions OMB Desk Officer: Ms. Jasmeet information collection proposal should from members of the public is to make Seehra. be sent to Ms. Toppings at WHS/ESD/ these submissions available for public Written comments and Information Management Division, 1777 viewing on the Internet at http:// recommendations on the proposed North Kent Street, RPN, Suite 11000, www.regulations.gov as they are information collection should be sent to Arlington, VA 22209–2133. received without change, including any Ms. Seehra at the Office of Management Dated: January 26, 2010. personal identifiers or contact and Budget, Desk Officer for DoD, Room 10236, New Executive Office Building, Patricia L. Toppings, information. DOD Clearance Officer: Ms. Patricia Washington, DC 20503. OSD Federal Register Liaison Officer, You may also submit comments, Department of Defense. Toppings. Written requests for copies of the identified by docket number and title, [FR Doc. 2010–2456 Filed 2–4–10; 8:45 am] information collection proposal should by the following method: BILLING CODE 5001–06–P • be sent to Ms. Toppings at WHS/ESD/ Federal eRulemaking Portal: http:// Information Management Division, 1777 www.regulations.gov. Follow the instructions for submitting comments. DEPARTMENT OF DEFENSE North Kent Street, RPN, Suite 11000, Arlington, VA 22209–2133. Instructions: All submissions received must include the agency name, docket Office of the Secretary Dated: January 26, 2010. number and title for this Federal [Docket No. DOD–2009–HA–0161] Patricia L. Toppings, Register document. The general policy OSD Federal Register Liaison Officer, for comments and other submissions Submission for OMB Review; Department of Defense. from members of the public is to make Comment Request [FR Doc. 2010–2455 Filed 2–4–10; 8:45 am] these submissions available for public BILLING CODE 5001–06–P viewing on the Internet at http:// ACTION: Notice. www.regulations.gov as they are The Department of Defense has received without change, including any DEPARTMENT OF DEFENSE submitted to OMB for clearance, the personal identifiers or contact information. following proposal for collection of Office of the Secretary information under the provisions of the DOD Clearance Officer: Ms. Patricia Paperwork Reduction Act (44 U.S.C. [Docket No. DoD–2009–OS–0158] Toppings. Chapter 35). Written requests for copies of the Submission for OMB Review; information collection proposal should DATES: Consideration will be given to all Comment Request be sent to Ms. Toppings at WHS/ESD/ comments received by March 8, 2010. Information Management Division, 1777 Title and OMB Number: Application ACTION: Notice. North Kent Street, RPN, Suite 11000, for TRICARE–Provider Status: Arlington, VA 22209–2133. Corporation Services Provider; OMB The Department of Defense has Number 0720–0020. submitted to OMB for clearance, the Dated: January 26, 2010. Type of Request: Extension. following proposal for collection of Patricia L. Toppings, Number of Respondents: 200. information under the provisions of the OSD Federal Register Liaison Officer, Responses Per Respondent: 1. Paperwork Reduction Act (44 U.S.C. Department of Defense. Annual Responses: 200. Chapter 35). [FR Doc. 2010–2454 Filed 2–4–10; 8:45 am] Average Burden Per Response: 1 hour. DATES: Consideration will be given to all BILLING CODE 5001–06–P Annual Burden Hours: 200 hours. Needs and Uses: The information comments received by March 8, 2010. Title and OMB Number: Physician collection will allow eligible providers DEPARTMENT OF DEFENSE to apply for Corporate Services Provider Certificate for Child Annuitant, DD status under the TRICARE program. Form 2828, OMB License 0730–0011. Office of the Secretary Affected Public: Businesses or other Type of Request: Extension. [Docket No. DoD–2009–OS–0087] for-profit; not-for-profit institutions. Number of Respondents: 120. Frequency: On occasion. Responses per Respondent: 1. Annual Responses: 120. Submission for OMB Review; Respondent’s Obligation: Required to Comment Request obtain or retain benefits. Average Burden per Response: 2 hours. OMB Desk Officer: Mr. John Kraemer. ACTION: Notice. Written comments and Annual Burden Hours: 240 hours. recommendations on the proposed Needs and Uses: This form is required The Department of Defense has information collection should be sent to and must be on file to support an submitted to OMB for clearance, the Mr. Kraemer at the Office of incapacitation occurring prior to age 18. following proposal for collection of Management and Budget, Desk Officer The form provides the authority for the information under the provisions of the for DoD, Room 10236, New Executive Directorate of Annuity Pay, Defense Paperwork Reduction Act (44 U.S.C. Office Building, Washington, DC 20503. Finance and Accounting Service— Chapter 35). You may also submit comments, Cleveland (DFAS–CL/JFRA) to establish DATES: Consideration will be given to all identified by docket number and title, and pay a Retired Serviceman’s Family comments received by March 8, 2010. by the following method: Protection Plan (RSFPP) or Survivor Title and OMB Number: Qualification • Federal eRulemaking Portal: http:// Benefit Plan (SBP) annuity to the to Possess Firearms or Ammunition; www.regulations.gov. Follow the incapacitated individual. OMB Control Number 0704–0461. instructions for submitting comments. Affected Public: Individuals or Type of Request: Extension. Instructions: All submissions received households. Number of Respondents: 125 must include the agency name, docket Frequency: On occasion. companies.

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Responses per Respondent: 5 to 2,500 DEPARTMENT OF DEFENSE You may also submit comments, employees (average 120). identified by docket number and title, Annual Responses: 15,000. Office of the Secretary by the following method: • Federal eRulemaking Portal: http:// Average Burden per Response: 15 [Docket No. DoD–2009–OS–0088] minutes. www.regulations.gov. Follow the Annual Burden Hours: 3,750 hours Submission for OMB Review; instructions for submitting comments. (15,000 employees × .25 hrs). Comment Request Instructions: All submissions received must include the agency name, docket Needs and Uses: In accordance with number and title for this Federal DoD Instruction 3020.50, ‘‘Private ACTION: Notice. Register document. The general policy Security Contractors Operating in The Department of Defense has for comments and other submissions Contingency Operations’’ written submitted to OMB for clearance, the from members of the public is to make acknowledgement by the contract following proposal for collection of these submissions available for public company and its individual Private information under the provisions of the viewing on the Internet at http:// Security Contractor (PSC) personnel, Paperwork Reduction Act (44 U.S.C. www.regulations.gov as they are after investigation of background of PSC Chapter 35). received without change, including any personnel by the contractor, shall be personal identifiers or contact provided verifying such personnel are DATES: Consideration will be given to all information. not prohibited under 922(g) of title 18, comments received by March 8, 2010. DOD Clearance Officer: Ms. Patricia United States Code to possess firearms Title and OMB Number: Toppings. or ammunition. Synchronized Predeployment and Operational Tracker (SPOT) System; Written requests for copies of the Affected Public: Business or other for- information collection proposal should profit. OMB Control Number 0704–0460. Type of Request: Extension. be sent to Ms. Toppings at WHS/ESD/ Frequency: On occasion. Number of Respondents: 1,300 Information Management Division, 1777 Respondent’s Obligation: Required to companies. North Kent Street, RPN, Suite 11000, obtain or retain benefits. Responses per Respondent: 1 to Arlington, VA 22209–2133. OMB Desk Officer: Ms. Jasmeet 32,000 employees (average 231). Dated: January 26, 2010. Seehra. Annual Responses: 300,000. Patricia L. Toppings, Written comments and Average Burden per Response: 30 OSD Federal Register Liaison Officer, recommendations on the proposed minutes. Department of Defense. information collection should be sent to Annual Burden Hours: 150,000 hours [FR Doc. 2010–2452 Filed 2–4–10; 8:45 am] Ms. Seehra at the Office of Management × (300,000 individual records .5 hrs). BILLING CODE 5001–06–P and Budget, Desk Officer for DoD, Room Needs and Uses: In accordance with 10236, New Executive Office Building, section 861 of Public Law 110–181 and Washington, DC 20503. DoD Instruction 3020.41, ‘‘Contractor DEPARTMENT OF DEFENSE You may also submit comments, Personnel Authorized to Accompany identified by docket number and title, the U.S. Armed Forces’’ and other Office of the Secretary by the following method: appropriate policy, Memoranda of [Docket No. DOD–2010–DARS–0011] • Federal eRulemaking Portal: http:// Understanding, and regulations, the www.regulations.gov. Follow the DoD Components, the Department of Submission for OMB Review; instructions for submitting comments. State (DoS), and the United States Comment Request Instructions: All submissions received Agency for International Development must include the agency name, docket (USAID) shall ensure that contractors ACTION: Notice. number and title for this Federal enter data into the Synchronized Register document. The general policy Predeployment and Operational Tracker The Department of Defense has for comments and other submissions (SPOT) System before deployment submitted to OMB for clearance, the from members of the public is to make outside the United States. following proposal for collection of these submissions available for public Data collection on contractors is a information under the provisions of the viewing on the Internet at http:// condition of their contract when DFARS Paperwork Reduction Act (44 U.S.C. www.regulations.gov as they are 252.225–7040 is incorporated and Chapter 35). received without change, including any persons who choose not to have data DATES: Consideration will be given to all personal identifiers or contact collected will not be entitled to comments received by March 8, 2010. information. employment opportunities which Title, Associated Forms and OMB DoD Clearance Officer: Ms. Patricia require this data to be collected. Number: Defense Federal Acquisition Toppings. Affected Public: Business or other for- Regulation Supplement (DFARS) Part Written requests for copies of the profit. 242, Contract Administration and Audit information collection proposal should Frequency: On occasion. Services, and related clauses in DFARS be sent to Ms. Toppings at WHS/ESD/ Respondent’s Obligation: Required to Part 252; DD Form 1659, Application for Information Management Division, 1777 obtain or retain benefits. U.S. Government Shipping North Kent Street, RPN, Suite 11000, OMB Desk Officer: Ms. Jasmeet Documentation/Instructions; OMB Arlington, VA 22209–2133. Seehra. Control Number 0704–0250. Written comments and Type of Request: Extension. Dated: January 26, 2010. recommendations on the proposed Number of Respondents: 15,049. Patricia L. Toppings, information collection should be sent to Responses per Respondent: 7.037. OSD Federal Register Liaison Officer, Ms. Seehra at the Office of Management Annual Responses: 105,898. Department of Defense. and Budget, Desk Officer for DoD, Room Average Burden per Response: 2.6059 [FR Doc. 2010–2453 Filed 2–4–10; 8:45 am] 10236, New Executive Office Building, hours. BILLING CODE 5001–06–P Washington, DC 20503. Annual Burden Hours: 275,960 hours.

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Needs and Uses: DoD needs this Dated: January 26, 2010. • Federal eRulemaking Portal: http:// information to perform contract Patricia L. Toppings, www.regulations.gov. Follow the administration functions. DoD uses the OSD Federal Register Liaison Officer, instructions for submitting comments. information as follows: Department of Defense. Instructions: All submissions received a. Contract administration offices use [FR Doc. 2010–2451 Filed 2–4–10; 8:45 am] must include the agency name, docket the information required by DFARS BILLING CODE 5001–06–P number and title for this Federal Subpart 242.11 to determine contractor Register document. The general policy progress and to identify any factors that for comments and other submissions may delay contract performance. DEPARTMENT OF DEFENSE from members of the public is to make b. Administrative contracting officers these submissions available for public Office of the Secretary use the information required by DFARS viewing on the Internet at http:// www.regulations.gov as they are Subpart 242.73 to determine the [Docket No. DoD–2009–OS–0120] allowability of insurance/pension costs received without change, including any personal identifiers or contact under Government contracts. Submission for OMB Review; information. Comment Request c. Contract administration offices and DOD Clearance Officer: Ms. Patricia transportation officers use the ACTION: Notice. Toppings. information required by DFARS Written requests for copies of the 252.242–7003, and submitted on DD The Department of Defense has information collection proposal should Form 1659, in providing Government submitted to OMB for clearance, the be sent to Ms. Toppings at WHS/ESD/ bills of lading to contractors. following proposal for collection of Information Management Division, 1777 d. Contracting officers use the information under the provisions of the North Kent Street, RPN, Suite 11000, information required by DFARS Paperwork Reduction Act (44 U.S.C. Arlington, VA 22209–2133. 252.242–7004 to determine if contractor Chapter 35). material management and accounting Dated: January 26, 2010. DATES: systems conform to established DoD Consideration will be given to all Patricia L. Toppings, standards. comments received by March 8, 2010. OSD Federal Register Liaison Officer, Title and OMB Number: Acquisition Department of Defense. Affected Public: Business or other for- Management Systems and Data profit; not-for-profit institutions. [FR Doc. 2010–2447 Filed 2–4–10; 8:45 am] Requirements Control List (AMSDL); BILLING CODE 5001–06–P Frequency: On occasion. Numerous Forms; OMB Control Number Respondent’s Obligation: Required to 0704–0188. obtain or retain benefits. Type of Request: Extension. DEPARTMENT OF DEFENSE OMB Desk Officer: Ms. Jasmeet Number of Respondents: 921. Seehra. Responses per Respondent: 432. Office of the Secretary Written comments and Annual Responses: 397,872. [Docket ID: DOD–2010–OS–0009] recommendations on the proposed Average Burden per Response: 66 information collection should be sent to hours. Privacy Act of 1974; Systems of Ms. Seehra at the Office of Management Annual Burden Hours: 26,259,552 Records and Budget, Desk Officer for DoD, Room hours. AGENCY: Defense Logistics Agency, DoD. 10236, New Executive Office Building, Needs and Uses: The Acquisition Washington, DC 20503. Management Systems and Data ACTION: Notice to alter a system of records. You may also submit comments, Requirements Control List (AMSDL) is a list of data requirements used in identified by docket number and title, SUMMARY: Department of Defense (DoD) contracts. The Defense Logistics Agency by the following method: proposes to alter a system of records • The information collected will be used Federal eRulemaking Portal: http:// by DoD personnel and other DoD notice in its existing inventory of www.regulations.gov. Follow the contractors to support the design, test, records systems subject to the Privacy instructions for submitting comments. manufacture, training, operation, and Act of 1974 (5 U.S.C. 552a), as amended. Instructions: All submissions received maintenance of procured items, DATES: This proposed action will be must include the agency name, docket including weapons systems critical to effective without further notice on number and title for this Federal the national defense. March 8, 2010, unless comments are Register document. The general policy Affected Public: Business or other for- received which result in a contrary for comments and other submissions profit; not-for-profit institutions. determination. from members of the public is to make Frequency: On occasion. ADDRESSES: You may submit comments, these submissions available for public Respondent’s Obligation: Required to identified by docket number and title, viewing on the Internet at http:// obtain or retain benefits. by any of the following methods: www.regulations.gov as they are OMB Desk Officer: Ms. Jasmeet * Federal Rulemaking Portal: http:// received without change, including any Seehra. www.regulations.gov. Follow the personal identifiers or contact Written comments and instructions for submitting comments. information. recommendations on the proposed * Mail: Federal Docket Management DOD Clearance Officer: Ms. Patricia information collection should be sent to System Office, 1160 Defense Pentagon, Toppings. Ms. Seehra at the Office of Management Washington, DC 20301–1160. Written requests for copies of the and Budget, Desk Officer for DoD, Room Instructions: All submissions received information collection proposal should 10236, New Executive Office Building, must include the agency name and be sent to Ms. Toppings at WHS/ESD/ Washington, DC 20503. docket number for this Federal Register Information Management Division, 1777 You may also submit comments, document. The general policy for North Kent Street, RPN, Suite 11000, identified by docket number and title, comments and other submissions from Arlington, VA 22209–2133. by the following method: members of the public is to make these

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submissions available for public professional providing treatment; or modification of the data. viewing on the Internet at http:// company providing medical treatment; Administrative, physical and technical www.regulations.gov as they are and the address of the medical safeguards employed by the DLA, Safety received without change, including any providers. Information is collected on and Occupational Health Division are personal identifiers or contact DLA Form 1591, Supervisory Mishap commensurate with the sensitivity of information. Report.’’ personal data to ensure preservation of integrity and to preclude unauthorized FOR FURTHER INFORMATION CONTACT: Ms. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Jody Sinkler at (703) 767–5045. use/disclosure. Access is limited to Delete entry and replace with ‘‘10 those individuals who require the SUPPLEMENTARY INFORMATION: The U.S.C. 136, Under Secretary of Defense records in performance of their official Defense Logistics Agency systems of for Personnel and Readiness; 29 U.S.C. records notices subject to the Privacy duties. These authorized personnel 651 et seq., The Occupational Safety receive initial and Annual IA Training Act of 1974 (5 U.S.C. 552a), as amended, and Health Act of 1970 (OSHA); E.O. have been published in the Federal in the operation of security policies. 12196, Occupational Safety and Health Individuals requiring access to sensitive Register and are available from the Programs for Federal Employees; 29 address above. information are processed for access CFR part 1960, Subpart I, authorization in accordance with DoD The proposed system reports, as Recordkeeping and Reporting required by 5 U.S.C. 552a(r) of the personnel security policy. Access is Requirements for Federal Occupational further restricted by the use of a Privacy Act of 1974 as amended, were Safety and Health Programs; DoD submitted on January 29, 2010, to the Common Access Card (CAC). Physical Instruction 6055.1, DoD Safety and entry is restricted by the use of locks, House Committee on Oversight and Occupational Health (SOH) Program; Government Reform, the Senate guards, and administrative procedures.’’ DoD Instruction 6055.7, Mishap * * * * * Committee on Homeland Security and Notification, Investigation, Reporting, Governmental Affairs, and the Office of and Recordkeeping; and E.O. 9397 SYSTEM MANAGER(S) AND ADDRESS: Management and Budget (OMB) (SSN), as amended.’’ pursuant to paragraph 4c of Appendix I Delete entry and replace with ‘‘Director, Occupational Safety and to OMB Circular No. A–130, ‘‘Federal PURPOSE(S): Agency Responsibilities for Maintaining Health Office, Headquarters, Defense Delete entry and replace with Logistics Agency, ATTN: DES, 8725 Records About Individuals,’’ dated ‘‘Information is collected to comply with February 8, 1996 (February 20, 1996; 61 John J. Kingman Road, Stop 6220, Fort regulatory reporting requirements. Belvoir, VA 22060–6221.’’ FR 6427). Details about the accident site will be Dated: February 1, 2010. used to identify and correct known or NOTIFICATION PROCEDURE: Mitchell S. Bryman, potential hazards and to formulate Delete entry and replace with Alternate OSD Federal Register Liaison improved accident prevention ‘‘Individuals seeking to determine Officer, Department of Defense. programs. The data, with all personal whether information about themselves identifiers removed, may be used to is contained in this system of records S600.30 prepare statistical reports.’’ should address written inquiries to the Privacy Act Office, Headquarters, SYSTEM NAME: ROUTINE USES OF RECORDS MAINTAINED IN THE Safety, Health, Injury, and Accident SYSTEM, INCLUDING CATEGORIES OF USERS AND Defense Logistics Agency, ATTN: DGA, Records (November 9, 2006; 71 FR THE PURPOSES OF SUCH USES: 8725 John J. Kingman Road, Suite 1644, Fort Belvoir, VA 22060–6221. 65781). ‘‘In addition to those disclosures Inquiry should contain the generally permitted under 5 U.S.C. CHANGES: individual’s full name, Social Security 552a(b) of the Privacy Act of 1974, these * * * * * Number (SSN), or safety, health, injury, records contained therein may and accident records case number (if SYSTEM LOCATION: specifically be disclosed outside the known).’’ Delete entry and replace with DoD as a routine use pursuant to 5 ‘‘Occupational Safety and Health Office, U.S.C. 552a(b)(3) as follows: RECORD ACCESS PROCEDURES: Headquarters, Defense Logistics Agency, Information from safety, health, Delete entry and replace with ATTN: DES, 8725 John J. Kingman injury, and accident records may be ‘‘Individuals seeking access to Road, Stop 6220, Fort Belvoir, VA disclosed to the Department of Labor information about themselves contained 22060–6221, and the DLA Primary Level and Occupational Safety and Health in this system of records should address Field Activity Safety and Health Offices. Administration (OSHA), to comply with written inquiries to the Privacy Act Official mailing addresses are published requirements of 29 CFR part 1960. Office, Headquarters, Defense Logistics as an appendix to DLA’s compilation of The DoD ‘‘Blanket Routine Uses’’ also Agency, ATTN: DGA, 8725 John J. systems of records notices.’’ apply to this system of records.’’ Kingman Road, Suite 1644, Fort Belvoir, * * * * * * * * * * VA 22060–6221. Inquiry should contain the SAFEGUARDS: CATEGORIES OF RECORDS IN THE SYSTEM: individual’s full name, Social Security Delete entry and replace with Delete entry and replace with ‘‘The Number (SSN), or safety, health, injury, ‘‘Employee’s name; Social Security security risks associated with and accident records case number (if Number (SSN) or foreign national maintaining data in an electronic known).’’ number; title; grade; career group; environment have been mitigated gender; date of birth; home address; through administrative, technical and CONTESTING RECORD PROCEDURES: place of employment; photographs; physical safeguards described in this Delete entry and replace with ‘‘The safety, health, injury, and accident document. The safeguards in place are DLA rules for accessing records, for record case number; proposed or actual commensurate with the risk and contesting contents, and appealing corrective action; where appropriate; the magnitude of harm resulting from the initial agency determinations are name of physician/health care loss, misuse, or unauthorized access to contained in 32 CFR part 323, or may

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be obtained from the Privacy Act Office, Occupational Health (SOH) Program; the operation of Security policies. Headquarters, Defense Logistics Agency, DoD Instruction 6055.7, Mishap Individuals requiring access to sensitive ATTN: DGA, 8725 John J. Kingman Notification, Investigation, Reporting, information are processed for access Road, Suite 1644, Fort Belvoir, VA and Recordkeeping and E.O. 9397 authorization in accordance with DoD 22060–6221.’’ (SSN), as amended. personnel security policy. Access is further restricted by the use of a RECORD SOURCE CATEGORIES: PURPOSE(S): Common Access Card (CAC). Physical Delete entry and replace with ‘‘Record Information is collected to comply entry is restricted by the use of locks, subject, supervisors, medical units, with regulatory reporting requirements. guards, and administrative procedures. security offices, police, fire Details about the accident site will be departments, investigating officers, used to identify and correct known or RETENTION AND DISPOSAL: witnesses to accident, or Defense potential hazards and to formulate Cases involving reportable mishaps Civilian Personnel Data System improved accident prevention are destroyed five years after case is (DCPDS).’’ programs. The data, with all personal closed. Cases involving non-reportable * * * * * identifiers removed, may be used to mishaps are destroyed three years after prepare statistical reports. case is closed. Documentation of fire S600.30 department activities and actions ROUTINE USES OF RECORDS MAINTAINED IN THE pertaining to fire/emergency calls are SYSTEM NAME: SYSTEM, INCLUDING CATEGORIES OF USERS AND destroyed after 7 years. Safety, Health, Injury, and Accident THE PURPOSES OF SUCH USES: Records. In addition to those disclosures SYSTEM MANAGER(S) AND ADDRESS: generally permitted under 5 U.S.C. Director, Occupational Safety and SYSTEM LOCATION: 552a(b) of the Privacy Act of 1974, these Health Office, Headquarters, Defense Occupational Safety and Health records contained therein may Logistics Agency, ATTN: DES, 8725 Office, Headquarters, Defense Logistics specifically be disclosed outside the John J. Kingman Road, Stop 6220, Fort Agency, ATTN: DES, 8725 John J. DoD as a routine use pursuant to 5 Belvoir, VA 22060–6221. Kingman Road, Stop 6220, Fort Belvoir, U.S.C. 552a(b)(3) as follows: NOTIFICATION PROCEDURE: VA 22060–6221, and the DLA Primary Information from safety, health, Level Field Activity Safety and Health injury, and accident records may be Individuals seeking to determine Offices. Official mailing addresses are disclosed to the Department of Labor whether information about themselves published as an appendix to DLA’s and Occupational Safety and Health is contained in this system of records compilation of systems of records Administration (OSHA), to comply with should address written inquiries to the notices. requirements of 29 CFR part 1960. Privacy Act Office, Headquarters, The DoD ‘‘Blanket Routine Uses’’ also Defense Logistics Agency, ATTN: DGA, CATEGORIES OF INDIVIDUALS COVERED BY THE apply to this system of records. 8725 John J. Kingman Road, Suite 1644, SYSTEM: Fort Belvoir, VA 22060–6221. All individuals who suffer accidents, POLICIES AND PRACTICES FOR STORING, Inquiry should contain the become injured or ill, or otherwise RETRIEVING, ACCESSING, RETAINING, AND individual’s full name, Social Security require emergency rescue or medical DISPOSING OF RECORDS IN THE SYSTEM: Number (SSN), or safety, health, injury, assistance while on DLA facilities. STORAGE: and accident records case number (if Records may be stored on paper known). CATEGORIES OF RECORDS IN THE SYSTEM: and/or on electronic storage media. Employee’s name; Social Security RECORD ACCESS PROCEDURES: Number (SSN) or foreign national RETRIEVABILITY: Individuals seeking access to number; title; grade; career group; Retrieved by name, Social Security information about themselves contained gender; date of birth; home address; Number (SSN), or safety, health, injury, in this system of records should address place of employment; photographs; and accident records case number. written inquiries to the Privacy Act safety, health, injury, and accident Office, Headquarters, Defense Logistics record case number; proposed or actual SAFEGUARDS: Agency, ATTN: DGA, 8725 John J. corrective action; where appropriate; the The security risks associated with Kingman Road, Suite 1644, Fort Belvoir, name of physician/health care maintaining data in an electronic VA 22060–6221. professional providing treatment; environment have been mitigated Inquiry should contain the company providing medical treatment; through administrative, technical and individual’s full name, Social Security and the address of the medical physical safeguards described in this Number (SSN), or safety, health, injury, providers. Information is collected on document. The safeguards in place are and accident records case number (if DLA Form 1591, Supervisory Mishap commensurate with the risk and known). Report. magnitude of harm resulting from the CONTESTING RECORD PROCEDURES: loss, misuse, or unauthorized access to AUTHORITY FOR MAINTENANCE OF THE SYSTEM: The DLA rules for accessing records, or modification of the data. for contesting contents, and appealing 10 U.S.C. 136, Under Secretary of Administrative, physical and technical initial agency determinations are Defense for Personnel and Readiness; 29 safeguards employed by the DLA, Safety contained in 32 CFR part 323, or may U.S.C. 651 et seq., The Occupational and Occupational Health Division are be obtained from the Privacy Act Office, Safety and Health Act of 1970 (OSHA); commensurate with the sensitivity of Headquarters, Defense Logistics Agency, E.O. 12196, Occupational Safety and personal data to ensure preservation of ATTN: DGA, 8725 John J. Kingman Health Programs for Federal Employees; integrity and to preclude unauthorized Road, Suite 1644, Fort Belvoir, VA 29 CFR part 1960, subpart I, use/disclosure. Access is limited to 22060–6221. Recordkeeping and Reporting those individuals who require the Requirements for Federal Occupational records in performance of their official RECORD SOURCE CATEGORIES: Safety and Health Programs; DoD duties. These authorized personnel Record subject, supervisors, medical Instruction 6055.1, DoD Safety and receive initial and Annual IA training in units, security offices, police, fire

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departments, investigating officers, Act of 1974 (5 U.S.C. 552a), as amended. personal identifiers or contact witnesses to accident, or Defense The proposed deletion is not within the information. Civilian Personnel Data System purview of subsection (r) of the Privacy (DCPDS). Act of 1974, (5 U.S.C. 552a), as FOR FURTHER INFORMATION CONTACT: Ms. amended, which requires the Anne Hill at (301) 688–6527. EXEMPTIONS CLAIMED FOR THE SYSTEM: submission of a new or altered system SUPPLEMENTARY INFORMATION: The None. report. [FR Doc. 2010–2441 Filed 2–4–10; 8:45 am] National Security Agency’s systems of Dated: February 1, 2010. notices subject to the Privacy Act of BILLING CODE 5001–06–P Mitchell S. Bryman, 1974 (5 U.S.C. 552a), as amended, have Alternate OSD Federal Register Liaison been published in the Federal Register DEPARTMENT OF DEFENSE Officer, Department of Defense. and are available from the address above. S200.50 CAH Office of the Secretary The proposed system reports, as [Docket ID: DOD–2010–OS–0012] SYSTEM NAME: required by 5 U.S.C. 552a(r), of the Individual Weight Management File Privacy Act of 1974, as amended, were Privacy Act of 1974; Systems of (July 14, 1999; 64 FR 37941). submitted on January 29, 2010, to the Records House Committee on Oversight and REASON: Government Reform, the Senate AGENCY: Defense Logistics Agency, DoD. Defense Logistics Agency no longer Committee on Homeland Security and ACTION: Notice to delete a system of maintains this system of records. Governmental Affairs, and the Office of records. Existing records are returned to the Management and Budget (OMB) military member. pursuant to paragraph 4c of Appendix I SUMMARY: The Defense Logistics Agency to OMB Circular No. A–130, ‘‘Federal proposes to delete a system of records [FR Doc. 2010–2445 Filed 2–4–10; 8:45 am] Agency Responsibilities for Maintaining notice in its existing inventory of BILLING CODE 5001–06–P Records About Individuals,’’ dated records systems subject to the Privacy February 8, 1996 (February 20, 1996; 61 Act of 1974, (5 U.S.C. 552a), as DEPARTMENT OF DEFENSE FR 6427). amended. Dated: February 1, 2010. DATES: This proposed action will be Office of the Secretary Mitchell S. Bryman, effective without further notice on [Docket ID: DOD–2010–OS–0010] March 8, 2010 unless comments are Alternate OSD Federal Register Liaison received which result in a contrary Privacy Act of 1974; Systems of Officer, Department of Defense. determination. Records GNSA 15 ADDRESSES: You may submit comments, AGENCY: National Security Agency/ SYSTEM NAME: identified by dock number and title, by Central Security Service, DoD. any of the following methods: ACTION: NSA/CSS Computer Users Control * Federal Rulemaking Portal: http:// Notice to alter a system of records. System (February 22, 1993; 58 FR www.regulations.gov. Follow the 10531). instructions for submitting comments. SUMMARY: The National Security Agency * Mail: Federal Docket Management (NSA) is proposing to alter a system of CHANGES: System Office, 1160 Defense Pentagon, records notice in its inventory of record * * * * * Washington, DC 20301–1160. systems subject to the Privacy Act of Instructions: All submissions received 1974, (5 U.S.C. 552a), as amended. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: must include the agency name and DATES: This proposed action will be docket number for this Federal Register effective without further notice on Delete entry and replace with document. The general policy for March 8, 2010, unless comments are ‘‘Subchapter III of the Federal comments and other submissions from received which would result in a Information Security Management Act members of the public is to make these contrary determination. of 2002 (Title III of Pub. L. 107–347); submissions available for public Subtitle III of 40 U.S.C., Information ADDRESSES: viewing on the Internet at http:// You may submit comments, Technology Management; 10 U.S.C. www.regulations.gov as they are identified by docket number and title, 2224, Defense Information Assurance received without change, including any by any of the following methods. Program; E.O. 12333, as amended, • Federal eRulemaking Portal: http:// personal identifiers or contact United States Intelligence Activities; www.regulations.gov. Follow the information. Department of Defense Directive 8500.1, instructions for submitting comments. Information Assurance; Department of FOR FURTHER INFORMATION CONTACT: Jody • Mail: Federal Docket Management Defense Instruction 8500.2, Information Sinkler at (703) 767–5045. System Office, 1160 Defense Pentagon, Assurance Implementation and E.O. SUPPLEMENTARY INFORMATION: The Washington, DC 20301–1160. 9397 (SSN), as amended’’. Defense Logistics Agency systems of Instructions: All submissions received records notices subject to the Privacy must include the agency name and PURPOSE(S): Act of 1974, (5 U.S.C. 552a), as docket number for this Federal Register amended, have been published in the document. The general policy for Delete entry and replace with ‘‘To Federal Register and are available from comments and other submissions from administer, monitor, and track the use the contact under FOR FURTHER members of the public is to make these and access of NSA/CSS networks, INFORMATION CONTACT. submissions available for public computers, software, and databases. The The Agency proposes to delete a viewing on the Internet at http:// records may also be used to identify the system of records notice in its inventory www.regulations.gov as they are occurrence of and assist in the of record systems subject to the Privacy received without change, including any prevention of computer misuse’’.

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ROUTINE USES OF RECORDS MAINTAINED IN THE Written inquiries should contain the PURPOSE(S): SYSTEM, INCLUDING CATEGORIES OF USERS AND individual’s full name, Social Security To administer, monitor, and track the THE PURPOSES OF SUCH USES: Number (SSN) and mailing address.’’ use and access of NSA/CSS networks, Delete entry and replace with ‘‘In computers, software, and databases. The RECORD ACCESS PROCEDURES: addition to those disclosures generally records may also be used to identify the permitted under 5 U.S.C. 552a(b) of the Delete entry and replace with occurrence of and assist in the ‘‘ Privacy Act of 1974, these records Individuals seeking access to prevention of computer misuse. contained therein may specifically be information about themselves contained disclosed outside the DoD as a routine in this system should address written ROUTINE USES OF RECORDS MAINTAINED IN THE use pursuant to 5 U.S.C. 552a(b)(3) as inquiries to the National Security SYSTEM, INCLUDING CATEGORIES OF USERS AND follows: Agency/Central Security Service, THE PURPOSES OF SUCH USES: To appropriate governmental agencies Freedom of Information Act/Privacy Act In addition to those disclosures and the judicial branch where litigation Office, 9800 Savage Road, Ft. George G. generally permitted under 5 U.S.C. or anticipated civil or criminal litigation Meade, MD 20755–6000. 552a(b) of the Privacy Act of 1974, these is involved or where sensitive national Written inquiries should contain the records contained therein may security investigations related to individual’s full name, Social Security specifically be disclosed outside the protection of intelligence sources and Number (SSN) and mailing address.’’ DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: methods are involved. CONTESTING RECORD PROCEDURES: The ‘‘DoD Blanket Routine Uses’’ set To appropriate governmental agencies Delete entry and replace with ‘‘The forth at the beginning of the NSA/CSS’ and the judicial branch where litigation NSA/CSS rules for contesting contents compilation of systems of records or anticipated civil or criminal litigation and appealing initial determinations are notices apply to this system.’’ is involved or where sensitive national published at 32 CFR part 322 or may be security investigations related to STORAGE: obtained by written request addressed to protection of intelligence sources and Delete entry and replace with ‘‘Paper the National Security Agency/Central methods are involved. in file folders and electronic storage Security Service, Freedom of The ‘‘DoD Blanket Routine Uses’’ set media’’. Information Act/Privacy Act Office, forth at the beginning of the NSA/CSS’ * * * * * 9800 Savage Road, Ft. George G. Meade, compilation of systems of records MD 20755–6000.’’ notices apply to this system. SAFEGUARDS: * * * * * Delete entry and replace with POLICIES AND PRACTICES FOR STORING, ‘‘Buildings are secured by a series of GNSA 15 RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: guarded pedestrian gates and SYSTEM NAME: STORAGE: checkpoints. Access to facilities is NSA/CSS Computer Users Control limited to security-cleared personnel System. Paper in file folders and electronic and escorted visitors only. Within the storage media. facilities themselves, access to paper SYSTEM LOCATION: and computer printouts are controlled National Security Agency/Central RETRIEVABILITY: by limited-access facilities and lockable Security Service, Ft. George G. Meade, Records are retrieved by the user’s containers. Access to electronic means MD 20755–6000. name, Social Security Number, or is controlled by computer password assigned identification (I.D.) code. protection.’’ CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: SAFEGUARDS: RETENTION AND DISPOSAL: Users of National Security Agency/ Buildings are secured by a series of Delete entry and replace with ‘‘Delete/ Central Security Service computers and guarded pedestrian gates and destroy when agency determines they software. checkpoints. Access to facilities is are no longer needed for administrative, limited to security-cleared personnel CATEGORIES OF RECORDS IN THE SYSTEM: legal, audit, or other operational and escorted visitors only. Within the purposes. The user’s name, Social Security facilities themselves, access to paper Records are destroyed by pulping, Number, an assigned identification (I.D.) and computer printouts are controlled burning, shredding, or erasure or code, organization, work phone number, by limited-access facilities and lockable destruction of electronic media.’’ terminal identification, system name, containers. Access to electronic means programs accessed or attempted to is controlled by computer password SYSTEM MANAGER(S) AND ADDRESS: access, data files used and date and time protection. Delete entry and replace with ‘‘Deputy logged onto and off the system. Director, Enterprise Information RETENTION AND DISPOSAL: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Technology Services, National Security Delete/destroy when agency Agency/Central Security Service, Ft. Subchapter III of the Federal determines they are no longer needed George G. Meade, MD 20755–6000.’’ Information Security Management Act for administrative, legal, audit, or other of 2002 (Title III of Pub. L. 107–347); operational purposes. NOTIFICATION PROCEDURE: Subtitle III of 40 U.S.C., Information Records are destroyed by pulping, Delete entry and replace with Technology Management; 10 U.S.C. burning, shredding, or erasure or ‘‘Individuals seeking to determine 2224, Defense Information Assurance destruction of electronic media. whether information about themselves Program; E.O. 12333, as amended, is contained in this system should United States Intelligence Activities; SYSTEM MANAGER(S) AND ADDRESS: address written inquiries to the National Department of Defense Directive 8500.1, Deputy Director, Enterprise Security Agency/Central Security Information Assurance; Department of Information Technology Services, Service, Freedom of Information Act/ Defense Instruction 8500.2, Information National Security Agency/Central Privacy Act Office, 9800 Savage Road, Assurance Implementation and E.O. Security Service, Ft. George G. Meade, Ft. George G. Meade, MD 20755–6000. 9397 (SSN), as amended. MD 20755–6000.

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NOTIFICATION PROCEDURE: additional information contact the number and title for this Federal Individuals seeking to determine system manager. Register document. The general policy whether information about themselves [FR Doc. 2010–2442 Filed 2–4–10; 8:45 am] for comments and other submissions is contained in this system should BILLING CODE 5001–06–P from members of the public is to make address written inquiries to the National these submissions available for public Security Agency/Central Security viewing on the Internet at http:// Service, Freedom of Information Act/ DEPARTMENT OF DEFENSE www.regulations.gov as they are Privacy Act Office, 9800 Savage Road, received without change, including any Ft. George G. Meade, MD 20755–6000. Department of the Air Force personal identifiers or contact Written inquiries should contain the [Docket ID USAF–2009–0060] information. DOD Clearance Officer: Ms. Patricia individual’s full name, Social Security Toppings. Number (SSN) and mailing address. Submission for OMB Review; Comment Request Written requests for copies of the RECORD ACCESS PROCEDURES: information collection proposal should ACTION: Notice. be sent to Ms. Toppings at WHS/ESD/ Individuals seeking access to Information Management Division, 1777 information about themselves contained The Department of Defense has North Kent Street, RPN, Suite 11000, in this system should address written submitted to OMB for clearance, the Arlington, VA 22209–2133. inquiries to the National Security following proposal for collection of Agency/Central Security Service, information under the provisions of the Dated: January 26, 2010. Freedom of Information Act/Privacy Act Paperwork Reduction Act (44 U.S.C. Patricia L. Toppings, Office, 9800 Savage Road, Ft. George G. Chapter 35). OSD Federal Register Liaison Officer, Meade, MD 20755–6000. DATES: Consideration will be given to all Department of Defense. Written inquiries should contain the comments received by March 8, 2010. [FR Doc. 2010–2448 Filed 2–4–10; 8:45 am] individual’s full name, Social Security Title, Form, and OMB Number: USAF BILLING CODE 5001–06–P Number (SSN) and mailing address. Heritage Program Volunteer Application/Registration, AF IMT 3569, CONTESTING RECORD PROCEDURES: V1; OMB Control Number 0701–0127. DEPARTMENT OF DEFENSE The NSA/CSS rules for contesting Type of Request: Extension. Number of Respondents: 198. Department of the Army contents and appealing initial Responses per Respondent: 1. [Docket ID: USA–2009–0032] determinations are published at 32 CFR Annual Responses: 198. part 322 or may be obtained by written Average Burden per Response: 15 Submission for OMB Review; request addressed to the National minutes. Comment Request Security Agency/Central Security Annual Burden Hours: 49.5. Service, Freedom of Information Act/ Needs and Uses: The information ACTION: Notice. Privacy Act Office, 9800 Savage Road, collection requirement is necessary to Ft. George G. Meade, MD 20755–6000. provide (a) the general public an The Department of Defense has instrument to interface with the USAF submitted to OMB for clearance, the RECORD SOURCE CATEGORIES: Heritage Program Volunteer Program; (b) following proposal for collection of Contents of the record are obtained the USAF Heritage Program the means information under the provisions of the from the individual about whom the with which to select respondents Paperwork Reduction Act (44 U.S.C. record pertains, from administrative pursuant to the USAF Heritage Program Chapter 35). personnel and computer system Volunteer Program. The primary use of DATES: Consideration will be given to all administrators, and a self-generated the information collection includes the comments received by March 8, 2010. computer program. evaluation and placement of Title, Form, and OMB Number: respondents within the USAF Heritage Application and Agreement for EXEMPTIONS CLAIMED FOR THE SYSTEM: Program Volunteer Program. Establishment of a National Defense Portions of this file may be exempt Affected Public: Individuals or Cadet Corps Unit, DA Form 3126–1, pursuant to 5 U.S.C. 552a(k)(2), as households. OMB Control Number 0702–0110. applicable. Frequency: On occasion. Type of Request: Extension. Respondent’s Obligation: Required to Number of Respondents: 35. Investigative material compiled for obtain or retain benefits. Responses per Respondent: 1. law enforcement purposes may be OMB Desk Officer: Ms. Jasmeet Annual Responses: 35. exempt pursuant to 5 U.S.C. 552a(k)(2). Seehra. Average Burden per Response: 1 hour. However, if an individual is denied any Written comments and Annual Burden Hours: 35 hours. right, privilege, or benefit for which he recommendations on the proposed Needs and Uses: Educational would otherwise be entitled by Federal information collection should be sent to institutions desiring to host a National law or for which he would otherwise be Ms. Seehra at the Office of Management Defense Cadet Corps Unit (NDCC) may eligible, as a result of the maintenance and Budget, Desk Officer for DoD, Room apply by using a DA Form 3126–1. The of such information, the individual will 10236, New Executive Office Building, DA Form 3126–1 documents the be provided access to such information Washington, DC 20503. agreement and becomes a contract except to the extent that disclosure You may also submit comments, signed by both the secondary institution would reveal the identity of a identified by docket number and title, and the U.S. Government. This form confidential source. by the following method: provides information on the school’s An exemption rule for this record • Federal eRulemaking Portal: http:// facilities and states specific conditions system has been promulgated according www.regulations.gov. Follow the if a NDCC unit is placed at the to the requirements of 5 U.S.C. instructions for submitting comments. institution. The data provided on the 553(b)(1), (2), and (3), (c) and (e) and Instructions: All submissions received applications is used to determine which published in 32 CFR part 322. For must include the agency name, docket school will be selected.

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Affected Public: State, local or tribal Transcript; USAF Form 148; OMB DEPARTMENT OF DEFENSE government; not-for-profit institution. Number 0701–0066. Department of the Army Frequency: On occasion. Type of Request: Extension. Respondent’s Obligation: Required to obtain or retain benefits. Number of Respondents: 7,954. Preparation of a Programmatic OMB Desk Officer: Ms. Jasmeet Responses per Respondent: 1. Environmental Impact Statement (PEIS) for the Stationing and Operation Seehra. Annual Responses: 7,954. Written comments and of Joint High Speed Vessels (JHSVs) Average Burden per Response: .75 recommendations on the proposed AGENCY: Department of the Army, DoD. hours. information collection should be sent to ACTION: Notice of intent. Ms. Seehra at the Office of Management Annual Burden Hours: 5,966 hours. SUMMARY: and Budget, Desk Officer for DoD, Room Needs and Uses: The information The Army intends to prepare a PEIS for the proposed stationing and 10236, New Executive Office Building, collection requirement is necessary to operation of up to 12 JHSVs. The JHSV Washington, DC 20503. obtain data on candidate’s background is a strategic transport vessel that is You may also submit comments, and aptitude in determining eligibility identified by docket number and title, designed to support the rapid transport and selection to the Air Force Academy. by the following method: of Army Soldiers, other military • Federal eRulemaking Portal: http:// Affected Public: Individuals or personnel and equipment in the U.S. www.regulations.gov. Follow the households. and abroad. The PEIS will assess the instructions for submitting comments. Frequency: On occasion. potential environmental impacts Instructions: All submissions received associated with the proposed stationing Respondent’s Obligation: Required to must include the agency name, docket of JHSVs at the following military port obtain or retain benefits. number and title for this Federal locations: Virginia Tidewater area; San Register document. The general policy OMB Desk Officer: Ms. Jasmeet Diego, CA area; Seattle-Tacoma, WA for comments and other submissions Seehra. area; Pearl Harbor, HI area; and Guam. from members of the public is to make Written comments and These locations were selected based on the following criteria: sites have existing these submissions available for public recommendations on the proposed military port facilities that do not viewing on the Internet at http:// information collection should be sent to www.regulations.gov as they are require new infrastructure construction Ms. Seehra at the Office of Management or improvements; sites have existing received without change, including any and Budget, Desk Officer for DoD, Room personal identifiers or contact maintenance facilities for up to, but not 10236, New Executive Office Building, including, depot level facilities for information. Washington, DC 20503. DOD Clearance Officer: Ms. Patricia major JHSV repairs and maintenance; Toppings. You may also submit comments, and sites are capable of supporting the Written requests for copies of the identified by docket number and title, strategic needs of the nation’s information collection proposal should by the following method: Combatant Commanders. Not all of the proposed ports will receive JHSVs and be sent to Ms. Toppings at WHS/ESD/ • Federal eRulemaking Portal: http:// Information Management Division, 1777 other viable locations raised during www.regulations.gov. Follow the public scoping may be considered as North Kent Street, RPN, Suite 11000, instructions for submitting comments. Arlington, VA 22209–2133. stationing sites. The Army’s Record of Instructions: All submissions received Decision will make the determination as Dated: January 26, 2010. must include the agency name, docket to which of the potential sites will serve Patricia L. Toppings, number and title for this Federal as home port locations. OSD Federal Register Liaison Officer, Register document. The general policy The Army intends to consider the Department of Defense. for comments and other submissions following alternatives in the PEIS: (1) [FR Doc. 2010–2449 Filed 2–4–10; 8:45 am] from members of the public is to make The stationing and operation of an BILLING CODE 5001–06–P these submissions available for public Army-wide total of five JHSVs at viewing on the Internet at http:// military port facilities in the U.S. or U.S. www.regulations.gov as they are territories, with up to three JHSVs at any DEPARTMENT OF DEFENSE one of the aforementioned locations; (2) received without change, including any The stationing and operation of an personal identifiers or contact Department of the Air Force Army-wide total of up to 12 JHSVs at information. [Docket ID USAF–2009–0052] military port facilities in the U.S. or U.S. DOD Clearance Officer: Ms. Patricia territories and overseas locations Submission for OMB Review; Toppings. operated by the U.S. military, with up Comment Request Written requests for copies of the to three JHSV’s being stationed at any information collection proposal should one location; and (3) The no action ACTION: Notice. be sent to Ms. Toppings at WHS/ESD/ alternative which retains the Army’s Information Management Division, 1777 existing transport fleet and does not The Department of Defense has equip the Army with JHSVs. Under the North Kent Street, RPN, Suite 11000, submitted to OMB for clearance, the no action alternative, the Army would following proposal for collection of Arlington, VA 22209–2133. not be able to increase its expeditionary information under the provisions of the Dated: January 26, 2010. capability as discussed as a key Paperwork Reduction Act (44 U.S.C. Patricia L. Toppings, requirement in the Quadrennial Defense Chapter 35). OSD Federal Register Liaison Officer, Review (QDR) nor would it meet the DATES: Consideration will be given to all Department of Defense. rapid deployment goals of Army comments received by March 8, 2010. [FR Doc. 2010–2446 Filed 2–4–10; 8:45 am] Transformation. Title, Form, and OMB Number: Air The JHSV will require fueling-at-sea Force Academy Secondary School BILLING CODE 5001–06–P training; aviation training (helicopter);

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live fire training; and high-speed, open- its actions and alternatives, and to SUMMARY: Pursuant to the National water-craft training. It is anticipated that solicit the views of the public so it can Environmental Policy Act of 1969, as the vessel will spend 150 days or more make an informed final decision amended, the U.S. Army Corps of away from the home station. These regarding how to proceed. The Army is Engineers, Sacramento District (Corps), home-station sites would only be used working in close coordination with the in cooperation with the U.S. Forest to support JHSV berthing and training Navy (which is scheduled to receive 10 Service, Sequoia National Forest, requirements in and around the JHSVs) in coordinating NEPA intends to prepare a draft stationing location for 170 days per evaluations for this action. The Navy is Environmental Impact Statement (EIS) year. An annual maintenance cycle of completing a separate NEPA document for the Federal action to remediate approximately 45 days would occur at to evaluate its requirements for the seismic, seepage, and hydrologic dam the home station or at another location, JHSV. The Army’s PEIS does not safety concerns at the Isabella Lake if appropriate maintenance facilities are evaluate the direct and indirect main and auxiliary dams. Isabella Lake not on site. The PEIS will include environmental impacts of the Navy’s is located on the Kern River evaluation of the different locations JHSV program. The Army’s PEIS will approximately 45 miles northeast of which could reasonably accommodate, cumulatively consider the impacts of Bakersfield, Kern County, California. support, and sustain the JHSV and meet Navy JHSV stationing. The proposed action is being conducted its requirements for live-fire training. The PEIS will assess, consider, and through the Corps’ Dam Safety The proposed action will require the compare the direct, indirect, and Assurance Program (DSAP) for the Army to balance strategic, sustainment, cumulative environmental effects from evaluation of existing dams. and environmental considerations to the stationing of up to three Army ADDRESSES: Current and archival provide greater flexibility and JHSVs per site. The primary responsiveness to meet today’s evolving information regarding the Isabella Lake environmental issues to be analyzed world conditions and threats to national DSAP Project can be obtained from the will include potential impacts to air defense and security. The PEIS will following Web site address: http:// quality, airspace, cultural resources, analyze the proposed action’s impacts www.spk.usace.army.mil/projects/civil/ noise, and marine life. In addition, the _ _ upon the natural, cultural, and Lake Isabella Dam/Index.html. Army will consider those issues manmade environments at the Questions or comments regarding the identified as the part of the scoping alternative home-stationing sites. Isabella Lake DSAP Project may be process. submitted through this Web site, or ADDRESSES: Comments may be sent to: Scoping and Public Comment: All written questions or comments can be Public Affairs Office, U.S. Army submitted by mail to Mr. Mitch Stewart, Environmental Command, Attention: interested members of the public, including native communities and U.S. Army Corps of Engineers, IMAE–PA, 5179 Hoadley Rd., Aberdeen Sacramento District, Attn: Planning Proving Ground, MD 21010–5401. federally recognized Native American Tribes, Native Hawaiian groups, Guam Division (CESPK–PD–R), 1325 J Street, FOR FURTHER INFORMATION CONTACT: Chamorro Groups, and federal, state, Sacramento, CA 95814. Requests to be Public Affairs Office at (410) 436–2556; and local agencies, are invited to placed on a mailing list may also be fax (410) 436–1693; or e-mail: APGR- participate in the scoping process for submitted through the Web site or to the [email protected]. the preparation of this PEIS. Written address provided above. SUPPLEMENTARY INFORMATION: The JHSV comments identifying environmental FOR FURTHER INFORMATION CONTACT: Mr. is a high-speed, shallow-draft vessel issues, concerns and opportunities to be Mitch Stewart at (916) 557–6734, e-mail capable of rapid intratheater transport of analyzed in the PEIS will be accepted [email protected], or by Army units. JHSV stationing for 30 days following publication of the mail to (see ADDRESSES). detachments consist of a 31 member Notice of Intent in the Federal Register. SUPPLEMENTARY INFORMATION: crew and can accommodate up to 350 There will be no on-site scoping 1. Background Information. Based on additional Soldiers. The vessel can meetings. reach speeds of 35–45 knots and has an current engineering knowledge, the Dated: January 25, 2010. equipment carrying capacity of Corps has determined that the Isabella approximately 700 short tons. It has a Addison D. Davis, IV, Lake main and auxiliary dams have a shallow draft of 12.5 feet for enhanced Deputy Assistant Secretary of the Army high risk of failure due to significant port access for the types of austere piers (Environment, Safety, and Occupational seismic, seepage, and hydrologic issues Health). and quay walls common in developing that exist. An external peer review countries. The JHSV includes a weapons [FR Doc. 2010–2142 Filed 2–4–10; 8:45 am] panel, commissioned by the Corps, has mount for crew served weapons, a flight BILLING CODE 3710–08–M recently confirmed that the Corps’ Class deck for helicopter operations, and an I designation ‘‘Urgent and Compelling’’ off-load ramp that allows vehicles to is appropriate for the Isabella Lake dams DEPARTMENT OF DEFENSE drive off the ship quickly. These for several reasons: characteristics make the JHSV an a. A possibility of piping along the Department of the Army; U.S. Army outlet conduit of its auxiliary dam extremely flexible asset, able to support Corps of Engineers a wide range of operations including (piping may be defined as fissures or maneuver and sustainment, relief Notice of Intent To Prepare a Draft openings through which water can operations in small or damaged ports, Environmental Impact Statement and travel inside the dam); flexible logistics support, or as the key Dam Safety Assurance Program b. Evidence that the auxiliary dam’s enabler for rapid transport. Modification Report for the Isabella drain blanket is not performing as The National Environmental Policy Dam Project, Kern County, CA intended; Act (NEPA) of 1969 (42 U.S.C. & et seq.) c. Studies find that the Kern Canyon and the Army NEPA procedures, AGENCY: Department of the Army, U.S. Fault, under the auxiliary dam’s right Environmental Analysis of Army Action Army Corps of Engineers; DOD. abutment, is active; (32 CFR Part 651), require the Army to d. Evidence that the upper 20 feet of ACTION: Notice of intent. consider the environmental impacts of the auxiliary dam’s foundation is loose

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and might be subject to loss of shear may also be submitted via Web site or records notices subject to the Privacy strength during seismic loading; mail to (see ADDRESSES). Act of 1974, (5 U.S.C. 552a), as e. Hydrologic studies indicate that the 5. Availability of the Draft EIS. The amended, have been published in the spillway is inadequate; and Corps intends to issue the draft EIS in Federal Register and are available from f. Extremely high consequences of May 2011. The Corps will announce the address above. failure. availability of the draft EIS in the The proposed system report, as The panel recommended short-term Federal Register and other media, and required by 5 U.S.C. 552a(r) of the risk reduction measures such as will provide the public, organizations, Privacy Act of 1974, as amended, was maintaining the current reservoir pool and agencies with an opportunity to submitted on January 29, 2010, to the restriction elevation of 2,585.5 feet, 20 submit comments to be addressed in the House Committee on Oversight and feet below normal pool. The panel also final EIS. Government Reform, the Senate recommended long-term risk reduction Committee on Homeland Security and measures including completion of on- Dated: January 26, 2010. Thomas Chapman, Governmental Affairs, and the Office of going studies of major rehabilitation of Management and Budget (OMB) the auxiliary dam and evaluation of the Commander, Sacramento District, U.S. Army Corps of Engineers. pursuant to paragraph 4c of Appendix I main dam’s overall earthquake to OMB Circular No. A–130, ‘‘Federal [FR Doc. 2010–2510 Filed 2–4–10; 8:45 am] performance. Agency Responsibilities for Maintaining 2. Remediation Alternatives. The draft BILLING CODE 3720–58–P Records About Individuals,’’ dated EIS will address an array of remediation February 8, 1996 (February 20, 1996; 61 alternatives that are necessary to FR 6427). prevent loss of life, extensive DEPARTMENT OF DEFENSE downstream damage, functional loss of Dated: February 1, 2010. Department of the Air Force the project, and the loss of all project Mitchell S. Bryman, benefits. The exact nature and extent of [Docket ID: USAF–2010–0004] Alternate OSD Federal Register Liaison the remediation alternatives will be Officer, Department of Defense. Privacy Act of 1974; System of determined based on the results of on- F065 AF FMP A going geotechnical and engineering Records studies, public and agency input during AGENCY: Department of the Air Force, SYSTEM NAME: the scoping period, and preparation of DoD. eFinance Workspace the draft EIS. ACTION: 3. Issues To Be Addressed. The draft Notice to add a system of SYSTEM LOCATION: EIS will address environmental issues records. Commander, 88th Communications concerning the remediation alternatives SUMMARY: The Department of the Air Squadron, Wright Patterson AFB, OH proposed. Issues will be identified Force is proposing to add a system of 45433–5344. based on public input during the records to its existing inventory of CATEGORIES OF INDIVIDUALS COVERED BY THE scoping process and during the records systems subject to the Privacy SYSTEM: preparation of the draft EIS. Issues Act of 1974, (5 U.S.C. 552a), as Current Air Force military personnel initially identified as potentially amended. significant include, but are not limited (Active Duty, Reserve, Air National to: Soils and seismicity, hydrology and DATES: The proposed action will be Guard), family members of Air Force water quality, noise and vibration, air effective on March 8, 2010 unless service members and Air Force civilian quality, socioeconomics, water supply, comments are received that would employees. result in a contrary determination. land use, recreation, visual and CATEGORIES OF RECORDS IN THE SYSTEM: ADDRESSES: You may submit comments, aesthetic resources, traffic and Name, Social Security Numbers identified by docket number and title, transportation, historical and cultural (SSN), rank/grade, service number, resources, vegetation and wildlife, by any of the following methods. • Federal eRulemaking Portal: http:// marital status, the number of special status species, and fisheries. dependents claimed for pay purposes, 4. Public Involvement. Public scoping www.regulations.gov. Follow the instructions for submitting comments. home and unit location data. Specific meetings will be held in May 2010 at • information requested for dependents specific locations to be announced Mail: Federal Docket Management System Office, 1160 Defense Pentagon, are name, age, date of birth, (used for within the local Isabella Lake DSAP travel calculation) and residence Project area and in Bakersfield, Room 3C843, Washington, DC 20301– 1160. address to determine entitlement rate California. The purpose of the public for basic allowance for housing. scoping meetings will be to present Instructions: All submissions received information to the public regarding the must include the agency name and AUTHORITY FOR MAINTENANCE OF THE SYSTEM: array of remediation alternatives docket number for this Federal Register 10 U.S.C. 8013, Department of the Air proposed that may be addressed in the document. The general policy for Force; 10 U.S.C. 8032, The Air Staff, draft EIS, receive public comments, and comments and other submissions from general duties; DoD Financial solicit input regarding environmental members of the public is to make these Management Regulation 7000.14–R, issues of concern to the public. These submissions available for public Volume 7A, Military Pay Policy and meetings are intended to initiate the viewing on the Internet at http:// Procedures, Active Duty and Reserve process to involve concerned www.regulations.gov as they are Pay; The Joint Federal Travel individuals, and local, State, and received without change, including any Regulations, Volume 1, Uniformed Federal agencies. The public scoping personal identifiers or contact Service Members; The Joint Travel meeting place, date, and time will be information. Regulations, Volume 2, Civilian advertised in advance in local FOR FURTHER INFORMATION CONTACT: Mr. Personnel; Air Force Instruction 65–114, newspapers, and meeting Ben Swilley at (703) 696–6172. Travel—Policy and Procedures For announcement letters will be sent to SUPPLEMENTARY INFORMATION: The Financial Services Offices and Finance interested parties. Written comments Department of the Air Force systems of Offices—Reserve Component; Air Force

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Manual 65–116 V2, Defense Joint (SAF/FMP), SAF/FMP Air Force foregoing is true and correct. Executed Military Pay System Active Component Financial Systems Office, 1940 Allbrook on (date). (Signature).’’ (DJMS–AC) Unit Procedures Excluding Dr., Bldg 1, Wright Patterson Air Force Financial Services Office; and E.O. 9397 Base, Ohio 45433–5344. CONTESTING RECORD PROCEDURES: (SSN), as amended. The Air Force rules for access to NOTIFICATION PROCEDURE: records, and for contesting and PURPOSE(S): Individuals seeking to determine appealing initial agency determinations The eFinance system allows active whether information about themselves by the individual concerned are duty members the ability to complete is contained in this system should published in Air Force Instruction 33– their Permanent Change of Station (PCS) address written inquiries to the Director, 332, Privacy Act Program, 32 CFR Part voucher and assignment to their new SAF/FMP Air Force Financial Systems 806b, or may be obtained from the duty station transactions for pay Office, 1940 Allbrook Dr., Bldg 1, system manager. purposes without an interface with the Wright Patterson Air Force Base, Ohio base Financial Services Office (FSO). 45433–5344. RECORD SOURCE CATEGORIES: Additionally, it will allow military For verification purposes, individuals From the individual. personnel to create pay affecting should provide their full name, Social EXEMPTIONS CLAIMED FOR THE SYSTEM: transactions using a digital signature Security Number (SSN), record type (if and routing to the appropriate approval known) which may assist in locating None. authority and to generate records, and their signature. [FR Doc. 2010–2444 Filed 2–4–10; 8:45 am] documentation and transactions In addition, the requester must BILLING CODE 5001–06–P associated with Temporary Duty Travel provide a notarized statement or an (TDY) settlement and advance claims. unsworn declaration made in accordance with 28 U.S.C. 1746, in the DEPARTMENT OF EDUCATION ROUTINE USES OF RECORDS MAINTAINED IN THE following format: SYSTEM, INCLUDING CATEGORIES OF USERS AND If executed outside the United States: Office of Safe and Drug-Free Schools; THE PURPOSES OF SUCH USES: ‘‘I declare (or certify, verify, or state) Cooperative Civic Education and In addition to those disclosures under penalty of perjury under the laws Economic Education Exchange generally permitted under 5 U.S.C. of the United States of America that the Program 552a(b) of the Privacy Act of 1974, these foregoing is true and correct. Executed records contained therein may on (date). (Signature).’’ Catalog of Federal Domestic specifically be disclosed outside the If executed within the United States, Assistance (CFDA) Number: 84.304A. DoD as a routine use pursuant to 5 its territories, possessions, or ACTION: Correction; Notice inviting U.S.C. 552a(b) as follows: commonwealths: applications for new awards for fiscal The DoD ‘Blanket Routine Uses’ ‘‘I declare (or certify, verify, or state) year (FY) 2010. published at the beginning of the Air under penalty of perjury under the laws Force’s compilation of systems of of the United States of America that the SUMMARY: On January 20, 2010, we records notices apply to this system. foregoing is true and correct. Executed published in the Federal Register (75 Policies and practices for storing, on (date). (Signature).’’ FR 3212) a notice inviting applications retrieving, accessing, retaining and for FY 2010 for the Cooperative Civic disposing of records in the system: RECORD ACCESS PROCEDURES: Education and Economic Education Individuals seeking access to Exchange Program. The notice stated STORAGE: information about themselves contained that a list of eligible countries was Electronic storage media. in this system should address requests included in the application package (75 FR 3214). The list of eligible countries RETRIEVABILITY: to the Director, SAF/FMP Air Force Financial Systems Office, 1940 Allbrook included in the application package at Individual’s name, Social Security Dr., Bldg 1, Wright Patterson Air Force the time the notice inviting applications Number (SSN) and/or service number. Base, Ohio 45433–5344. for FY 2010 was published was the list SAFEGUARDS: For verification purposes, individuals that was used in the FY 2009 program Electronic records are maintained should provide their full name, Social grant competition. However, an updated within secured buildings in areas Security Number (SSN), record type (if list of eligible countries has since been accessible only to persons having known) which may assist in locating approved for FY 2010. The new list of official need to know, and who are records, and their signature. eligible countries for FY 2010 is properly trained and screened. In In addition, the requester must included in an updated application addition, the system will be a controlled provide a notarized statement or an package that has been posted to the system with passwords, and Common unsworn declaration made in following Department of Education Web Access Card (CAC) governing access to accordance with 28 U.S.C. 1746, in the sites: http://e-Grants.ed.gov and http:// data. following format: www.ed.gov/programs/ If executed outside the United States: coopedexchange/applicant.html. RETENTION AND DISPOSAL: ‘‘I declare (or certify, verify, or state) Therefore, in order to give applicants Records are destroyed when no longer under penalty of perjury under the laws adequate time to access the updated needed for reference and/or for of the United States of America that the application package, we are changing conducting business. Records are foregoing is true and correct. Executed the deadline for the submission of destroyed by erasing. on (date). (Signature).’’ applications to March 15, 2010. With If executed within the United States, this change in the deadline date, we are SYSTEM MANAGER(S) AND ADDRESS: its territories, possessions, or also changing the deadline date for System Program Manager (SPM), Air commonwealths: intergovernmental review. The specific Force Financial Systems Operations ‘‘I declare (or certify, verify, or state) changes to be made are as follows: (AFFSO), Secretary of the Air Force for under penalty of perjury under the laws On page 3213, the first column, the Financial Management Operations of the United States of America that the date listed for Deadline for Transmittal

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of Applications is changed to read DATES: Applications Available: February of participants prepared through the project ‘‘March 15, 2010.’’ 9, 2010. on student learning in the participants’ On page 3213, the first column, the Deadline for Notice of Intent to Apply: schools. Applicants also are strongly date listed for Deadline for March 8, 2010. encouraged to describe how these data will Date of Pre-Application Meetings: be used for continuous program Intergovernmental Review is changed to improvement. read ‘‘May 14, 2010.’’ February 19, 2010. On page 3214, third column, the date Deadline for Transmittal of Background: The Secretary has set an listed for Deadline for Transmittal of Applications: April 6, 2010. ambitious goal of turning around the Applications is changed to read ‘‘March Deadline for Intergovernmental nation’s 5,000 lowest-achieving schools 15, 2010.’’ Review: June 7, 2010. over the next five years, as part of a broader strategy to reduce the dropout On page 3214, third column, the date Full Text of Announcement listed for Deadline for rate, improve the high school graduation Intergovernmental Review is changed to I. Funding Opportunity Description rate, and increase the number of read ‘‘May 14, 2010.’’ Purpose of Program: The School students who graduate prepared for FOR FURTHER INFORMATION CONTACT: Rita Leadership Grant Program (SLP) is success in college and their careers. Foy Moss, U.S. Department of designed to assist high-need local Principals are a major driver of school Education, 400 Maryland Avenue, SW., educational agencies (LEAs) in improvement and teacher quality, and Potomac Center Plaza, Room 10006, recruiting and training principals second only to teachers in their impact 1 Washington, DC 20202. Telephone: (including assistant principals) through on student achievement. A strong (202) 245–7866, or by e-mail at such activities as: principal can have a positive impact on [email protected]. • Providing financial incentives to teachers’ instructional practice, and on If you use a telecommunications aspiring new principals. the learning outcomes of hundreds of device for the deaf (TDD), call the • Providing stipends to principals students. In school ‘‘turnaround’’ models Federal Relay Service (FRS), toll-free, at who mentor new principals. and instructional programs, a 1–800–877–8339. • Carrying out professional consistently recognized determinant of Accessible Format: Individuals with development programs in instructional success is not only the quality of the disabilities can obtain this document in leadership and management. model or program but the school an alternative format (e.g., Braille, large • Providing incentives that are leader’s ability to implement the model print, audiotape, or computer diskette) appropriate for teachers or individuals or program effectively. on request to the contact person listed from other fields who want to become Despite their importance, school under FOR FURTHER INFORMATION principals and that are effective in leaders are often denied the autonomy, CONTACT. retaining new principals. resources, or support they need to Electronic Access to This Document: Priorities: Under this competition we implement models and programs and You can view this document, as well as are particularly interested in lead their schools effectively. To recruit all other documents of this Department applications that address the following and retain highly talented school published in the Federal Register, in three invitational priorities. leaders to serve in underperforming text or Adobe Portable Document Invitational Priorities: For FY 2010, schools, district leaders must remove Format (PDF) on the Internet at the these priorities are invitational obstacles and give these individuals real following site: http://www.ed.gov/news/ priorities. Under 34 CFR 75.105(c)(1), flexibility over money, time, operations, fedregister. we do not give an application that meets and staffing to enable them to lead their To use PDF you must have Adobe the invitational priorities a competitive schools.2 Acrobat Reader, which is available free or absolute preference over other In the past, the SLP has funded at this site. applications. projects that have focused on creating These priorities are: Note: The official version of this document alternative pathways for principal is the document published in the Federal 1. Projects that develop and certification or licensure and providing Register. Free Internet access to the official implement, enhance, or expand professional development to improve edition of the Federal Register and the Code innovative programs to build the the skills of existing principals in of Federal Regulations is available on GPO capacity of principals (including schools in high-need LEAs. In this Access at: http://www.gpoaccess.gov/nara/ assistant principals) to lead and achieve notice, the Secretary encourages index.html. teaching and learning gains in applicants to look beyond preparation persistently lowest-achieving schools. pathways and to promote district Dated: February 2, 2010. 2. Projects that demonstrate evidence conditions that support these school Kevin Jennings, of the LEA’s commitment to identify, leaders in leading and turning around Assistant Deputy Secretary for Safe and Drug- implement, and support school the persistently lowest-achieving Free Schools. conditions that facilitate efforts by the schools in the participating LEAs. In [FR Doc. 2010–2555 Filed 2–4–10; 8:45 am] principals (including assistant addition, the Secretary encourages BILLING CODE 4000–01–P principals) prepared by this program to applications for projects that will collect improve persistently lowest-achieving and use data to determine the effect of schools. these school leaders on student learning DEPARTMENT OF EDUCATION 3. Projects that collect and use student in the schools in which they serve and achievement data to assess the effect of Office of Innovation and Improvement; for continuous program improvement. principals (including assistant Overview Information; School principals) prepared through this 1 Leadership Grant Program; Notice Leithwood, Kenneth et al. ‘‘How Leadership program on student learning and for Influences Student Learning.’’ Wallace Foundation, Inviting Applications for New Awards continuous program improvement. 2004. for Fiscal Year (FY) 2010 2 Calkins, Andrew et al. ‘‘The Turnaround Note: Applicants are encouraged to Challenge: Why America’s best opportunity to Catalog of Federal Domestic describe their methods or strategies for dramatically improve student achievement lies in Assistance (CFDA) Number: 84.363A. collecting and using data to assess the impact our worst-performing schools.’’ 2007.

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For the purpose of these invitational for which not less than 20 percent of the same data apply to the ESEA definition priorities, the term ‘‘persistently lowest- children served by the LEA are from of a high-need LEA used for purposes of achieving school’’ is defined as it is families with incomes below the determining eligibility under the SLP.) under the Department’s State Fiscal poverty line; and With regard to component (b)(1) of the Stabilization Fund Program (74 FR (b) For which there is (1) a high ESEA definition of high-need LEA, the 58436, 58487), School Improvement percentage of teachers not teaching in Department interprets the phrase ‘‘a high Grants (74 FR 65618, 65652), and Race the academic subjects or grade levels the percentage of teachers not teaching in to the Top Fund (74 FR 59836, 59840). teachers were trained to teach, or (2) a the academic subjects or grade levels The definition of persistently lowest- high percentage of teachers with that the teachers were trained to teach’’ achieving school is in this notice under emergency, provisional, or temporary as being equivalent to ‘‘a high Section III: Eligibility Information (3) certification or licensing. percentage of teachers teaching out of Other. So that the Department may be able to field.’’ The Department expects that Addressing one or more of these confirm the eligibility of the LEAs that LEAs that rely on component (b)(1) of priorities will not give an applicant an projects propose to serve, applicants are the ESEA definition of high-need LEA advantage over another applicant who expected to include information in their will demonstrate that they have a high does not choose to respond to the applications that demonstrates that each percentage of teachers teaching out of invitational priorities. participating LEA in the project is a field. The Department is not aware of Program Authority: 20 U.S.C. 6651(b). high-need LEA, as defined in section any specific data that would Applicable Regulations: The 2102(3) of the ESEA. This information demonstrate a ‘‘high percentage’’ of Education Department General should be based on the most recent teachers teaching out of field. Administrative Regulations (EDGAR) in available data on the number of children Accordingly, the Department will 34 CFR parts 74, 75, 77, 79, 80, 81, 82, from families with incomes below the review this aspect of an LEA’s proposed 84, 85, 86, 97, 98 and 99. poverty line that the LEA serves. When eligibility on a case-by-case basis. To presenting evidence to support that each decrease the level of uncertainty, an Note: The regulations in 34 CFR part 79 applicant might choose instead to apply to all applicants except federally participating LEA meets the ESEA recognized Indian tribes. definition of a high-need LEA, an demonstrate that each participating LEA applicant should consider the following: meets the eligibility test for a high-need Note: The regulations in 34 CFR part 86 The Department is not aware of any LEA under component (b)(2) of the apply to institutions of higher education reliable data that are available to LEAs— ESEA definition. only. other than the data periodically For component (b)(2) of the ESEA gathered by the U.S. Census Bureau— definition of high-need LEA, the data II. Award Information that would show that an LEA serves the that LEAs likely will find most readily Type of Award: Discretionary grants. required number or percentage of available on the percentage of teachers Estimated Available Funds: children (individuals ages 5 through 17) with emergency, provisional, or $11,000,000 from families below the poverty line (as temporary certification or licensing are Estimated Range of Awards: defined in section 9101(33) of the the data they provide to their States for $250,000–$750,000. ESEA). inclusion in the reports on the quality of teacher preparation that the States Estimated Average Size of Awards: Note: The data that many LEAs collect on $500,000. the number or percentage of children eligible provide to the Department in October of Estimated Number of Awards: 15–20. for free- and reduced-priced meal subsidies each year as required by section 207 of may not be used to satisfy the requirements the Higher Education Act of 1965, as Note: The Department is not bound by any under component (a) of the ESEA definition amended (HEA). In these reports, States estimates in this notice. of high-need LEA. Those data do not reflect provide the percentage of teachers in Project Period: Up to 60 months. children from families with incomes below their LEAs teaching on waivers of State the poverty line, as defined in section III. Eligibility Information certification, both on a statewide basis 9101(33) of the ESEA. and in high-poverty LEAs. As reflected 1. Eligible Applicants: High-need Therefore, absent a showing of in the State reports the Department most LEAs; consortia of high-need LEAs; and alternative LEA data that reliably show recently received in October 2008, the partnerships of high-need LEAs, non- the number of children from families national average percentage of teachers profit organizations (which may be a with incomes below the poverty line on waivers in high-poverty LEAs is 1.3 community- or faith-based that are served by the LEA, the percent. organization), and institutions of higher eligibility of an LEA as a high-need LEA Persistently lowest-achieving school: education. Applicants must identify and under component (a) would be For the purpose of the invitational confirm in their applications that the determined on the basis of the most priorities in this notice, a persistently participating LEAs meet the definition recent U.S. Census Bureau data. U.S. lowest-achieving school is, as of high-need LEA in section 2102(3) of Census Bureau data are available for all determined by the State, (1) any Title I the ESEA. school districts with geographic school in improvement, corrective 2. Cost Sharing or Matching: This boundaries that existed when the U.S. action, or restructuring that is (a) among program does not require cost sharing or Census Bureau collected its information. the lowest-achieving five percent of matching. The link to the census data is: http:// Title I schools in improvement, 3. Other: Definitions of High-Need www.census.gov/hhes/www/saipe/data/ corrective action, or restructuring or the LEA and Persistently Lowest-Achieving index.html. lowest-achieving five Title I schools in Schools, and Other Eligibility The Department also makes these data improvement, corrective action, or Information. As defined in section available at its Web site at: http:// restructuring in the State, whichever 2102(3) of the ESEA, the term high-need www.ed.gov/programs/lsl/ number of schools is greater; or (b) a LEA means an LEA— eligibility.html. (Although the high school that has had a graduation (a)(1) That serves not fewer than Department posted this listing rate as defined in 34 CFR 200.19(b) that 10,000 children from families with specifically for the Improving Literacy is less than 60 percent over a number of incomes below the poverty line, or (2) through School Libraries program, these years; and (2) any secondary school that

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is eligible for, but does not receive, Title The page limit does not apply to the because of insufficient time to arrange I funds that is (a) among the lowest- application cover sheet; the budget it. achieving five percent of secondary section, including the narrative budget Deadline for Transmittal of schools or the lowest-achieving five justification; the assurances and Applications: April 6, 2010. secondary schools in the State that are certifications; or the one-page abstract, Applications for grants under this eligible for, but do not receive, Title I the resumes, the bibliography, or the program must be submitted funds, whichever number of schools is letters of support. However, the page electronically using the Electronic Grant greater; or (b) a high school that has had limit does apply to all of the application Application System (e-Application) a graduation rate as defined in 34 CFR narrative section. accessible through the Department’s e- 200.19(b) that is less than 60 percent 3. Submission Dates and Times: Grants site. For information (including over a number of years. Applications Available: February 9, dates and times) about how to submit 2010. your application electronically, or in IV. Application and Submission Deadline for Notice of Intent to Apply: paper format by mail or hand delivery Information March 8, 2010. if you qualify for an exception to the 1. Address to Request Application Date of Pre-Application Meetings: electronic submission requirement, Package: ED PUBS, U.S. Department of February 19, 2010. please refer to section IV.6. Other Education, P.O. Box 22207, Alexandria, The Department will hold two pre- Submission Requirements of this notice. VA 22304. Telephone, toll free: 1–877– application meetings for prospective We do not consider an application 433–7827. FAX: (703) 605–6794. If you applicants on February 19, 2010. The that does not comply with the deadline use a telecommunications device for the first meeting will be held from 9:30 a.m. requirements. deaf (TDD), call, toll free: 1–877–576– to 12:30 p.m., and the second meeting Individuals with disabilities who 7734. (a repeat of the morning meeting) will need an accommodation or auxiliary aid You can contact ED Pubs at its Web be held from 2:30 p.m. to 5:30 p.m. at in connection with the application site, also: http://www.EDPubs.gov or at the U.S. Department of Education, process should contact the person listed its e-mail address: [email protected]. Barnard Auditorium, 400 Maryland under FOR FURTHER INFORMATION If you request an application package Avenue, SW., Washington, DC 20202. CONTACT in section VII of this notice. If from ED Pubs, be sure to identify this Interested parties are invited to the Department provides an program or competition as follows: participate in this meeting to discuss the accommodation or auxiliary aid to an CFDA number 84.363A. purpose of the SLP, invitational individual with a disability in Individuals with disabilities can priorities, selection criteria, application connection with the application obtain a copy of the application package content, submission requirements, and process, the individual’s application in an accessible format (e.g., braille, reporting requirements. This site is remains subject to all other large print, audiotape, or computer accessible by Metro on the Blue, Orange, requirements and limitations in this diskette) by contacting the person or Green, and Yellow lines at the Seventh notice. team listed under Accessible Format in Street and Maryland Avenue exit of the Deadline for Intergovernmental section VIII of this notice. L’Enfant Plaza station. Review: June 7, 2010. 2. Content and Form of Application Individuals interested in attending 4. Intergovernmental Review: This Submission: Requirements concerning this meeting are encouraged to pre- program is subject to Executive Order the content of an application, together register by e-mailing their name, 12372 and the regulations in 34 CFR with the forms you must submit, are in organization, and contact information part 79. Information about the application package for this with the subject heading ‘‘PRE– Intergovernmental Review of Federal program. Page Limit: The application APPLICATION MEETING’’ to Programs under Executive Order 12372 narrative is where you, the applicant, [email protected]. There is in the application package for this address the selection criteria that is no registration fee for attending this program. reviewers use to evaluate and score your meeting. For further information contact 5. Funding Restrictions: We reference application. Applicants are strongly Beatriz Ceja, U.S. Department of regulations outlining funding encouraged to limit the application Education, Office of Innovation and restrictions in the Applicable narrative to the equivalent of no more Improvement, room 4W210, 400 Regulations section of this notice. than 50 pages, using the following Maryland Avenue, SW., Washington, 6. Other Submission Requirements: standards: DC 20202. Telephone: (202) 205–5009 Applications for grants under this • A ‘‘page’’ is 8.5″ x 11″, on one side or by e-mail: program must be submitted only, with 1″ margins at the top, bottom, [email protected]. electronically unless you qualify for an and both sides. Assistance to Individuals With exception to this requirement in • Double space (no more than three Disabilities at the Pre-Application accordance with the instructions in this lines per vertical inch) all text in the Meeting section. application narrative, including titles, a. Electronic Submission of headings, footnotes, quotations, The meeting site is accessible to Applications. references, and captions, as well as all individuals with disabilities. If you will Applications for grants under the text in charts, tables, figures, and need an auxiliary aid or service to SLP—CFDA Number 84.363A must be graphs. participate in the meeting (e.g., submitted electronically using e- • Use a font that is either 12 point or interpreting service, assistive listening Application, accessible through the larger or no smaller than 10 pitch device, or materials in an alternate Department’s e-Grants Web site at: (characters per inch). format), notify the contact person listed http://e-grants.ed.gov. • Use one of the following fonts: in section VII of this notice at least two We will reject your application if you Times New Roman, Courier, Courier weeks before the scheduled meeting submit it in paper format unless, as New, or Arial. An application submitted date. Although we will attempt to meet described elsewhere in this section, you in any other font (including Times a request we receive after that date, we qualify for one of the exceptions to the Roman or Arial Narrow) will not be may not be able to make available the electronic submission requirement and accepted. requested auxiliary aid or service submit, no later than two weeks before

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the application deadline date, a written • Your electronic application must referred to in this section apply only to statement to the Department that you comply with any page limit the unavailability of e-Application. qualify for one of these exceptions. requirements described in this notice. Exception to Electronic Submission Further information regarding • Prior to submitting your electronic Requirement: You qualify for an calculation of the date that is two weeks application, you may wish to print a exception to the electronic submission before the application deadline date is copy of it for your records. requirement, and may submit your provided later in this section under • After you electronically submit application in paper format, if you are Exception to Electronic Submission your application, you will receive an unable to submit an application through Requirement. automatic acknowledgment that will e-Application because— While completing your electronic include a PR/Award number (an • You do not have access to the application, you will be entering data identifying number unique to your Internet; or online that will be saved into a application). • You do not have the capacity to • database. You may not e-mail an Within three working days after upload large documents to electronic copy of a grant application to submitting your electronic application, e-Application; and us. fax a signed copy of the SF 424 to the • No later than two weeks before the Please note the following: Application Control Center after • application deadline date (14 calendar You must complete the electronic following these steps: days or, if the fourteenth calendar day submission of your grant application by (1) Print SF 424 from e-Application. before the application deadline date 4:30:00 p.m., Washington, DC time, on (2) The applicant’s Authorizing falls on a Federal holiday, the next the application deadline date. E- Representative must sign this form. business day following the Federal Application will not accept an (3) Place the PR/Award number in the holiday), you mail or fax a written application for this program after 4:30 upper right hand corner of the hard- statement to the Department, explaining p.m., Washington, DC time, on the copy signature page of the SF 424. which of the two grounds for an application deadline date. Therefore, we (4) Fax the signed SF 424 to the exception prevents you from using the strongly recommend that you do not Application Control Center at (202) Internet to submit your application. If wait until the application deadline date 245–6272. you mail your written statement to the to begin the application process. • We may request that you provide us • The hours of operation of the e- original signatures on other forms at a Department, it must be postmarked no Grants Web site are 6 a.m. Monday until later date. later than two weeks before the 7 p.m. Wednesday; and 6 a.m. Thursday Application Deadline Date Extension application deadline date. If you fax until 8 p.m. Sunday, Washington, DC in Case of E-Application Unavailability: your written statement to the time. Please note that, because of If you are prevented from electronically Department, we must receive the faxed maintenance, the system is unavailable submitting your application on the statement no later than two weeks between 8 p.m. on Sundays and 6 a.m. application deadline date because e- before the application deadline date. on Mondays, and between 7 p.m. on Application is unavailable, we will Address and mail or fax your Wednesdays and 6 a.m. on Thursdays, grant you an extension of one business statement to: Beatriz Ceja, U.S. Washington, DC time. Any day to enable you to transmit your Department of Education, 400 Maryland modifications to these hours are posted application electronically, by mail, or by Avenue, SW., Room 4W210, on the e-Grants Web site. (Special Note: hand delivery. We will grant this Washington, DC 20202. FAX: (202) 401– Due to internal database configuration extension if— 8466. changes, e-application will be closed (1) You are a registered user of e- Your paper application must be from February 11–16, 2010; this does Application and you have initiated an submitted in accordance with the mail not affect the application deadline electronic application for this or hand delivery instructions described published in this notice.) competition; and in this notice. • You will not receive additional (2) (a) E-Application is unavailable for b. Submission of Paper Applications point value because you submit your 60 minutes or more between the hours by Mail. application in electronic format, nor of 8:30 a.m. and 3:30 p.m., Washington, If you qualify for an exception to the will we penalize you if you qualify for DC time, on the application deadline electronic submission requirement, you an exception to the electronic date; or may mail (through the U.S. Postal submission requirement, as described (b) E-Application is unavailable for Service or a commercial carrier) your elsewhere in this section, and submit any period of time between 3:30 p.m. application to the Department. You your application in paper format. and 4:30:00 p.m., Washington, DC time, must mail the original and two copies • You must submit all documents on the application deadline date. of your application, on or before the electronically, including all information We must acknowledge and confirm application deadline date, to the you typically provide on the following these periods of unavailability before Department at the following address: forms: the Application for Federal granting you an extension. To request U.S. Department of Education, Assistance (SF 424), the Department of this extension or to confirm our Application Control Center, Attention: Education Supplemental Information for acknowledgment of any system (CFDA Number 84.363A), LBJ Business SF 424, Budget Information—Non- unavailability, you may contact either Level 1, 400 Maryland Avenue, SW., Construction Programs (ED 524), and all (1) the person listed elsewhere in this Washington, DC 20202–4260. necessary assurances and certifications. notice under FOR FURTHER INFORMATION You must show proof of mailing You must attach any narrative sections CONTACT (see VII. Agency Contact) or (2) consisting of one of the following: of your application as files in a .DOC the e-Grants help desk at 1–888–336– (1) A legibly dated U.S. Postal Service (document), .RTF (rich text), or .PDF 8930. If e-Application is unavailable postmark. (Portable Document) format. If you due to technical problems with the (2) A legible mail receipt with the upload a file type other than the three system and, therefore, the application date of mailing stamped by the U.S. file types specified in this paragraph or deadline is extended, an e-mail will be Postal Service. submit a password protected file, we sent to all registered users who have (3) A dated shipping label, invoice, or will not review that material. initiated an e-Application. Extensions receipt from a commercial carrier.

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(4) Any other proof of mailing are not statutory or regulatory 2. The extent to which the methods of acceptable to the Secretary of the U.S. requirements for this competition. The evaluation will provide performance Department of Education. criteria are as follows: feedback and permit periodic If you mail your application through A. Quality of the project design (45 assessment of progress toward achieving the U.S. Postal Service, we do not points). The Secretary considers the intended outcomes. accept either of the following as proof quality of the design of the proposed Note: The Secretary encourages applicants of mailing: project. In determining the quality of the to consider how this criterion may affect both (1) A private metered postmark. design of the proposed project, the their annual performance reports and the (2) A mail receipt that is not dated by Secretary considers the following final evaluation submitted under 34 CFR the U.S. Postal Service. factors: 75.590. In addition, the Secretary encourages If your application is postmarked after 1. The extent to which there is a applicants to address this criterion by the application deadline date, we will conceptual framework underlying the including proposed benchmarks for assessing not consider your application. proposed research or demonstration both short- and long-term progress toward activities and the quality of that the specific project objectives and outcome Note: The U.S. Postal Service does not measures they would use to assess the uniformly provide a dated postmark. Before framework. 2. The extent to which the proposed project’s impact on teaching and learning or relying on this method, you should check other important outcomes for project with your local post office. activities constitute a coherent, participants. Applicants may consider the sustained program of training in the c. Submission of Paper Applications use of ‘‘logic models’’ to identify the project’s field. inputs, outputs, and outcomes. by Hand Delivery. 3. The extent to which the proposed If you qualify for an exception to the project is part of a comprehensive effort Questions to consider when electronic submission requirement, you to improve teaching and learning and responding to the evaluation criterion (or a courier service) may deliver your support rigorous academic standards for might include: • What types of data will be paper application to the Department by students. collected? hand. You must deliver the original and 4. The extent to which the design for • two copies of your application, by hand, When will the data be collected? implementing and evaluating the • What evaluation instruments will on or before the application deadline proposed project will result in date, to the Department at the following be developed and when? information to guide possible • How will the data be analyzed? address: U.S. Department of Education, replication of project activities or • How will the applicant use the data Application Control Center, Attention: strategies, including information about to monitor progress of the funded (CFDA Number 84.363A), 550 12th the effectiveness of the approach or project and to provide accountability Street, SW., Room 7041, Potomac Center strategies employed by the project. information both about the success at Plaza, Washington, DC 20202–4260. 5. The extent to which project the initial site or sites and about The Application Control Center participants are to be selected on the effective strategies for replication in accepts hand deliveries daily between basis of academic excellence. other settings? 8:00 a.m. and 4:30:00 p.m., Washington, Note: The Secretary encourages applicants C. Significance (20 points). The DC time, except Saturdays, Sundays, to address this criterion by discussing the Secretary considers the significance of and Federal holidays. overall project framework. The applicant is the proposed project. In determining the Note for Mail or Hand Delivery of Paper encouraged to identify its proposed partner significance of the proposed project, the or partners; its capacity to prepare leaders for Applications: If you mail or hand deliver Secretary considers the following your application to the Department— schools in high-need LEAs; criteria for selecting and assessing program participants; factors: (1) You must indicate on the envelope and implementation strategies including the 1. The potential contribution of the and—if not provided by the Department—in processes, tools, and protocols to be used in proposed project to increased Item 11 of the SF 424 the CFDA number, selecting, preparing, assessing, and including suffix letter, if any, of the knowledge or understanding of supporting leaders to significantly improve educational problems, issues, or competition under which you are submitting schools in high-need LEAs. The Secretary your application; and effective strategies. also encourages applicants to describe their 2. The likelihood that the proposed (2) The Application Control Center will proposed program delivery strategies, such as mail to you a notification of receipt of your (1) Plans for participants to have school- project will result in system change or grant application. If you do not receive this based work experiences or serve as residents improvement. grant notification within 15 business days with experienced, highly effective school 3. The importance or magnitude of the from the application deadline date, you leaders, (2) plans for participants to receive results or outcomes likely to be attained should call the U.S. Department of Education intensive induction support, including by the proposed project, especially Application Control Center at (202) 245– mentoring and coaching, and (3) placement improvements in teaching and student 6288. and retention strategies that include follow- achievement. up support. V. Application Review Information Note: Applicants are encouraged to B. Quality of the project evaluation describe how the proposed project will affect 1. Selection Criteria: The selection (25 points). The Secretary considers the teaching and student learning in the criteria for this program are from 34 CFR quality of the evaluation to be proposed service area, and, in particular, 75.210. The maximum score for all of conducted of the proposed project. In how it will enable the LEA to meet its need the selection criteria is 100 points. The determining the quality of the for principals who have the skills and maximum score for each criterion is evaluation, the Secretary considers the competencies necessary to significantly indicated in parentheses. Each criterion following factors: improve schools in high-need LEAs. also includes the factors that the 1. The extent to which the methods of D. Quality of the management plan reviewers will consider in determining evaluation include the use of objective (10 points). The Secretary considers the how well an application meets the performance measures that are clearly quality of the management plan for the criterion. Any notes following a related to the intended outcomes of the proposed project. In determining the selection criterion are intended to project and will produce quantitative quality of the management plan for the provide guidance to help applicants in and qualitative data to the extent proposed project, the Secretary preparing their applications only, and possible. considers the following factors:

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1. The adequacy of the management 3. Reporting: At the end of your Register. Free Internet access to the official plan to achieve the objectives of the project period, you must submit a final edition of the Federal Register and the Code proposed project on time and within performance report, including financial of Federal Regulations is available on GPO budget, including clearly defined information, as directed by the Access at: http://www.gpoaccess.gov/nara/ index.html. responsibilities, timelines, and Secretary. If you receive a multi-year milestones for accomplishing project award, you must submit an annual Dated: February 2, 2010. tasks. performance report that provides the James H. Shelton, III, 2. How the applicant will ensure that most current performance and financial Assistant Deputy Secretary for Innovation and a diversity of perspectives are brought to expenditure information as directed by Improvement. bear in the operation of the proposed the Secretary under 34 CFR 75.118. The [FR Doc. 2010–2561 Filed 2–4–10; 8:45 am] project, including those of parents, Secretary may also require more BILLING CODE 4000–01–P teachers, the business community, a frequent performance reports under 34 variety of disciplinary and professional CFR 75.720(c). For specific fields, recipients or beneficiaries of requirements on reporting, please go to DEPARTMENT OF EDUCATION services, or others, as appropriate. http://www.ed.gov/fund/grant/apply/ 3. The adequacy of procedures for appforms/appforms.html. National Assessment of Educational ensuring feedback and continuous 4. Performance Measures: The Progress (NAEP) in Reading improvement in the operation of the Secretary has established two proposed project. performance measures for assessing the AGENCY: U.S. Department of Education, National Assessment Governing Board. Note: The Secretary encourages applicants effectiveness of the SLP: (1) the to address this criterion by providing such percentage of participants who become ACTION: Notice of opportunity for public information as: certified principals including assistant comment for evaluating and finalizing • The title, responsibilities, and time principals who are then placed and achievement levels definitions for the commitment of each key individual helping retained in schools in high-need LEAs, National Assessment of Educational implement the project’s goals and objectives. and (2) the percentage of principals Progress (NAEP) in Reading. • A year-to-year timeline for undertaking including assistant principals who important project activities, with benchmarks SUMMARY: The National Assessment for determining whether the project is participate in professional activities, Governing Board is soliciting public achieving its stated goals and objectives. show an increase in their pre-post comment and recommendations for • The strategies for monitoring whether or scores on a standardized measure of improvements to the achievement levels not the project is meeting its goals and principal skills, and are retained in their definitions for the National Assessment objectives, and for making mid-course positions in schools in high-need LEAs of Educational Progress (NAEP) in corrections, as appropriate. for at least two years. Grantees will be • The strategies for including the reading. These achievement levels expected to provide data on each definitions describe the reading skills identified partners and other stakeholders in component of the two measures. meeting the project’s goals and objectives. and abilities that students should • Evidence of committed engagement by VII. Agency Contacts demonstrate at each achievement level. identified partners. Public and private parties and FOR FURTHER INFORMATION CONTACT: 2. Applicant’s Past Performance and organizations are invited to provide Beatriz Ceja, U.S. Department of Compliance History: In accordance with written comments and Education, 400 Maryland Avenue, SW., 34 CFR 75.217(d)(3)(ii), the Secretary recommendations. Voluntary room 4W210, Washington, DC 20202– may consider an applicant’s past participation by all interested parties is 5960. Telephone: (202) 205–5009 or by performance and compliance history urged. This notice sets forth the review e-mail: when evaluating applications and in schedule, identifies the kind of [email protected]. making funding decisions. information that the Governing Board is If you use a TDD, call the FRS, toll required to verify regarding VI. Award Administration Information free, at 1–800–877–8339. achievement levels, and provides 1. Award Notices: If your application VIII. Other Information information for accessing additional is successful, we notify your U.S. materials that will be useful for this Representative and U.S. Senators and Accessible Format: Individuals with review. This document is intended to send you a Grant Award Notification disabilities can obtain this document notify members of the general public of (GAN). We may notify you informally, and a copy of the application package in their opportunity to provide comment. an accessible format (e.g., braille, large also. Background If your application is not evaluated or print, audiotape, or computer diskette) not selected for funding, we notify you. on request to the program contact Under Public Law 107–279, the 2. Administrative and National Policy person listed under FOR FURTHER National Assessment Governing Board Requirements: We identify INFORMATION CONTACT in section VII of (NAGB) is authorized to formulate administrative and national policy this notice. policy guidelines for NAEP. The requirements in the application package Electronic Access to This Document: legislation specifies that the Governing and reference these and other You can view this document, as well as Board is to develop appropriate student requirements in the Applicable all other documents of this Department achievement levels for each subject and Regulations section of this notice. published in the Federal Register, in grade tested, as provided in section We reference the regulations outlining text or Adobe Portable Document 303(e). Such levels are determined by the terms and conditions of an award in Format (PDF) on the Internet at the identifying the knowledge that can be the Applicable Regulations section of following site: http://www.ed.gov/news/ measured and verified objectively using this notice and include these and other fedregister. To use PDF you must have widely accepted professional specific conditions in the GAN. The Adobe Acrobat Reader, which is assessment standards; and developing GAN also incorporates your approved available free at this site. achievement levels that are consistent application as part of your binding Note: The official version of this document with relevant widely accepted commitments under the grant. is the document published in the Federal professional assessment standards and

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based on the appropriate level of subject (4) Focus Questions: Finally, some of all other documents of this Department matter knowledge for grade levels to be the aspects of the achievement levels published in the Federal Register, in assessed, or the age of the students, as descriptions that the Governing Board text or Adobe Portable Document the case may be. must address are included. All Format (PDF) on the Internet at the In preparation for reporting the results comments will be appreciated, and your following site: http://www.ed.gov/news/ of the new assessment of reading at comments on and recommendations fedregister/index.html. To use PDF you grades 4, 8, and 12, the Governing Board regarding these aspects will be must have Adobe Acrobat Reader, convened panels of reading content especially appreciated. which is available free at this site. If you experts to participate in a study for The Board is seeking comment from have questions about using PDF, call the producing draft achievement levels policymakers, teachers, researchers, U.S. Government Printing Office (GPO), descriptions. The Governing Board state and local reading specialists, toll free at 1–888–293–6498; or in the seeks comment on the draft members of professional reading and Washington, DC, area at (202) 512–1530. teacher organizations, and members of achievement levels descriptions and Note: The official version of this document recommendations for improvements. All the public. is the document published in the Federal responses will be taken into It is anticipated that the finalized Register. Free Internet access to the official consideration before finalizing the achievement levels descriptions will be edition of the Federal Register and the Code definitions for Board adoption. Once presented for approval at the Governing of Federal Regulations is available on GPO adopted, these descriptions will be used Board meeting on March 4–6, 2010. Access at: http://www.gpoaccess.gov/nara/ in reporting performance on NAEP Timelines index.html. relative to the achievement levels in Comments must be received by Dated: February 2, 2010. 2009 and for all subsequent assessments February 10, 2010 and sent to: Mary Crovo, until a new framework is developed for National Assessment Governing Board, Deputy Executive Director, National the reading NAEP. 800 North Capitol Street, NW., Suite Assessment Governing Board, U.S. Review Materials for Comment and 825, Washington, DC 20002, Department of Education. Review Attention: Susan Loomis: Public [FR Doc. 2010–2550 Filed 2–4–10; 8:45 am] Comment, FAX: (202) 357–6945, E- BILLING CODE 4000–01–P Materials for this review are located at mail: [email protected]. http://www.nagb.org/newsroom/release/ release-012710.htm. FOR FURTHER INFORMATION CONTACT: (1) Policy Definitions: The Governing Susan Loomis, National Assessment DEPARTMENT OF ENERGY Board adopted policy definitions of Governing Board, 800 North Capitol student performance that identify in Street, NW., Suite 825, Washington, DC [Case No. CAC–022] very general terms what is meant by 20002–4233, Telephone: (202) 357– 6940. Energy Conservation Program for Basic, Proficient, and Advanced Consumer Products: Decision and achievement levels. These policy SUPPLEMENTARY INFORMATION: Order Granting a Waiver to Hallowell definitions apply for any subject and Specific questions that the Board International (Hallowell) From the grade assessed in NAEP, and they are seeks responses to include the Department of Energy Residential used for developing the achievement following: Central Air Conditioner and Heat Pump levels descriptions to be used in 1. How well do the reading Test Procedures reporting NAEP results in a specific achievement levels descriptions (ALDs) for each grade and level represent the subject and grade—such as for the 2009 AGENCY: Office of Energy Efficiency and policy definitions overall? You may reading NAEP at grades 4, 8, and 12. Renewable Energy, Department of want to address each grade level The policy definitions are posted on the Energy. web site for this review. separately. 2. Does the progression within each ACTION: Decision and order. (2) Draft Achievement Level grade from Basic to Proficient to Descriptions for Reading: The draft SUMMARY: Advanced in the reading skills that This notice publishes the U.S. achievement levels descriptions for students should demonstrate seem Department of Energy’s (DOE) decision reading at the Basic, Proficient, and reasonable? and order in Case No. CAC–022. DOE Advanced levels for grades 4, 8, and 12. 3. Does the progression across the grants a waiver to Hallowell from the The achievement levels descriptions three grade levels of reading skills existing DOE test procedure applicable (ALDs) were written to describe how required for performance within each to residential central air conditioners students should be able to perform on achievement level (Basic/Proficient/ and heat pumps. The waiver pertains to the reading NAEP assessment in order Advanced) seem reasonable? Hallowell’s boosted compression heat to demonstrate achievement that the 4. Is the relative emphasis of the pumps, a product line that uses three- Governing Board has defined as Basic, cognitive targets in the achievement stage technology to enable efficient Proficient, and Advanced for NAEP. levels descriptions appropriate for each heating at very low outdoor (3) Reading Framework: In addition to achievement level and grade? temperatures. The existing test the policy definitions of Basic, 5. Finally, are the achievement procedure accounts for two-capacity Proficient, and Advanced achievement, definitions useful, i.e., do they convey operation, but not three-capacity the achievement levels descriptions an understanding of what students operation. Therefore, Hallowell has must represent the framework used for should be able to do in reading at the suggested an alternate test procedure to developing the reading NAEP. Please different grade levels? calculate the heating performance of its see chapter 2 of the Reading Framework Your comments and three-stage boosted compression for the 2009 National Assessment of recommendations for improving the products. As a condition of this waiver, Educational Progress for more achievement levels descriptions will be Hallowell must test and rate its boosted information about the NAEP reading appreciated. compression heat pump products assessment and details regarding the Electronic Access to This Document: according to the alternate test procedure cognitive targets assessed. You may view this document, as well as set forth in this notice.

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DATES: This decision and order is authority to require information and compression products that use three- effective February 5, 2010. reports from manufacturers. Further, speed compressor technology, stating FOR FURTHER INFORMATION CONTACT: Dr. Part A authorizes the Secretary of that the existing test procedure is Michael G. Raymond, U.S. Department Energy to prescribe test procedures that applicable only to products with one- of Energy, Building Technologies are reasonably designed to produce and two-speed compressors. Hallowell Program, Mailstop EE–2J, 1000 results that measure energy efficiency, included an alternate test procedure in Independence Avenue, SW., energy use, or estimated annual its July 29, 2008, submittal, but DOE Washington, DC 20585–0121. operating costs, and that are not unduly advised Hallowell that the alternate Telephone: (202) 586–9611. E-mail: burdensome to conduct. (42 U.S.C. procedure was incomplete. On April 25, [email protected]. 6293(b)(3)). 2009, Hallowell submitted a revised Francine Pinto, U.S. Department of Today’s notice involves residential petition and alternate test procedure. On Energy, Office of the General Counsel, products under Part A. Relevant to the May 29, 2009, Hallowell submitted a Mail Stop GC–71, 1000 Independence current petition for waiver, the test revised petition with additional Avenue, SW., Washington, DC 20585– procedure for residential central air evidence of financial hardship. On 0103. Telephone: (202) 586–7432. E- conditioners and heat pumps is December 2, 2009, DOE granted mail: [email protected]. contained in 10 CFR part 430, subpart Hallowell an interim waiver and B, appendix M. SUPPLEMENTARY INFORMATION: In published Hallowell’s petition for DOE’s regulations allow a person to accordance with Title 10 of the Code of waiver. 74 FR 63131. DOE received no seek a waiver from the test procedure comments on the Hallowell petition. Federal Regulations (10 CFR) 430.27(l), requirements for covered consumer DOE gives notice of the issuance of its products, when the petitioner’s basic Assertions and Determinations decision and order as set forth below. In model contains one or more design Hallowell’s Petition for Waiver this decision and order, DOE grants characteristics that prevent testing Hallowell a waiver from the applicable according to the prescribed test Hallowell seeks a waiver from the residential central air conditioner and procedure, or when they may evaluate DOE test procedures because its boosted heat pump test procedures at 10 CFR the basic model in a manner so compression heat pump systems contain part 430 subpart B, appendix M, for unrepresentative of its true energy design characteristics that prevent certain basic models of its three-stage consumption characteristics as to testing according to the current DOE test boosted compression heat pumps, provide materially inaccurate procedure. The DOE test procedure provided that Hallowell tests and rates comparative data. 10 CFR 430.27(a)(1). covers systems with a single speed, with such products using the alternate test Petitioners must include in their two steps or stages of modulation, and procedure described in this notice. petition any alternate test procedures with continuous modulation over a Further, today’s decision requires that known to the petitioner to evaluate the finite range through the incorporation of Hallowell may not make any basic model in a manner representative a variable-speed or digital compressor. representations concerning the energy of its energy consumption Hallowell’s product deviates from the efficiency of these products unless such characteristics. 10 CFR 430.27(b)(1)(iii). anticipated form—a system whose product has been tested consistent with The Assistant Secretary for Energy performance falls between that of a two- the provisions and restrictions in the Efficiency and Renewable Energy (the capacity system and a conventional alternate test procedure set forth in the Assistant Secretary) may grant a waiver variable-capacity system—because the decision and order below, and such subject to conditions, including three-capacity capability is limited to representations fairly disclose the adherence to alternate test procedures. heating mode operation. Moreover, the results of such testing. (42 U.S.C. 10 CFR 430.27(l). Waivers remain in additional stage of heating capacity is 6314(d)) Distributors, retailers, and effect pursuant to the provisions of 10 used specifically at the lowest outdoor private labelers are held to the same CFR 430.27(m). temperatures to maximize the total standard when making representations The waiver process also allows any heating contributed by the heat pump, regarding the energy efficiency of these interested person who has submitted a relative to the total heating supplied by products. (42 U.S.C. 6293(c)). petition for waiver to file an application the auxiliary heat source (usually Issued in Washington, DC, on January 29, for interim waiver of the applicable test electric resistance). Another unique 2010. procedure requirements. 10 CFR feature of Hallowell’s low-temperature Cathy Zoi, 430.27(a)(2). The Assistant Secretary heat pump system is that for any given Assistant Secretary, Energy Efficiency and will grant an interim waiver request if outdoor temperature, only two stages of Renewable Energy. it is determined that the applicant will heating are permitted; one stage is experience economic hardship if the always locked out. Hallowell’s three- Decision and Order interim waiver is denied, if it appears speed boosted compression heat pumps In the Matter of: Hallowell likely that the petition for waiver will be are also capable of efficient operation at International (Hallowell) (Case No. granted, and/or the Assistant Secretary much lower temperatures than two- CAC–022). determines that it would be desirable for speed heat pumps (Hallowell measured public policy reasons to grant a coefficient of performance of 2.1 at Background immediate relief pending a ¥15 °F), making them potentially very Title III of the Energy Policy and determination on the petition for desirable for heating in cold climates. Conservation Act sets forth a variety of waiver. 10 CFR 430.27(g). Rating Hallowell’s boosted provisions concerning energy efficiency. On July 29, 2008, Hallowell filed a compression products requires modified Part A of Title III provides for the petition for waiver and an application calculation algorithms and testing at an ‘‘Energy Conservation Program for for interim waiver from the test additional, lower temperature to capture Consumer Products Other Than procedures applicable to residential the effect on both capacity and power of Automobiles.’’ (42 U.S.C. 6291–6309) central air conditioners and heat pumps, the additional stage/level of heating Part A includes definitions, test found at 10 CFR part 430, subpart B, operation. The building load assigned procedures, labeling provisions, energy appendix M. Hallowell requested the within the heating seasonal performance conservation standards, and the waiver for its residential boosted factor (HSPF) calculation requires

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evaluation based on the case where the compressor capacity tests at 47°F and compression models on the basis of the high-stage compressor capacity for 17°F; therefore the algorithm used to current test procedures contained in 10 heating exceeds the high-stage calculate HSPF was modified to create CFR part 430, subpart B, appendix M, compressor capacity for cooling. a more accurate performance map. but shall be required to test and rate Finally, the test procedure must account DOE notes that the existing DOE test such products according to the alternate for the control feature that limits the procedure accurately covers the 2 speed test procedure as set forth in paragraph number of heating mode capacity levels air conditioning performance of the (3) below: to two for any given outdoor Hallowell product because the Booster ACADIA024, ACADIA036, ACADIA048, temperature. The Hallowell alternate Compressor is not allowed to operate in 36C35H, 42C46H, ACHP03642, test procedure is a logical extension of cooling mode, effectively making the ACHP02431 DOE’s two-capacity test method to cover system a standard two speed air Hallowell’s three-capacity compressor. conditioner. Therefore, the waiver is (3) Alternate Test Procedure The two (of three potential) active stages applicable only to heating mode. Add section 3.6.6 to address the of heating capacity available for each Consultations With Other Agencies bin temperature calculation are based heating mode tests conducted on units on Hallowell’s control logic. The HSPF DOE consulted with the Federal Trade having a triple-capacity compressor. algorithm follows the algorithm in the Commission (FTC) staff concerning the 3.6.6 Tests for a heat pump having a DOE test procedure used for two- Hallowell Petition for Waiver. The FTC triple-capacity compressor. Test triple- capacity heat pumps. staff did not have any objections to the capacity, northern heat pumps for the issuance of a waiver to Hallowell. In the DOE test procedure, heating heating mode as follows: mode tests are conducted at 62°F, 47°F, Conclusion a. Conduct one Maximum ° ° 35 F, and 17 F. This method does not After careful consideration of all the Temperature Test (H01), two High collect enough operating characteristics materials submitted by Hallowell, the Temperature Tests (H12 and H11), two to create an accurate trend, and does not absence of any comments, and Frost Accumulation Tests (H22 and consider the performance of 3-speed consultation with the FTC staff, it is H21), three Low Temperature Tests (H31, equipment at cold temperatures, so an ordered that: H32, and H33), and one Minimum additional test point at 0°F is added. (1) The ‘‘Petition for Waiver’’ filed by Temperature Test (H43). An alternative The DOE test procedure also linearly Hallowell International (Hallowell) to conducting the H21 Frost k=1 interpolates to capture the effect of (Case No. CAC–022) is hereby granted as Accumulation Test to determine Q˙ h k=3 varying outdoor temperature. The set forth in the paragraphs below. (35) and E˙ h (35) is to use the Hallowell product uses a different (2) Hallowell shall not be required to following equations to approximate this system configuration for the high test or rate the following boosted capacity and electrical power:

In evaluating the above equations, default equations is not forfeited. Use Conducting a Frost Accumulation k=1 k=1 k=1 determine the quantities Q˙ h (47) and the paired values of Q˙ h (35) and E˙ h Test (H23) with the heat pump operating k=1 E˙ h (47) from the H11 Test and (35) derived from conducting the H21 at its booster capacity is optional. If this evaluate them according to Section 3.7. Frost Accumulation Test and evaluated optional test is not conducted, ˙ k=1 k=3 k=3 Determine the quantities Qh (17) and as specified in section 3.9.1 or use the determine Q˙ h (35) and E˙ h (35) using ˙ k=1 Eh (17) from the H31 Test and paired values calculated using the above the following equations to approximate evaluate them according to Section 3.10. default equations, whichever paired this capacity and electrical power: If the manufacturer conducts the H21 values contribute to a higher Region IV Test, the option of using the above HSPF based on the DHRmin.

Where,

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k=2 Determine the quantities Q˙ h (47) and (17) from the H33 Test, and determine the Accumulation Test and calculated as k=2 k=3 k=3 E˙ h (47)from the H12 Test and evaluate quantities Q˙ h (2) and E˙ h (2) from the H43 specified in section 3.9.1 or use the paired them according to Section 3.7. Determine the Test. Evaluate all six quantities according to values calculated using the above default k=2 k=2 quantities Q˙ h (35) and E˙ h (35) from the Section 3.10. If the manufacturer conducts equations, whichever paired values H22 Test and evaluate them according to the H23 Test, the option of using the above contribute to a higher Region IV HSPF based k=2 Section 3.9.1. Determine the quantities Q˙ h default equations is not forfeited. Use the on the DHRmin. k=2 k=3 k=3 (17) and E˙ h (17) from the H32 Test, paired values of Q˙ h (35) and E˙ h (35) Table A specifies test conditions for k=3 k=3 determine the quantities Q˙ h (17) and E˙ h derived from conducting the H23 Frost all thirteen tests.

TABLE A—HEATING MODE TEST CONDITIONS FOR UNITS HAVING A TRIPLE-CAPACITY COMPRESSOR

Air entering indoor Air entering outdoor unit temperature (°F) unit temperature (°F) Compressor Heating air volume Test description capacity Booster rate Dry bulb Wet bulb Dry bulb Wet bulb

(max) 1 H01 Test (required, steady) ...... 70 60 62 56 .5 Low ...... Off ...... Heating Minimum. (max) 2 H12 Test (required, steady) ...... 70 60 47 43 High...... Off ...... Heating Full-Load. (max) 3 H1C2 Test (optional, cyclic) ...... 70 60 47 43 High...... Off ...... ( ). (max) 1 H11 Test (required) ...... 70 60 47 43 Low...... Off ...... Heating Minimum. (max) 4 H1C1 Test (optional, cyclic) ...... 70 60 47 43 Low...... Off ...... ( ). (max) 2 H23 Test (optional, steady) ...... 70 60 35 33 High...... On ...... Heating Full-Load. (max) 2 H22 Test (required) ...... 70 60 35 33 High...... Off ...... Heating Full-Load. (56) (max) 1 H21 Test (required) ...... 70 60 35 33 Low...... Off ...... Heating Minimum. (max) 2 H32 Test (required, steady) ...... 70 60 17 15 High...... On ...... Heating Full-Load. (max) 7 H3C3 Test (optional, cyclic) ...... 70 60 17 15 High...... On ...... ( ). (max) 2 H32 Test (required, steady) ...... 70 60 17 15 High...... Off ...... Heating Full-Load. (5) (max) 1 H31 Test (required, steady) .... 70 60 17 15 Low...... Off ...... Heating Minimum. (max) 2 H43 Test (required, steady) ...... 70 60 0 ¥2 High ...... On ...... Heating Full-Load. 1 Defined in section 3.1.4.5. 2 Defined in section 3.1.4.4. 3 Maintain the airflow nozzle(s) static pressure difference or velocity pressure during the ON period at the same pressure or velocity as meas- ured during the H12 Test. 4 Maintain the airflow nozzle(s) static pressure difference or velocity pressure during the ON period at the same pressure or velocity as meas- ured during the H11 Test. 5 Required only if the heat pump’s performance when operating at low compressor capacity and outdoor temperatures less than 37 °F is need- ed to complete the section 4.2.6 HSPF calculations. 6 k=1 k=1 If table note #5 applies, the section 3.6.3 equations for Q˙ h (35) and E˙ h (17) may be used in lieu of conducting the H21 Test. 7 Maintain the airflow nozzle(s) static pressure difference or velocity pressure during the ON period at the same pressure or velocity measured during the H33 Test.

Section 4.2.3 of appendix M shall be a. Evaluate the space heating capacity stage call from the thermostat (k=2) revised to read as follows: and electrical power consumption of the using: 4.2.3. Additional steps for calculating heat pump at outdoor temperature Tj BILLING CODE 6450–01–P the HSPF of a heat pump having a and with a first stage call from the triple-capacity compressor. * * * thermostat (k=1), and with a second

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BILLING CODE 6450–01–C

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(4) Representations. Hallowell may 99352; Phone: (509) 376–2048; or E- DEPARTMENT OF ENERGY make representations about the energy mail: [email protected]. use of its boosted compression three- SUPPLEMENTARY INFORMATION: Federal Energy Regulatory stage central air conditioners and heat Purpose of the Board: The purpose of Commission pump products, for compliance, the Board is to make recommendations [Project No. 10808–043] marketing, or other purposes, only to to DOE–EM and site management in the the extent that such products have been areas of environmental restoration, Boyce Hydro Power, LLC; Notice of tested in accordance with the provisions waste management, and related Application for Amendment of License outlined above, and such activities. and Soliciting Comments, Motions To representations fairly disclose the Tentative Agenda: Intervene, and Protests results of such testing. • Review by technical expert on his January 29, 2010. (5) This waiver shall remain in effect analysis of remediation alternatives from the date of issuance of this order Take notice that the following examined in the Draft Tank Closure hydroelectric application has been filed consistent with the provisions of 10 CFR (TC) and Waste Management (WM) 430.27(m). with the Commission and is available Environmental Impact Statement (EIS) for public inspection: (6) This waiver is conditioned upon • Overview of the Draft TC and WM EIS the presumed validity of statements, a. Application Type: Temporary findings by other stakeholder groups Amendment of License. representations, and documentary • Discussion of HAB member comments materials provided by the petitioner. b. Project No.: 10808–043. on the TC and WM EIS c. Date Filed: September 2, 2009, and This waiver may be revoked or modified • Development of HAB advice at any time upon a determination that supplemented on November 4, 2009. principles d. Applicant: Boyce Hydro Power, the factual basis underlying the petition • Adjourn for waiver is incorrect, or DOE LLC (BHP). e. Name of Project: Edenville determines that the results from the Public Participation: The meeting is Hydroelectric Project. alternate test procedure are open to the public. The EM SSAB, f. Location: The project is located on unrepresentative of the basic models’ Hanford, welcomes the attendance of the Tittabawassee River in Gladwin and true energy consumption characteristics. the public at its advisory subcommittee meetings and will make every effort to Midland Counties, Michigan. Issued in Washington, DC, on January 29, accommodate persons with physical g. Filed Pursuant to: Federal Power 2010. disabilities or special needs. If you Act, 16 U.S.C. 791a–825r. Cathy Zoi, require special accommodations due to h. Applicant Contact: Frank Christie, Assistant Secretary, Energy Efficiency and a disability, please contact Paula Call at General Manager, Boyce Hydro Power, Renewable Energy. least seven days in advance of the LLC, 6000 South M–30, P.O. Box 15, [FR Doc. 2010–2515 Filed 2–4–10; 8:45 am] meeting at the phone number listed Edenville, Michigan 48624; telephone BILLING CODE 6450–01–P above. Written statements may be filed (989) 689–3161. with the Board either before or after the i. FERC Contact: Anthony DeLuca, meeting. Individuals who wish to make telephone: (202) 502–6632, and e-mail: DEPARTMENT OF ENERGY oral statements pertaining to agenda [email protected]. items should contact Paula Call at the j. Deadline for filing comments, Environmental Management Site- motions to intervene, and protests: Specific Advisory Board, Hanford address or telephone number listed above. Requests must be received five March 1, 2010. AGENCY: Department of Energy. days prior to the meeting and reasonable Comments, protests, and interventions may be filed electronically ACTION: Notice of open meeting. provision will be made to include the presentation in the agenda. The Deputy via the Internet in lieu of paper. See 18 SUMMARY: This notice announces a Designated Federal Officer is CFR 385.2001(a)(1)(iii) and the meeting of the Environmental empowered to conduct the meeting in a instructions on the Commission’s Web Management Site-Specific Advisory fashion that will facilitate the orderly site (http://www.ferc.gov) under the ‘‘e- Board (EM SSAB), Hanford (known conduct of business. Individuals filing’’ link. The Commission strongly locally as the Hanford Advisory Board wishing to make public comments will encourages electronic filings. [HAB]), River and Plateau, Tank Waste, be provided a maximum of five minutes All documents (original and eight Public Involvement, Health Safety and to present their comments. This notice copies) filed by paper should be sent to: Environmental Protection and Budgets is being published less than 15 days Secretary, Federal Energy Regulatory and Contracts Subcommittees. The prior to the meeting date due to Commission, 888 First Street, NE., Federal Advisory Committee Act (Pub. programmatic issues that had to be Washington, DC 20426. Please include L. 92–463, 86 Stat. 770) requires that resolved prior to the meeting date. the project number (P–10808–043) on public notice of this meeting be Minutes: Minutes will be available by any comments or motions filed. announced in the Federal Register. writing or calling Paula Call’s office at The Commission’s Rules of Practice the address or phone number listed and Procedure require all interveners DATES: Tuesday, February 16, 2010–1 filing documents with the Commission p.m.–5 p.m., Wednesday, February 17, above. Minutes will also be available at the following Web site: http:// to serve a copy of that document on 2010—8:30 a.m.–4 p.m. each person whose name appears on the ADDRESSES: Hampton Inn, Columbia www.hanford.gov/ ?page=413&parent=397. official service list for the project. Pointe Ballroom, 486 Bradley, Richland, Further, if an intervener files comments WA. Issued at Washington, DC, on February 1, or documents with the Commission 2010. FOR FURTHER INFORMATION CONTACT: relating to the merits of an issue that Paula Call, Federal Coordinator, Rachel Samuel, may affect the responsibilities of a Department of Energy Richland Deputy Committee Management Officer. particular resource agency, they must Operations Office, 825 Jadwin Avenue, [FR Doc. 2010–2517 Filed 2–4–10; 8:45 am] also serve a copy of the document on P.O. Box 550, A7–75, Richland, WA, BILLING CODE 6405–01–P that resource agency. A copy of any

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motion to intervene must also be served A copy of the application may be information on how to submit these upon each representative of the obtained by agencies directly from the types of filings please go to the Applicant specified in the particular Applicant. If an agency does not file Commission’s Web site located at application. comments within the time specified for http://www.ferc.gov/filing- k. Description of Request: The filing comments, it will be presumed to comments.asp. More information about licensee requests a temporary variance have no comments. One copy of an this project can be viewed or printed on from article 403, the bypass flow agency’s comments must also be sent to the eLibrary link of the Commission’s requirement, at the Edenville spillway the Applicant’s representatives. Web site at http://www.ferc.gov/docs- for the 5 or 6 weeks it will take to filing/elibrary.asp. Enter the docket Kimberly D. Bose, construct the footings and first lift of the number (P–10674) in the docket number retaining walls. BHP states that shutting Secretary. field to access the document. For off the bypass flow will allow them to [FR Doc. 2010–2484 Filed 2–4–10; 8:45 am] assistance, call toll-free 1–866–208– accomplish their work in the dry and BILLING CODE 6717–01–P 3372. eliminate the need for cofferdams, thus reducing the potential for contamination Kimberly D. Bose, downstream. DEPARTMENT OF ENERGY Secretary. l. Locations of the Application: A [FR Doc. 2010–2483 Filed 2–4–10; 8:45 am] Federal Energy Regulatory copy of the application is available for BILLING CODE 6717–01–P inspection and reproduction at the Commission Commission’s Public Reference Room, [Project No. 10674–015] located at 888 First Street, NE., Room DEPARTMENT OF ENERGY 2A, Washington, DC 20426, or by calling NewPage Wisconsin System Inc., (202) 502–8371. This filing may also be Kaukauna Utilities; Notice of Federal Energy Regulatory viewed on the Commission’s Web site at Application for Transfer of License and Commission http://www.ferc.gov using the ‘‘eLibrary’’ Soliciting Comments and Motions To link. Enter the docket number excluding Intervene Notice of Attendance at NYISO the last three digits in the docket Meetings January 29, 2010. number field to access the document. January 29, 2010. You may also register online at http:// On January 25, 2010, NewPage Wisconsin System Inc. (transferor) and The Federal Energy Regulatory www.ferc.gov/docs-filing/ Commission hereby gives notice that esubscription.asp to be notified via Kaukauna Utilities (transferee) filed an application for transfer of license of the members of the Commission and e-mail of new filings and issuances Commission staff may attend the related to this or other pending projects. Kimberly Project No. 10674 located on the Fox River in Outagamie County, following upcoming NYISO meetings: For assistance, call 1–866–208–3372 or • Wisconsin. NYISO Business Issues Committee e-mail [email protected], • The transferor and transferee seek February 3, 2010 (Rensselaer, NY) for TTY, call (202) 502–8659. A copy is • Commission approval to transfer the March 10, 2010 (Rensselaer, NY) also available for inspection and • April 7, 2010 (Rensselaer, NY) reproduction at the address in item (h) license for the Kimberly Project from the • transferor to the transferee. May 5, 2010 (Rensselaer, NY) above. • June 2, 2010 (Rensselaer, NY) m. Individuals desiring to be included Applicant Contacts: For transferor: • Ronald O. Guay, NewPage Wisconsin NYISO Management Committee on the Commission’s mailing list should • February 24, 2010 (Rensselaer, NY) System Inc., 35 Hartford Street, so indicate by writing to the Secretary • March 24, 2010 (Rensselaer, NY) of the Commission. Rumford, ME 04276, (937) 369–2932, • April 21, 2010 (Rensselaer, NY) n. Comments, Protests, or Motions To and Amy S. Koch, Patton Boggs LLP, • May 20, 2010 (Rensselaer, NY) Intervene: Anyone may submit 2550 M Street, NW., Washington, DC • June 15, 2010 (Rensselaer, NY) comments, a protest, or a motion to 20037, (202) 457–5618. For transferee: • NYISO Annual Meeting June 14, 2010 intervene in accordance with the Mike Pedersen, Kaukauna Utilities, 777 (Bolton Landing, NY) requirements of Rules of Practice and Island Street, Kaukauna, WI 54130, • NYISO ICAP Working Group Procedure, 18 CFR 385.210, .211, .214. (920) 766–5721, and Nancy J. Skancke, • February 12, 2010 (Rensselaer, NY) In determining the appropriate action to Law Offices of GKRSE, 1500 K St., NW. • March 15, 2010 (Rensselaer, NY) take, the Commission will consider all Suite 330, Washington, DC 20005, (202) • April 23, 2010 (Rensselaer, NY) protests or other comments filed, but 408–5400. • May 14, 2010 (Rensselaer, NY) only those who file a motion to FERC Contact: Steven Sachs, (202) • June 17, 2010 (Rensselaer, NY) intervene in accordance with the 502–8666 or [email protected]. • NYISO Operating Committee Commission’s Rules may become a Deadline for filing comments and • February 26, 2010 (Rensselaer, NY) party to the proceeding. Any comments, motions to intervene: 30 days from the • March 11, 2010 (Rensselaer, NY) protests, or motions to intervene must issuance of this notice. Comments and • April 8, 2010 (Rensselaer, NY) be received on or before the specified motions to intervene may be filed • May 6, 2010 (Rensselaer, NY) comment date for the particular electronically via the Internet. See 18 • June 3, 2010 (Rensselaer, NY) application. CFR 385.2001(a)(1)(iii)(2009) and the • NYISO Transmission Planning o. Any filings must bear in all capital instructions on the Commission’s Advisory Subcommittee letters the title ‘‘COMMENTS’’, website under the ‘‘e-Filing’’ link. If • February 19, 2010 (Rensselaer, NY) ‘‘PROTEST’’, or ‘‘MOTION TO unable to be filed electronically, • March 29, 2010 (Rensselaer, NY) INTERVENE’’, as applicable, and the documents may be paper-filed. To • April 29, 2010 (Rensselaer, NY) Project Number of the particular paper-file, an original and eight copies • May 26, 2010 (Rensselaer, NY) • application to which the filing refers. should be mailed to: Kimberly D. Bose, June 25, 2010 (Rensselaer, NY) p. Agency Comments: Federal, state, Secretary, Federal Energy Regulatory For additional meeting information, and local agencies are invited to file Commission, 888 First Street, NE., see: http://www.nyiso.com/public/ comments on the described application. Washington, DC 20426. For more committees/calendar/index.jsp

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The discussions at each of the Docket No. ER10–554, New York Project, BPA will construct a new meetings described above may address Independent System Operator, Inc. substation (Central Ferry Substation) on matters at issue in pending proceedings Docket No. ER10–555, New York the Little Goose-Lower Granite 500- including the following: Independent System Operator, Inc. kilovolt transmission lines near the Port Docket Nos. EL07–39 and ER08–695, Docket No. ER10–573, New York of Central Ferry, Washington. This New York Independent System Independent System Operator, Inc. decision to interconnect the Wind Docket No. OA08–52; New York Operator, Inc. Project is consistent with and tiered to Independent System Operator, Inc. Docket No. EL09–57, Astoria Gas BPA’s Business Plan Environmental Docket No. OA09–26, New York Impact Statement (DOE/EIS–0183, June Turbine Power LLC v. New York Independent System Operator, Inc. Independent System Operator, Inc. 1995), and the Business Plan Record of The meetings are open to Docket No. EL10–033, New York Decision (BP ROD, August 1995). stakeholders. For more information, Independent System Operator, Inc. contact Jesse Hensley, Office of Energy ADDRESSES: Copies of this tiered ROD Docket No. ER01–3155, New York Markets Regulation, Federal Energy and the Business Plan EIS may be Independent System Operator, Inc. Regulatory Commission at (202) 502– obtained by calling BPA’s toll-free Docket Nos. ER01–3001–021/ER03– 6228 or [email protected]. document request line, 1–800–622– 647–012 and ER01–3001–022/ER03– 4520. The RODs and EIS are also 647–013, New York Independent Kimberly D. Bose, available on our Web site, http:// System Operator, Inc. Secretary. www.efw.bpa.gov. Docket No. ER04–449, New York [FR Doc. 2010–2482 Filed 2–4–10; 8:45 am] Independent System Operator, Inc. BILLING CODE 6717–01–P FOR FURTHER INFORMATION CONTACT: Tish Docket No. ER04–230, New York Eaton, Bonneville Power Independent System Operator, Inc. Administration—KEC–4, P.O. Box 3621, Docket No. ER07–612, New York DEPARTMENT OF ENERGY Portland, Oregon 97208–3621; toll-free Independent System Operator, Inc. telephone number 1–800–622–4519; fax Docket No. ER08–1281, New York Bonneville Power Administration number 503–230–5699; or e-mail Independent System Operator, Inc. [email protected]. Docket No. ER08–867, New York Electrical Interconnection of the Lower Independent System Operator, Inc. Snake River Wind Energy Project Issued in Portland, Oregon, on January 28, 2010. Docket No. ER09–1142, New York AGENCY: Bonneville Power Independent System Operator, Inc. Stephen J. Wright, Administration (BPA), Department of Administrator and Chief Executive Officer. Docket No. ER09–1204, New York Energy (DOE). [FR Doc. 2010–2518 Filed 2–4–10; 8:45 am] Independent System Operator, Inc. ACTION: Notice of Availability of Record Docket No. ER09–1682, New York of Decision (ROD). BILLING CODE 6450–01–P Independent System Operator, Inc. Docket No. ER09–405, New York SUMMARY: The Bonneville Power Independent System Operator, Inc. Administration (BPA) has decided to DEPARTMENT OF ENERGY Docket No. ER10–65, New York offer Puget Sound Energy Inc., a Large Federal Energy Regulatory Independent System Operator, Inc. Generator Interconnection Agreement Commission Docket No. ER10–119, New York for interconnection of up to 1250 Independent System Operator, Inc. megawatts of power into the Federal Notice of Competing Preliminary Docket No. ER10–603, New York Columbia River Transmission System. Permit Applications Accepted for Independent System Operator, Inc. The power would be generated from Filing and Soliciting Comments, Docket No. ER10–424, New York their proposed Lower Snake River Wind Motions To Intervene, and Competing Independent System Operator, Inc. Energy Project (Wind Project) in Applications Docket No. ER10–290, New York Garfield and Columbia counties, Independent System Operator, Inc. Washington. To interconnect the Wind January 29, 2010.

Brookfield Power United States Generation Development, LLC ...... Project No. 13077–000. Robertson Energy Group, LLC ...... Project No. 13081–000.

Brookfield Power United States issued, is to grant the permit holder combined plant capacity of 24 MW; (2) Generation Development, LLC priority to file a license application an intake channel and a tailrace (Brookfield Power) and Robertson during the permit term. A preliminary channel; (3) an approximately ten miles Energy Group, LLC (Robertson Energy) permit does not authorize the permit long transmission line connecting the filed preliminary permit applications, holder to perform any land disturbing powerhouse to an existing substation; pursuant to section 4(f) of the Federal activities or otherwise enter upon lands and (4) appurtenant facilities. The Power Act, proposing to study the or waters owned by others without the proposed project would have an average feasibility of the George W. Andrews owners’ express permission. annual generation of 89 gigawatt-hours. Hydroelectric Project located at the The proposed Projects description: The proposed George W. Andrews existing George W. Andrews Lock and The proposed George W. Andrews Hydroelectric Project by Robertson Dam on the Chattahoochee River, Early Lock and Dam Hydroelectric Project by Energy (Project No. 13081–000, filed on County, Georgia, and Huston County, Brookfield Power (Project No. 13077– November 21, 2007), would be built on Alabama, near the town of Columbia, 000, filed on November 16, 2007), the Alabama side and would consist of: Alabama. The projects would occupy would be built on the Alabama side and (1) A new powerhouse containing four federal lands under the jurisdiction of would consist of: (1) A new powerhouse new turbine-generators each rated at 4 the U. S. Army Corps of Engineers. The containing four new pit turbine- MW for a total combined plant capacity sole purpose of a preliminary permit, if generators each rated at 6 MW for a total of 16 MW; (2) an intake channel and a

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tailrace channel; (3) an approximately DEPARTMENT OF ENERGY (866) 208–3676 (toll free). For TTY, call ten miles long transmission line (202) 502–8659. Federal Energy Regulatory connecting the powerhouse to an Comment Date: 5 p.m. Eastern time Commission existing substation; and (4) appurtenant on Friday, February 12, 2010. facilities. The proposed project would [Docket No. PR10–6–000] have an average annual generation of 75 Kimberly D. Bose, gigawatt-hours. Arkansas Oklahoma Gas Corporation; Secretary. Applicants Contact: For Brookfield Notice of Petition for Rate Approval [FR Doc. 2010–2481 Filed 2–4–10; 8:45 am] Power: Mr. Jeffrey M. Auser, P.E., BPUS BILLING CODE 6717–01–P January 29, 2010. Generation Development LLC, 225 Take notice that on January 15, 2010, Greenfield Parkway, Suite 201, Arkansas Oklahoma Gas Corporation Liverpool, NY 13088, telephone: (315) DEPARTMENT OF ENERGY (AOG) filed a petition for rate approval 413–2821. For Robertson Energy: Mr. pursuant to section 284.123(b)(2) of the Federal Energy Regulatory James R. Robertson, 5702 Reno Court, Commission’s regulations. AOG Commission Boonsboro, MD 21713, telephone: (301) requests that the Commission approve a 432–7882. decrease in its maximum interruptible [Docket No. CP10–12–000] FERC Contact: Sergiu Serban, (202) transportation rate from $0.1502 to 502–6211. $0.0515 per MMBtu and a decrease for Florida Gas Transmission Company, Deadline for filing comments, motions company fuel use and lost and LLC; Notice of Withdrawal of Staff to intervene, competing applications unaccounted for gas charge from 2.87 Protest to Proposed Blanket Certificate (without notices of intent), or notices of percent to 2.65 percent. Activity Any person desiring to participate in intent to file competing applications: 60 this rate proceeding must file a motion January 29, 2010. days from the issuance of this notice. to intervene or to protest this filing must Commission staff (Protestor) hereby Competing applications and notices of file in accordance with Rules 211 and withdraws its Protest to the Proposed intent must meet the requirements of 18 214 of the Commission’s Rules of Blanket Certificate Activity filed in the CFR 4.36. Comments, motions to Practice and Procedure (18 CFR 385.211 above-referenced proceeding on January intervene, notices of intent, and and 385.214). Protests will be competing applications may be filed considered by the Commission in 7, 2010. electronically via the Internet. See 18 determining the appropriate action to be In its prior notice request filed on CFR 385.2001(a)(1)(iii) and the taken, but will not serve to make October 29, 2009 (in Docket No. CP10– instructions on the Commission’s Web protestants parties to the proceeding. 12–000) and noticed on November 9, site (http://www.ferc.gov/docs-filing/ Any person wishing to become a party 2009,1 Florida Gas Transmission ferconline.asp) under the ‘‘eFiling’’ link. must file a notice of intervention or Company, LLC proposed to replace, For a simpler method of submitting text motion to intervene, as appropriate. upgrade, and relocate portions of the only comments, click on ‘‘Quick Such notices, motions, or protests must existing St. Petersburg and Clearwater Comment.’’ For assistance, please be filed on or before the date as South Laterals and Block Valve 24–10 in contact FERC Online Support at indicated below. Anyone filing an the City of Clearwater, Pinellas County, [email protected]; call toll- intervention or protest must serve a Florida. Protestor protested the prior free at (866) 208–3676; or, for TTY, copy of that document on the Applicant. notice because the U.S. Fish and contact (202) 502–8659. Although the Anyone filing an intervention or protest Wildlife Service (USFWS) had not Commission strongly encourages on or before the intervention or protest determined if the proposed project electronic filing, documents may also be date need not serve motions to intervene would impact any federally listed or protests on persons other than the paper-filed. To paper-file, mail an threatened or endangered species. Applicant. original and eight copies to: Kimberly D. Subsequent to the filing of the protest, The Commission encourages Bose, Secretary, Federal Energy USFWS made a determination that no Regulatory Commission, 888 First electronic submission of protests and interventions in lieu of paper using the impacts on federally listed species Street, NE., Washington, DC 20426. ‘‘eFiling’’ link at http://www.ferc.gov. would occur as a result of the proposed More information about this project, Persons unable to file electronically project. Thus, Protestor’s environmental including a copy of the application, can should submit an original and 14 copies concern has been satisfied. Accordingly, be viewed or printed on the ‘‘eLibrary’’ of the protest or intervention to the Protestor hereby withdraws its Protest to link of the Commission’s Web site at Federal Energy Regulatory Commission, the Proposed Blanket Certificate http://www.ferc.gov/docs-filing/ 888 First Street, NE., Washington, DC Activity filed in the instant docket on elibrary.asp. Enter the docket number 20426. January 7, 2010. This filing is accessible on-line at (P–13077–000, or 13081–000) in the Kimberly D. Bose, docket number field to access the http://www.ferc.gov, using the Secretary. document. For assistance, contact FERC ‘‘eLibrary’’ link and is available for Online Support. review in the Commission’s Public [FR Doc. 2010–2486 Filed 2–4–10; 8:45 am] Reference Room in Washington, DC. BILLING CODE 6717–01–P Kimberly D. Bose, There is an ‘‘eSubscription’’ link on the Secretary. Web site that enables subscribers to [FR Doc. 2010–2485 Filed 2–4–10; 8:45 am] receive e-mail notification when a BILLING CODE 6717–01–P document is added to a subscribed docket(s). For assistance with any FERC 1 Notice of the request was published in the Online service, please e-mail Federal Register on November 17, 2009 (74 FR [email protected], or call 59,161).

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ENVIRONMENTAL PROTECTION HQ–OW–2005–0023, which is available Specified information and documents AGENCY for online viewing at http:// must be submitted by the State/Tribe to www.regulations.gov, or in person EPA to request assumption. Once the [EPA–HQ–OW–2005–0023; FRL–9110–7] viewing at the Water Docket in the EPA required information and documents are Agency Information Collection Docket Center (EPA/DC), EPA West, submitted and EPA has a complete Activities; Submission to OMB for Room 3334, 1301 Constitution Ave., assumption request package, the Review and Approval; Comment NW., Washington, DC. The EPA/DC statutory time clock for EPA’s decision Request; Clean Water Act Section 404 Public Reading Room is open from 8:30 to either approve or deny the State/ State-Assumed Programs (Renewal); a.m. to 4:30 p.m., Monday through Tribe’s assumption request starts. The EPA ICR No. 0220.11, OMB Control No. Friday, excluding legal holidays. The information contained in the 2040–0168 telephone number for the Reading Room assumption request is made available to is 202–566–1744, and the telephone the other involved Federal agencies AGENCY: Environmental Protection number for the Water Docket is 202– (Corps of Engineers, U.S. Fish and Agency (EPA). 566–2426. Wildlife Service, and National Marine ACTION: Notice. Use EPA’s electronic docket and Fisheries Service) and to the general comment system at http:// public for review and comment. These SUMMARY: In compliance with the www.regulations.gov, to submit or view minimum information requirements are Paperwork Reduction Act (PRA)(44 public comments, access the index based on the information that must be U.S.C. 3501 et seq.), this document listing of the contents of the docket, and submitted when applying for a section announces that an Information to access those documents in the docket 404 permit from the Corps of Engineers Collection Request (ICR) has been that are available electronically. Once in (33 CFR part 325). forwarded to the Office of Management the system, select ‘‘docket search,’’ then States/Tribes must be able to issue and Budget (OMB) for review and key in the docket ID number identified permits that comply with the 404(b)(1) approval. This is a request to renew an above. Please note that EPA’s policy is Guidelines, the environmental review existing approved collection. The ICR, that public comments, whether criteria. States/Tribes and the reviewing which is abstracted below, describes the submitted electronically or in paper, Federal agencies must be able to review nature of the information collection and will be made available for public proposed projects to evaluate, avoid, its estimated burden and cost. viewing at http://www.regulations.gov minimize and compensate for DATES: Additional comments may be as EPA receives them and without anticipated impacts. EPA’s assumption submitted on or before March 8, 2010. change, unless the comment contains regulations establish recommended ADDRESSES: Submit your comments, copyrighted material, confidential elements that should be included in the referencing Docket ID No. EPA–HQ– business information (CBI), or other State/Tribes’ permit application, so that OW–2005–0023, to (1) EPA online using information whose public disclosure is sufficient information is available to http://www.regulations.gov (our restricted by statute. For further make a thorough analysis of anticipated preferred method), by e-mail to ow- information about the electronic docket, impacts. These minimum information [email protected], or by mail to: EPA go to http://www.regulations.gov. requirements are based on the Docket Center, Environmental Title: Clean Water Act Section 404 information that must be submitted Protection Agency, Water Docket, State-Assumed Programs (Renewal). when applying for a section 404 permit Environmental Protection Agency, ICR numbers: EPA ICR No. 0220.11, from the Corps of Engineers (CWA Mailcode: 28221T, 1200 Pennsylvania OMB Control No. 2040–0168. section 404(h)(1)(A)(i) and section 404(j) Ave., NW., Washington, DC 20460, and ICR Status: This ICR is scheduled to and 40 CFR 230.10, 233.20, 233.21, (2) OMB by mail to: Office of expire on February 28, 2010. Under 233.34, and 233.50) (33 CFR 325.1). Information and Regulatory Affairs, OMB regulations, the Agency may EPA is responsible for oversight of Office of Management and Budget continue to conduct or sponsor the assumed programs to ensure that State/ (OMB), Attention: Desk Officer for EPA, collection of information while this Tribal programs are in compliance with 725 17th Street, NW., Washington, DC submission is pending at OMB. An applicable requirements and that State/ 20503. Agency may not conduct or sponsor, Tribal permit decisions adequately and a person is not required to respond consider, avoid, minimize and FOR FURTHER INFORMATION CONTACT: to, a collection of information, unless it compensate for anticipated impacts. Kathy Hurld, Office of Wetlands, displays a currently valid OMB control States/Tribes must evaluate their Oceans, and Watersheds, Wetlands number. The OMB control numbers for programs annually and submit the Division (4502T), Environmental EPA’s regulations in title 40 of the CFR, results in a report to EPA. EPA’s Protection Agency, 1200 Pennsylvania after appearing in the Federal Register assumption regulations establish Ave., NW., Washington, DC 20460; when approved, are listed in 40 CFR minimum requirements for the annual telephone: 202–566–1348; fax number: part 9, are displayed either by report (40 CFR 233.52). 202–566–1349; e-mail address: publication in the Federal Register or Burden Statement: This collection of [email protected]. by other appropriate means, such as on information is separated into three SUPPLEMENTARY INFORMATION: EPA has the related collection instrument or pieces. The annual public reporting and submitted the following ICR to OMB for form, if applicable. The display of OMB record keeping burden for this review and approval according to the control numbers in certain EPA collection of information is estimated to procedures prescribed in 5 CFR 1320.12. regulations is consolidated in 40 CFR average 520 hours to request program On August 26, 2009 (74 FR 43116) EPA part 9. assumption, 5 hours to complete a sought comments on this ICR pursuant Abstract: Section 404(g) of the Clean permit application and 80 hours to to 5 CFR 1320.8(d). EPA received no Water Act authorizes States and Tribes prepare the annual report. Burden comments. Any additional comments on to assume the section 404 permit means the total time, effort, or financial this ICR should be submitted to EPA program. States/Tribes must resources expended by persons to and OMB within 30 days of this notice. demonstrate that they meet the statutory generate, maintain, retain, or disclose or EPA has established a public docket and regulatory requirements (40 CFR provide information to or for a Federal for this ICR under Docket ID No. EPA– part 233) for an approvable program. agency. This includes the time needed

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to review instructions; develop, acquire, DATES: Additional comments may be copyrighted material, confidential install, and utilize technology and submitted on or before March 8, 2010. business information (CBI), or other systems for the purposes of collecting, ADDRESSES: Submit your comments, information whose public disclosure is validating, and verifying information, referencing Docket ID No. EPA–HQ– restricted by statute. For further processing and maintaining OW–2005–0019, to (1) EPA online using information about the electronic docket, information, and disclosing and http://www.regulations.gov (our go to http://www.regulations.gov. providing information; adjust the preferred method), or by mail to: EPA Title: Contaminant Occurrence Data existing ways to comply with any Docket Center, Environmental in Support of EPA’s Third Six-Year previously applicable instructions and Protection Agency, Water Docket (MC Review of National Primary Drinking requirements which have subsequently 28221T), 1200 Pennsylvania Ave., NW., Water Regulations (Renewal). changed; train personnel to be able to Washington, DC 20460, and (2) OMB by ICR numbers: EPA ICR No. 2231.02, respond to a collection of information; mail to: Office of Information and OMB Control No. 2040–0275. search data sources; complete and Regulatory Affairs, Office of ICR Status: This ICR is scheduled to review the collection of information; Management and Budget (OMB), expire on February 28, 2010. Under and transmit or otherwise disclose the Attention: Desk Officer for EPA, 725 OMB regulations, the Agency may information. 17th Street, NW., Washington, DC continue to conduct or sponsor the Respondents/Affected Entities: States 20503. collection of information while this and Tribes seeking to or having assumed submission is pending at OMB. An FOR FURTHER INFORMATION CONTACT: Agency may not conduct or sponsor, section 404 permit programs. Shari Bauman, Office of Ground Water Estimated Number of Respondents: 6. and a person is not required to respond and Drinking Water, Standards and Risk to, a collection of information, unless it Frequency of Response: Once, On Management Division (MC 4607M), Occasion, Annually. displays a currently valid OMB control Environmental Protection Agency, 1200 number. The OMB control numbers for Estimated Total Annual Hour Burden: Pennsylvania Ave., NW., Washington, 101,360. EPA’s regulations in title 40 of the CFR, DC 20460; telephone number: (202) after appearing in the Federal Register Estimated Total Annual Cost: There 564–0293. when approved, are listed in 40 CFR are no annualized capital or O&M costs. SUPPLEMENTARY INFORMATION: EPA has part 9, are displayed either by Changes in the Estimates: There is no submitted the following ICR to OMB for publication in the Federal Register or change in the total estimated burden review and approval according to the by other appropriate means, such as on currently identified in the OMB procedures prescribed in 5 CFR 1320.12. the related collection instrument or Inventory of Approved ICR Burdens. On September 11, 2009 (74 FR 46765), form, if applicable. The display of OMB Dated: February 1, 2010. EPA sought comments on this ICR control numbers in certain EPA John Moses, pursuant to 5 CFR 1320.8(d). EPA regulations is consolidated in 40 CFR Acting Director, Collection Strategies received no comments. Any additional part 9. Division. comments on this ICR should be Abstract: The Safe Drinking Water Act [FR Doc. 2010–2538 Filed 2–4–10; 8:45 am] submitted to EPA and OMB within 30 (SDWA), as amended in 1996, requires BILLING CODE 6560–50–P days of this notice. that EPA review existing National EPA has established a public docket Primary Drinking Water Regulations for this ICR under Docket ID No. EPA– (NPDWRs) no less often than every six ENVIRONMENTAL PROTECTION HQ–OW–2005–0019, which is available years. This cyclical evaluation is AGENCY for online viewing at http:// referred to as the ‘‘Six-Year Review.’’ www.regulations.gov, or in person [EPA–HQ–OW–2005–0019; FRL–9110–8] Through the Six-Year Review process, viewing at the Water Docket in the EPA the EPA reviews existing NPDWRs and Agency Information Collection Docket Center (EPA/DC), EPA West, evaluates whether potential revisions Activities; Submission to OMB for Room 3334, 1301 Constitution Ave., are appropriate to maintain or improve Review and Approval; Comment NW., Washington, DC. The EPA/DC the health of those persons served by Request; Contaminant Occurrence Public Reading Room is open from 8:30 public water systems. Data in Support of EPA’s Third Six- a.m. to 4:30 p.m., Monday through EPA completed and published review Year Review of National Primary Friday, excluding legal holidays. The results for the first Six-Year Review Drinking Water Regulations (Renewal); telephone number for the Reading Room cycle (1996–2002) on July 18, 2003 (68 EPA ICR No. 2231.02, OMB Control No. is 202–566–1744, and the telephone FR 42908). The occurrence assessments 2040–0275 number for the Water Docket is 202– conducted for the first Six-Year Review 566–2426. were based on compliance monitoring AGENCY: Environmental Protection Use EPA’s electronic docket and data from 1993 to 1997, which were Agency (EPA). comment system at http:// voluntarily provided by States. ACTION: Notice. www.regulations.gov, to submit or view EPA expects to complete and publish public comments, access the index the review results for the second Six- SUMMARY: In compliance with the listing of the contents of the docket, and Year Review cycle (2003–2009) in the Paperwork Reduction Act (PRA) (44 to access those documents in the docket near future. The occurrence assessments U.S.C. 3501 et seq.), this document that are available electronically. Once in conducted for the second Six-Year announces that an Information the system, select ‘‘docket search,’’ then Review are based on data collected Collection Request (ICR) has been key in the docket ID number identified between 1998 and 2005 and voluntarily forwarded to the Office of Management above. Please note that EPA’s policy is submitted by States and other primacy and Budget (OMB) for review and that public comments, whether agencies under the current Information approval. This is a request to renew an submitted electronically or in paper, Collection Request (ICR No. 2231.01, 71 existing approved collection. The ICR, will be made available for public FR 32340, June 5, 2006). which is abstracted below, describes the viewing at http://www.regulations.gov To support future Six-Year Reviews, nature of the information collection and as EPA receives them and without EPA’s Office of Water is renewing the its estimated burden and cost. change, unless the comment contains current ICR and requesting that States

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and other primacy agencies voluntarily previously applicable instructions and preferred method), or by e-mail to provide historical compliance requirements which have subsequently [email protected], or by mail to: EPA monitoring data for community water changed; train personnel to be able to Docket Center (EPA/DC), Environmental systems (CWSs) and non-transient non- respond to a collection of information; Protection Agency, Enforcement and community water systems (NTNCWSs) search data sources; complete and Compliance Docket and Information to the Agency. The Agency is requesting review the collection of information; Center, mail code 28221T, 1200 contaminant occurrence data and and transmit or otherwise disclose the Pennsylvania Avenue, NW., treatment technique data collected from information. Washington, DC 20460, and (2) OMB at: 2006 to 2012 for all regulated chemical, Respondents/Affected Entities: State Office of Information and Regulatory radiological and microbiological drinking water primacy agencies. Affairs, Office of Management and contaminants as well as data from the Estimated Number of Respondents: Budget (OMB), Attention: Desk Officer Ground Water Rule (GWR), Surface 56. for EPA, 725 17th Street, NW., Water Treatment Rules (SWTRs), Long Frequency of Response: Once. Washington, DC 20503. Term 1 and 2 Enhanced Surface Water Estimated Total Annual Hour Burden: FOR FURTHER INFORMATION CONTACT: Treatment Rules (LT1 and LT2) and 756. Learia Williams, Compliance Interim Enhanced Surface Water Estimated Total Annual Cost: Assessment and Media Programs Treatment Rule (IESWTR), Stage 1 and $37,922, this includes $0 annualized Division, Office of Compliance, Mail 2 Disinfectants and Disinfection capital or O&M costs. Code 2223A, Environmental Protection Byproducts Rules (DBPRs) and Filter Changes in the Estimates: There is an Agency, 1200 Pennsylvania Avenue, Backwash Recycling Rule (FBRR). This increase of 75 hours in the total NW., Washington, DC 20460; telephone collection request is a renewal of the estimated burden currently identified in number: (202) 564–4113; fax number: current ICR (ICR No. 2231.01) with the the OMB Inventory of Approved ICR (202) 564–0050; e-mail address: addition of requesting treatment Burdens. This increase reflects the slight [email protected]. technique information. modification in the scope (i.e., to The compliance monitoring records in request additional data for several rules SUPPLEMENTARY INFORMATION: EPA has this information collection (including such as the GWR, SWTRs, DBPRs and submitted the following ICR to OMB for all results for analytical detections and FBRR). review and approval according to the procedures prescribed in 5 CFR 1320.12. non-detections) and the treatment Dated: January 29, 2010. technique information (e.g., sanitary On July 8, 2009 (74 FR 32580), EPA John Moses, survey and corrective action sought comments on this ICR pursuant information) will provide the data Director, Collection Strategies Division. to 5 CFR 1320.8(d). EPA received no needed to conduct statistical estimates [FR Doc. 2010–2539 Filed 2–4–10; 8:45 am] comments. Any additional comments on of national occurrence for regulated BILLING CODE 6560–50–P this ICR should be submitted to EPA contaminants and will assist in the and OMB within 30 days of this notice. evaluation of regulation effectiveness. EPA has established a public docket These national occurrence estimates and ENVIRONMENTAL PROTECTION for this ICR under docket ID number treatment technique information will AGENCY EPA–HQ–OECA–2009–0393, which is support the SDWA section 1412(b)(9) [EPA–HQ–OECA–2009–0393; FRL–9109–6] available for public viewing online at mandate, which requires the Agency to http://www.regulations.gov, in person review the existing NPDWRs and Agency Information Collection viewing at the Enforcement and determine whether revisions are Activities; Submission to OMB for Compliance Docket in the EPA Docket appropriate. In addition, SDWA section Review and Approval; Comment Center (EPA/DC), EPA West, Room 1445(g) requires the Agency to maintain Request; NESHAP for Printing and 3334, 1301 Constitution Avenue, NW., a national drinking water contaminant Publishing Industry (Renewal), EPA Washington, DC. The EPA Docket occurrence database (i.e., the National ICR Number 1739.06, OMB Control Center Public Reading Room is open Contaminant Occurrence Data (NCOD)) Number 2060–0335 from 8:30 a.m. to 4:30 p.m., Monday using occurrence data for both regulated through Friday, excluding legal AGENCY: and unregulated contaminants in public Environmental Protection holidays. The telephone number for the water systems (PWSs). This data Agency (EPA). Reading Room is (202) 566–1744, and collection will provide new occurrence ACTION: Notice. the telephone number for the data on regulated contaminants to Enforcement and Compliance Docket is SUMMARY: In compliance with the maintain the NCOD. (202) 566–1752. Paperwork Reduction Act (44 U.S.C. Burden Statement: The annual public Use EPA’s electronic docket and 3501 et seq.), this document announces reporting and recordkeeping burden for comment system at http:// this collection of information is that an Information Collection Request www.regulations.gov, to submit or view estimated to average 13.5 hours per (ICR) has been forwarded to the Office public comments, access the index State. Burden means the total time, of Management and Budget (OMB) for listing of the contents of the docket, and effort, or financial resources expended review and approval. This is a request to access those documents in the docket by persons to generate, maintain, retain, to renew an existing approved that are available electronically. Once in or disclose or provide information to or collection. The ICR which is abstracted the system, select ‘‘docket search,’’ then for a Federal agency. This includes the below describes the nature of the key in the docket ID number identified time needed to review instructions; collection and the estimated burden and above. Please note that EPA’s policy is develop, acquire, install, and utilize cost. that public comments, whether technology and systems for the purposes DATES: Additional comments may be submitted electronically or in paper will of collecting, validating, and verifying submitted on or before March 8, 2010. be made available for public viewing at information, processing and ADDRESSES: Submit your comments, http://www.regulations.gov, as EPA maintaining information, and disclosing referencing docket ID number EPA–HQ– receives them and without change, and providing information; adjust the OECA–2009–0393, to (1) EPA online unless the comment contains existing ways to comply with any using http://www.regulations.gov (our copyrighted material, Confidential

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Business Information (CBI), or other affected facilities subject to NESHAP. Changes in the Estimates: There is a information whose public disclosure is Semiannual summary reports are also change in this ICR as compared to the restricted by statute. For further required. previous one. Based on our discussions information about the electronic docket, Any owner or operator subject to the with the printing and publishing go to http://www.regulations.gov. provisions of this subpart must maintain industry representatives, the printing Title: NESHAP for Printing and a file of these measurements, and retain industry in particular, will be Publishing Industry (Renewal). the file for at least five years following experiencing essentially a flat ICR Numbers: EPA ICR Number the collection of such measurements, production in the coming years with no 1739.06, OMB Control Number 2060– maintenance reports, and records. new facilities anticipated. This ICR also 0335. All reports are sent to the delegated reflects the most recent hourly labor ICR Status: This ICR is schedule to state or local authority. In the event that rates which, takes into account the expire on March 31, 2010. Under OMB there is no such delegated authority, the managerial, technical and clerical regulations, the Agency may continue to reports are sent directly to the EPA burdens as compared to the previous conduct or sponsor the collection of regional office. This information is ICR. Corrections include a minor information while this submission is being collected to assure compliance mathematical error and recalculation of pending at OMB. An Agency may not with 40 CFR part 63, subpart KK, as the number of responses. conduct or sponsor, and a person is not authorized in sections 112 and 114(a) of There is a small increase in the required to respond to, a collection of the Clean Air Act. The required capital/startup and operations and information unless it displays a information consists of emissions data maintenance (O&M) costs from the currently valid OMB control number. and other information that have been previous ICR, which is due to rounding- The OMB control numbers for EPA’s determined to be private. up the number of affective respondents. regulations in title 40 of the CFR, after An agency may not conduct or appearing in the Federal Register when Dated: February 1, 2010. sponsor, and a person is not required to approved, are listed in 40 CFR part 9, John Moses, respond to, a collection of information and displayed either by publication in Director, Collection Strategies Division. unless it displays a currently valid OMB the Federal Register or by other [FR Doc. 2010–2536 Filed 2–4–10; 8:45 am] Control Number. The OMB Control appropriate means, such as on the BILLING CODE 6560–50–P related collection instrument or form, if Number for EPA regulations listed in 40 applicable. The display of OMB control CFR part 9 and 48 CFR chapter 15, are numbers in certain EPA regulations is identified on the form and/or ENVIRONMENTAL PROTECTION consolidated in 40 CFR part 9. instrument, if applicable. AGENCY Abstract: The National Emission Burden Statement: The annual public [ER–FRL–8988–1] Standards of Hazardous Air Pollutants reporting and recordkeeping burden for this collection of information estimated (NESHAP) for Printing and Publishing Environmental Impact Statements and Industry were proposed on March 14, to average 95 hour per response. Burden means the total time, effort, or financial Regulations; Availability of EPA 1995 (60 FR 13664), promulgated on Comments May 30, 1996 (61 FR 27131), and resources expended by persons to amended on May 24, 2006 (71 FR generate, maintain, retain, or disclose, Availability of EPA comments 29792). These standards apply to the and provide information to or for a prepared pursuant to the Environmental following facilities in 40 CFR subpart Federal agency. This includes the time Review Process (ERP), under section KK: Publication rotogravure, product needed to review instructions; develop, 309 of the Clean Air Act and Section and packaging rotogravure, and wide- acquire, install, and utilize technology 102(2)(c) of the National Environmental web flexographic printing presses at and systems for the purposes of Policy Act as amended. Requests for major sources. The effective date was collecting, validating, and verifying copies of EPA comments can be directed May 30, 1999, for sources existing on information, processing and to the Office of Federal Activities at May 30, 1996. For new sources or maintaining information, and disclosing 202–564–7146 or http://www.epa.gov/ reconstructed sources after May 30, and providing information. All existing compliance/nepa/. 1996, the effective date of startup is May ways will have to adjust to comply with An explanation of the ratings assigned 30, 1996, whichever is later. any previously applicable instructions to draft environmental impact Owners and operators of a new and and requirements that have statements (EISs) was published in existing area source are subject to the subsequently changed; train personnel Federal Register dated July 17, 2009 (74 General Provision (40 CFR part 63, to be able to respond to a collection of FR 34754). subpart A). In general, all NESHAP information; search data sources; Notice standards require initial notifications, complete and review the collection of performance tests plans, and periodic information; and transmit or otherwise In accordance with Section 309(a) of reports by the owners/operators of the disclose the information. the Clean Air Act, EPA is required to affected facilities. For the facilities Respondents/Affected Entities: make its comments on EISs issued by installing continuous monitoring Printing and publishing industry. other Federal agencies public. systems (CMS), there are performance Estimated Number of Respondents: Historically, EPA has met this mandate test and maintenance reports. 352. by publishing weekly notices of They are also required to maintain Frequency of Response: Initially, availability of EPA comments, which records of the occurrence and duration annually, and semiannually. includes a brief summary of EPA’s of any startup, shutdown, or Estimated Total Annual Hour Burden: comment letters, in the Federal malfunction in the operation of an 58,215. Register. Since February 2008, EPA has affected facility, or any period during Estimated Total Annual Cost: been including its comment letters on which the monitoring system is $5,888,997, which includes $5,474,997 EISs on its Web site at: http:// inoperative. These notifications, reports, in labor costs, $0 in capital/startup www.epa.gov/compliance/nepa/ and records are essential in determining costs, and $414,000 in operation and eisdata.html. Including the entire EIS compliance and are required of all maintenance (O&M) costs. comment letters on the Web site

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satisfies the Section 309(a) requirement Motorized Travel Management Plan, 564–1399 or http://www.epa.gov/ to make EPA’s comments on EISs Implementation, National Forest compliance/nepa/. available to the public. Accordingly, Transportation System (NFTS), Weekly receipt of Environmental Impact after March 31, 2010, EPA will Modoc, Lassen and Siskiyou Statements discontinue the publication of this Counties, CA. Filed 01/25/2010 through 01/29/2010 notice of availability of EPA comments Summary: EPA continues to have Pursuant to 40 CFR 1506.9. in the Federal Register. environmental concerns about vernal Notice Draft EISs pool and wet meadow impacts. EIS No. 20090427, ERP No. F–NPS– In accordance with Section 309(a) of EIS No. 20090210, ERP No. D–FRC– F60009–MN, Disposition of Bureau of the Clean Air Act, EPA is required to A03087–00, Ruby Pipeline Project, Mines Property, Twin Cities Research make its comments on EISs issued by Proposed Natural Gas Pipeline Center Main Campus, other Federal agencies public. Facilities, Right-of-Way Grants (and/ Implementation, Hennepin County, Historically, EPA has met this mandate or Temporary Use or Special Use MN. by publishing weekly notices of Permits), WY, UT, NV, and OR. Summary: EPA commends the availability of EPA comments, which Summary: EPA expressed National Park Service for selecting the include a brief summary of EPA’s environmental concerns about impacts comment letters, in the Federal to perennial waters, wetlands, and environmentally preferred alternative, and recommends that the Record of Register. Since February 2008, EPA has impacts related to hydrostatic pipeline been including its comment letters on testing. Rating EC2. Decision clarify the future status of key cultural resources on site. EISs on its Web site at: http:// EIS No. 20090267, ERP No. D–AFS– www.epa.gov/compliance/nepa/ J65546–MT, Bitterroot National Forest EIS No. 20090440, ERP No. F–AFS– J61114–CO, Vail Ski Area’s 2007 eisdata.html. Including the entire EIS Travel Management Planning, To comment letters on the Web site Address Conflicts between Motorized Improvement Project, Proposed On- Mountain Restaurant from the top of satisfies the Section 309(a) requirement and Non-Motorized Users, Ravalli to make EPA’s comments on EISs County, MT. Vail Mountain to Mid Vail, Special- Use-Permit, Eagle/Holy Cross Ranger available to the public. Accordingly, Summary: EPA expressed District, White River National Forest, after March 31, 2010, EPA will environmental concerns about impacts Eagle County, CO. discontinue the publication of this to watersheds and other resources. notice of availability of EPA comments Rating EC2. Summary: EPA does not object to the in the Federal Register. proposed action. EIS No. 20090424, ERP No. D–USN– EIS No. 20100024, Third Draft EIS No. 20090446, ERP No. F–AFS– L11043–AK, Gulf of Alaska Navy Supplement, USFS, 00, Southwest K65373–NV, Jarbidge Ranger District Training Activities, Proposal to Idaho Ecogroup Land and Resource Rangeland Management Project, Support and Conduct Current, Management Plan, Updated Proposed Reauthorizing Grazing on 21 Emerging, and Future Training Information to Reanalyze the Effects Existing Grazing Allotments, Activities, Implementation, Gulf of of Current and Proposed Management Humboldt Toiyabe National Forest, Alaska, AK. on Rock Mountain Bighorn Sheep Elko County, NV. Summary: EPA expressed Viability in the Payette National environmental concerns about impacts Summary: EPA’s previous concerns Forest 2003 FEIS, Boise National to the marine environment from the have been resolved; therefore, EPA does Forest, Payette National Forest and deposition of expended training not object to the proposed action. Sawtooth National Forest, Forest Plan materials. Rating EC2. EIS No. 20090449, ERP No. F–AFS– Revision, Implementation, Several EIS No. 20090211, ERP No. DS–AFS– F65076–MI, Niagara Project, To Counties, ID; Malhaur County, OR J61114–CO, Vail Ski Area’s 2007 Address Site-Specific Vegetation and and Box Elder County, UT, Comment Improvement Project, Proposed On- Transportation System Needs in the Period Ends: 03/22/2010, Contact: Mountain Restaurant from the top of Project Areas, Hiawatha National Pattie Sourcek 208–634–0700. Vail Mountain to Mid Vail, Special- Forest, St. Ignace and Sault Ste. Marie EIS No. 20100025, Final EIS, USACE, Use-Permit, Eagle/Holy Cross Ranger Ranger Districts, Mackinac and NC, North Topsail Beach Shoreline District, White River National Forest, Chippewa Counties, MI. Protection Project, Seeking Federal Eagle County, CO. Summary: EPA does not object to the and State Permits to Allow Summary: No formal comment letter proposed project. Implementation of a Non-Federal was sent to the preparing agency. Rating Dated: February 2, 2010. Shoreline and Inlet Management NC. Robert W. Hargrove, Project, New River Inlet, Onslow County, NC, Wait Period Ends: 03/08/ Final EISs Director, NEPA Compliance Division, Office of Federal Activities. 2010, Contact: Mickey Sugg 910–251– EIS No. 20090224, ERP No. F–AFS– [FR Doc. 2010–2572 Filed 2–4–10; 8:45 am] 4811. J65531–SD, Telegraph Project Area, EIS No. 20100026, Final EIS, NOAA, 00, BILLING CODE 6560–50–P Proposes to Implement Multiple Amendment 31 to the Fishery Resource Management Actions, Management Plan for Reef Fish Northern Hills Ranger District, Black ENVIRONMENTAL PROTECTION Resources, Addresses Bycatch of Sea Hills National Forest, Lawrence and AGENCY Turtles in the Bottom Longline Pennington Counties, SD. Component of the Reef Fish Fishery, Summary: EPA continues to have [ER–FRL–8987–9] Gulf of Mexico, Wait Period Ends: 03/ environmental concerns about the need 08/2010, Contact: Roy E. Crabtree to develop a project level adaptive Environmental Impact Statements; Notice of Availability 727–824–5701. management plan. EIS No. 20100027, Draft EIS, USFS, CA, EIS No. 20090406, ERP No. F–AFS– Responsible Agency: Office of Federal Big Grizzly Fuels Reduction and K65350–CA, Modoc National Forest Activities, General Information (202) Forest Health Project, Proposes

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Vegetation Treatments, Eldorado EIS No. 20090435, Draft EIS, APHIS, 00, Docket Facility telephone number is National Forest, Georgetown Ranger Glyphosate-Tolerant Alfalfa Events (703) 305–5805. District, Georgetown, CA, Comment J101 and J163: Request for Instructions: Direct your comments to Period Ends: 03/22/2010, Contact: Nonregulated Status, Implementation, docket ID number EPA–HQ–OPP–2009– Dana Walsh 530–333–5558. United States, Comment Period Ends: 1016. EPA’s policy is that all comments EIS No. 20100028, Draft Supplement, 03/03/2010, Contact: Cindy Eck 202– received will be included in the docket USFS, WY, Bridger-Teton National 720–2600, Revision to FR Published without change and may be made Forest, Proposal to Determine What 12/18/2009: Extending Comment available on-line at http:// Terms and Conditions to Allow Period From 02/16/2010 to 03/03/ www.regulations.gov, including any Development of Oil and Gas Leasing 2010. personal information provided, unless in the Wyoming Range, Sublette Dated: February 2, 2010. the comment includes information County, WY, Comment Period Ends: Robert W. Hargrove, claimed to be Confidential Business 03/22/2010, Contact: Melissa Information (CBI) or other information Director, NEPA Compliance Division, Office Blackwell 801–625–5777. of Federal Activities. whose disclosure is restricted by statute. Do not submit information that you EIS No. 20100029, Draft EIS, BR, WA, [FR Doc. 2010–2537 Filed 2–4–10; 8:45 am] Cle Elum Dam Fish Passage Facilities consider to be CBI or otherwise BILLING CODE 6560–50–P and Fish Reintroduction Project, To protected through regulations.gov or e- Restore Connectivity, Biodiversity, mail. The regulations.gov website is an and Natural Production of ENVIRONMENTAL PROTECTION ‘‘anonymous access’’ system, which Anadromous Salmonids, Kittitas AGENCY means EPA will not know your identity County, WA, Comment Period Ends: or contact information unless you provide it in the body of your comment. 03/22/2010, Contact: Jennifer [EPA–HQ–OPP–2009–1016; FRL–8809–1] Beardsley 208–378–5035. If you send an e-mail comment directly EIS No. 20100030, Draft EIS, WAPA, SD, Pesticide Experimental Use Permit; to EPA without going through Deer Creek Station Energy Facility Receipt of Application; Comment regulations.gov, your e-mail address Project, Proposed 300-megawatt (MW) Request will be automatically captured and Natural Gas-Fired Generation Facility, included as part of the comment that is Brookings County, SD, Comment AGENCY: Environmental Protection placed in the docket and made available Period Ends: 03/22/2010, Contact: Agency (EPA). on the Internet. If you submit an Matt Marsh 406–247–7385. ACTION: Notice. electronic comment, EPA recommends EIS No. 20100031, Draft EIS, NRC, WI, that you include your name and other GENERIC—License Renewal of SUMMARY: This notice announces EPA’s contact information in the body of your Nuclear Plants for Kewaunee Power receipt of an application 62097–EUP–R comment and with any disk or CD-ROM Station, Supplement 40 to NUREG– from Fine Agrochemicals Ltd. you submit. If EPA cannot read your 1437, Kewaunee County, WI, requesting an experimental use permit comment due to technical difficulties Comment Period Ends: 04/23/2010, (EUP) for the end-use product FAL and cannot contact you for clarification, Contact: Vanice Perin 301–415–8143. 1800, containing the new biochemical EPA may not be able to consider your EIS No. 20100032, Final EIS, WAPA, pesticide Prohydrojasmon (PDJ). The comment. Electronic files should avoid CA, ADOPTION—Delta-Mendota Agency has determined that the permit the use of special characters, any form Canal/California Aqueduct Intertie may be of regional and national of encryption, and be free of any defects Project, Construction and Operation significance. Therefore, in accordance or viruses. of a Pumping Plant and Pipeline with 40 CFR 172.11(a), the Agency is Docket: All documents in the docket Connection, San Luis Delta-Mendota soliciting comments on this application. are listed in the docket index available Water Authority Project, Central DATES: Comments must be received on at http://www.regulations.gov. Although Valley Project, Alameda and San or before March 8, 2010. listed in the index, some information is Joaquin Counties, CA, Contact: Steve ADDRESSES: Submit your comments, not publicly available, e.g., CBI or other Tuggle 916–353–4549. The U.S. identified by docket identification (ID) information whose disclosure is Department of Energy’s Western Area number EPA–HQ–OPP–2009–1016, by restricted by statute. Certain other Power Administrations (DOE/WAPA) one of the following methods: material, such as copyrighted material, has ADOPTED the U.S. Department of • Federal eRulemaking Portal: http:// is not placed on the Internet and will be Interior, Bureau of Reclamations FEIS www.regulations.gov. Follow the on-line publicly available only in hard copy #20090401, filed on 11/19/2009. DOE/ instructions for submitting comments. form. Publicly available docket WAPA was a Cooperating Agency for • Mail: Office of Pesticide Programs materials are available either in the the above project. Recirculation of the (OPP) Regulatory Public Docket (7502P), electronic docket at http:// FEIS is not necessary under 40 CFR Environmental Protection Agency, 1200 www.regulations.gov, or, if only 1506.3(c). Pennsylvania Ave., NW., Washington, available in hard copy, at the OPP DC 20460–0001. Regulatory Public Docket in Rm. S– Amended Notices • Delivery: OPP Regulatory Public 4400, One Potomac Yard (South Bldg.), EIS No. 20100016, Draft EIS, USN, CA, Docket (7502P), Environmental 2777 S. Crystal Dr., Arlington, VA. The Silver Strand Training Complex Protection Agency, Rm. S–4400, One hours of operation of this Docket (SSTC) Project, Proposed Naval Potomac Yard (South Bldg.), 2777 S. Facility are from 8:30 a.m. to 4 p.m., Training Activities, Cities of Crystal Dr., Arlington,VA. Deliveries are Monday through Friday, excluding legal Coronado and Imperial Beach, San only accepted during the Docket holidays. The Docket Facility telephone Diego County, CA, Comment Period Facility’s normal hours of operation number is (703) 305–5805. Ends: 03/08/2010, Contact: Kent (8:30 a.m. to 4 p.m., Monday through FOR FURTHER INFORMATION CONTACT: Gina Randall 619–545–9339, Revision to Friday, excluding legal holidays). Casciano, Biopesticides and Pollution FR Published 01/22/2010: Correction Special arrangements should be made Prevention Division (7511P), Office of to Contact Phone Number. for deliveries of boxed information. The Pesticide Programs, Environmental

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Protection Agency, 1200 Pennsylvania your estimate in sufficient detail to conducted. Any issuance of an EUP will Ave., NW., Washington, DC 20460– allow for it to be reproduced. be announced in the Federal Register. 0001; telephone number: (703) 605– vi. Provide specific examples to List of Subjects 0513; e-mail address: illustrate your concerns and suggest [email protected]. alternatives. Environmental protection, Experimental use permits. SUPPLEMENTARY INFORMATION: vii. Explain your views as clearly as possible, avoiding the use of profanity Dated: January 25, 2010. I. General Information or personal threats. Keith A. Matthews, A. Does this Action Apply to Me? viii. Make sure to submit your comments by the comment period Acting Director, Biopesticides and Pollution This action is directed to the public deadline identified. Prevention Division, Office of Pesticide Programs. in general. This action may, however, be 3. Environmental justice. EPA seeks to of interest to those persons who are or achieve environmental justice, the fair [FR Doc. 2010–2383 Filed 2–4–??; 8:45 am] may be required to conduct testing of treatment and meaningful involvement BILLING CODE 6560–50–S chemical substances under the Federal of any group, including minority and/or Food, Drug, and Cosmetic Act (FFDCA) low income populations, in the or the Federal Insecticide, Fungicide, ENVIRONMENTAL PROTECTION development, implementation, and AGENCY and Rodenticide Act (FIFRA). Since enforcement of environmental laws, other entities may also be interested, the regulations, and policies. To help [FRL–9110–6] Agency has not attempted to describe all address potential environmental justice the specific entities that may be affected issues, the Agency seeks information on Notice of a Project Waiver of Section by this action. If you have any questions any groups or segments of the 1605 (Buy American Requirement) of regarding the applicability of this action population who, as a result of their the American Recovery and to a particular entity, consult the person location, cultural practices, or other Reinvestment Act of 2009 (ARRA) to FOR FURTHER INFORMATION listed under factors, may have atypical or the City of LaSalle, IL (LaSalle) CONTACT. disproportionately high and adverse AGENCY: Environmental Protection B. What Should I Consider as I Prepare human health impacts or environmental Agency (EPA). My Comments for EPA? effects from exposure to the pesticide(s) ACTION: Notice. 1. Submitting CBI. Do not submit this discussed in this document, compared information to EPA through to the general population. SUMMARY: The EPA is hereby granting a regulations.gov or e-mail. Clearly mark II. What Action is the Agency Taking? project waiver of the Buy American the part or all of the information that requirements of ARRA Section 1605 Under section 5 of FIFRA, 7 U.S.C. you claim to be CBI. For CBI under the authority of Section 136c, EPA can allow manufacturers to information in a disk or CD-ROM that 1605(b)(2) [manufactured goods are not field test pesticides under development. you mail to EPA, mark the outside of the produced in the United States of a Manufacturers are required to obtain an disk or CD-ROM as CBI and then satisfactory quality] to LaSalle for the EUP before testing new pesticides or identify electronically within the disk or purchase of membrane bioreactor (MBR) new uses of pesticides if they conduct CD-ROM the specific information that is membrane racks, which include the experimental field tests on 10 acres or claimed as CBI. In addition to one hollow fiber membrane modules and the more of land or one acre or more of complete version of the comment that associated proprietary mechanical water. includes information claimed as CBI, a equipment to secure the membranes in copy of the comment that does not Pursuant to 40 CFR 172.11(a), the the tank. This is a project-specific contain the information claimed as CBI Agency has determined that the waiver and only applies to the use of the must be submitted for inclusion in the following EUP application may be of specified product for the ARRA funded public docket. Information so marked regional and national significance, and project being proposed. Any other will not be disclosed except in therefore is seeking public comment on ARRA project that may wish to use the accordance with procedures set forth in the EUP application: same product must apply for a separate 40 CFR part 2. Submitter: Fine Agrochemicals Ltd., waiver based on project-specific 2. Tips for preparing your comments. (62097–EUP–R). circumstances. These hollow fiber When submitting comments, remember Pesticide Chemical: Prohydrojasmon membrane racks, which are supplied by to: (PDJ). Siemens Water Technologies i. Identify the document by docket ID Summary of Request: Use as a plant Corporation, are manufactured in number and other identifying growth regulator on red apple varieties Australia and China, and meet LaSalle’s information (subject heading, Federal in the states of California, Maryland, performance specifications and Register date and page number). Michigan, New York, North Carolina, requirements. The Acting Regional ii. Follow directions. The Agency may Oregon, Pennsylvania, Virginia, Administrator is making this ask you to respond to specific questions Washington, and West Virginia. determination based on the review and or organize comments by referencing a A copy of the application and any recommendations of EPA Region 5’s Code of Federal Regulations (CFR) part information submitted is available for Water Division. LaSalle has provided or section number. public review in the docket established sufficient documentation to support its iii. Explain why you agree or disagree; for this EUP application as described request, as detailed below. The suggest alternatives and substitute under ADDRESSES. Assistant Administrator of the Office of language for your requested changes. Following the review of the Administration and Resources iv. Describe any assumptions and application and any comments and data Management has concurred on this provide any technical information and/ received in response to this solicitation, decision to make an exception to or data that you used. EPA will decide whether to issue or Section 1605 of ARRA. This action v. If you estimate potential costs or deny the EUP request, and if issued, the permits the purchase of hollow fiber burdens, explain how you arrived at conditions under which it is to be membrane racks for LaSalle’s ‘‘East Side

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Regional Wastewater Treatment Facility including total nitrogen, pH, total including the membrane bioreactor Project’’ that may otherwise be phosphorus, total suspended solids, basins, process inlet and outlet piping, prohibited under Section 1605(a) of the zinc and fecal coliform. The MBR filtrate pumping system, recycle ARRA. technology proved to be the cost- pumping system, air scour blowers and DATES: Effective Date: January 7, 2010. effective alternative for achieving air piping system, chemical cleaning FOR FURTHER INFORMATION CONTACT: Julie effluent of sufficient quality with regard system, and other features. The re- Henning, SRF Financial Analyst (312) to the pollutants that are the potential design would involve major changes to 886–4882, or Puja Lakhani, Regional source of impairment that would be the basin concrete structures, masonry Counsel, (312) 353–3190, U.S. EPA required in order to obtain a National building enclosure, piping and Region 5, 77 W. Jackson Blvd., Chicago, Pollutant Discharge Elimination System mechanical systems, electrical/controls IL 60613. (NPDES) permit for a new discharge into systems, and access platforms. the 303(d)-listed receiving stream (Little Therefore, the potential domestic SUPPLEMENTARY INFORMATION: In Vermilion River). manufacturer does not provide the accordance with ARRA Section 1605(c) During the bidding phase of the required hollow fiber membrane racks and pursuant to Section 1605(b)(2) of project, LaSalle received proposals from in sufficient and reasonably available Public Law 111–5, Buy American three MBR equipment manufacturers, of quantities and of a satisfactory quality to requirements, EPA hereby provides which Siemens Water Technologies meet the design specifications. EPA’s notice that it is granting a project waiver Corporation was selected. None of the national contractor’s technical to LaSalle for the acquisition of hollow three equipment manufacturers assessment report from September 29, fiber membrane racks which are produces the hollow fiber membrane 2009, did not find any additional manufactured in Australia and China. rack components of the MBR systems domestic manufacturers of the specified The manufacturer is Siemens Water within the U.S. LaSalle stated in the manufactured good. Technologies Corporation. waiver application that based on The purpose of the ARRA is to Section 1605 of the ARRA requires information gathered during the stimulate economic recovery in part by that none of the appropriated funds may planning and early design stages of the funding current infrastructure be used for the construction, alteration, project, including their contact with construction, not to delay projects that maintenance, or repair of a public contractors and equipment suppliers are ‘‘shovel ready’’ by requiring building or public work unless all of the during the bidding phase of the project, communities such as Auburn to revise iron, steel, and manufactured goods to the best of their knowledge at the their standards and specifications and to used in the project are produced in the time of equipment selection and design, start the bidding process again. The United States, or unless a waiver is they could not identify any other imposition of ARRA Buy American provided to the recipient by the head of reputable membrane system for requirements on such projects otherwise the appropriate agency, here EPA. A wastewater treatment applications that eligible for ARRA State Revolving Fund waiver may be provided if EPA was currently manufactured in the assistance would result in unreasonable determines that (1) Applying these United States and available to meet delay and thus displace the ‘‘shovel requirements would be inconsistent LaSalle’s technical specifications and ready’’ status for this project. To further with the public interest; (2) iron, steel, design requirements. delay project implementation is in and the relevant manufactured goods The April 28, 2009 EPA HQ direct conflict with a fundamental are not produced in the United States in Memorandum, ‘‘Implementation of Buy economic purpose of the ARRA, which sufficient and reasonably available American provisions of P.L. 111–5, the is to create or retain jobs. quantities and of a satisfactory quality; ‘American Recovery and Reinvestment The State and Tribal Programs Branch or (3) inclusion of iron, steel, and the Act of 2009’,’’ defines reasonably has reviewed this waiver request and relevant manufactured goods produced available quantity as ‘‘the quantity of has determined that the supporting in the United States will increase the iron, steel, or relevant manufactured documentation provided by LaSalle is cost of the overall project by more than good is available or will be available at sufficient to meet the criteria listed 25 percent. the time needed and place needed, and under Section 1605(b) of the ARRA and LaSalle proposes to construct a new in the proper form or specification as in the April 28, 2009, ‘‘Implementation 0.50 million gallons per day (MGD) specified in the project plans and of Buy American provisions of Public wastewater treatment plant. The plant is design.’’ Law 111–5, the ‘American Recovery and designed based upon membrane EPA’s national engineering contractor Reinvestment Act of 2009’ bioreactor (MBR) technology. The MBR prepared a technical assessment report Memorandum’’: Iron, steel, and the technology will produce effluent which dated September 29, 2009, based on the manufactured goods are not produced in has superior quality than conventional submitted waiver request, identifying the United States in sufficient and secondary or tertiary treatment facilities. one potential domestic manufacturer of reasonably available quantities and of a The superior effluent quality afforded membrane racks which appeared to satisfactory quality. The basis for this by the MBR technology was necessary have the potential to meet LaSalle’s project waiver is the authorization for this project due to the characteristics performance criteria and specifications. provided in Section 1605(b)(2) of the of the receiving stream, the Little Subsequent analysis by EPA and the ARRA. Due to the lack of production of Vermilion River. The segment of the national contractor, however, concluded this product in the United States in Little Vermilion River into which the that the potential domestic sufficient and reasonably available proposed wastewater treatment plant manufacturer only produces modules quantities and of a satisfactory quality will discharge is on the list of impaired with flat plate membranes. LaSalle’s in order to meet LaSalle’s performance waters set forth in Section 303(d) of the project design plans specify that hollow specifications and requirements, a Federal Clean Water Act and the Water fiber configured modules are required, waiver from the Buy American Quality Planning and Management and discussions with both EPA’s requirement is justified. regulation at 40 CFR Part 130. The national engineering contractors and The March 31, 2009 Delegation of segment has been listed with the LaSalle confirmed that the use of flat Authority Memorandum provided designated use of aquatic life as plate membranes would require re- Regional Administrators with the impaired by potential pollutants designing major portions of the project, authority to issue exceptions to Section

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1605 of the ARRA within the geographic Background: Human exposure to lead and Ad Hoc Committees Being Formed’’ boundaries of their respective regions may cause a variety of adverse health provided on the SAB Web site. The and with respect to requests by effects, particularly in children. EPA’s instructions can be accessed through the individual grant recipients. Having Office of Pollution Prevention and ‘‘Nomination of Experts’’ link on the established both a proper basis to Toxics (OPPT) regulates toxic blue navigational bar on the SAB Web specify the particular good required for substances, such as lead, through the site at http://www.epa.gov/sab. To this project, and that this manufactured Toxic Substances Control Act (TSCA). receive full consideration, nominations good was not available from a producer In 2001, EPA established standards for should include all of the information in the United States, LaSalle is hereby lead-based paint hazards, which include requested. granted a waiver from the Buy American lead in residential dust. OPPT is EPA’s SAB Staff Office requests: requirements of Section 1605(a) of developing draft technical analyses that Contact information about the person Public Law 111–5 for the purchase of will be used to support: (a) Possible making the nomination; contact the MBR membrane racks using ARRA revision of existing residential lead- information about the nominee; the funds as specified in the community’s based paint dust hazard standards, (b) disciplinary and specific areas of request of September 10, 2009. This the development of new lead-based expertise of the nominee; the nominee’s supplementary information constitutes paint dust hazard standards for public curriculum vitae; sources of recent the detailed written justification and commercial buildings, and (c) the grants and/or contracts; and a required by Section 1605(c) for waivers development of lead-safe work practice biographical sketch of the nominee ‘‘based on a finding under subsection standards for renovations of public and indicating current position, educational (b).’’ commercial buildings. OPPT has background, research activities, and requested that the SAB conduct a recent service on other national Authority: Pub. L. 111–5, section 1605. review of these draft technical analyses. advisory committees or national Dated: January 7, 2010. The SAB was established by 42 U.S.C. professional organizations. Bharat Mathur, 4365 to provide independent scientific Persons having questions about the Acting Regional Administrator, Region 5. and technical advice, consultation and nomination procedures, or who are [FR Doc. 2010–2541 Filed 2–4–10; 8:45 am] recommendations to the EPA unable to submit nominations through BILLING CODE 6560–50–P Administrator on the technical basis for the SAB Web site, should contact Mr. Agency positions and regulations. The Aaron Yeow, DFO, as indicated above in SAB Staff Office will form an expert this notice. Nominations should be ENVIRONMENTAL PROTECTION Panel to review OPPT’s draft technical submitted in time to arrive no later than AGENCY analyses. The SAB Panel will comply February 26, 2010. EPA values and with the provisions of the Federal welcomes diversity. In an effort to [FRL–9110–9] Advisory Committee Act (FACA) and all obtain nominations of diverse candidates, EPA encourages EPA Science Advisory Board Staff appropriate SAB procedural policies. nominations of women and men of all Office Request for Nominations of Upon completion, the Panel’s report racial and ethnic groups. Experts for the SAB Lead (Pb) Review will be submitted to the chartered SAB for final approval for transmittal to the The EPA SAB Staff Office will Panel EPA Administrator. The SAB Lead acknowledge receipt of nominations. AGENCY: Environmental Protection Review Panel is being asked to comment The names and biosketches of qualified Agency (EPA). on the scientific soundness of the nominees identified by respondents to the Federal Register notice and ACTION: Notice; Request for Agency’s draft technical analyses. additional experts identified by the SAB Nominations. Availability of the Review Materials: The EPA draft technical analyses to be Staff will be posted on the SAB Web site SUMMARY: The Science Advisory Board reviewed by the SAB Panel will be at http://www.epa.gov/sab. Public (SAB) Staff Office is requesting public made available on the SAB Web site. comments on this list of candidates will nominations of experts to form an SAB For questions concerning the review be accepted for 21 calendar days. The Ad Hoc Panel to review EPA’s draft materials, please contact Dr. Jennifer public will be requested to provide technical analyses which will be used to Seed, at (202) 564–7634, or relevant information or other support the development of lead-based [email protected]. documentation on nominees that the paint dust hazard standards and lead- Request for Nominations: The SAB SAB Staff Office should consider in safe work practice standards. Staff Office is requesting nominations of evaluating candidates. nationally recognized experts with For the EPA SAB Staff Office, a DATES: Nominations should be expertise in one or more of the balanced subcommittee or review panel submitted by February 26, 2010 per following areas, particularly with includes candidates who possess the instructions below. respect to lead: dust transport, exposure necessary domains of knowledge, the FOR FURTHER INFORMATION CONTACT: Any assessment, epidemiology, general relevant scientific perspectives (which, member of the public wishing further toxicology, neurotoxicology, pediatrics, among other factors, can be influenced information regarding this Request for biokinetic modeling, biostatistics, and by work history and affiliation), and the Nominations may contact Mr. Aaron risk assessment. collective breadth of experience to Yeow, Designated Federal Officer Process and Deadline for Submitting adequately address the charge. In (DFO), SAB Staff Office, by telephone/ Nominations: Any interested person or establishing the SAB Panel, the SAB voice mail at (202) 343–9878; by fax at organization may nominate qualified Staff Office will consider public (202) 233–0643; or via e-mail at individuals for possible service on the comments on the list of candidates, [email protected]. General SAB Review Panel in the areas of information provided by the candidates information concerning the EPA Science expertise described above. Nominations themselves, and background Advisory Board can be found on the should be submitted in electronic information independently gathered by EPA SAB Web site at http:// format (which is preferred over hard the SAB Staff Office. Selection criteria www.epa.gov/sab. copy) following the instructions for to be used for Panel membership SUPPLEMENTARY INFORMATION: ‘‘Nominating Experts to Advisory Panels include: (a) Scientific and/or technical

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expertise, knowledge and experience making available for comment a policy Dated: January 29, 2010. (primary factors); (b) availability and paper entitled ‘‘Revised Risk Assessment Steven Bradbury, willingness to serve; (c) absence of Methods for Workers, Children of Director, Office of Pesticide Programs. financial conflicts of interest; (d) Workers in Agricultural Fields, and [FR Doc. 2010–2400 Filed 2–4–10; 8:45 am] absence of an appearance of a lack of Pesticides with No Food Uses,’’ that BILLING CODE 6560–50–S impartiality; (e) skills working on describes how the Agency plans to use committees, subcommittees and revised methods in conducting risk advisory panels for the Panel as a assessments for pesticide uses and FEDERAL COMMUNICATIONS whole; and (f) diversity and balance exposures not governed by the Federal COMMISSION among scientific expertise and Food, Drug, and Cosmetic Act (FFDCA). viewpoints. Implementing this policy will increase Federal Advisory Committee Act; The SAB Staff Office’s evaluation of protections, especially for agricultural Advisory Committee on Diversity for an absence of financial conflicts of workers and children of workers in Communications in the Digital Age interest will include a review of the agricultural fields. The December 9, ‘‘Confidential Financial Disclosure Form 2009 notice announced the availability AGENCY: Federal Communications for Special Government Employees of the policy paper and opened a public Commission. Serving on Federal Advisory comment period of 60 days (until ACTION: Notice of public meeting. Committees at the U.S. Environmental February 8, 2010). Today’s notice SUMMARY: In accordance with the Protection Agency’’ (EPA Form 3110– extends the comment period for an Federal Advisory Committee Act, this 48). This confidential form allows additional 60 days, from February 8, notice advises interested persons that Government officials to determine 2010, to April 12, 2010. the Federal Communications whether there is a statutory conflict DATES: Comments, identified by docket Commission’s (FCC) Advisory between that person’s public identification (ID) number EPA–HQ– Committee on Diversity for responsibilities (which includes OPP–2009-0889, must be received on or Communications in the Digital Age membership on an EPA Federal before April 12, 2010. (‘‘Diversity Committee’’) will hold a advisory committee) and private meeting on Wednesday, March 24, 2010 interests and activities, or the ADDRESSES: Follow the detailed at 2 p.m. in the Commission Meeting appearance of a lack of impartiality, as instructions as provided under Room of the Federal Communications defined by Federal regulation. The form ADDRESSES in the Federal Register Commission, Room TW–C305, 445 12th may be viewed and downloaded from document of December 9, 2009. Street, SW., Washington, DC 20554. the following URL address http:// FOR FURTHER INFORMATION CONTACT: This will be the fourth meeting of the www.epa.gov/sab/pdf/epaform3110- Deborah Smegal, Health Effects full Diversity Committee under its 48.pdf. Division, Office of Pesticide Programs, renewed charter and new membership. The approved policy under which the Environmental Protection Agency, 1200 EPA SAB Office selects subcommittees Pennsylvania Ave., NW., Washington, DATES: March 24, 2010. and review panels is described in the DC 20460–0001; telephone number: ADDRESSES: Federal Communications following document: Overview of the (703) 308–0175; e-mail address: Commission, Room TW–C305 Panel Formation Process at the [email protected]. (Commission Meeting Room), 445 12th Environmental Protection Agency Street, SW., Washington, DC 20554. SUPPLEMENTARY INFORMATION: Science Advisory Board (EPA–SAB–EC– This FOR FURTHER INFORMATION CONTACT: 02–010), which is posted on the SAB document extends the public comment Barbara Kreisman, 202–418–1605; Web site at http://www.epa.gov/sab/pdf/ period established in the Federal [email protected]. ec02010.pdf. Register of December 9, 2009 (74 FR 65121) (FRL–8803–2). In that document, SUPPLEMENTARY INFORMATION: At this Dated January 28, 2010. a comment period of 60 days was meeting the Constitutional, Broadband Anthony F. Maciorowski, established. Subsequent to publication, and Media Issues working groups will Deputy Director, EPA Science Advisory Board a number of stakeholders requested the present best practices recommendations. Staff Office. extension of the original comment Members of the general public may [FR Doc. 2010–2535 Filed 2–4–10; 8:45 am] period, citing the far-reaching attend the meeting. The FCC will BILLING CODE 6560–50–P implications of the policy and its attempt to accommodate as many relationship to several other key Agency people as possible. However, initiatives that are currently under admittance will be limited to seating ENVIRONMENTAL PROTECTION development and available for availability. The public may submit AGENCY comment. EPA is hereby extending the written comments before the meeting to: Barbara Kreisman, the FCC’s Designated [EPA–HQ–OPP–2009-0889; FRL–8811–9] comment period, which was set to end on February 8, 2010, to April 12, 2010. Federal Officer for the Diversity Committee by e-mail: Policy Paper on Revised Risk To submit comments, or access the [email protected] or U.S. Assessment Methods for Workers, docket, please follow the detailed Postal Service Mail (Barbara Kreisman, Children of Workers in Agricultural instructions as provided under Federal Communications Commission, Fields, and Pesticides with No Food ADDRESSES in the December 9, 2009 Room 2–A665, 445 12th Street, SW., Uses; Extension of Comment Period Federal Register document. If you have Washington, DC 20554). questions, consult the person listed AGENCY: Environmental Protection Open captioning will be provided for under FOR FURTHER INFORMATION Agency (EPA). this event. Other reasonable CONTACT. ACTION: Notice; extension of comment accommodations for people with disabilities are available upon request. period. List of Subjects Requests for such accommodations SUMMARY: EPA issued a notice in the Environmental protection, Pesticides should be submitted via e-mail to Federal Register of December 9, 2009, and pests. [email protected] or by calling the

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Consumer & Governmental Affairs GENERAL SERVICES efficiency in responding to the public’s Bureau at (202) 418–0530 (voice), (202) ADMINISTRATION need for Federal information, and to 418–0432 (tty). Such requests should assess the effectiveness of marketing [OMB Control No. 3090–0278] include a detailed description of the efforts. accommodation needed. In addition, National Contact Center; Submission B. Annual Reporting Burden please include a way we can contact for OMB Review; National Contact you if we need more information. Please Center Customer Evaluation Survey Respondents: 4,200. allow at least five days advance notice; Responses per Respondent: 1. last minute requests will be accepted, AGENCY: Citizen Services and Hours per Response: .05 (3 minutes) but may be impossible to fill. Communications, Federal Consumer for phone survey and .06 (4 minutes) for Information Center, GSA. email survey. Additional information regarding the ACTION: Notice of request for comments Total Burden Hours: 270. Diversity Committee can be found at regarding a renewal to an existing OMB Obtaining Copies of Proposals: http://www.fcc.gov/DiversityFAC. clearance. Requesters may obtain a copy of the Federal Communications Commission. information collection documents from SUMMARY: Barbara A. Kreisman, Under the provisions of the the General Services Administration, Paperwork Reduction Act of 1995 (44 Chief, Video Division, Media Bureau. Regulatory Secretariat (MVPR), 1800 F U.S.C. Chapter 35), the General Services Street, NW., Room 4041, Washington, [FR Doc. 2010–2540 Filed 2–4–10; 8:45 am] Administration will be submitting to the DC 20405, telephone (202) 501–4755. BILLING CODE 6712–01–P Office of Management and Budget Please cite OMB Control No. 3090–0278, (OMB) a request to review and approve National Contact Center Customer a renewal of a previously approved Evaluation Survey, in all information collection requirement correspondence. FEDERAL MARITIME COMMISSION regarding the National Contact Center Dated: January 26, 2010. customer evaluation survey. A request Notice of Agreement Filed for public comments was published in Casey Coleman, the Federal Register at 74 FR 59981, on Chief Information Officer. The Commission hereby gives notice November 19, 2009. No comments were [FR Doc. 2010–2495 Filed 2–4–10; 8:45 am] of the filing of the following agreement received. BILLING CODE 6820–CX–P under the Shipping Act of 1984. Public comments are particularly Interested parties may submit comments invited on: Whether this collection of on the agreement to the Secretary, information is necessary and whether it GENERAL SERVICES Federal Maritime Commission, will have practical utility; whether our ADMINISTRATION Washington, DC 20573, within ten days estimate of the public burden of this of the date this notice appears in the collection of information is accurate and Property Obtained Through the Use of Federal Register. A copy of the based on valid assumptions and Charge Cards; Notice of GSA Bulletin agreement is available through the methodology; and ways to enhance the FMR B–25 Commission’s Web site (www.fmc.gov) quality, utility, and clarity of the AGENCY: Office of Governmentwide or by contacting the Office of information to be collected. Policy, General Services Administration Agreements at (202) 523–5793 or DATES: Submit comments on or before: (GSA). [email protected]. March 8, 2010. ACTION: Notice of a bulletin. Agreement No.: 011966–002. ADDRESSES: Submit comments regarding SUMMARY: Title: West Coast USA-Mexico & this burden estimate or any other aspect This notice announces GSA Canada Vessel Sharing Agreement. of this collection of information, Federal Management Regulation (FMR) including suggestions for reducing this Bulletin B–25 which provides guidance Parties: Compania Sud Americana de burden to GSA Desk Officer, OMB, to all agencies acquiring property using Vapores S.A.; Hamburg Su¨ d; and Room 10236, NEOB, Washington, DC the government charge card. Compania Chilena de Navegacion 20503, and a copy to the Regulatory DATES: The bulletin announced in this Interoceania, S.A. Secretariat (MVPR), General Services notice became effective January 25, Filing Party: Wayne R. Rohde, Esq.; Administration, Room 4041, 1800 F 2010. Sher & Blackwell LLP; 1850 M Street, Street, NW., Washington, DC 20405. FOR FURTHER INFORMATION CONTACT: For NW.; Suite 900; Washington, DC 20036. Please cite OMB Control No. 3090–0278, clarification of content, contact General Synopsis: The amendment would add National Contact Center Customer Services Administration, Office of Guatemala, Panama and the Caribbean Evaluation Survey, in all Governmentwide Policy, Office of Coast of Colombia to the geographic correspondence. Travel, Transportation and Asset scope of the Agreement, increase the FOR FURTHER INFORMATION CONTACT: Management, at (202) 501–1777. Please number of vessels used under the Tonya Beres, Federal Information cite Bulletin FMR B–25. agreement, and revise the space Specialist, Office of Citizen Services and SUPPLEMENTARY INFORMATION: allocations of the parties. Parties request Communications, at telephone (202) expedited review. 501–1803 or via e-mail to A. Background By Order of the Federal Maritime [email protected]. Although charge cards provide a great Commission. SUPPLEMENTARY INFORMATION: benefit in streamlining procurement of Dated: February 2, 2010. needed items, the property obtained in A. Purpose this way presents special management Karen V. Gregory, This information collection will be and accountability challenges to Secretary. used to assess the public’s satisfaction agencies. Appendix B of OMB Circular [FR Doc. 2010–2566 Filed 2–4–10; 8:45 am] with the National Contact Center A–123 prescribes policies and BILLING CODE P service, to assist in increasing the procedures to agencies regarding how to

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maintain internal controls that reduce DEPARTMENT OF HEALTH AND address, phone number, OMB number, the risk of fraud, waste, and error in HUMAN SERVICES and OS document identifier, to [email protected], or call Government charge card programs. As [Document Identifier: OS–0990–0308] provided in Appendix B of OMB the Reports Clearance Office on (202) Circular A–123, agencies must have Agency Information Collection 690–6162. Written comments and reasonable, effective internal controls so Request; 60-Day Public Comment recommendations for the proposed that this property can be accounted for Request information collections must be directed and to ensure property is limited to use to the OS Paperwork Clearance Officer AGENCY: Office of the Secretary, HHS. for official purposes. at the above e-mail address within 60 In compliance with the requirement days. The Office of Management and Budget of section 3506(c)(2)(A) of the Proposed Project: The Effect of (OMB) Open Government Directive Paperwork Reduction Act of 1995, the Reducing Falls on Acute and Long-Term instructs agencies to take specific Office of the Secretary (OS), Department Care Expenses OMB No. 0990–0308— actions to implement the principles of of Health and Human Services, is Extension—Assistant Secretary transparency, participation and publishing the following summary of a Planning Evaluation (ASPE). collaboration. Agencies are accountable proposed information collection request Abstract: ASPE is conducting a for the quality and objectivity of internal for public comment. Interested persons demonstration and evaluation of a controls over the spending information. are invited to send comments regarding multi-factorial fall prevention program Agencies must make certain that this burden estimate or any other aspect to measure its impact on health information conforms to OMB guidance of this collection of information, outcomes for the elderly as well as acute on information quality. including any of the following subjects: and long-term care use and cost. The (1) The necessity and utility of the study is being conducted among a B. Procedures proposed information collection for the sample of individuals with private long- Bulletins regarding asset management proper performance of the agency’s term care insurance who are age 75 and are located on the Internet at functions; (2) the accuracy of the over using a multi-tiered random www.gsa.gov/fmrbulletin as Federal estimated burden; (3) ways to enhance experimental research design to the quality, utility, and clarity of the evaluate the effectiveness of the Management Regulation (FMR) information to be collected; and (4) the proposed fall prevention intervention bulletins. use of automated collection techniques program. The project will provide Dated: January 29, 2010. or other forms of information information to advance Departmental Robert Holcombe, technology to minimize the information goals of reducing injury and improving Director, Personal Property Management collection burden. To obtain copies of the use of preventive services to Policy. the supporting statement and any positively impact Medicare use and [FR Doc. 2010–2496 Filed 2–4–10; 8:45 am] related forms for the proposed spending. The project began in Spring paperwork collections referenced above, 2008 and is expected to be completed in BILLING CODE 6820–14–P e-mail your request, including your Spring 2013.

ESTIMATED ANNUALIZED BURDEN TABLE

Number of Average Forms Type of Number of responses per burden hours Total burden (if necessary) respondent respondents respondent per response hours

Initial Telephone Screen ...... Active Control 2400 1 20 minutes 800 hours Group (ACG)/ Experimental Group (EG) In-person interview ...... EG 1200 1 1.25 hours 1,500 hours Jump start phone call ...... EG 1200 1 30 minutes 600 hours Quarterly phone calls ...... ACG/EG 10 minutes 1 10 minutes 1,220 hours Final Telephone Screen ...... ACG/EG 1766 1 20 minutes 589 hours Final In-person interview ...... EG 884 1 1.25 hours 1,105 hours

Total ...... 5,814 hours

Seleda Perryman, DEPARTMENT OF HEALTH AND that was scheduled to be held on Office of the Secretary, Paperwork Reduction HUMAN SERVICES Tuesday, Feb. 9th, 2010. This meeting Act Reports Clearance Officer. has been cancelled in its entirety. We [FR Doc. 2010–2511 Filed 2–4–10; 8:45 am] Public Meeting of the President’s will publish a new notice when the Advisory Council on Faith-Based and BILLING CODE 4150–39–P meeting has been rescheduled. Neighborhood Partnerships FOR FURTHER INFORMATION CONTACT: ACTION: Notice. Mara Vanderslice, White House Office of Faith-Based and Neighborhood SUMMARY: A notice was published in the Partnerships at Federal Register on Tuesday, Feb. 2, [email protected]. 2010, to announce a meeting of the President’s Advisory Council on Faith- Based and Neighborhood Partnerships

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Dated: February 2, 2010. information to the Division of Dockets respondents, including through the use Jamison Citron, Management (HFA–305), Food and Drug of automated collection techniques, Special Assistant, Office of Faith-Based and Administration, 5630 Fishers Lane, rm. when appropriate, and other forms of Neighborhood Partnerships. 1061, Rockville, MD 20852. All information technology. [FR Doc. 2010–2577 Filed 2–4–10; 8:45 am] comments should be identified with the Guidance for Industry on How to docket number found in brackets in the BILLING CODE 4154–07–P Submit a Notice of Intent to Slaughter heading of this document. for Human Food Purposes in Electronic FOR FURTHER INFORMATION CONTACT: Format to the Center for Veterinary DEPARTMENT OF HEALTH AND Denver Presley, Jr., Office of Information HUMAN SERVICES Medicine—Section 512(j) of the Federal Management, Food and Drug Food, Drug, and Cosmetic Act (OMB Administration, 1350 Piccard Dr., PI50– Food and Drug Administration Control Number 0910–0450)—Extension 400B, Rockville, MD 20850, 301–796– [Docket No. FDA–2010–D–0035] 3793. Section 512(j) of the Federal Food, Drug, and Cosmetic Act (the act) (21 Agency Information Collection SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501–3520), Federal U.S.C. 360b(j)) gives FDA the authority Activities; Proposed Collection; to set conditions under which animals Comment Request; Guidance for agencies must obtain approval from the Office of Management and Budget treated with investigational new animal Industry on How to Submit a Notice of drugs may be marketed for food use. Intent to Slaughter for Human Food (OMB) for each collection of information they conduct or sponsor. Under this authority, CVM issues to a Purposes in Electronic Format to the new animal drug sponsor (sponsors) a Center for Veterinary Medicine ‘‘Collection of information’’ is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) slaughter authorization letter that sets AGENCY: Food and Drug Administration, and includes agency requests or the terms under which investigational HHS. requirements that members of the public animals may be slaughtered. The U.S. ACTION: Notice. submit reports, keep records, or provide Department of Agriculture (USDA),also information to a third party. Section monitors the slaughter of animals SUMMARY: The Food and Drug 3506(c)(2)(A) of the PRA (44 U.S.C. treated with investigational new animal Administration (FDA) is announcing an 3506(c)(2)(A)) requires Federal agencies drugs under the authority of the Meat opportunity for public comment on the to provide a 60-day notice in the Inspection Act (21 U.S.C. 601–695). proposed collection of certain Federal Register concerning each Sponsors must submit slaughter notices information by the agency. Under the proposed collection of information, each time investigational animals are Paperwork Reduction Act of 1995 (the including each proposed extension of an presented for slaughter, unless this PRA), Federal agencies are required to existing collection of information, requirement is waived by an publish notice in the Federal Register before submitting the collection to OMB authorization letter (21 CFR 511.1(b)(5) concerning each proposed collection of for approval. To comply with this and 9 CFR 309.17). These notifications information, including each proposed requirement, FDA is publishing notice assist CVM and USDA in monitoring the extension of an existing collection of of the proposed collection of safety of the food supply. Slaughter information, and to allow 60 days for information set forth in this document. notices were previously submitted to public comment in response to the With respect to the following CVM and USDA in paper format. CVM’s notice. This notice solicits comments on collection of information, FDA invites guidance on ‘‘How to Submit a Notice of the reporting requirements for the comments on these topics: (1) Whether Intent to Slaughter for Human Food information collection on how to submit the proposed collection of information Purposes in Electronic Format to the a notice of intent to slaughter for human is necessary for the proper performance Center for Veterinary Medicine’’ food purposes in electronic format to of FDA’s functions, including whether provides sponsors with the option for the Center for Veterinary Medicine the information will have practical submitting a slaughter notice as an e- (CVM). utility; (2) the accuracy of FDA’s mail attachment to CVM and USDA by DATES: Submit written or electronic estimate of the burden of the proposed the Internet. The electronic submission comments on the collection of collection of information, including the of slaughter notices is part of CVM’s information by April 6, 2010. validity of the methodology and ongoing initiative to provide a method ADDRESSES: Submit electronic assumptions used; (3) ways to enhance for paperless submissions. The likely comments on the collection of the quality, utility, and clarity of the respondents are new animal drug information to http:// information to be collected; and (4) sponsors. www.regulations.gov. Submit written ways to minimize the burden of the FDA estimates the burden of this comments on the collection of collection of information on collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

# No. of. Annual Frequency Total Annual Hours per Section of the act/FDA Form Respondents per Response Responses Responses Total Hours

512(j)/3488 40 0.4 162 .08 1.3 1 There are no capital costs or operating and maintenance costs associated with this collection of information. 2 Electronic submissions received between January 1, 2008, and December 31, 2008.

The number of respondents in table 1 annual responses are based on a review responses times .08 hours per response of this document is the number of of the actual number of submissions = 1.3 total hours. sponsors registered to make electronic made between January 1, 2008, and Submitting a slaughter notice submissions (40). The number of total December 31, 2008. Sixteen total annual electronically represents an alternative

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to submitting a notice of intent to public comment in response to the of the proposed collection of slaughter on paper. The reporting notice. This notice solicits comments on information set forth in this document. burden for compilation and submission the reporting requirements regarding With respect to the following of this information on paper is included how to use e-mail to submit a request collection of information, FDA invites in OMB clearance of the information for a meeting or teleconference in comments on these topics: (1) Whether collection provisions of 21 CFR 511.1 electronic format to the Center for the proposed collection of information (OMB Control No. 0910–0450). The Veterinary Medicine (CVM). is necessary for the proper performance estimates in table 1 of this document of FDA’s functions, including whether DATES: Submit written or electronic reflect the burden associated with the information will have practical comments on the collection of putting the same information on FDA utility; (2) the accuracy of FDA’s information by April 6, 2010. Form 3488 and resulted from previous estimate of the burden of the proposed discussions with sponsors about the ADDRESSES: Submit electronic collection of information, including the time necessary to complete this form. comments on the collection of validity of the methodology and Dated: January 29, 2010. information to http:// assumptions used; (3) ways to enhance www.regulations.gov. Submit written David Dorsey, the quality, utility, and clarity of the comments on the collection of information to be collected; and (4) Acting Deputy Commissioner for Policy, information to the Division of Dockets Planning and Budget. ways to minimize the burden of the Management (HFA–305), Food and Drug collection of information on [FR Doc. 2010–2461 Filed 2–4–10; 8:45 am] Administration, 5630 Fishers Lane, rm. respondents, including through the use BILLING CODE 4160–01–S 1061, Rockville, MD 20852. All of automated collection techniques, comments should be identified with the when appropriate, and other forms of DEPARTMENT OF HEALTH AND docket number found in brackets in the information technology. heading of this document. HUMAN SERVICES Guidance for Industry on How to FOR FURTHER INFORMATION CONTACT: Submit a Request for a Meeting or Food and Drug Administration Denver Presley, Jr., Office of Information Teleconference in Electronic Format to [Docket No. FDA–2010–D–0043] Management (HFA–710), Food and Drug The Center for Veterinary Medicine— Administration, 5600 Fishers Lane, 21 CFR 10.65 (OMB Control Number— Agency Information Collection Rockville, MD 20857, 301–796–3793. (0910–0452)—Extension Activities; Proposed Collection; SUPPLEMENTARY INFORMATION: Under the CVM holds meetings and/or Comment Request; Guidance for PRA (44 U.S.C. 3501–3520), Federal teleconferences when a sponsor requests Industry on How to Use E-Mail to agencies must obtain approval from the a presubmission conference under 21 Submit a Request for a Meeting or Office of Management and Budget CFR 514.5, or requests a meeting to Teleconference in Electronic Format to (OMB) for each collection of discuss general questions. Generally, The Center for Veterinary Medicine information they conduct or sponsor. meeting requests are submitted to CVM AGENCY: Food and Drug Administration, ‘‘Collection of information’’ is defined in on paper. However, CVM now allows HHS. 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) registered sponsors to submit ACTION: Notice. and includes agency requests or information electronically, and to requirements that members of the public request meetings electronically, if they SUMMARY: The Food and Drug submit reports, keep records, or provide determine this is more efficient and Administration (FDA) is announcing an information to a third party. Section time saving for them. CVM’s guidance opportunity for public comment on the 3506(c)(2)(A) of the PRA (44 U.S.C. on ‘‘How to Submit a Request for a proposed collection of certain 3506(c)(2)(A)) requires Federal agencies Meeting or Teleconference in Electronic information by the agency. Under the to provide a 60-day notice in the Format to CVM’’ provides sponsors with Paperwork Reduction Act of 1995 (the Federal Register concerning each the option to submit a request for a PRA), Federal agencies are required to proposed collection of information, meeting or teleconference as an e-mail publish notice in the Federal Register including each proposed extension of an attachment by the internet. concerning each proposed collection of existing collection of information, The likely respondents are sponsors information, including each proposed before submitting the collection to OMB for new animal drug applications. FDA extension of an existing collection of for approval. To comply with this estimates the burden of this collection information, and to allow 60 days for requirement, FDA is publishing notice of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

No. of Annual Frequency Total Annual 21 CFR Section/FDA Form 3489 Hours per Total Hours Respondents per Response Responses2 Response

10.64 40 2.4 96 .08 7.7 1 There are no capital costs or operating and maintenance costs associated with this collection of information. 2 Electronic submissions received between January 1, 2008, and December 31, 2008.

The number of respondents in table 1 2008, and December 31, 2008, (96 x Dated: January 28, 2010. of this document is the number of hours per response (.08) = 7.7 total David Dorsey, sponsors registered to make electronic hours). Acting Deputy Commissioner for Policy, submissions (40). The number of total Planning and Budget. annual responses is based on a review [FR Doc. 2010–2459 Filed 2–4–10; 8:45 am] of the actual number of such BILLING CODE 4160–01–S submissions made between January 1,

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DEPARTMENT OF HEALTH AND comments should be identified with the collection of information, including the HUMAN SERVICES docket number found in brackets in the validity of the methodology and heading of this document. assumptions used; (3) ways to enhance Food and Drug Administration FOR FURTHER INFORMATION CONTACT: the quality, utility, and clarity of the [Docket No. FDA–2010–N–0033] Daniel Gittleson, Office of Information information to be collected; and (4) Management (HFA–710), Food and Drug ways to minimize the burden of the Agency Information Collection Administration, 5600 Fishers Lane, collection of information on Activities; Proposed Collection; Rockville, MD 20857, 301–796–5156, respondents, including through the use Comment Request; Postmarket [email protected]. of automated collection techniques, Surveillance when appropriate, and other forms of SUPPLEMENTARY INFORMATION: Under the information technology. AGENCY: Food and Drug Administration, PRA (44 U.S.C. 3501–3520), Federal HHS. agencies must obtain approval from the Postmarket Surveillance—21 CFR Part ACTION: Notice. Office of Management and Budget 822 (OMB Control Number 0910– (OMB) for each collection of 0449)—Extension SUMMARY: The Food and Drug information they conduct or sponsor. Section 522(a) of the Federal Food, Administration (FDA) is announcing an ‘‘Collection of information’’ is defined in Drug and Cosmetic Act (the act) (21 opportunity for public comment on the 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) U.S.C. 360l) authorizes FDA to require proposed collection of certain and includes agency requests or manufacturers to conduct postmarket information by the agency. Under the requirements that members of the public surveillance (PS) of any device that Paperwork Reduction Act of 1995 (the submit reports, keep records, or provide meets the criteria set forth in the statute. PRA), Federal agencies are required to information to a third party. Section publish notice in the Federal Register 3506(c)(2)(A) of the PRA (44 U.S.C. The PS regulation establishes concerning each proposed collection of 3506(c)(2)(A)) requires Federal agencies procedures that FDA uses to approve information, including each proposed to provide a 60-day notice in the and disapprove PS plans. The regulation extension of an existing collection of Federal Register concerning each provides instructions to manufacturers information, and to allow 60 days for proposed collection of information, so they know what information is public comment in response to the including each proposed extension of an required in a PS plan submission. FDA notice. This notice solicits comments on existing collection of information before reviews PS plan submissions in information collection requirements for submitting the collection to OMB for accordance with part 822 (21 CFR part Postmarket Surveillance. approval. To comply with this 822) in §§ 822.15 to 822.19 of the DATES: Submit written or electronic requirement, FDA is publishing notice regulation, which describe the grounds comments on the collection of of the proposed collection of for approving or disapproving a PS plan. information by April 6, 2010. information set forth in this document. In addition, the PS regulation provides ADDRESSES: Submit electronic With respect to the following instructions to manufacturers to submit comments on the collection of collection of information, FDA invites interim and final reports in accordance information to http:// comments on these topics: (1) Whether with § 822.38. www.regulations.gov. Submit written the proposed collection of information Respondents to this collection of comments on the collection of is necessary for the proper performance information are those manufacturers information to the Division of Dockets of FDA’s functions, including whether who require postmarket surveillance of Management (HFA–305), Food and Drug the information will have practical their products. Administration, 5630 Fishers Lane, rm. utility; (2) the accuracy of FDA’s FDA estimates the burden of this 1061, Rockville, MD 20852. All estimate of the burden of the proposed collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

No. of Annual Frequency Total Annual Hours per 21 CFR Section Respondents per Response Responses Response Total Hours

822.9, 822.10 21 1 21 120 2,520

822.21 (supplements) 5 1 5 40 200

822.28 (stop marketing) 5 1 5 8 40

822.29 (request waiver) 1 1 1 40 40

822.30 (request exemption) 1 1 1 40 40

822.38 (reports) 40 1 40 40 1,600

Total 4,440 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

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TABLE 2.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1

No. of Annual Frequency Total Annual Hours per 21 CFR Section Recordkeepers per Recordkeeping Record Records Total Hours

822.31 21 1 21 20 420

822.32 63 1 63 10 630

Total 1,050 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Explanation of Reporting Burden DEPARTMENT OF HEALTH AND FOR FURTHER INFORMATION CONTACT: Estimate HUMAN SERVICES Denver Presley, Jr., Office of Information Management, Food and Drug The burden captured in table 1 for Food and Drug Administration Administration, 1350 Piccard Dr., PI50– this document for each of these 400B, Rockville, MD 20850, 301–796– responses is based on the data available [Docket No. FDA–2010–D–0034] 3793. in FDA’s internal tracking system for 2009. There was not an internal tracking Agency Information Collection SUPPLEMENTARY INFORMATION: Under the system prior to 2009. Activities; Proposed Collection; PRA (44 U.S.C. 3501–3520), Federal Comment Request; Guidance for Sections 822.26, 822.27, and 822.34 agencies must obtain approval from the Industry on How to Submit a Notice of do not constitute information collection Office of Management and Budget Final Disposition of Investigational (OMB) for each collection of subject to review under the PRA Animals Not Intended for Immediate because ‘‘it entails no burden other than information they conduct or sponsor. Slaughter in Electronic Format to the ‘‘Collection of information’’ is defined in that necessary to identify the Center for Veterinary Medicine respondent, the date, the respondent’s 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) address, and the nature of the AGENCY: Food and Drug Administration, and includes agency requests or instrument.’’ (5 CFR 1320.3(h)(1)). HHS. requirements that members of the public ACTION: Notice. submit reports, keep records, or provide Explanation of Recordkeeping Burden information to a third party. Section Estimate SUMMARY: The Food and Drug 3506(c)(2)(A) of the PRA (44 U.S.C. Administration (FDA) is announcing an 3506(c)(2)(A)) requires Federal agencies FDA expects that at least some of the opportunity for public comment on the to provide a 60-day notice in the manufacturers will be able to satisfy the proposed collection of certain Federal Register concerning each PS requirement using information or information by the agency. Under the proposed collection of information, data they already have. For purposes of Paperwork Reduction Act of 1995 (the including each proposed extension of an calculating burden, however, FDA has PRA), Federal agencies are required to existing collection of information, assumed that each PS order can only be publish notice in the Federal Register before submitting the collection to OMB satisfied by a 3-year clinically-based concerning each proposed collection of for approval. To comply with this surveillance plan, using three information, including each proposed requirement, FDA is publishing notice investigators. These estimates are based extension of an existing collection of of the proposed collection of on FDA’s knowledge and experience information, and to allow 60 days for information set forth in this document. with limited implementation of section public comment in response to the 522 under the Safe Medical Devices Act. notice. This notice solicits comments on With respect to the following Therefore, FDA would expect that the the reporting requirements for the collection of information, FDA invites recordkeeping requirements would information collection activity ‘‘How to comments on these topics: (1) Whether apply to a maximum of 21 Submit a Notice of Final Disposition of the proposed collection of information manufacturers (3 to 4 added each year) Investigational Animals Not Intended is necessary for the proper performance and 30 investigators (3 per surveillance for Immediate Slaughter In Electronic of FDA’s functions, including whether plan). After 3 years, FDA would expect Format to the Center for Veterinary the information will have practical these numbers to remain level as the Medicine.’’ utility; (2) the accuracy of FDA’s surveillance plans conducted under the DATES: Submit written or electronic estimate of the burden of the proposed earliest orders reach completion and comments on the collection of collection of information, including the new orders are issued. information by April 6, 2010. validity of the methodology and assumptions used; (3) ways to enhance Dated: January 27, 2010. ADDRESSES: Submit electronic the quality, utility, and clarity of the David Dorsey, comments on the collection of information to http:// information to be collected; and (4) Acting Deputy Commissioner for Policy, www.regulations.gov. Submit written ways to minimize the burden of the Planning and Budget. comments on the collection of collection of information on [FR Doc. 2010–2458 Filed 2–4–10; 8:45 am] information to the Division of Dockets respondents, including through the use BILLING CODE 4160–01–S Management (HFA–305), Food and Drug of automated collection techniques, Administration, 5630 Fishers Lane, rm. when appropriate, and other forms of 1061, Rockville, MD 20852. All information technology. comments should be identified with the docket number found in brackets in the heading of this document.

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Guidance for Industry on How to an investigational study. CVM’s intended for immediate slaughter. Submit a Notice of Final Disposition of monitoring of the final disposition of NFDAs have historically been submitted Investigational Animals Not Intended investigational food animals is intended to CVM on paper. CVM’s guidance for Immediate Slaughter in Electronic to ensure that unsafe residues of new entitled ‘‘How to Submit a Notice of Format to the Center for Veterinary animal drugs do not get into the food Final Disposition of Investigational Medicine—21 CFR 514.117(b)(2) and 21 supply. CVM issues a slaughter Animals Not Intended for Immediate CFR 511.1(b)(5); (OMB Control Number authorization letter to investigational Slaughter in Electronic Format to CVM,’’ 0910–0453)—Extension new animal drug (INAD) sponsors that provides sponsors with an option to sets the terms under which submit an NFDA as an e-mail The Center for Veterinary Medicine investigational animals may be attachment to CVM via the Internet. (CVM) monitors the final disposition of slaughtered (21 CFR 511.1(b)(5)). Also The likely respondents are INAD investigational animals where such in the letter, CVM requests that sponsors sponsors. animals do not enter the human food submit a notice of final disposition of FDA estimates the burden of this chain immediately at the completion of investigational animals (NFDA) not collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

21 CFR Section/Form No. 3487 No. of Annual Frequency Total Annual Hours per Total Hours Respondents per Response Responses2 Response

511.1(b)(5) 40 0.4 16 .08 1.3 1 There are no capital costs or operating and maintenance costs associated with this collection of information. 2 Electronic submissions received between January 1, 2008, and December 31, 2008.

The number of respondents in table 1 PRA), Federal agencies are required to 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) of this document are the number of publish notice in the Federal Register and includes agency requests or sponsors registered to make electronic concerning each proposed collection of requirements that members of the public submissions (40). The number of total information, including each proposed submit reports, keep records, or provide annual responses is based on a review extension of an existing collection of information to a third party. Section of the actual number of such information, and to allow 60 days for 3506(c)(2)(A) of the PRA (44 U.S.C. submissions made between January 1, public comment in response to the 3506(c)(2)(A)) requires Federal agencies 2008, and December 31, 2008. Thus, notice. This notice solicits comments on to provide a 60-day notice in the FDA estimates the total reporting the reporting requirements for the Federal Register concerning each burden at 1.3 hours (16 x .08 = 1.3 total Center for Veterinary Medicine’s proposed collection of information, hours). (CVM’s) ‘‘Guidance for Industry on How including each proposed extension of an Dated: January 29, 2010. to Submit Information in Electronic existing collection of information, Format to the Center for Veterinary David Dorsey, before submitting the collection to OMB Medicine Using the FDA Electronic Acting Deputy Commissioner for Policy, for approval. To comply with this Gateway.’’ Planning and Budget. requirement, FDA is publishing notice [FR Doc. 2010–2527 Filed 2–4–10; 8:45 am] DATES: Submit written or electronic of the proposed collection of BILLING CODE 4160–01–S comments on the collection of information set forth in this document. information by April 6, 2010. With respect to the following ADDRESSES: Submit electronic collection of information, FDA invites DEPARTMENT OF HEALTH AND comments on the collection of comments on these topics: (1) Whether HUMAN SERVICES information to http:// the proposed collection of information www.regulations.gov. Submit written is necessary for the proper performance Food and Drug Administration comments on the collection of of FDA’s functions, including whether [Docket No. FDA–2010–N–0057] information to the Division of Dockets Management (HFA–305), Food and Drug the information will have practical Agency Information Collection Administration, 5630 Fishers Lane, rm. utility; (2) the accuracy of FDA’s Activities; Proposed Collection; 1061, Rockville, MD 20852. All estimate of the burden of the proposed Comment Request; Guidance for comments should be identified with the collection of information, including the Industry on How to Submit Information docket number found in brackets in the validity of the methodology and in Electronic Format to the Center for heading of this document. assumptions used; (3) ways to enhance Veterinary Medicine Using the Food FOR FURTHER INFORMATION CONTACT: the quality, utility, and clarity of the and Drug Administration Electronic Denver Presley, Jr., Office of the information to be collected; and (4) Submission Gateway Information Management (HFA–710), ways to minimize the burden of the collection of information on AGENCY: Food and Drug Administration, Food and Drug Administration, 5600 HHS. Fishers Lane, Rockville, MD 20857, respondents, including through the use 301–796–3793. of automated collection techniques, ACTION: Notice. SUPPLEMENTARY INFORMATION: Under the when appropriate, and other forms of SUMMARY: The Food and Drug PRA (44 U.S.C. 3501–3520), Federal information technology. Administration (FDA) is announcing an agencies must obtain approval from the opportunity for public comment on the Office of management and budget proposed collection of certain (OMB) for each collection of information by the agency. Under the information they conduct or sponsor. Paperwork Reduction Act of 1995 (the ‘‘Collection of information’’ is defined in

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Guidance for Industry on How to requirement for a paper copy. These ‘‘Guidance for Industry: How to Submit Submit Information in Electronic types of documents are listed in public Information in Electronic Format to Format to the Center for Veterinary docket 97S–0251 as required by 21 CFR CVM Using the FDA Electronic Medicine Using the FDA Electronic 11.2. CVM’s ability to receive and Submission Gateway’’ outlines general Submission Gateway—21 CFR 11.2 process information submitted standards to be used for the submission (OMB Control Number 0910–0454)— electronically is limited by its current of any information by e-mail. Extension) information technology capabilities and The likely respondents are sponsors the requirements of the Electronic for new animal drug applications. CVM accepts certain types of Records; Electronic Signatures final FDA estimates the burden of this submissions electronically with no regulation. CVM’s guidance entitled collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

21 CFR Section/FDA Form 3538 No. of Annual Frequency Total Annual Hours per Total Hours Respondents per Response Responses2 Response

11.2 40 1.3 52 .08 4.2 1 There are no capital costs or operating and maintenance costs associated with this collection of information. 2 Electronic submissions received between July 1, 2005, and June 30, 2006.

The number of respondents in table 1 Agenda: To review and evaluate grant Date: March 11, 2010. of this document is the number of applications. Time: 8:30 a.m. to 5 p.m. sponsors registered to make electronic Place: Bethesda Marriott Suites, 6711 Agenda: To review and evaluate grant submissions (40). The number of total Democracy Boulevard, Bethesda, MD 20817. applications. Contact Person: Peter Kozel, PhD, Place: Gaylord National Hotel & annual responses is based on a review Scientific Review Officer, NCCAM, 6707 Convention Center, 201 Waterfront Street, of the actual number of such Democracy Boulevard, Suite 401, Bethesda, National Harbor, MD 20745. submissions made between January 1, MD 20892–5475, 301–496–8004, Contact Person: John K. Hayes, PhD, 2008 and December 31, 2008, (52 x [email protected]. Scientific Review Officer, 6707 Democracy hours per response (.08) =4.2 total (Catalogue of Federal Domestic Assistance Boulevard, Suite 959, Democracy Two, hours). Program Nos. 93.213, Research and Training Bethesda, MD 20892, 301–451–3398, in Complementary and Alternative Medicine, [email protected]. Dated: January 29, 2010. National Institutes of Health, HHS) David Dorsey, Dated: February 1, 2010 Dated: January 29, 2010. Acting Deputy Commissioner for Policy, Jennifer Spaeth, Planning and Budget. Jennifer Spaeth, Director, Office of Federal Advisory [FR Doc. 2010–2523 Filed 2–4–10; 8:45 am] Director, Office of Federal Advisory Committee Policy. Committee Policy. BILLING CODE 4160–01–S [FR Doc. 2010–2562 Filed 2–4–10; 8:45 am] [FR Doc. 2010–2557 Filed 2–4–10; 8:45 am] BILLING CODE 4140–01–P BILLING CODE 4140–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health HUMAN SERVICES National Institutes of Health National Center for Complementary & National Institutes of Health Alternative Medicine; Notice of Closed Center for Scientific Review; Notice of Meeting National Institute of Biomedical Closed Meeting Imaging and Bioengineering; Notice of Pursuant to section 10(d) of the Closed Meeting Pursuant to section 10(d) of the Federal Advisory Committee Act, as Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is Pursuant to section 10(d) of the amended (5 U.S.C. App.), notice is hereby given of the following meeting. Federal Advisory Committee Act, as hereby given of the following meeting. The meeting will be closed to the amended (5 U.S.C. App.), notice is The meeting will be closed to the public in accordance with the hereby given of the following meeting. public in accordance with the provisions set forth in sections The meeting will be closed to the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., public in accordance with the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and provisions set forth in sections as amended. The grant applications and the discussions could disclose 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., the discussions could disclose confidential trade secrets or commercial as amended. The grant applications and confidential trade secrets or commercial property such as patentable material, the discussions could disclose property such as patentable material, and personal information concerning confidential trade secrets or commercial and personal information concerning individuals associated with the grant property such as patentable material, individuals associated with the grant applications, the disclosure of which and personal information concerning applications, the disclosure of which would constitute a clearly unwarranted individuals associated with the grant would constitute a clearly unwarranted invasion of personal privacy. applications, the disclosure of which invasion of personal privacy. would constitute a clearly unwarranted Name of Committee: National Center for Name of Committee: Center for Scientific Complementary and Alternative Medicine invasion of personal privacy. Review Special Emphasis Panel, Member Special Emphasis Panel Training. Name of Committee: National Institute of Conflict: Neurodevices, Bioengineering and Date: March 1, 2010. Biomedical Imaging and Bioengineering Biomodeling. Time: 8 a.m. to 5 p.m. Special; 2010/05 SBIR Review. Date: February 24, 2010.

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Time: 2 p.m. to 5 p.m. Federal Register on January 26, 2010, 75 Place: National Institutes of Health, 6701 Agenda: To review and evaluate grant FR 4093. Rockledge Drive, Bethesda, MD 20892 applications. (Virtual Meeting). Place: National Institutes of Health, 6701 This Federal Register Notice is being Contact Person: Priscilla B. Chen, PhD, Rockledge Drive, Bethesda, MD 20892. amended to change the location of the Scientific Review Officer, Center for (Telephone Conference Call.) Experimental Therapeutics Ad Hoc Scientific Review, National Institutes of Contact Person: Vilen A. Movsesyan, PhD, Subcommittee Meeting location to the Health, 6701 Rockledge Drive, Room 4104, Scientific Review Officer, Center for NIH Campus, 6th Floor, Conference MSC 7814, Bethesda, MD 20892, (301) 435– Scientific Review, National Institutes of Room 7, C Wing, Building 31 instead of 1787, [email protected]. Health, 6701 Rockledge Drive, Room 4040M, the Hyatt Regency Bethesda Hotel. The Name of Committee: Center for Scientific MSC 7806, Bethesda, MD 20892. 301–402– start and end times have also been Review Special Emphasis Panel; Fellowship: 7278. [email protected]. Oncological Sciences. changed to 12 p.m. to 1 p.m. instead of Date: February 22–23, 2010. (Catalogue of Federal Domestic Assistance 6:30 p.m. to 8 p.m. Program Nos. 93.306, Comparative Medicine; Time: 8 a.m. to 5 p.m. 93.333, Clinical Research, 93.306, 93.333, Dated: January 28, 2010. Agenda: To review and evaluate grant applications. 93.337, 93.393–93.396, 93.837–93.844, Jennifer Spaeth, Place: Hyatt Regency Bethesda, One 93.846–93.878, 93.892, 93.893, National Director, Office of Federal Advisory Institutes of Health, HHS) Bethesda Metro Center, 7400 Wisconsin Committee Policy. Avenue, Bethesda, MD 20814. Dated: January 28, 2010. [FR Doc. 2010–2440 Filed 2–4–10; 8:45 am] Contact Person: Ross D. Shonat, PhD, Jennifer Spaeth, BILLING CODE 4140–01–P Scientific Review Officer, Center for Director, Office of Federal Advisory Scientific Review, National Institutes of Committee Policy. Health, 6701 Rockledge Drive, Room 5156, MSC 7849, Bethesda, MD 20892, 301–435– [FR Doc. 2010–2464 Filed 2–4–10; 8:45 am] DEPARTMENT OF HEALTH AND 2786, [email protected]. HUMAN SERVICES BILLING CODE 4140–01–P Name of Committee: Center for Scientific National Institutes of Health Review Special Emphasis Panel; Member Conflict: Clinical Neuroimmunology and DEPARTMENT OF HEALTH AND Brain Tumors. HUMAN SERVICES Center for Scientific Review; Notice of Date: February 25–26, 2010. Closed Meetings Time: 11 a.m. to 5 p.m. National Institutes of Health Agenda: To review and evaluate grant Pursuant to section 10(d) of the applications. Center for Scientific Review; Amended Federal Advisory Committee Act, as Place: National Institutes of Health, 6701 Notice of Meeting amended (5 U.S.C. App.), notice is Rockledge Drive, Bethesda, MD 20892 hereby given of the following meetings. (Virtual Meeting). Notice is hereby given of a change in Contact Person: Samuel C. Edwards, PhD, The meetings will be closed to the the meeting of the Center for Scientific Chief, BDCN IRG, Center for Scientific public in accordance with the Review, National Institutes of Health, 6701 Review Special Emphasis Panel, provisions set forth in sections Rockledge Drive, Room 4200, MSC 7812, February 24, 2010, 6 p.m. to February 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Bethesda, MD 20892, (301) 435–1152, 26, 2010, 4 p.m., Hilton Salt Lake City as amended. The grant applications and [email protected]. Center, 255 South West Temple, Salt the discussions could disclose Name of Committee: Center for Scientific Lake City, UT, 84101 which was confidential trade secrets or commercial Review Special Emphasis Panel; Member published in the Federal Register on Conflicts in Biobehavioral Regulation. property such as patentable material, January 26, 2010, 75 FR 4092–4093. Date: March 2, 2010. and personal information concerning The meeting title has been changed to Time: 9:30 a.m. to 12 p.m. individuals associated with the grant Agenda: To review and evaluate grant ‘‘Program Project: Integrative Biomedical applications, the disclosure of which applications. Computing Resource Center’’. The would constitute a clearly unwarranted Place: National Institutes of Health, 6701 meeting is closed to the public. invasion of personal privacy. Rockledge Drive, Bethesda, MD 20892 Dated: January 28, 2010. (Telephone Conference Call). Name of Committee: Center for Scientific Contact Person: Jane A. Doussard- Jennifer Spaeth, Review Special Emphasis Panel; Member Roosevelt, PhD, Scientific Review Officer, Director, Office of Federal Advisory Conflict: CASE and KNOD. Center for Scientific Review, National Committee Policy. Date: February 19, 2010. Institutes of Health, 6701 Rockledge Drive, [FR Doc. 2010–2462 Filed 2–4–10; 8:45 am] Time: 12 p.m. to 5 p.m. Room 3184, MSC 7848, Bethesda, MD 20892, BILLING CODE 4140–01–P Agenda: To review and evaluate grant (301) 435–4445, [email protected]. applications. Name of Committee: Center for Scientific Place: National Institutes of Health, 6701 Review Special Emphasis Panel; Member DEPARTMENT OF HEALTH AND Rockledge Drive, Bethesda, MD 20892 Conflict: Cardiovascular Ion Channels. (Telephone Conference Call). HUMAN SERVICES Date: March 4, 2010. Contact Person: Bob Weller, PhD, Time: 2 p.m. to 4 p.m. Scientific Review Officer, Center for National Institutes of Health Agenda: To review and evaluate grant Scientific Review, National Institutes of applications. Health, 6701 Rockledge Drive, Room 3160, National Cancer Institute; Amended Place: National Institutes of Health, 6701 MSC 7770, Bethesda, MD 20892, (301) 435– Notice of Meeting Rockledge Drive, Bethesda, MD 20892 0694, [email protected]. (Telephone Conference Call). Notice is hereby given of a change in Name of Committe: Center for Scientific Contact Person: Joseph Thomas Peterson, PhD, Scientific Review Officer, Center for the meeting of the National Cancer Review Special Emphasis Panel; Oral Microbiology, Immunology and Wound Scientific Review, National Institutes of Advisory Board, February 8, 2010, 6:30 Healing. Health, 6701 Rockledge Drive, Room 4118, p.m. to February 10, 2010, 12 p.m., Date: February 22–24, 2010. MSC 7814, Bethesda, MD 20892, 301–443– National Institutes of Health, Building Time: 1 p.m. to 7 p.m. 8130. 31, 31 Center Drive, Bethesda, MD Agenda: To review and evaluate grant Name of Committee: Center for Scientific 20892, which was published in the applications. Review Special Emphasis Panel; Member

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Conflict: Age and Social Support and Agenda: To review and evaluate personal DEPARTMENT OF HEALTH AND Cognition. qualifications and performance, and HUMAN SERVICES Date: March 5, 2010. competence of individual investigators. Time: 1 p.m. to 3 p.m. Place: Double Tree Hotel, 8120 Wisconsin National Institutes of Health Agenda: To review and evaluate grant Avenue, Bethesda, MD 20814. applications. Contact Person: Brian E. Wojcik, PhD, Center for Scientific Review; Amended Place: National Institutes of Health, 6701 Senior Review Administrator, Institute Notice of Meeting Rockledge Drive, Bethesda, MD 20892 Review Office, Office of the Director, (Telephone Conference Call). National Cancer Institute, 6116 Executive Notice is hereby given of a change in Contact Person: Anna L. Riley, PhD, Boulevard, Room 2201, Bethesda, MD 20892. the meeting of the Center for Scientific Scientific Review Officer, Center for (301) 496–7628. [email protected]. Review Special Emphasis Panel, In the interest of security, NIH has Scientific Review, National Institutes of February 17, 2010, 11 a.m. to February Health, 6701 Rockledge Drive, Room 3114, instituted stringent procedures for entrance MSC 7759, Bethesda, MD 20892, 301–435– onto the NIH campus. All visitor vehicles, 17, 2010, 2 p.m., National Institutes of 2889, [email protected]. including taxicabs, hotel, and airport shuttles Health, 6701 Rockledge Drive, Bethesda, (Catalogue of Federal Domestic Assistance will be inspected before being allowed on MD 20892, which was published in the Program Nos. 93.306, Comparative Medicine; campus. Visitors will be asked to show one Federal Register on January 26, 2010, 75 93.333, Clinical Research, 93.306, 93.333, form of identification (for example, a FR 4095. 93.337, 93.393–93.396, 93.837–93.844, government-issued photo ID, driver’s license, The meeting title has been changed to or passport) and to state the purpose of their 93.846–93.878, 93.892, 93.893, National ‘‘Member Conflict: CDIN and CNN visit. Institutes of Health, HHS) Member Applications I.’’ The meeting is Information is also available on the Dated: January 29, 2010. Institute’s/Center’s home page: http:// closed to the public. Jennifer Spaeth, deainfo.nci.nih.gov/advisory/bsc.htm, where Dated: January 28, 2010. Director, Office of Federal Advisory an agenda and any additional information for Jennifer Spaeth, the meeting will be posted when available. Committee Policy. Director, Office of Federal Advisory [FR Doc. 2010–2439 Filed 2–4–10; 8:45 am] (Catalogue of Federal Domestic Assistance Committee Policy. Program Nos. 93.392, Cancer Construction; BILLING CODE 4140–01–P 93.393, Cancer Cause and Prevention [FR Doc. 2010–2435 Filed 2–4–10; 8:45 am] Research; 93.394, Cancer Detection and BILLING CODE 4140–01–P Diagnosis Research; 93.395, Cancer DEPARTMENT OF HEALTH AND Treatment Research; 93.396, Cancer Biology HUMAN SERVICES Research; 93.397, Cancer Centers Support; DEPARTMENT OF HEALTH AND 93.398, Cancer Research Manpower; 93.399, HUMAN SERVICES National Institutes of Health Cancer Control, National Institutes of Health, HHS) National Institutes of Health National Cancer Institute; Notice of Dated: January 29, 2010. Closed Meeting National Center for Complementary & Jennifer Spaeth, Alternative Medicine; Notice of Closed Pursuant to section 10(d) of the Director, Office of Federal Advisory Meeting Federal Advisory Committee Act, as Committee Policy. amended (5 U.S.C. App.), notice is [FR Doc. 2010–2438 Filed 2–4–10; 8:45 am] Pursuant to section 10(d) of the hereby given of a meeting of the Board BILLING CODE 4140–01–P Federal Advisory Committee Act, as of Scientific Counselors for Clinical amended (5 U.S.C. App.), notice is Sciences and Epidemiology National hereby given of the following meeting. Cancer Institute. DEPARTMENT OF HEALTH AND The meeting will be closed to the HUMAN SERVICES public in accordance with the The meeting will be closed to the provisions set forth in sections public as indicated below in accordance National Institutes of Health 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., with the provisions set forth in section as amended. The grant applications and 552b(c)(6), Title 5 U.S.C., as amended Center for Scientific Review; Amended the discussions could disclose for the review, discussion, and Notice of Meeting confidential trade secrets or commercial evaluation of individual intramural Notice is hereby given of a change in property such as patentable material, programs and projects conducted by the and personal information concerning National Cancer Institute, including the meeting of the Center for Scientific Review Special Emphasis Panel, individuals associated with the grant consideration of personnel applications, the disclosure of which qualifications and performance, and the February 10, 2010, 8 a.m. to February 10, 2010, 5 p.m., National Institutes of would constitute a clearly unwarranted competence of individual investigators, invasion of personal privacy. the disclosure of which would Health, 6701 Rockledge Drive, Bethesda, constitute a clearly unwarranted MD 20892, which was published in the Name of Committee: National Center for invasion of personal privacy. Federal Register on January 11, 2010, 75 Complementary and Alternative Medicine FR 1397–1399. Special Emphasis Panel; Basic Science R21s, Name of Committee: Board of Scientific The meeting has been changed to a Ks. Counselors for Clinical Sciences and video assisted meeting. The meeting Date: March 8–9, 2010. Epidemiology National Cancer Institute. time has been changed to 11 a.m. to 3 Time: 8 a.m. to 5 p.m. Date: March 15, 2010. Agenda: To review and evaluate grant Time: 9 a.m. to 3 p.m. p.m. on February 10, 2010. The meeting applications. Agenda: To review and evaluate personal is closed to the public. Place: Courtyard by Marriott, Gaithersburg qualifications and performance, and Dated: January 28, 2010. Washingtonian Center, 204 Boardwalk Place, competence of individual investigators. Jennifer Spaeth, Gaithersburg, MD. Place: National Institutes of Health, Contact Person: Peter Kozel, PhD, National Cancer Institute, 9000 Rockville Director, Office of Federal Advisory Scientific Review Officer, NCCAM, 6707 Pike, Building 31, Conference Room 10, Committee Policy. Democracy Boulevard, Suite 401, Bethesda, Bethesda, MD 20892. [FR Doc. 2010–2437 Filed 2–4–10; 8:45 am] MD 20892–5475, 301–496–8004, Time: 6 p.m. to 10 p.m. BILLING CODE 4140–01–P [email protected].

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(Catalogue of Federal Domestic Assistance Dated: January 27, 2010. amended (5 U.S.C. App.), notice is Program Nos. 93.213, Research and Training Jennifer Spaeth, hereby given of the following meeting. in Complementary and Alternative Medicine, Director, Office of Federal Advisory The meeting will be closed to the National Institutes of Health, HHS) Committee Policy. public in accordance with the Dated: January 27, 2010. [FR Doc. 2010–2432 Filed 2–4–10; 8:45 am] provisions set forth in sections Jennifer Spaeth, BILLING CODE 4140–01–P 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Director, Office of Federal Advisory as amended. The contract proposals and Committee Policy. the discussions could disclose [FR Doc. 2010–2434 Filed 2–4–10; 8:45 am] DEPARTMENT OF HEALTH AND confidential trade secrets or commercial property such as patentable material, BILLING CODE 4140–01–P HUMAN SERVICES and personal information concerning National Institutes of Health individuals associated with the contract proposals, the disclosure of which DEPARTMENT OF HEALTH AND National Library of Medicine; Notice of HUMAN SERVICES would constitute a clearly unwarranted Closed Meeting invasion of personal privacy. National Institutes of Health Pursuant to section 10(d) of the Name of Committee: National Institute on Drug Abuse Special Emphasis Panel, Rapid National Institute on Aging; Notice of Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is Assessments Tools of Sexual and Drug Use Closed Meetings Risk Behaviors (5555). hereby given of the following meeting. Date: February 11, 2010. Pursuant to section 10(d) of the The meeting will be closed to the Time: 1 p.m. to 4 p.m. Federal Advisory Committee Act, as public in accordance with the Agenda: To review and evaluate contract amended (5 U.S.C. App.), notice is provisions set forth in sections proposals. hereby given of the following meetings. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Place: National Institutes of Health, 6101 as amended. The grant applications and Executive Boulevard, Rockville, MD 20852, The meetings will be closed to the (Telephone Conference Call) public in accordance with the the discussions could disclose Contact Person: Gerald L. McLaughlin, provisions set forth in sections confidential trade secrets or commercial PhD, Scientific Review Administrator, Office 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., property such as patentable material, of Extramural Affairs, National Institute on as amended. The grant applications and and personal information concerning Drug Abuse, NIH, DHHS, Room 220, MSC 8401, 6101 Executive Blvd., Bethesda, MD the discussions could disclose individuals associated with the grant applications, the disclosure of which 20892–8401, 301–402–6626, confidential trade secrets or commercial [email protected]. property such as patentable material, would constitute a clearly unwarranted invasion of personal privacy. This notice is being published less than 15 and personal information concerning days prior to the meeting due to the timing individuals associated with the grant Name of Committee: National Library of limitations imposed by the review and applications, the disclosure of which Medicine Special Emphasis Panel. funding cycle. would constitute a clearly unwarranted Date: April 22, 2010. (Catalogue of Federal Domestic Assistance invasion of personal privacy. Time: 12 p.m. to 3 p.m. Program Nos. 93.279, Drug Abuse and Agenda: To review and evaluate grant Addiction Research Programs, National Name of Committee: National Institute on applications. Institutes of Health, HHS) Aging Initial Review Group, Behavior and Place: National Library of Medicine, 6705 Social Science of Aging Review Committee. Rockledge Drive, Suite 301, Bethesda, MD Dated: January 28, 2010. Date: March 4–5, 2010. 20817, (Telephone Conference Call). Jennifer Spaeth, Time: 4 p.m. to 12 p.m. Contact Person: Zoe E. Huang, MD, Director, Office of Federal Advisory Agenda: To review and evaluate grant Scientific Review Officer, Extramural Committee Policy. applications. Programs, National Library of Medicine, NIH, [FR Doc. 2010–2430 Filed 2–4–10; 8:45 am] Place: Embassy Suites Chevy Chase, 4300 6705 Rockledge Drive, Suite 301, Bethesda, Military Road, Washington, DC 20015. MD 20892–7968, (301) 594–4937, BILLING CODE 4140–01–M Contact Person: Jeannette L. Johnson, PhD, [email protected]. Scientific Review Officer, National Institute (Catalogue of Federal Domestic Assistance DEPARTMENT OF HEALTH AND on Aging, National Institutes of Health, 7201 Program Nos. 93.879, Medical Library Wisconsin Avenue, Suite 2C–212, Bethesda, Assistance, National Institutes of Health, HUMAN SERVICES MD 20892. 301–402–7705. HHS) National Institutes of Health [email protected]. Dated: January 29, 2010. Name of Committee: National Institute on Jennifer Spaeth, National Institute of Diabetes and Aging Initial Review Group, Clinical Aging Digestive and Kidney Diseases; Notice Review Committee. Director, Office of Federal Advisory of Closed Meetings Date: March 4–5, 2010. Committee Policy. Time: 6 p.m. to 4 p.m. [FR Doc. 2010–2431 Filed 2–4–10; 8:45 am] Pursuant to section 10(d) of the Agenda: To review and evaluate grant BILLING CODE 4140–01–M Federal Advisory Committee Act, as applications. amended (5 U.S.C. App.), notice is Place: Embassy Suites Chevy Chase, 4300 hereby given of the following meetings. Military Road, Washington, DC 20015. DEPARTMENT OF HEALTH AND The meetings will be closed to the Contact Person: Alicja L. Markowska, PhD, HUMAN SERVICES DSC, National Institute on Aging, National public in accordance with the Institutes of Health, Gateway Building 2C212, National Institutes of Health provisions set forth in sections 7201 Wisconsin Avenue, Bethesda, MD 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 20892. 301–496–9666. National Institute on Drug Abuse; as amended. The grant applications and [email protected]. Notice of Closed Meeting the discussions could disclose (Catalogue of Federal Domestic Assistance confidential trade secrets or commercial Program Nos. 93.866, Aging Research, Pursuant to section 10(d) of the property such as patentable material, National Institutes of Health, HHS) Federal Advisory Committee Act, as and personal information concerning

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individuals associated with the grant DEPARTMENT OF HEALTH AND provisions set forth in sections applications, the disclosure of which HUMAN SERVICES 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., would constitute a clearly unwarranted as amended. The grant applications and invasion of personal privacy. National Institutes of Health the discussions could disclose confidential trade secrets or commercial Name of Committee: National Institute of National Institute of Allergy and Diabetes and Digestive and Kidney Diseases property such as patentable material, Infectious Diseases; Notice of Closed and personal information concerning Special Emphasis Panel, Randomized Meeting Intervention for Vesicoureteral Reflux individuals associated with the grant (RIVUR). Pursuant to section 10(d) of the applications, the disclosure of which Date: March 8, 2010. Federal Advisory Committee Act, as would constitute a clearly unwarranted Time: 10 a.m. to 12 p.m. amended (5 U.S.C. App.), notice is invasion of personal privacy. Agenda: To review and evaluate grant hereby given of the following meeting. Name of Committee: National Institute of applications. The meeting will be closed to the Place: National Institutes of Health, Two Allergy and Infectious Diseases Special Democracy Plaza, 6707 Democracy public in accordance with the Emphasis Panel RFA–AI–09–040 Protection Boulevard, Bethesda, MD 20892. (Telephone provisions set forth in sections of Human Health by Immunology and Conference Call) 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Vaccines U01. Contact Person: Lakshmanan Sankaran, as amended. The contract proposals and Date: March 1–3, 2010. PhD, Scientific Review Officer, Review the discussions could disclose Time: 8 a.m. to 6 p.m. Branch, DEA, NIDDK, National Institutes of confidential trade secrets or commercial Agenda: To review and evaluate grant Health, Room 755, 6707 Democracy applications. property such as patentable material, Place: Hyatt Regency Bethesda, One Boulevard, Bethesda, MD 20892–5452, (301) and personal information concerning 594–7799, [email protected]. Bethesda Metro Center, 7400 Wisconsin individuals associated with the contract Avenue, Lalique, Bethesda, MD 20814. Name of Committee: National Institute of proposals, the disclosure of which Contact Person: Quirijn Vos, PhD, Diabetes and Digestive and Kidney Diseases would constitute a clearly unwarranted Scientific Review Officer, Scientific Review Special Emphasis Panel, Seed Grant— invasion of personal privacy. Program, Division of Extramural Activities, Diabetic Complications. NIH/NIAID/DHHS, 6700B Rockledge Drive, Date: March 16, 2010. Name of Committee: National Institute of MSC 7616, Bethesda, MD 20892, 301–451– Allergy and Infectious Diseases Special Time: 1 p.m. to 3 p.m. 2666, [email protected]. Agenda: To review and evaluate grant Emphasis Panel; Nonhuman Primate Cellular (Catalogue of Federal Domestic Assistance applications. Immunology Core for HIV Vaccine Research. Program Nos. 93.855, Allergy, Immunology, Place: National Institutes of Health, Two Date: March 1, 2010. and Transplantation Research; 93.856, Democracy Plaza, 6707 Democracy Time: 12 p.m. to 3 p.m. Agenda: To review and evaluate contract Microbiology and Infectious Diseases Boulevard, Bethesda, MD 20892. (Telephone Research, National Institutes of Health, HHS) Conference Call). proposals. Contact Person: Atul Sahai, PhD, Scientific Place: National Institutes of Health, Dated: February 1, 2010. Rockledge 6700, 6700B Rockledge Drive, Review Officer, Review Branch, DEA, Jennifer Spaeth, Bethesda, MD 20817. NIDDK, National Institutes of Health, Contact Person: Erica L. Brown, PhD, Director, Office of Federal Advisory Room 759, 6707 Democracy Boulevard, Scientific Review Officer, Scientific Review Committee Policy. Bethesda, MD 20892–5452, (301) 594–2242, Program, Division of Extramural Activities, [FR Doc. 2010–2563 Filed 2–4–10; 8:45 am] [email protected]. National Institutes of Health/NIAID, 6700B BILLING CODE 4140–01–P Name of Committee: National Institute of Rockledge Drive, MSC 7616, Bethesda, MD Diabetes and Digestive and Kidney Diseases 20892–7616, 301–451–2639, Special Emphasis Panel, Kidney Disease [email protected]. DEPARTMENT OF HEALTH AND Ancillary Studies. (Catalogue of Federal Domestic Assistance HUMAN SERVICES Date: March 24, 2010. Program Nos. 93.855, Allergy, Immunology, Time: 1 p.m. to 5 p.m. and Transplantation Research; 93.856, National Institutes of Health Agenda: To review and evaluate grant Microbiology and Infectious Diseases applications. Research, National Institutes of Health, HHS) National Cancer Institute; Notice of Place: National Institutes of Health, Two Dated: February 1, 2010. Closed Meeting Democracy Plaza, 6707 Democracy Jennifer Spaeth, Boulevard, Bethesda, MD 20892. (Telephone Conference Call). Director, Office of Federal Advisory Pursuant to section 10(d) of the Contact Person: Atul Sahai, PhD, Scientific Committee Policy. Federal Advisory Committee Act, as Review Officer, Review Branch, DEA, [FR Doc. 2010–2565 Filed 2–4–10; 8:45 am] amended (5 U.S.C. App.), notice is NIDDK, National Institutes of Health, Room BILLING CODE 4140–01–P hereby given of a meeting of the Board 759, 6707 Democracy Boulevard, Bethesda, of Scientific Counselors for Basic MD 20892–5452, (301) 594–2242, Sciences National Cancer Institute. The [email protected]. DEPARTMENT OF HEALTH AND meeting will be closed to the public as (Catalogue of Federal Domestic Assistance HUMAN SERVICES indicated below in accordance with the Program Nos. 93.847, Diabetes, provisions set forth in section Endocrinology and Metabolic Research; National Institutes of Health 552b(c)(6), Title 5 U.S.C., as amended 93.848, Digestive Diseases and Nutrition for the review, discussion, and National Institute of Allergy and Research; 93.849, Kidney Diseases, Urology evaluation of individual intramural and Hematology Research, National Institutes Infectious Diseases; Notice of Closed programs and projects conducted by the of Health, HHS) Meeting National Cancer Institute, including Dated: February 1, 2010. Pursuant to section 10(d) of the consideration of personnel Jennifer Spaeth, Federal Advisory Committee Act, as qualifications and performance, and the Director, Office of Federal Advisory amended (5 U.S.C. App.), notice is competence of individual investigators, Committee Policy. hereby given of the following meeting. the disclosure of which would [FR Doc. 2010–2569 Filed 2–4–10; 8:45 am] The meeting will be closed to the constitute a clearly unwarranted BILLING CODE 4140–01–P public in accordance with the invasion of personal privacy.

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Name of Committee: Board of Scientific Individuals who plan to attend and Open: March 2, 2010, 8:30 a.m. to 10:10 Counselors for Basic Sciences National need special assistance, such as sign a.m. Cancer Institute. language interpretation or other Agenda: An overview of the organization Date: March 15–16, 2010. reasonable accommodations, should and research in the Laboratory of Signal Time: March 15, 2010, 6 p.m. to 10 p.m. Transduction. Agenda: To review and evaluate personal notify the Contact Person listed below Place: Nat. Inst. of Environmental Health qualifications and performance, and in advance of the meeting. Sciences, Building 101, Rodbell Auditorium, competence of individual investigators. The meeting will be closed to the 111 T. W. Alexander Drive, Conference Place: Double Tree Hotel, 8120 Wisconsin public as indicated below in accordance Rooms 101 A, B, and C, Research Triangle Avenue, Bethesda, MD 20814. with the provisions set forth in section Park, NC 27709. Time: March 16, 2010, 9 p.m. to 2:30 p.m. 552b(c)(6), Title 5 U.S.C., as amended Closed: March 2, 2010, 10:30 a.m. to 1 p.m. Agenda: To review and evaluate personal for the review, discussion, and Agenda: To review and evaluate qualifications and performance, and evaluation of individual intramural programmatic and personnel issues. competence of individual investigators. Place: Nat. Inst. of Environmental Health Place: National Institutes of Health, programs and projects conducted by the National Institute of Environmental Sciences, Building 101, Rodbell Auditorium, National Cancer Institute, 9000 Rockville 111 T. W. Alexander Drive, Conference Pike, Building 31, Conference Room 6, Health Sciences, including Rooms 101 A, B, and C, Research Triangle Bethesda, MD 20814. consideration of personnel Park, NC 27709. Contact Person: Florence E. Farber, PhD, qualifications and performance, and the Contact Person: John Pritchard, Acting Executive Secretary, Office of the Director, competence of individual investigators, National Cancer Institute, National Institutes Scientific Director, Office of the Director, the disclosure of which would National Institute of Environmental Health of Health, 6116 Executive Boulevard, Room constitute a clearly unwarranted 2205, Bethesda, MD 20892, 301–496–7628, Sciences, 111 T.W. Alexander Drive, [email protected]. invasion of personal privacy. Research Triangle Park, NC 27709–2233, (919) 541–4054, [email protected]. In the interest of security, NIH has Name of Committee: Board of Scientific Any interested person may file written instituted stringent procedures for entrance Counselors, NIEHS. comments with the committee by forwarding onto the NIH campus. All visitor vehicles, Date: February 28, 2010–March 2, 2010. the statement to the Contact Person listed on including taxicabs, hotel, and airport shuttles Closed: February 28, 2010, 7 p.m. to 10 will be inspected before being allowed on p.m. this notice. The statement should include the campus. Visitors will be asked to show one Agenda: To review and evaluate name, address, telephone number and when form of identification (for example, a programmatic and personnel issues. applicable, the business or professional government-issued photo ID, driver’s license, Place: Doubletree Guest Suites, 2515 affiliation of the interested person. or passport) and to state the purpose of their Meridian Parkway, Research Triangle Park, (Catalogue of Federal Domestic Assistance visit. NC 27713. Program Nos. 93.115, Biometry and Risk Information is also available on the Open: March 1, 2010, 8:30 a.m. to 1 p.m. Estimation—Health Risks from Institute’s/Center’s home page: http:// Agenda: An overview of the organization Environmental Exposures; 93.142, NIEHS deainfo.nci.nih.gov/advisory/bsc/bs/bs.htm, and research in the Laboratory of Signal Hazardous Waste Worker Health and Safety where an agenda and any additional Transduction. Training; 93.143, NIEHS Superfund information for the meeting will be posted Place: Nat. Inst. of Environmental Health Hazardous Substances—Basic Research and when available. Sciences, Building 101, Rodbell Auditorium, Education; 93.894, Resources and Manpower (Catalogue of Federal Domestic Assistance 111 T. W. Alexander Drive, Conference Development in the Environmental Health Program Nos. 93.392, Cancer Construction; Rooms 101 A, B, and C, Research Triangle Sciences; 93.113, Biological Response to 93.393, Cancer Cause and Prevention Park, NC 27709. Environmental Health Hazards; 93.114, Applied Toxicological Research and Testing, Research; 93.394, Cancer Detection and Closed: March 1, 2010, 1 p.m. to 3:45 p.m. National Institutes of Health, HHS) Diagnosis Research; 93.395, Cancer Agenda: To review and evaluate Treatment Research; 93.396, Cancer Biology programmatic and personnel issues. Dated: January 27, 2010. Research; 93.397, Cancer Centers Support; Place: Nat. Inst. of Environmental Health Jennifer Spaeth, 93.398, Cancer Research Manpower; 93.399, Sciences, Building 101, Rodbell Auditorium, Director, Office of Federal Advisory Cancer Control, National Institutes of Health, 111 T. W. Alexander Drive, Conference Committee Policy. HHS) Rooms 101 A, B, and C, Research Triangle Park, NC 27709. [FR Doc. 2010–2433 Filed 2–4–10; 8:45 am] Dated: January 29, 2010. Open: March 1, 2010, 4 p.m. to 5:40 p.m. BILLING CODE 4140–01–P Jennifer Spaeth, Agenda: An overview of the organization Director, Office of Federal Advisory and research in the Laboratory of Signal Committee Policy. Transduction. DEPARTMENT OF HEALTH AND [FR Doc. 2010–2436 Filed 2–4–10; 8:45 am] Place: Nat. Inst. of Environmental Health HUMAN SERVICES BILLING CODE 4140–01–P Sciences, Building 101, Rodbell Auditorium, 111 T. W. Alexander Drive, Conference National Institutes of Health Rooms 101 A, B, and C, Research Triangle DEPARTMENT OF HEALTH AND Park, NC 27709. Center for Scientific Review; Notice of HUMAN SERVICES Closed: March 1, 2010, 5:40 p.m. to 6:10 Closed Meetings p.m. National Institutes of Health Agenda: To review and evaluate Pursuant to section 10(d) of the programmatic and personnel issues. Federal Advisory Committee Act, as Place: Nat. Inst. of Environmental Health amended (5 U.S.C. App.), notice is National Institute of Environmental Sciences, Building 101, Rodbell Auditorium, Health Sciences; Notice of Meeting hereby given of the following meetings. 111 T. W. Alexander Drive, Conference The meetings will be closed to the Pursuant to section 10(d) of the Rooms 101 A, B, and C, Research Triangle public in accordance with the Park, NC 27709. Federal Advisory Committee Act, as provisions set forth in sections amended (5 U.S.C. App.), notice is Closed: March 1, 2010, 7:30 p.m. to 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Adjournment. as amended. The grant applications and hereby given of a meeting of the Board Agenda: To review and evaluate of Scientific Counselors, NIEHS. programmatic and personnel issues. the discussions could disclose The meeting will be open to the Place: Doubletree Guest Suites, 2515 confidential trade secrets or commercial public as indicated below, with Meridian Parkway, Research Triangle Park, property such as patentable material, attendance limited to space available. NC 27713. and personal information concerning

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individuals associated with the grant Date: March 8, 2010. Name of Committee: Center for Scientific applications, the disclosure of which Time: 8 a.m. to 12 p.m. Review Special Emphasis Panel, Member would constitute a clearly unwarranted Agenda: To review and evaluate grant Conflicts: Lung Physiology. invasion of personal privacy. applications. Date: March 9–10, 2010. Place: Doubletree Hotel Bethesda, Time: 9 a.m. to 6 p.m. Name of Committee: Center for Scientific (Formerly Holiday Inn Select), 8120 Agenda: To review and evaluate grant Review Special Emphasis Panel, Gene and Wisconsin Avenue, Bethesda, MD 20814. applications. Drug Delivery. Contact Person: David Weinberg, PhD, Place: National Institutes of Health, 6701 Date: February 22, 2010. Scientific Review Officer, Center for Rockledge Drive, Bethesda, MD 20892. Time: 2 p.m. to 4 p.m. Scientific Review, National Institutes of (Virtual Meeting.) Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 6170, Contact Person: George M. Barnas, PhD, applications. MSC 7892, Bethesda, MD 20892. 301–435– Scientific Review Officer, Center for Place: National Institutes of Health, 6701 1044. [email protected]. Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892. Health, 6701 Rockledge Drive, Room 4220, (Telephone Conference Call). Name of Committee: Center for Scientific MSC 7818, Bethesda, MD 20892. 301–435– Contact Person: Amy L. Rubinstein, PhD, Review Special Emphasis Panel, Topics in 0696. [email protected]. Bacterial Pathogenesis. Scientific Review Officer, Center for Name of Committee: Center for Scientific Date: March 8–9, 2010. Scientific Review, National Institutes of Review Special Emphasis Panel, Member Time: 8 a.m. to 5 p.m. Health, 6701 Rockledge Drive, Room 5152 Conflict: Cell Biology. Agenda: To review and evaluate grant MSC 7844, Bethesda, MD 20892. 301–435– Date: March 9, 2010. 1159. [email protected]. applications. Time: 1 p.m. to 3 p.m. Name of Committee: Center for Scientific Place: Hilton Alexandria Old Town, 1767 Agenda: To review and evaluate grant Review Special Emphasis Panel, Member King Street, Alexandria,, VA 22314. applications. Conflict: NPAS and PMDA Member Contact Person: Rolf Menzel, PhD, Place: National Institutes of Health, 6701 Applications. Scientific Review Officer, Center for Rockledge Drive, Bethesda, MD 20892. Date: February 25, 2010. Scientific Review, National Institutes of (Telephone Conference Call.) Time: 1 p.m. to 3:30 p.m. Health, 6701 Rockledge Drive, Room 3196, Contact Person: Steven Nothwehr, PhD, Agenda: To review and evaluate grant MSC 7808, Bethesda, MD 20892. 301–435– Scientific Review Officer, Center for applications. 0952. [email protected]. Scientific Review, National Institutes of Place: National Institutes of Health, 6701 Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 5183, Rockledge Drive, Bethesda, MD 20892. Review Special Emphasis Panel, Small MSC 7840, Bethesda, MD 20892. (Telephone Conference Call). Business Grant Applications: Immunology. 301.408.9435. [email protected]. Date: March 8–9, 2010. Contact Person: Suzan Nadi, PhD, Name of Committee: Center for Scientific Time: 8:30 a.m. to 6 p.m. Scientific Review Officer, Center for Review Special Emphasis Panel, Fellowship: Agenda: To review and evaluate grant Scientific Review, National Institutes of Cell Biology and Development. applications. Health, 6701 Rockledge Drive, Room 5217B, Date: March 11–12, 2010. MSC 7846, Bethesda, MD 20892. 301–435– Place: Catamaran Resort, 3999 Mission Time: 8 a.m. to 5 p.m. 1259. [email protected]. Boulevard, San Diego, CA 92109. Agenda: To review and evaluate grant Contact Person: Stephen M. Nigida, PhD, Name of Committee: Center for Scientific applications. Scientific Review Officer, Center for Review Special Emphasis Panel, PAR07–379: Place: Embassy Suites at the Chevy Chase Behavioral and Social Science Research on Scientific Review, National Institutes of Pavilion, 4300 Military Road, NW., Understanding and Reducing Health Health, 6701 Rockledge Drive, Room 4212, Washington, DC 20015. Disparities. MSC 7812, Bethesda, MD 20892. 301–435– Contact Person: Alessandra M. Bini, PhD, Date: March 8, 2010. 1222. [email protected]. Scientific Review Officer, Center for Time: 8 a.m. to 5 p.m. Name of Committee: Center for Scientific Scientific Review, National Institutes of Agenda: To review and evaluate grant Review Special Emphasis Panel, HD–09–009: Health, 6701 Rockledge Drive, Room 5142, applications. Fertility Preservation Research. MSC 7840, Bethesda, MD 20892. 301–435– Place: Embassy Suites at the Chevy Chase Date: March 8, 2010. 1024. [email protected]. Pavilion, 4300 Military Road, NW., Time: 1 p.m. to 6 p.m. Name of Committee: Center for Scientific Washington, DC 20015. Agenda: To review and evaluate grant Review Special Emphasis Panel, Fellowship: Contact Person: Michael Micklin, PhD, applications. Neurodevelopment, Synaptic Plasticity and Scientific Review Officer, Center for Place: Doubletree Hotel Bethesda, Neurodegeneration. Scientific Review, National Institutes of (Formerly Holiday Inn Select), 8120 Date: March 11–12, 2010. Health, 6701 Rockledge Drive, Room 3136, Wisconsin Avenue, Bethesda, MD 20814. Time: 8 a.m. to 6 p.m. MSC 7759, Bethesda, MD 20892. (301) 435– Contact Person: David Weinberg, PhD, Agenda: To review and evaluate grant 1258. [email protected]. Scientific Review Officer, Center for applications. Name of Committee: AIDS and Related Scientific Review, National Institutes of Place: Dupont Hotel, 1500 New Hampshire Research Integrated Review Group, AIDS Health, 6701 Rockledge Drive, Room 6170, Avenue, NW., Washington, DC 20036. Molecular and Cellular Biology Study MSC 7892, Bethesda, MD 20892. 301–435– Contact Person: Vilen A. Movsesyan, PhD, Section. 1044. [email protected]. Scientific Review Officer, Center for Date: March 8, 2010. Name of Committee: Center for Scientific Scientific Review, National Institutes of Time: 8 a.m. to 5 p.m. Review Special Emphasis Panel, Health, 6701 Rockledge Drive, Room 4040M, Agenda: To review and evaluate grant Fellowships: Diversity Program. MSC 7806, Bethesda, MD 20892. 301–402– applications. Date: March 9, 2010. 7278. [email protected]. Place: Bahia Resort Hotel, 998 West Time: 8 a.m. to 4 p.m. Name of Committee: Center for Scientific Mission Bay Drive, San Diego, CA 92109. Agenda: To review and evaluate grant Review Special Emphasis Panel, Contact Person: Kenneth A. Roebuck, PhD, applications. Fellowships: Healthcare Delivery and Scientific Review Officer, Center for Place: Hyatt Regency Bethesda, One Methodologies. Scientific Review, National Institutes of Bethesda Metro Center, 7400 Wisconsin Date: March 11, 2010. Health, 6701 Rockledge Drive, Room 5214, Avenue, Bethesda, MD 20814. Time: 8 a.m. to 5 p.m. MSC 7852, Bethesda, MD 20892. (301) 435– Contact Person: Peter J. Perrin, PhD, Agenda: To review and evaluate grant 1166. [email protected]. Scientific Review Officer, Center for applications. Name of Committee: Center for Scientific Scientific Review, National Institutes of Place: The Fairmont San Francisco, 950 Review Special Emphasis Panel, PAR09– Health, 6701 Rockledge Drive, Room 2180, Mason Street, San Francisco, CA 94108. 154–155–156: Translational Research in MSC 7818, Bethesda, MD 20892. (301) 435– Contact Person: Katherine N. Bent, PhD, Pediatric and Obstetric Pharmacology. 0682. [email protected]. Chief, Healthcare Delivery and

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Methodologies IRG, Center for Scientific DEPARTMENT OF HEALTH AND Dated: January 29, 2010. Review, National Institutes of Health, 6701 HUMAN SERVICES Jennifer Spaeth, Rockledge Drive, Room 3160, MSC 7770, Director, Office of Federal Advisory Bethesda, MD 20892. (301) 435–0695. National Institutes of Health Committee Policy. [email protected]. [FR Doc. 2010–2560 Filed 2–4–10; 8:45 am] National Institute of Arthritis and Name of Committee: Center for Scientific BILLING CODE 4140–01–P Review Special Emphasis Panel, Small Musculoskeletal and Skin Diseases; Business—Respiratory Sciences. Notice of Closed Meetings Date: March 11–12, 2010. Pursuant to section 10(d) of the DEPARTMENT OF HOMELAND Time: 9 a.m. to 5 p.m. SECURITY Agenda: To review and evaluate grant Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is applications. Federal Emergency Management hereby given of the following meetings. Place: National Institutes of Health, 6701 Agency Rockledge Drive, Bethesda, MD 20892. The meetings will be closed to the (Virtual Meeting.) public in accordance with the [Internal Agency Docket No. FEMA–3307– Contact Person: Ghenima Dirami, PhD, provisions set forth in sections EM; Docket ID FEMA–2010–0002] Scientific Review Officer, Center for 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Arizona; Emergency and Related Scientific Review, National Institutes of as amended. The grant applications and Determinations Health, 6701 Rockledge Drive, Room 4122, the discussions could disclose MSC 7814, Bethesda, MD 20892. 301–594– confidential trade secrets or commercial AGENCY: Federal Emergency 1321. [email protected]. property such as patentable material, Management Agency, DHS. Name of Committee: Center for Scientific and personal information concerning ACTION: Notice. Review Special Emphasis Panel, Member individuals associated with the grant Conflicts: Cell Biology. applications, the disclosure of which SUMMARY: This is a notice of the Date: March 11, 2010. would constitute a clearly unwarranted Presidential declaration of an Time: 2 p.m. to 4 p.m. invasion of personal privacy. emergency for the State of Arizona Agenda: To review and evaluate grant Name of Committee: National Institute of (FEMA–3307–EM), dated January 24, applications. Arthritis and Musculoskeletal and Skin 2010 and related determinations. Place: National Institutes of Health, 6701 Diseases Special Emphasis Panel, Ancillary DATES: Effective Date: January 24, 2010. Rockledge Drive, Bethesda, MD 20892. Clinical Studies. FOR FURTHER INFORMATION CONTACT: (Telephone Conference Call.) Date: February 16, 2010. Contact Person: Alexandra M. Ainsztein, Time: 1 p.m. to 3 p.m. Peggy Miller, Disaster Assistance PhD, Scientific Review Officer, Center for Agenda: To review and evaluate grant Directorate, Federal Emergency Scientific Review, National Institutes of applications. Management Agency, 500 C Street, SW., Health, 6701 Rockledge Drive, Room 5144, Place: National Institutes of Health, One Washington, DC 20472, (202) 646–3886. MSC 7840, Bethesda, MD 20892. 301–451– Democracy Plaza, 6701 Democracy SUPPLEMENTARY INFORMATION: Notice is 3848. [email protected]. Boulevard, Suite 800, Bethesda, MD 20892, hereby given that, in a letter dated (Telephone Conference Call). January 24, 2010, the President issued Name of Committee: Center for Scientific Contact Person: Charles H Washabaugh, Review Special Emphasis Panel, Fellowship: PhD, Scientific Review Officer, Review an emergency declaration under the Psychopathology, Developmental Branch, NIAMS/NIH, 6701 Democracy Blvd., authority of the Robert T. Stafford Disabilities, Stress and Aging. Suite 800, Bethesda, MD 20892, (301) 594– Disaster Relief and Emergency Date: March 12, 2010. 4952, [email protected]. Assistance Act, 42 U.S.C. 5121–5207 Time: 8 a.m. to 6 p.m. Name of Committee: National Institute of (the Stafford Act), as follows: Agenda: To review and evaluate grant Arthritis and Musculoskeletal and Skin I have determined that the emergency applications. Diseases Special Emphasis Panel, Career conditions in certain areas of the State of Place: St. Gregory Hotel, 2033 M Street, Development, Research Training & Pathways Arizona resulting from a severe winter storm NW., Washington, DC 20036. to Independence Review. beginning on January 20, 2010, and Contact Person: Cheri Wiggs, PhD, Date: March 1, 2010. continuing, are of sufficient severity and Scientific Review Officer, Center for Time: 1:30 p.m. to 5 p.m. magnitude to warrant an emergency Agenda: To review and evaluate grant Scientific Review, National Institutes of declaration under the Robert T. Stafford applications. Health, 6701 Rockledge Drive, Room 3180, Disaster Relief and Emergency Assistance Place: National Institutes of Health, Two ‘‘ MSC 7848, Bethesda, MD 20892. (301) 435– Act, 42 U.S.C. 5121 et seq. ( the Stafford Democracy Plaza, 6701 Democracy Act’’). Therefore, I declare that such an 1261. [email protected]. Boulevard, Bethesda, MD 20892, (Telephone emergency exists in the State of Arizona. (Catalogue of Federal Domestic Assistance Conference Call). You are authorized to provide appropriate Program Nos. 93.306, Comparative Medicine; Contact Person: Charles H Washabaugh, assistance for required emergency measures, 93.333, Clinical Research, 93.306, 93.333, PhD, Scientific Review Officer, Review authorized under Title V of the Stafford Act, 93.337, 93.393–93.396, 93.837–93.844, Branch, NIAMS/NIH, 6701 Democracy Blvd., to save lives and to protect property and 93.846–93.878, 93.892, 93.893, National Suite 800, Bethesda, MD 20892, (301) 594– public health and safety, and to lessen or 4952, [email protected]. Institutes of Health, HHS) avert the threat of a catastrophe in the Any interested person may file written designated areas. Specifically, you are Dated: January 29, 2010. comments with the committee by forwarding authorized to provide assistance for Jennifer Spaeth, the statement to the Contact Person listed on emergency protective measures (Category B), this notice. The statement should include the Director, Office of Federal Advisory limited to direct Federal assistance, under name, address, telephone number and when the Public Assistance program. This Committee Policy. applicable, the business or professional assistance excludes regular time costs for [FR Doc. 2010–2558 Filed 2–4–10; 8:45 am] affiliation of the interested person. subgrantees’ regular employees. BILLING CODE 4140–01–P (Catalogue of Federal Domestic Assistance Consistent with the requirement that Program Nos. 93.846, Arthritis, Federal assistance is supplemental, any Musculoskeletal and Skin Diseases Research, Federal funds provided under the Stafford National Institutes of Health, HHS) Act for Public Assistance will be limited to

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75 percent of the total eligible costs. In order HUD for suitability for possible use to Housing Voucher Programs, Office of to provide Federal assistance, you are hereby assist the homeless. Public and Indian Housing, Department authorized to allocate from funds available DATES: Effective Date: February 5, 2010. of Housing and Urban Development, for these purposes such amounts as you find 451 Seventh Street, SW., Room 4228, necessary for Federal emergency assistance FOR FURTHER INFORMATION CONTACT: and administrative expenses. Kathy Ezzell, Department of Housing Washington, DC 20410–5000, telephone Further, you are authorized to make and Urban Development, 451 Seventh (202) 402–0477. Hearing- or speech- changes to this declaration for the approved Street, SW., Room 7262, Washington, impaired individuals may call HUD’s assistance to the extent allowable under the DC 20410; telephone (202) 708–1234; TTY number at (800) 927–7589. (Only Stafford Act. TTY number for the hearing- and the ‘‘800’’ telephone number is toll-free.) The Federal Emergency Management speech-impaired (202) 708–2565, (these SUPPLEMENTARY INFORMATION: The Agency (FEMA) hereby gives notice that telephone numbers are not toll-free), or regulations governing the housing pursuant to the authority vested in the call the toll-free Title V information line choice voucher program are published Administrator, Department of Homeland at 800–927–7588. at 24 CFR 982. The regulations for Security, under Executive Order 12148, SUPPLEMENTARY INFORMATION: In allocating housing assistance budget as amended, Mark A Neveau, of FEMA accordance with the December 12, 1988 authority under Section 213(d) of the is appointed to act as the Federal court order in National Coalition for the Housing and Community Development Coordinating Officer for this declared Homeless v. Veterans Administration, Act of 1974 are published at 24 CFR part emergency. No. 88–2503–OG (D.D.C.), HUD 791, subpart D. The following areas of the State of publishes a Notice, on a weekly basis, The purpose of this rental assistance Arizona have been designated as identifying unutilized, underutilized, program is to assist eligible families to adversely affected by this declared excess and surplus Federal buildings pay their rent for decent, safe, and emergency: and real property that HUD has sanitary housing. The FY 2009 awardees announced in this notice were provided Apache, Coconino, and Navajo Counties, reviewed for suitability for use to assist and the Hopi Tribe and Navajo Nation within the homeless. Today’s Notice is for the Section 8 funds on an as-needed, non- these counties for emergency protective purpose of announcing that no competitive basis, i.e., not consistent measures (Category B), limited to direct additional properties have been with the provisions of a Notice of Federal assistance, under the Public determined suitable or unsuitable this Funding Availability (NOFAs). Tenant Assistance program. week. protection voucher awards made to The following Catalog of Federal Domestic PHAs for program actions that displace Assistance Numbers (CFDA) are to be used Dated: January 28, 2009. families living in public housing were for reporting and drawing funds: 97.030, Mark R. Johnston, made on a first-come, first-served basis Community Disaster Loans; 97.031, Cora Deputy Assistant Secretary for Special Needs. in accordance with PIH Notice 2007–10, Brown Fund; 97.032, Crisis Counseling; [FR Doc. 2010–2209 Filed 2–4–10; 8:45 am] Voucher Funding in Connection with 97.033, Disaster Legal Services; 97.034, BILLING CODE 4210–67–P the Demolition or Disposition of Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; Occupied Public Housing Units. 97.048, Disaster Housing Assistance to Announcements of awards provided Individuals and Households In Presidentially DEPARTMENT OF HOUSING AND under the NOFA process for Declared Disaster Areas; 97.049, URBAN DEVELOPMENT Mainstream, Designated Housing, Presidentially Declared Disaster Assistance— [Docket No. FR–5300–FA–33] Family Unification (FUP), and Veterans Disaster Housing Operations for Individuals Assistance Supportive Housing (VASH) and Households; 97.050, Presidentially Announcement of Funding Awards for programs will be published in a separate Declared Disaster Assistance to Individuals Fiscal Year 2009 for the Housing Federal Register notice. and Households—Other Needs; 97.036, Choice Voucher Program Awards published under this notice Disaster Grants—Public Assistance were provided (1) to assist families (Presidentially Declared Disasters); 97.039, AGENCY: Office of the Assistant Hazard Mitigation Grant. living in HUD-owned properties that are Secretary for Public and Indian being sold; (2) to assist families affected W. Craig Fugate, Housing, HUD. by the expiration or termination of their Administrator, Federal Emergency ACTION: Announcement of Fiscal Year project-based Section 8 and moderate Management Agency. 2009 awards. rehabilitation contracts; (3) to assist [FR Doc. 2010–2480 Filed 2–4–10; 8:45 am] families in properties where the owner SUMMARY: In accordance with Section BILLING CODE 9111–23–P has prepaid the HUD mortgage; (4) to 102(a)(4)(C) of the Department of provide relocation housing assistance in Housing and Urban Development connection with the demolition of Reform Act of 1989, this document DEPARTMENT OF HOUSING AND public housing; (5) to provide notifies the public of funding awards for URBAN DEVELOPMENT replacement housing assistance for Fiscal Year (FY) 2009 to housing single room occupancy (SRO) units that [Docket No. FR–5375–N–05] agencies (HAs) under the Section 8 fail housing quality standards (HQS); housing choice voucher program. The and (6) to assist families in public Federal Property Suitable as Facilities purpose of this notice is to publish the to Assist the Homeless housing developments that are names, addresses, and the amount of the scheduled for demolition in connection awards to HAs for non-competitive AGENCY: Office of the Assistant with a HUD-approved HOPE VI funding awards for housing conversion Secretary for Community Planning and Revitalization or Demolition Grant. actions, public housing relocations and Development, HUD. Additionally, housing choice vouchers replacements, moderate rehabilitation ACTION: Notice. were awarded to PHAs administering replacements, and HOPE VI voucher assistance to families that resided in SUMMARY: This Notice identifies awards. certain Office of Multifamily Housing unutilized, underutilized, excess, and FOR FURTHER INFORMATION CONTACT: properties at the time of Hurricane surplus Federal property reviewed by Danielle Bastarache, Director, Office of Katrina or Rita. Some families were

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eligible to receive voucher assistance authority for units requested, if the PHA The Department awarded total new because owners of these properties had reported a significant accumulation budget authority of $167,165,850 for subsequently decided to prepay the of unspent housing assistance payment 21,098 housing choice vouchers to preservation eligible mortgage or the funds available. It was later discovered recipients under all of the above- Section 8 project-based contract was that four of these PHAs misreported mentioned categories. terminated or not renewed. their NRA, and consequently, did not In accordance with Section A special housing fee of $200 per have NRA available to fund the units 102(a)(4)(C) of the Department of occupied unit was provided to PHAs to authorized. Therefore, budget authority Housing and Urban Development compensate the PHA for any was provided in FY 2009 to support the Reform Act of 1989 (103 Stat. 1987, 42 extraordinary Section 8 administrative vouchers awarded in FY 2008 to the U.S.C. 3545), the Department is costs associated with the Multifamily Montgomery (AL006), Los Angeles publishing the names, addresses, and housing conversion action. County (CA004), Omaha (NE001), Las amounts of those awards as shown in In FY 2008, some PHAs were awarded Vegas (NV002), and San Antonio Appendix A alphabetically by State housing choice vouchers in connection (TX006) Housing Authorities. These then by PHA name. with a public housing demolition/ PHAs are included in this list with Dated: January 20, 2010. disposition plan and were authorized to awards of BA with minimal units. No Sandra B. Henriquez, use their available net restricted assets PHAs were authorized to use the NRA Assistant Secretary for Public and Indian (NRA) to offset the required budget to offset awards made in FY 2009. Housing.

SECTION 8 RENTAL ASSISTANCE PROGRAMS ANNOUNCEMENT OF AWARDS FOR FISCAL YEAR 2009

Housing agency Address Units Award

Public Housing Tenant Protection Mod Rehab Replacements

COUNTY OF LOS ANGELES HA ...... 2 CORAL CIRCLE, MONTEREY PARK, CA 93907 ...... 94 959,003 OAKLAND HA ...... 1619 HARRISON ST, OAKLAND, CA 94612 ...... 6 86,724 CITY OF LOS ANGELES HA ...... 2600 WILSHIRE BLVD, 3RD FL, LOS ANGELES, CA 90057 ..... 7 67,816 TULARE COUNTY HA ...... 5140 W. CYPRESS AVE, VISALIA, CA 93279 ...... 1 14,454 COUNTY OF MONTEREY HA ...... 123 RICO STREET, SALINAS, CA 93907 ...... 28 217,063 SAN JOSE HA ...... 505 WEST JULIAN STREET, SAN JOSE, CA 95110 ...... 6 82,195 SANTA CLARA COUNTY HA ...... 505 WEST JULIAN ST, SAN JOSE, CA 95110 ...... 4 55,636 ALAMEDA COUNTY HA ...... 22941 ATHERTON STREET, HAYWARD, CA 94541 ...... 4 49,793 SANTA CRUZ COUNTY HA ...... 2931 MISSION ST, SANTA CRUZ, CA 95060 ...... 3 32,145 WATERBURY HA ...... 2 LAKEWOOD ROAD, WATERBURY, CT 06704 ...... 4 27,326 DISTRICT OF COLUMBIA HA...... 1133 NORTH CAPITOL STREET NE, WASHINGTON, DC 42 495,472 20002. MIAMI DADE HA ...... 1401 NW 7TH STREET, MIAMI, FL 33125 ...... 26 235,922 HA OF ATLANTA ...... 230 JOHN WESLEY DOBBS AVE, NE, ATLANTA, GA 30303 ... 40 393,995 CITY OF DES MOINES MUN HSG ...... 100 EAST EUCLID, STE 101, DES MOINES, IA 50313 ...... 6 27,797 CHICAGO HA ...... 60 EAST VAN BUREN ST, 11TH FL, CHICAGO, IL 60605 ...... 7 66,459 NEW ORLEANS HA ...... 4100 TOURO STREET, NEW ORLEANS, LA 70122 ...... 3 32,767 COMM DEV PROG COMM OF MA, 100 CAMBRIDGE STREET, BOSTON, MA 02114 ...... 9 94,729 EOCD. MD DEPT OF HSG & COMM AFFAIRS 100 COMMUNITY PLACE, CROWNSVILLE, MD 21032 ...... 24 160,736 MAINE STATE HA ...... 353 WATER STREET, AUGUSTA, ME 04330 ...... 8 50,352 ST. LOUIS HA ...... 3520 PAGE BOULEVARD, ST. LOUIS, MO 63106 ...... 26 163,532 ST. FRANCOIS COUNTY PHA ...... P.O. BOX N, PARK HILLS, MO 63601 ...... 2 7,656 MISSISSIPPI REGIONAL HA VI ...... P.O. DRAWER 8746, JACKSON, MS 39284 ...... 29 155,009 MT DEPARTMENT OF COMMERCE ..... 301 S. PARK, HELENA, MT 59620 ...... 12 51,022 GLOUCESTER HA ...... 100 POP MOYLAN BOULEVARD, DEPTFORD, NJ 08096 ...... 9 68,784 ALBUQUERQUE HA ...... 1840 UNIVERSITY BLVD, SE, ALBUQUERQUE, NM 87106 ...... 5 26,409 ALBANY HA ...... 200 SOUTH PEARL, ALBANY, NY 12202 ...... 12 63,338 HA OF LOCKPORT ...... 301 MICHIGAN ST, LOCKPORT, NY 14094 ...... 5 19,393 TOWN OF AMHERST ...... 1195 MAIN STREET, BUFFALO, NY 14209 ...... 13 57,807 THE CITY OF NEW YORK DHPD ...... 100 GOLD STREET, ROOM 501, NEW YORK, NY 10007 ...... 106 1,480,914 CITY OF NEW ROCHELLE ...... 515 NORTH AVENUE, NEW ROCHELLE, NY 10801 ...... 16 165,694 CUYAHOGA MHA ...... 1441 WEST 25TH STREET, CLEVELAND, OH 44113 ...... 36 233,392 CINCINNATI METRO HA ...... 16 WEST CENTRAL PARKWAY, CINCINNATI, OH 45210 ...... 5 29,867 HA OF PORTLAND ...... 135 SW ASH STREET, PORTLAND, OR 97204 ...... 50 351,084 COOS–CURRY HA ...... 1700 MONROE, NORTH BEND, OR 97459 ...... 31 123,452 HA OF THE CITY OF PITTSBURGH ..... 200 ROSS STREET, PITTSBURGH, PA 15219 ...... 3 19,492 PHILADELPHIA HA ...... 12 SOUTH 23RD STREET, PHILADELPHIA, PA 19103 ...... 40 258,186 REDEV AUTH OF CITY OF LAN- 202 NORTH PRINCE ST, STE 400, LANCASTER, PA 17603 .... 7 39,210 CASTER. MUNICIPALITY OF VEGA BAJA ...... PO BOX 4555, VEGA BAJA, PR 00694 ...... 45 239,396 MUNICIPALITY OF VIEQUES ...... CALLE CARLOS LEBRUN #449, VIEQUES, PR 00765 ...... 10 48,848 HA OF COLUMBIA ...... 1917 HARDEN STREET, COLUMBIA, SC 29204 ...... 2 11,051 HSG & COM REDEV AUTH ...... P.O. DRAWER 969, FLORENCE, SC 29503 ...... 7 23,717 SC STATE HSG FINANCE & DEV ...... 300–C OUTLET POINTE BLVD, COLUMBIA, SC 29210 ...... 36 182,571 SIOUX FALLS HSG & REDEV ...... 630 SOUTH MINNESOTA, SIOUX FALLS, SD 57104 ...... 7 36,135 HOUSTON HA ...... 2640 FOUNTAIN VIEW, HOUSTON, TX 77057 ...... 14 102,762 SAN ANTONIO HA ...... 818 S. FLORES STREET, SAN ANTONIO, TX 78295 ...... 19 130,512

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SECTION 8 RENTAL ASSISTANCE PROGRAMS ANNOUNCEMENT OF AWARDS FOR FISCAL YEAR 2009—Continued

Housing agency Address Units Award

PANHANDLE COMM SERVICES ...... 1309 W. 8TH ST, AMARILLO, TX 79120 ...... 21 93,301 ROANOKE REDEV & HA ...... 2624 SALEM TRNPK, NW, ROANOKE, VA 24017 ...... 4 19,199 CITY OF VIRGINIA BEACH ...... 2424 COURTHOUSE DR, VIRGINIA BEACH, VA 23456 ...... 10 73,176 VERMONT STATE HA ...... ONE PROSPECT STREET, MONTPELIER, VT 05602 ...... 46 251,839 CHARLESTON/KANAWHA HA ...... 1525 WASHINGTON ST. WEST, CHARLESTON, WV 25321 ..... 11 52,090 HA OF CITY OF BLUEFIELD ...... P.O. BOX 1475, BLUEFIELD, WV 24701 ...... 12 40,464

Total for Mod Rehab Replacements ...... 973 $7,769,686

PH Relocations/Replacements

HA OF CITY OF MONTGOMERY ...... 1020 BELL ST, MONTGOMERY, AL 36104 ...... 227 1,405,710 HA OF HUNTSVILLE ...... P.O. BOX 486, HUNTSVILLE, AL 35804 ...... 138 694,708 HA OF TUSCALOOSA ...... P.O. BOX 2281, TUSCALOOSA, AL 35403 ...... 120 550,915 HA OF BESSEMER ...... P.O. BOX 1390, BESSEMER, AL 35021 ...... 60 382,364 CITY OF LOS ANGELES HA ...... 2600 WILSHIRE BLVD, 3RD FL, LOS ANGELES, CA 90057 ..... 651 5,841,656 OAKLAND HA ...... 1619 HARRISON ST, OAKLAND, CA 94612 ...... 1,528 8,235,248 COUNTY OF SANTA BARBARA HA ...... 815 W OCEAN, LOMPOC, CA 93438 ...... 41 361,432 CITY OF ALAMEDA HA ...... 701 ATLANTIC AVENUE, ALAMEDA, CA 94501 ...... 120 1,391,068 ALAMEDA COUNTY HA ...... 22941 ATHERTON STREET, HAYWARD, CA 94541 ...... 148 1,842,352 LOVELAND HA ...... 375 W. 37TH ST, STE 200, LOVELAND, CO 80538 ...... 80 538,032 MERIDEN HA ...... 22 CHURCH STREET, MERIDEN, CT 06450 ...... 66 600,534 HA OF WEST PALM BEACH GEN 1715 DIVISION AVENUE, WEST PALM BEACH, FL 33407 ...... 36 341,207 FUND. HA OF FORT LAUDERDALE CITY ...... 437 SW 4TH AVENUE, FORT LAUDERDALE, FL 33315 ...... 21 200,461 CITY OF LAKELAND HA ...... 430 S. HARTSELL AVENUE, LAKELAND, FL 33815 ...... 133 724,538 HA OF PAHOKEE INC ...... 465 FRIEND TERRACE, PAHOKEE, FL 33476 ...... 40 331,843 HA OF ATLANTA ...... 230 JOHN WESLEY DOBBS AVE NE, ATLANTA, GA 30303 .... 1,555 15,493,959 HA OF AUGUSTA ...... 1435 WALTON WAY, AUGUSTA, GA 30914 ...... 248 1,509,219 HA OF MARIETTA ...... 95 COLE STREET, MARIETTA, GA 30061 ...... 207 1,717,040 HA OF THE CITY OF DECATOR ...... 750 COMMERCE DRIVE, STE 110, DECATUR, GA 30030 ...... 40 299,126 HA OF AMERICUS ...... 825 N MAYO STREET, AMERICUS, GA 31709 ...... 100 422,508 HA OF THE CITY OF EAST POINT ...... 1600 CONALLY DR, EAST POINT, GA ...... 92 586,025 NORTHWEST GEORGIA HA ...... 800 NORTH FIFTH AVENUE, ROME, GA 30162 ...... 136 601,688 CHICAGO HA ...... 60 EAST VAN BUREN ST, 11TH FL, CHICAGO, IL 60605 ...... 1,121 10,739,539 MENARD COUNTY HA ...... PO BOX 168, PETERSBURG, IL 62675 ...... 13 62,194 CHRISTIAN CTY HA ...... PO BOX 86, PANA, IL 62557 ...... 91 283,407 LOUISVILLE HA ...... 420 SOUTH EIGHTH STREET, LOUISVILLE, KY 40203 ...... 67 461,842 FITCHBURG HA ...... 50 DAY STREET, FITCHBURG, MA 01420 ...... 22 146,731 HA OF THE CITY OF ANNAPOLIS ...... 1217 MADISON STREET, ANNAPOLIS, MD 21403 ...... 40 428,668 HA OF BALTIMORE CITY ...... 417 EAST FAYETTE STREET, BALTIMORE, MD 21201 ...... 827 6,773,355 METRO COUNCIL HRA ...... 390 ROBERT STREET NORTH, ST. PAUL, MN 55101 ...... 150 1,070,046 SCOTT COUNTY CDA ...... 323 SOUTH NAUMKEAG STREET, SHAKOPEE, MN 55379 ..... 53 433,873 MISSOULA HA ...... 1235 34TH STREET, MISSOULA, MT 59801 ...... 20 104,955 BURLEIGH COUNTY HA ...... 410 SOUTH 2ND STREET, BISMARCK, ND 58504 ...... 18 71,362 OMAHA HA ...... 540 SOUTH 27TH STREET, OMAHA, NE 68105 ...... 161 533,808 NEWARK HA ...... 57 SUSSEX AVENUE, NEWARK, NJ 07103 ...... 696 6,432,126 ORANGE CITY HA ...... 340 THOMAS BOULEVARD, ORANGE, NJ 07050 ...... 140 1,230,012 CITY OF LAS VEGAS HA ...... 420 N. 10TH STREET, LAS VEGAS, NV 89125 ...... 336 2,998,316 COLUMBUS METRO HA ...... 880 EAST 11TH AVENUE, COLUMBUS, OH 43211 ...... 693 4,211,471 AKRON METRO HA ...... 100 W. CEDAR STREET, AKRON, OH 44307 ...... 170 967,368 HA OF THE CITY OF SALEM ...... PO BOX 808, SALEM, OR 97308 ...... 30 146,984 ARMSTRONG COUNTY HA ...... 350 S. JEFFERSON STREET, KITTANNING, PA 16201 ...... 17 72,030 SHELBY COUNTY HA ...... 715 ROUGE BLUFF AVE, MEMPHIS, TN 28127 ...... 100 620,076 SAN ANTONIO HA ...... 818 S. FLORES STREET, SAN ANTONIO, TX 78295 ...... 240 1,714,999 TEXAS CITY HA ...... 817 SECOND AVENUE NORTH, TEXAS CITY, TX 77590 ...... 56 356,832 PHARR HA ...... 211 W AUDREY, PHARR, TX 78577 ...... 100 374,604 KINGSVILLE HA ...... P.O. BOX 847, KINGSVILLE, TX 78363 ...... 78 367,436 RICHMOND REDEV & HA ...... 901 CHAMBERLAYNE PARKWAY, RICHMOND, VA 23456 ...... 0 17,059 HA OF THE CITY OF ...... 2500 MAIN STREET, STE 200, VANCOUVER, WA 98660 ...... 89 528,116 CHARLESTON/KANAWHA HA ...... 1525 WASHINGTON ST. WEST, CHARLESTON, WV 25321 ..... 50 243,936

Total for PH Relocations/Replace- ...... 7,018 $51,462,247 ments.

SRO Relocations/Replacements

SANTA CLARA COUNTY HA ...... 505 WEST JULIAN ST, SAN JOSE, CA 95110 ...... 95 543,372 HA OF THE CITY OF SALEM ...... PO BOX 808, SALEM, OR 97308 ...... 21 100,435 RICHMOND REDEV & HA ...... 901 CHAMBERLAYNE PARKWAY, RICHMOND, VA 23456 ...... 39 269,886

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SECTION 8 RENTAL ASSISTANCE PROGRAMS ANNOUNCEMENT OF AWARDS FOR FISCAL YEAR 2009—Continued

Housing agency Address Units Award

Total for SRO Relocations/Replace- ...... 155 $913,693 ments.

Witness Relocation

COUNTY OF SACRAMENTO HSG ...... P.O. BOX 1834, SACRAMENTO, CA 95812 ...... 1 19,080 HA OF CITY OF LAKEWOOD ...... 445 S. ALLISON PARKWAY, LAKEWOOD, CO 80226 ...... 1 14,244 AURORA HA ...... 10745 E KENTUCKY AVENUE, AURORA, CO 80012 ...... 2 24,924 HA OF MIAMI BEACH ...... 200 ALTON ROAD, MIAMI BEACH, FL 33139 ...... 1 10,176 MONTGOMERY CO HA ...... 10400 DETRICK AVENUE, KENSINGTON, MD 20895 ...... 12 211,311 BUCKS COUNTY HA ...... 350 SOUTH MAIN STREET, STE 205, DOYLESTOWN, PA 1 13,644 18901. CHESAPEAKE REDEV & HA ...... 1468 S. MILITARY HWY, CHESAPEAKE, VA 23327 ...... 1 9,888

Total for Witness Relocation ...... 19 $303,267

Total for Public Housing Tenant Pro- ...... 12,312 $94,449,424 tection.

Housing Tenant Protection Disaster Voucher Program to Tenant-based Voucher Conversions

HA OF THE CITY AND CO OF DEN- 777 GRANT STREET, DENVER, CO 80203 ...... 1 8,816 VER. HA OF POMPANO BEACH ...... 321 WEST ATLANTIC BLVD, POMPANO BEACH, FL 33061 .... 1 11,189 HA OF TALLAHASSEE ...... 2940 GRADY ROAD, TALLAHASSEE, FL 32312 ...... 1 7,552 HA OF DELRAY BEACH ...... 600 N CONGRESS, STE 310B, DELRAY BEACH, FL 33445 ..... 1 8,749 HA FULTON COUNTY ...... 4273 WENDELL DRIVE, SW, ATLANTA, GA 30336 ...... 2 17,872 NEW ORLEANS HA ...... 4100 TOURO STREET, NEW ORLEANS, LA 70122 ...... 27 294,902 EAST BATON ROUGE PHA ...... 4731 NORTH BLVD, BATON ROUGE, LA 70806 ...... 7 49,173 LAFAYETTE (CITY) HA ...... 100 C O CIRCLE, LAFAYETTE, LA 70501 ...... 1 4,196 ASCENSION PARISH SEC 8 HA ...... 213 EAST BLVD, BATON ROUGE, LA 70802 ...... 2 10,803 KENNER HA ...... 1013 31ST STREET, KENNER, LA 70065 ...... 83 767,020 JEFFERSON PARISH HA ...... 1718 BETTY STREET, MARRERO, LA 70072 ...... 190 1,680,702 CONCORDIA PARISH POLICE JURY ... 4001 CARTER STREET, ROOM 1, VIDALIA, LA 71373 ...... 2 5,014 ST JOHN THE BAPTIST PARISH HA .... 152 JOE PARQUET CIRCLE, LAPLACE, LA 70068 ...... 2 18,406 MISSISSIPPI REGIONAL HA VIII ...... P.O. BOX 2347, GULFPORT, MS 39505 ...... 3 17,827 JACKSON HOUS AUTH ...... 2747 LIVINGSTON ROAD, JACKSON, MS 39283 ...... 1 5,858 HA OF WINSTON–SALEM ...... 500 WEST FOURTH ST, STE 300, WINSTON–SALEM, NC 1 5,678 27101. HA OF COUNTY OF WAKE ...... 100 SHANNON STREET, ZEBULON, NC 27597 ...... 2 16,464 AUSTIN HA ...... P.O. BOX 6159, AUSTIN, TX 78762 ...... 1 8,518 HOUSTON HA ...... 2640 FOUNTAIN VIEW, HOUSTON, TX 77057 ...... 19 139,463 SAN ANTONIO HA ...... 818 S. FLORES STREET, SAN ANTONIO, TX 78295 ...... 7 48,314 HA OF DALLAS ...... 3939 N. HAMPTON RD, DALLAS, TX 75212 ...... 8 63,929 HA OF PLANO ...... 1740 AVENUE G, PLANO, TX 75074 ...... 2 14,045 GEORGETOWN HA ...... P.O. BOX 60, GEORGETOWN, TX 78627 ...... 1 7,171 DENTON HA ...... 1225 WILSON STREET, DENTON, TX 76205 ...... 3 21,054 ARLINGTON HA ...... 501 W. SANFORD, STE 20, ARLINGTON, TX 76011 ...... 2 12,253 HARRIS COUNTY HA ...... 8410 LANTERN POINT, HOUSTON, TX 77054 ...... 20 152,955 BRAZORIA COUNTY HA ...... 1524 E MULBERRY, STE 162, ANGLETON, TX 77515 ...... 1 5,515 DALLAS COUNTY HSG ASSISTANCE .. 2377 N. STEMMONS FRWY, STE 600—LB 12, DALLAS, TX 3 19,338 75207.

Total for DVP TO TBV Conversions ...... 394 $3,422,776

Preservation/Prepayment

WATERBURY HA ...... 2 LAKEWOOD ROAD, WATERBURY, CT 06704 ...... 114 821,319 MIDDLETOWN HA ...... 40 BROAD STREET, MIDDLETOWN, CT 06457 ...... 101 709,674 CONN DEPT OF SOCIAL SERVICES ... 25 SIGOURNEY STREET, 9TH FL, HARTFORD, CT 06105 ...... 96 843,852 CITY OF DES MOINES MUNC HSG ..... 100 EAST EUCLID, STE 101, DES MOINES, IA 50313 ...... 78 361,352 CITY OF DAVENPORT, IOWA ...... 501 WEST 3RD STREET, DAVENPORT, IA 52802 ...... 41 210,704 OLATHE HA ...... 300 W. CHESTNUT, OLATHE, KS 66061 ...... 100 520,200 KENTUCKY HSG CORPORATION ...... 1231 LOUISVILLE ROAD, FRANKFORT, KY 40601 ...... 43 199,770 EAST BATON ROUGE PHA ...... 4731 NORTH BLVD, BATON ROUGE, LA 70806 ...... 23 142,902 NEW BEDFORD HA ...... P.O. BOX A–2081, NEW BEDFORD, MA 02741 ...... 71 491,723 BROCKTON HA ...... 45 GODDARD ROAD, BROCKTON, MA 02303 ...... 118 1,162,465 FRAMINGHAM HA ...... 1 JOHN J. BRADY DRIVE, FRAMINGHAM, MA 01702 ...... 51 523,701 WEYMOUTH HA ...... 402 ESSEX STREET, WEYMOUTH, MA 02188 ...... 66 638,685 LEOMINSTER HA ...... 100 MAIN ST, LEOMINSTER, MA 01453 ...... 7 44,847 HA OF BALTIMORE CITY ...... 417 EAST FAYETTE STREET, BALTIMORE, MD 21201 ...... 98 816,050 MICHIGAN STATE HSG DEV AUTH ..... P.O. BOX 30044, LANSING, MI 48909 ...... 69 399,759

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SECTION 8 RENTAL ASSISTANCE PROGRAMS ANNOUNCEMENT OF AWARDS FOR FISCAL YEAR 2009—Continued

Housing agency Address Units Award

DAKOTA COUNTY CDA ...... 1228 TOWN CENTRE DRIVE, EAGAN, MN 55123 ...... 4 26,700 INDEPENDENCE HA ...... 210 SOUTH PLEASANT, INDEPENDENCE, MO 64050 ...... 23 124,534 ST. CLAIR COUNTY HA ...... P.O. BOX 125, APPLETON CITY, MO 64724 ...... 76 332,298 BUTTE HA ...... 220 CURTIS STREET, BUTTE, MT 59701 ...... 55 232,201 NEW HAMPSHIRE HSG FIN AUTH ...... P.O. BOX 5087, MANCHESTER, NH 03108 ...... 30 235,505 PLAINFIELD HA ...... 510 FRONT STREET, PLAINFIELD, NJ 07060 ...... 141 1,424,393 HA OF ROME ...... 205 ST PETER’S AVE, ROME, NY 13440 ...... 60 224,863 HA OF ITHACA ...... 800 S PLAIN STREET, ITHACA, NY 14850 ...... 0 369,871 THE CITY OF NEW YORK DHPD ...... 100 GOLD STREET, ROOM 501, NEW YORK, NY 10007 ...... 726 13,189,719 CITY OF PEEKSKILL ...... 840 MAIN STREET, PEEKSKILL, NY 10566 ...... 46 481,211 VILLAGE OF MANLIUS ...... 1654 W. ONONDAGA ST, SYRACUSE, NY 13202 ...... 99 433,513 NYS HSG TRUST FUND CORP ...... 38–40 STATE STREET, ALBANY, NY 12207 ...... 199 2,071,918 LORAIN MHA ...... 1600 KANSAS AVENUE, LORAIN, OH 44052 ...... 103 612,117 KLAMATH HA ...... PO BOX 5110, KLAMATH FALLS, OR 97601 ...... 17 69,435 HA OF THE CITY OF PITTSBURGH ..... 200 ROSS STREET, PITTSBURGH, PA 15219 ...... 17 100,984 LANCASTER HA ...... 325 CHURCH STREET, LANCASTER, PA 17602 ...... 115 653,927 PAWTUCKET H A ...... 214 ROOSEVELT AVE, PAWTUCKET, RI 02862 ...... 40 285,062 HA OF AIKEN ...... P.O. BOX 889, AIKEN, SC 29802 ...... 60 299,419 HA OF SOUTH CAROLINA REG NO 1 404 CHURCH ST., LAURENS, SC 29360 ...... 8 37,235 SIOUX FALLS HSG & REDEV ...... 630 SOUTH MINNESOTA, SIOUX FALLS, SD 57104 ...... 100 516,216

Total for Preservation/Prepayment ...... 2,995 $29,608,124

Property Disposition Relocation

COUNTY OF BUTTE HA ...... 2039 FOREST AVENUE, SUITE 10, CHICO, CA 95928 ...... 8 42,504 NEW ORLEANS HA ...... 4100 TOURO STREET, NEW ORLEANS, LA 70122 ...... 94 993,160 NEW YORK CITY HA ...... 90 CHURCH STREET, 9TH FL, NEW YORK, NY 10007 ...... 60 554,674

Total for Property Disposition Relo- ...... 162 $1,590,338 cation.

Rent Supplements

LOUISVILLE HA ...... 420 SOUTH EIGHTH STREET, LOUISVILLE, KY 40203 ...... 33 197,410 NEW BEDFORD HA ...... P.O. BOX A–2081, NEW BEDFORD, MA 02741 ...... 73 505,575 GREAT FALLS HA ...... 1500 CHOWEN SPRINGS LOOP, GREAT FALLS, MT 59405 ... 8 37,714 CITY OF BUFFALO RENT ASST CORP 470 FRANKLIN ST, BUFFALO, NY 14202 ...... 205 957,555 CITY OF MITCHELL HSG & ...... 200 E 15TH AVE, MITCHELL, SD 57301 ...... 4 12,058 SIOUX FALLS HSG & REDEV ...... 630 SOUTH MINNESOTA, SIOUX FALLS, SD 57104 ...... 13 67,108

Total for Rent Supplements ...... 336 $1,777,420

Special Fees for DVP to TBV Conversions

HA OF THE CITY AND CO OF DEN- 777 GRANT STREET, DENVER, CO 80203 ...... 0 200 VER. HA OF POMPANO BEACH ...... 321 WEST ATLANTIC BLVD, POMPANO BEACH, FL 33061 .... 0 200 HA OF TALLAHASSEE ...... 2940 GRADY ROAD, TALLAHASSEE, FL 32312 ...... 0 200 HA OF DELRAY BEACH ...... 600 N CONGRESS, STE 310B, DELRAY BEACH, FL 33445 ..... 0 200 HA OF FULTON COUNTY ...... 4273 WENDELL DRIVE, SW, ATLANTA, GA 30336 ...... 0 400 NEW ORLEANS HA ...... 4100 TOURO STREET, NEW ORLEANS, LA 70122 ...... 0 5,400 EAST BATON ROUGE PHA ...... 4731 NORTH BLVD, BATON ROUGE, LA 70806 ...... 0 1,400 LAFAYETTE CITY HA ...... 100 C O CIRCLE, LAFAYETTE, LA 70501 ...... 0 200 ASCENSION PARISH SEC 8 HA ...... 213 EAST BLVD., BATON ROUGE, LA 70802 ...... 0 400 KENNER HA ...... 1013 31ST STREET, KENNER, LA 70065 ...... 0 16,600 JEFFERSON PARISH HA ...... 1718 BETTY STREET, MARRERO, LA 70072 ...... 0 38,000 CONCORDIA PARISH POLICE JURY ... 4001 CARTER STREET, ROOM 1, VIDALIA, LA 71373 ...... 0 400 ST JOHN THE BAPTIST PARISH HA .... 152 JOE PARQUET CIRCLE, LAPLACE, LA 70068 ...... 0 400 UNION PARISH POLICE JURY ...... P. O. BOX 723, FARMERVILLE, LA 71241 ...... 0 400 MISS REGIONAL HA VIII ...... P.O. BOX 2347, GULFPORT, MS 39505 ...... 0 600 JACKSON HOUS AUTH ...... 2747 LIVINGSTON ROAD, JACKSON, MS 39283 ...... 0 200 HA WINSTON–SALEM ...... 500 WEST FOURTH ST, STE 300, WINSTON–SALEM, NC 0 200 27101. HA COUNTY OF WAKE ...... 100 SHANNON STREET, ZEBULON, NC 27597 ...... 0 400 AUSTIN HA ...... P.O. BOX 6159, AUSTIN, TX 78762 ...... 0 200 HOUSTON HA ...... 2640 FOUNTAIN VIEW, HOUSTON, TX 77057 ...... 0 3,800 SAN ANTONIO HA ...... 818 S. FLORES STREET, SAN ANTONIO, TX 78295 ...... 0 1,400 HA OF DALLAS ...... 3939 N. HAMPTON RD, DALLAS, TX 75212 ...... 0 1,600 HA OF PLANO ...... 1740 AVENUE G, PLANO, TX 75074 ...... 0 400 GEORGETOWN HA ...... P.O. BOX 60, GEORGETOWN, TX 78627 ...... 0 200 DENTON HA ...... 1225 WILSON STREET, DENTON, TX 76205 ...... 0 600 ARLINGTON HA ...... 501 W. SANFORD, SUITE 20, ARLINGTON, TX 76011 ...... 0 400

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SECTION 8 RENTAL ASSISTANCE PROGRAMS ANNOUNCEMENT OF AWARDS FOR FISCAL YEAR 2009—Continued

Housing agency Address Units Award

HARRIS COUNTY HA ...... 8410 LANTERN POINT, HOUSTON, TX 77054 ...... 0 4,000 BRAZORIA COUNTY HA ...... 1524 E MULBERRY, STE 162, ANGLETON, TX 77515 ...... 0 200 DALLAS COUNTY HSG ASSISTANCE .. 2377 N. STEMMONS FRWY, STE 600—LB 12, DALLAS, TX 0 600 75207.

Total for Special Fees for DVP to ...... 0 $79,200 TBV Conversions.

Special Fees for PD Relocation

COUNTY OF BUTTE HA ...... 2039 FOREST AVENUE, SUITE 10, CHICO, CA 95928 ...... 0 1,400 NEW ORLEANS HA ...... 4100 TOURO STREET, NEW ORLEANS, LA 70122 ...... 0 18,800 NEW YORK CITY HA ...... 90 CHURCH STREET, 9TH FL, NEW YORK, NY 10007 ...... 0 12,000

Total for Special Fees for PD Relo- ...... 0 $32,200 cation.

Special Fees for Prepayments

WATERBURY HA ...... 2 LAKEWOOD ROAD, WATERBURY, CT 06704 ...... 0 22,800 MIDDLETOWN HA ...... 40 BROAD STREET, MIDDLETOWN, CT 06457 ...... 0 20,200 CONN DEPT OF SOCIAL SERVICES ... 25 SIGOURNEY STREET, 9TH FL, HARTFORD, CT 06105 ...... 0 19,200 CITY OF DES MOINES MUNICIPAL 100 EAST EUCLID, STE 101, DES MOINES, IA 50313 ...... 0 15,600 HSG. CITY OF DAVENPORT, IOWA ...... 501 WEST 3RD STREET, DAVENPORT, IA 52802 ...... 0 8,200 OLATHE HA ...... 300 W. CHESTNUT, OLATHE, KS 66061 ...... 0 19,000 KENTUCKY HSG CORPORATION ...... 1231 LOUISVILLE ROAD, FRANKFORT, KY 40601 ...... 0 8,600 EAST BATON ROUGE PHA ...... 4731 NORTH BLVD, BATON ROUGE, LA 70806 ...... 0 4,600 NEW BEDFORD HA ...... P.O. BOX A–2081, NEW BEDFORD, MA 02741 ...... 0 14,200 BROCKTON HA ...... 45 GODDARD ROAD, BROCKTON, MA 02303 ...... 0 23,600 FRAMINGHAM HA ...... 1 JOHN J. BRADY DRIVE, FRAMINGHAM, MA 01702 ...... 0 10,200 WEYMOUTH HA ...... 402 ESSEX STREET, WEYMOUTH, MA 02188 ...... 0 13,200 LEOMINSTER HA ...... 100 MAIN ST, LEOMINSTER, MA 01453 ...... 0 1,000 HA OF BALTIMORE CITY ...... 417 EAST FAYETTE STREET, BALTIMORE, MD 21201 ...... 0 19,600 MICHIGAN STATE HSG DEV AUTH ..... P.O. BOX 30044, LANSING, MI 48909 ...... 0 13,800 DAKOTA COUNTY CDA ...... 1228 TOWN CENTRE DRIVE, EAGAN, MN 55123 ...... 0 800 INDEPENDENCE HA ...... 210 SOUTH PLEASANT, INDEPENDENCE, MO 64050 ...... 0 4,600 ST. CLAIR COUNTY HA ...... P.O. BOX 125, APPLETON CITY, MO 64724 ...... 0 12,800 BUTTE HA ...... 220 CURTIS STREET, BUTTE, MT 59701 ...... 0 11,000 NEW HAMPSHIRE HSG FIN AUTH ...... P.O. BOX 5087, MANCHESTER, NH 03108 ...... 0 6,000 PLAINFIELD HA ...... 510 FRONT STREET, PLAINFIELD, NJ 07060 ...... 0 28,200 HA OF ROME ...... 205 ST PETER’S AVE, ROME, NY 13440 ...... 0 12,000 THE CITY OF NEW YORK DHPD ...... 100 GOLD STREET ROOM 501, NEW YORK, NY 10007 ...... 0 124,800 CITY OF PEEKSKILL ...... 840 MAIN STREET, PEEKSKILL, NY 10566 ...... 0 9,200 VILLAGE OF MANLIUS ...... 1654 W. ONONDAGA ST, SYRACUSE, ...... 0 16,600 NYS HSG TRUST FUND CORP ...... 38–40 STATE STREET, ALBANY, NY 12207 ...... 0 39,800 LORAIN MHA ...... 1600 KANSAS AVENUE, LORAIN, OH 44052 ...... 0 20,600 KLAMATH HA ...... PO BOX 5110, KLAMATH FALLS, OR 97601 ...... 0 3,400 HA OF THE CITY OF PITTSBURGH ..... 200 ROSS STREET, PITTSBURGH, PA 15219 ...... 0 3,400 LANCASTER HA ...... 325 CHURCH STREET, LANCASTER, PA 17602 ...... 0 22,600 PAWTUCKET HA ...... 214 ROOSEVELT AVE, PAWTUCKET, RI 02862 ...... 0 7,400 HA OF AIKEN ...... P.O. BOX 889, AIKEN, SC 29802 ...... 0 12,000 HA OF SOUTH CAROLINA REG NO 1 404 CHURCH ST, LAURENS, SC 29360 ...... 0 1,600 SIOUX FALLS HSG & REDEV ...... 630 SOUTH MINNESOTA, SIOUX FALLS, SD 57104 ...... 0 20,000

Total for Special Fees for Prepay- ...... 0 $570,600 ments.

Special Fees for Rent Supplements

LOUISVILLE HA ...... 420 SOUTH EIGHTH STREET, LOUISVILLE, KY 40203 ...... 0 6,600 NEW BEDFORD HA ...... P.O. BOX A–2081, NEW BEDFORD, MA 02741 ...... 0 14,600 GREAT FALLS HA ...... 1500 CHOWEN SPRINGS LOOP, GREAT FALLS, MT 59405 ... 0 1,600 CITY OF BUFFALO RENT ASST CORP 470 FRANKLIN ST, BUFFALO, NY 14202 ...... 0 39,200 CITY OF MITCHELL HSG & ...... 200 E 15TH AVE, MITCHELL, SD 57301 ...... 0 800 SIOUX FALLS HSG & REDEV ...... 630 SOUTH MINNESOTA, SIOUX FALLS, SD 57104 ...... 0 2,600

Total for Special Fees for Rent Sup- ...... 0 $65,400 plements.

Special Fees for Term/Opt-outs

MOBILE HSG BOARD ...... P.O. BOX 1345, MOBILE, AL 36633 ...... 0 4,200

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SECTION 8 RENTAL ASSISTANCE PROGRAMS ANNOUNCEMENT OF AWARDS FOR FISCAL YEAR 2009—Continued

Housing agency Address Units Award

HA OF HUNTSVILLE ...... P.O. BOX 486, HUNTSVILLE, AL 35804 ...... 0 8,600 HA OF JEFFERSON COUNTY ...... 3700 INDUSTRIAL PARKWAY, BIRMINGHAM, AL 35217 ...... 0 1,600 HA OF EUFAULA ...... P.O. BOX 36, EUFAULA, AL 36027 ...... 0 800 HA OF THE CITY OF ...... P.O. BOX 8872, PINE BLUFF, AR 71611 ...... 0 2,600 ASHLEY COUNTY HA ...... 202 S. MULBERRY STREET, HAMBURG, AR 71646 ...... 0 1,000 CITY OF LOS ANGELES HA ...... 2600 WILSHIRE BLVD, 3RD FL, LOS ANGELES, CA 90057 ..... 0 24,400 CITY OF FRESNO HA ...... 1331 FULTON MALL, FRESNO, CA 93776 ...... 0 11,200 COUNTY OF SACRAMENTO HSG ...... P.O. BOX 1834, SACRAMENTO, CA 95812 ...... 0 5,200 COUNTY OF RIVERSIDE HA ...... 5555 ARLINGTON AVE, RIVERSIDE, CA 92504 ...... 0 18,600 COUNTY OF MONTEREY HA ...... 123 RICO STREET, SALINAS, CA 93907 ...... 0 3,000 SAN DIEGO HSG COMMISSION ...... 1122 BROADWAY, SUITE 300, SAN DIEGO, CA 92101 ...... 0 6,800 STAMFORD HA ...... 22 CLINTON AVE, P.O. BOX 1376, STAMFORD, CT 06904 ..... 0 11,000 CITY OF HARTFORD ...... 550 MAIN STREET, HARTFORD, CT 06103 ...... 0 9,600 HA OF JACKSONVILLE ...... 1300 BROAD STREET, JACKSONVILLE, FL 32202 ...... 0 12,600 ST. PETERSBURG HA ...... P. O. BOX 12849, ST. PETERSBURG, FL 33733 ...... 0 23,800 HA OF DAYTONA BEACH ...... 211 N RIDGEWOOD AVE, STE 200, DAYTONA BEACH, FL 0 11,600 32114. HA OF SARASOTA ...... 1300 BOULEVARD OF THE ARTS, SARASOTA, FL 34236 ...... 0 1,800 NW FLORIDA REGIONAL HA ...... P. O. BOX 218, GRACEVILLE, FL 32440 ...... 0 10,400 HA OF POMPANO BEACH ...... 321 W. ATLANTIC BOULEVARD, POMPANO BEACH, FL 0 4,800 33061. HA OF OCALA ...... P.O. BOX 2468, OCALA, FL 34478 ...... 0 18,400 PINELLAS COUNTY HA ...... 11479 ULMERTON ROAD, LARGO, FL 33778 ...... 0 25,600 GAINESVILLE HA ...... P.O. BOX 1468, GAINESVILLE, FL 32602 ...... 0 30,400 HIALEAH HA ...... 75 EAST 6TH STREET, HIALEAH, FL 33010 ...... 0 19,600 HA OF BOCA RATON ...... 201 W. PALMETTO PARK ROAD, BOCA RATON, FL 33432 .... 0 9,800 NORTH IOWA REG HA ...... 202 1ST STREET, SE, STE 203, MASON CITY, IA 50401 ...... 0 1,400 IDAHO HSG AND FIN ASSOC ...... 565 W MYRTLE STREET, BOISE, ID 83707 ...... 0 8,800 HA OF COOK COUNTY ...... 175 WEST JACKSON BLVD, STE 350, CHICAGO, IL 60604 ..... 0 1,800 DUPAGE COUNTY HA ...... 711 EAST ROOSEVELT ROAD, WHEATON, IL 60187 ...... 0 8,200 HA OF CITY OF JEFFERSONVILLE ...... 206 EASTERN BOULEVARD, JEFFERSONVILLE, IN 47130 ..... 0 5,600 INDIANA HSG & COMMUNITY ...... 30 S. MERIDIAN ST, STE 1000, INDIANAPOLIS, IN 46204 ...... 0 7,000 CITY OF RICHMOND SECTION 8 HSG POST OFFICE BOX 250, RICHMOND, KY 40476 ...... 0 6,400 NEW ORLEANS HA ...... 4100 TOURO STREET, NEW ORLEANS, LA 70122 ...... 0 14,000 EAST BATON ROUGE PHA ...... 4731 NORTH BLVD, BATON ROUGE, LA 70806 ...... 0 6,400 MONROE HA ...... 300 HARRISON ST, MONROE, LA 71203 ...... 0 8,000 TANGIPAHOA PARISH POLICE JURY .. P.O. BOX 215, AMITE, LA 70422 ...... 0 1,400 WORCESTER HA ...... 40 BELMONT STREET, WORCESTER, MA 01605 ...... 0 28,000 HA OF BALTIMORE CITY ...... 417 EAST FAYETTE STREET, BALTIMORE, MD 21201 ...... 0 64,200 MICHIGAN STATE HSG DEV AUTH ..... P.O. BOX 30044, LANSING, MI 48909 ...... 0 13,600 ST. LOUIS HA ...... 3520 PAGE BOULEVARD, ST. LOUIS, MO 63106 ...... 0 3,200 ST. FRANCOIS COUNTY PH AGENCY P.O. BOX N, PARK HILLS, MO 63601 ...... 0 8,000 JASPER COUNTY PUBLIC HSG ...... P.O. BOX 207, JOPLIN, MO 64802 ...... 0 1,400 HA OF TENNESSEE VALLEY ...... P.O. BOX 1329, CORINTH, MS 38834 ...... 0 1,000 HA OF MISSISSIPPI REGIONAL NO 7 P.O. BOX 430, MC COMB, MS 39648 ...... 0 3,600 HA OF SOUTH DELTA ...... P.O. BOX 959, LELAND, MS 38756 ...... 0 13,800 MT DEPARTMENT OF COMMERCE ..... 301 S. PARK, HELENA, MT 59620 ...... 0 4,000 HA SANFORD ...... 504 N FIRST STREET PO BOX 636, SANFORD, NC 27331 ..... 0 2,400 MIDDLETOWN HA ...... 2 OAKDALE DRIVE PLAZA, MIDDLETOWN, NJ 07748 ...... 0 11,400 SAN JUAN COUNTY HA ...... 7450 E. MAIN STREET, STE C, FARMINGTON, NM 87402 ...... 0 3,400 NEW YORK CITY HA ...... 90 CHURCH STREET, 9TH FL, NEW YORK, NY 10007 ...... 0 26,600 ALBANY HA ...... 200 SOUTH PEARL, ALBANY, NY 12202 ...... 0 200 HA OF TROY ...... 1 EDDYS LANE, TROY, NY 12180 ...... 0 24,200 HA OF GLENS FALLS ...... JAY STREET, GLENS FALLS, NY 12801 ...... 0 2,400 LAKE MHA ...... 189 FIRST STREET, PAINESVILLE, OH 44077 ...... 0 6,400 HANCOCK MHA ...... 1800 N. BLANCHARD STREET, STE 111, ...... 0 2,400 HA & COMM SERVICES AGENCY OF .. 177 DAY ISLAND RD, EUGENE, OR 97401 ...... 0 4,000 HA OF JACKSON COUNTY ...... 2231 TABLE ROCK ROAD, MEDFORD, OR 97501 ...... 0 2,400 PHILADELPHIA HA ...... 12 SOUTH 23RD STREET, PHILADELPHIA, PA 19103 ...... 0 23,200 SCRANTON HA ...... 400 ADAMS AVENUE, SCRANTON, PA 18510 ...... 0 6,800 ALLEGHENY COUNTY HSG ...... 625 STANWIX ST, 12TH FLOOR, PITTSBURGH, PA 15222 ..... 0 2,200 HA OF COLUMBIA ...... 1917 HARDEN STREET, COLUMBIA, SC 29204 ...... 0 5,600 CITY OF SPARTANBURG HA ...... P.O. BOX 2828, SPARTANBURG, SC 29304 ...... 0 14,000 SIOUX FALLS HSG & REDEVELOP- 630 SOUTH MINNESOTA, SIOUX FALLS, SD 57104 ...... 0 200 MENT. KNOXVILLE COMMUNITY DEVEL P.O. BOX 3550, KNOXVILLE, TN 37927 ...... 0 9,400 CORP. METRO DEVELOPMNT & HSG ...... 701 SOUTH SIXTH STREET, NASHVILLE, TN 37202 ...... 0 4,600 HA OF MARYVILLE ...... 100 BROADWAY TOWERS, MARYVILLE, TN 37801 ...... 0 5,600 HOUSTON HA ...... 2640 FOUNTAIN VIEW, HOUSTON, TX 77057 ...... 0 14,200 SAN ANTONIO HA ...... 818 S. FLORES STREET, SAN ANTONIO, TX 78295 ...... 0 8,200 HA OF PARIS ...... 100 GEORGE W. WRIGHT HOMES, PARIS, TX 75461 ...... 0 3,200

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SECTION 8 RENTAL ASSISTANCE PROGRAMS ANNOUNCEMENT OF AWARDS FOR FISCAL YEAR 2009—Continued

Housing agency Address Units Award

HA OF PLANO ...... 1740 AVENUE G, PLANO, TX 75074 ...... 0 1,800 HA OF ABILENE ...... 555 WALNUT, ABILENE, TX 79604 ...... 0 19,000 HA CITY OF BRENHAM ...... 1901 NORTHVIEW CIRCLE DRIVE, BRENHAM, TX 77833 ...... 0 3,400 DENTON HA ...... 1225 WILSON STREET, DENTON, TX 76205 ...... 0 25,600 GRAND PRAIRIE HSNG & COMM DEV 201 NW 2ND ST, SUITE 150, GRAND PRAIRIE, TX 75050 ...... 0 5,600 LONGVIEW HSG & COMM. DEV ...... P.O. BOX 1952, LONGVIEW, TX 75606 ...... 0 9,600 CENTRAL TEXAS COUNCIL OF 2180 N. MAIN, BELTON, TX 76513–0729 ...... 0 8,200 GOVTS. BRAZORIA COUNTY HA ...... 1524 E MULBERRY, STE 162, ANGLETON, TX 77515 ...... 0 4,200 DEEP EAST TX COUNCIL OF GOVTS 210 PREMIER DRIVE, JASPER, TX 75951 ...... 0 2,400 DALLAS COUNTY HSG ASSISTANCE .. 2377 N. STEMMONS FRWY, STE 600—LB 12, DALLAS, TX 0 12,200 75207. DANVILLE REDEVELOPMENT & HA .... 651 CARDINAL PLACE, DANVILLE, VA 24541 ...... 0 1,800 LYNCHBURG REDEVELOPMENT & HA 918 COMMERCE STREET, LYNCHBURG, VA 24505 ...... 0 13,400 FAIRFAX CO REDEVELOPMENT & HA 3700 PENDER DRIVE, SUITE 300, FAIRFAX, VA 22030 ...... 0 16,000 VERMONT STATE HA ...... ONE PROSPECT STREET, MONTPELIER, VT 05602 ...... 0 5,000 SEATTLE HA ...... 120 SIXTH AVENUE NORTH, SEATTLE, WA 98109 ...... 0 10,600 KING COUNTY HA ...... 600 ANDOVER PARK WEST, SEATTLE, WA 98188 ...... 0 26,600 HA OF CITY OF EVERETT ...... 3107 COLBY AVE, EVERETT, WA 98206 ...... 0 20,000 HA OF GRAYS HARBOR ...... 602 EAST FIRST STREET, ABERDEEN, WA 98520 ...... 0 6,800 PORTAGE COUNTY HA ...... 1100 CENTERPOINT DR, STE 201–B, STEVENS POINT, WI 0 16,000 54481. WISCONSIN HSG & ECONOMIC DE- MADISON, WI 53701 ...... 0 2,400 VELOPMENT AUTH. HA OF THE CITY OF CHEYENNE ...... 3304 SHERIDAN AVENUE, CHEYENNE, WY 82009 ...... 0 2,800

Total for Special Fees for Term/Opt- ...... 0 $883,600 outs.

Terminations/Opt-outs

MOBILE HSG BOARD ...... P.O. BOX 1345, MOBILE, AL 36633 ...... 42 218,650 HA OF HUNTSVILLE ...... P.O. BOX 486, HUNTSVILLE, AL 35804 ...... 43 205,397 HA OF JEFFERSON COUNTY ...... 3700 INDUSTRIAL PARKWAY, BIRMINGHAM, AL 35217 ...... 8 48,804 HA OF EUFAULA ...... P.O. BOX 36, EUFAULA, AL 36027 ...... 4 13,771 HA OF THE CITY OF PINE BLUFF ...... P.O. BOX 8872, PINE BLUFF, AR 71611 ...... 13 54,431 ASHLEY COUNTY HA ...... 202 S. MULBERRY STREET, HAMBURG, AR 71646 ...... 5 15,807 CITY OF LOS ANGELES HA ...... 2600 WILSHIRE BLVD, 3RD FL, LOS ANGELES, CA 90057 ..... 122 1,148,354 CITY OF FRESNO HA ...... 1331 FULTON MALL, FRESNO, CA 93776 ...... 56 341,799 COUNTY OF SACRAMENTO HSG ...... P.O. BOX 1834, SACRAMENTO, CA 95812 ...... 26 219,604 COUNTY OF RIVERSIDE HA ...... 5555 ARLINGTON AVE, RIVERSIDE, CA 92504 ...... 93 720,969 COUNTY OF MONTEREY HA ...... 123 RICO STREET, SALINAS, CA 93907 ...... 15 119,315 SAN DIEGO HSG COMMISSION ...... 1122 BROADWAY, SUITE 300, SAN DIEGO, CA 92101 ...... 34 338,881 STAMFORD HA ...... 22 CLINTON AVE, STAMFORD, CT 06904 ...... 56 836,154 CITY OF HARTFORD ...... 550 MAIN STREET, HARTFORD, CT 06103 ...... 48 381,456 HA OF JACKSONVILLE ...... 1300 BROAD STREET, JACKSONVILLE, FL 32202 ...... 65 446,277 ST. PETERSBURG HA ...... P. O. BOX 12849, ST. PETERSBURG, FL 33733 ...... 146 1,221,144 HA OF DAYTONA BEACH ...... 211 N. RIDGEWOOD AVE, STE 200, DAYTONA BEACH, FL 60 391,867 32114. HA OF SARASOTA ...... 1300 BOULEVARD OF THE ARTS, SARASOTA, FL 34236 ...... 21 186,508 NW FLORIDA REGIONAL HA ...... P. O. BOX 218, GRACEVILLE, FL 32440 ...... 52 278,098 HA OF POMPANO BEACH ...... 321 WEST ATLANTIC BLVD, POMPANO BEACH, FL 33061 .... 24 248,435 HA OF OCALA ...... P.O. BOX 2468, OCALA, FL 34478 ...... 92 523,307 PINELLAS COUNTY HA ...... 11479 ULMERTON ROAD, LARGO, FL 33778 ...... 128 915,348 GAINESVILLE HA ...... P.O. BOX 1468, GAINESVILLE, FL 32602 ...... 152 1,006,629 HIALEAH HA ...... 75 EAST 6TH STREET, HIALEAH, FL 33010 ...... 98 781,817 HA OF BOCA RATON ...... 201 WEST PALMETTO PARK ROAD, BOCA RATON, FL 33432 49 428,970 NORTH IOWA REGIONAL HA ...... 202 1ST STREET, SE, STE 203, MASON CITY, IA 50401 ...... 7 19,235 IDAHO HSG AND FINANCE ASSOC ..... 565 W MYRTLE STREET, BOISE, ID 83707 ...... 5 20,873 DUPAGE COUNTY HA ...... 711 EAST ROOSEVELT ROAD, WHEATON, IL 60187 ...... 42 405,433 HA. CITY OF JEFFERSONVILLE ...... 206 EASTERN BOULEVARD, JEFFERSONVILLE, IN 47130 ..... 28 115,839 INDIANA HSG & COMM DEV AUTH ..... 30 S. MERIDIAN ST, STE 1000, INDIANAPOLIS, IN 46204 ...... 35 183,977 CITY OF RICHMOND SECTION 8 HSG POST OFFICE BOX 250, RICHMOND, KY 40476 ...... 32 130,648 NEW ORLEANS HA ...... 4100 TOURO STREET, NEW ORLEANS, LA 70122 ...... 70 739,586 EAST BATON ROUGE PHA ...... 4731 NORTH BLVD, BATON ROUGE, LA 70806 ...... 32 224,790 MONROE HA ...... 300 HARRISON ST, MONROE, LA 71203 ...... 53 222,740 TANGIPAHOA PARISH POLICE JURY .. P.O. BOX 215, AMITE, LA 70422 ...... 50 229,938 WORCESTER HA ...... 40 BELMONT STREET, WORCESTER, MA 01605 ...... 140 994,745 HA OF BALTIMORE CITY ...... 417 EAST FAYETTE STREET, BALTIMORE, MD 21201 ...... 321 2,670,720 MICHIGAN STATE HSG DEV AUTH ..... P.O. BOX 30044, LANSING, MI 48909 ...... 68 389,117 ST. LOUIS HA ...... 3520 PAGE BOULEVARD, ST. LOUIS, MO 63106 ...... 16 104,127 ST. FRANCOIS COUNTY PHA ...... P.O. BOX N, PARK HILLS, MO 63601 ...... 40 251,587

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SECTION 8 RENTAL ASSISTANCE PROGRAMS ANNOUNCEMENT OF AWARDS FOR FISCAL YEAR 2009—Continued

Housing agency Address Units Award

JASPER COUNTY PHA ...... P.O. BOX 207, JOPLIN, MO 64802 ...... 12 42,224 HA TENNESSEE VALLEY ...... P.O. BOX 1329, CORINTH, MS 38834 ...... 5 17,480 HA OF MISSISSIPPI REGIONAL NO 7 P.O. BOX 430, MC COMB, MS 39648 ...... 18 54,791 HA OF SOUTH DELTA ...... P.O. BOX 959, LELAND, MS 38756 ...... 69 329,743 MT DEPARTMENT OF COMMERCE ..... 301 S. PARK, HELENA, MT 59620 ...... 22 148,174 HA OF SANFORD ...... 504 N FIRST STREET PO BOX 636, SANFORD, NC 27331 ..... 23 103,141 UNION CITY HA ...... 3911 KENNEDY BOULEVARD, UNION CITY, NJ 07087 ...... 0 111,742 MIDDLETOWN HA ...... 2 OAKDALE DRIVE PLAZA, MIDDLETOWN, NJ 07748 ...... 57 559,847 SAN JUAN COUNTY HA ...... 7450 E. MAIN STREET, STE C, FARMINGTON, NM 87402 ...... 28 115,984 NEW YORK CITY HA ...... 90 CHURCH STREET, 9TH FL, NEW YORK, NY 10007 ...... 133 1,272,411 ALBANY HA ...... 200 SOUTH PEARL, ALBANY, NY 12202 ...... 1 5,428 HA OF TROY ...... 1 EDDYS LANE, TROY, NY 12180 ...... 121 573,424 HA OF GLENS FALLS ...... JAY STREET, GLENS FALLS, NY 12801 ...... 12 52,901 LAKE MHA ...... 189 FIRST STREET, PAINESVILLE, OH 44077 ...... 32 208,973 HANCOCK MHA ...... 1800 N. BLANCHARD STREET, STE 114, ...... 12 45,480 HA & COMM SERV AGENCY OF LANE 177 DAY ISLAND RD, EUGENE, OR 97401 ...... 20 106,481 CO. HA OF JACKSON COUNTY ...... 2231 TABLE ROCK ROAD, MEDFORD, OR 97501 ...... 12 59,592 PHILADELPHIA HA ...... 12 SOUTH 23RD STREET, PHILADELPHIA, PA 19103 ...... 116 750,575 SCRANTON HA ...... 400 ADAMS AVENUE, SCRANTON, PA 18510 ...... 34 151,661 ALLEGHENY COUNTY HA ...... 625 STANWIX ST, 12TH FL, PITTSBURGH, PA 15222 ...... 11 60,341 HA OF COLUMBIA ...... 1917 HARDEN STREET, COLUMBIA, SC 29204 ...... 28 153,246 CITY OF SPARTANBURG HA ...... P.O. BOX 2828, SPARTANBURG, SC 29304 ...... 80 393,034 SIOUX FALLS HSG & REDEV AUTH .... 630 SOUTH MINNESOTA, SIOUX FALLS, SD 57104 ...... 1 5,016 KNOXVILLE COMMUNITY DEVEL P.O. BOX 3550, KNOXVILLE, TN 37927 ...... 47 249,722 CORP. METRO DEVELOPMENT & HSG ...... 701 SOUTH SIXTH STREET, NASHVILLE, TN 37202 ...... 23 128,908 HA OF MARYVILLE ...... 100 BROADWAY TOWERS, MARYVILLE, TN 37801 ...... 52 237,045 HOUSTON HA ...... 2640 FOUNTAIN VIEW, HOUSTON, TX 77057 ...... 73 536,749 SAN ANTONIO HA ...... 818 S. FLORES STREET, SAN ANTONIO, TX 78295 ...... 50 343,452 HA OF PARIS ...... 100 GEO. W. WRIGHT HOMES, PARIS, TX 75461 ...... 16 71,197 HA OF PLANO ...... 1740 AVENUE G, PLANO, TX 75074 ...... 9 62,911 HA OF ABILENE ...... 555 WALNUT, ABILENE, TX 79604 ...... 95 411,904 HA OF CITY OF BRENHAM ...... 1901 NORTHVIEW CIRCLE DRIVE, BRENHAM, TX 77833 ...... 19 103,074 DENTON HA ...... 1225 WILSON STREET, DENTON, TX 76205 ...... 132 957,305 GRAND PRAIRIE HSNG & COMM DEV 201 NW. 2ND ST, SUITE 150, GRAND PRAIRIE, TX 75050 ...... 28 216,067 LONGVIEW HSG & COMM. DEV ...... P.O. BOX 1952, LONGVIEW, TX 75606 ...... 48 235,636 CENTRAL TEXAS COUNCIL OF 2180 N. MAIN, BELTON, TX 76513 ...... 41 195,604 GOVTS. BRAZORIA COUNTY HA ...... 1524 E MULBERRY STE 162, ANGLETON, TX 77515 ...... 25 145,482 DEEP EAST TX COUNCIL OF GOVTS 210 PREMIER DRIVE, JASPER, TX 75951 ...... 13 66,784 DALLAS COUNTY HSG ASSISTANCE .. 2377 N. STEMMONS FRWY, STE 600—LB 12, DALLAS, TX 61 399,174 75207. DANVILLE REDEVELOPMENT & HA .... 651 CARDINAL PLACE, DANVILLE, VA 24541 ...... 9 43,689 LYNCHBURG REDEVELOPMENT & HA 918 COMMERCE STREET, LYNCHBURG, VA 24505 ...... 69 257,475 FAIRFAX CO REDEVLOPMENT & HA .. 3700 PENDER DRIVE, SUITE 300, FAIRFAX, VA 22030 ...... 80 995,386 VERMONT STATE HA ...... ONE PROSPECT STREET, MONTPELIER, VT 05602 ...... 25 142,254 SEATTLE HA ...... 120 SIXTH AVENUE NORTH, SEATTLE, WA 98109 ...... 60 657,367 KING COUNTY HA ...... 600 ANDOVER PARK WEST, SEATTLE, WA 98188 ...... 135 1,566,821 HA OF CITY OF EVERETT ...... 3107 COLBY AVE, EVERETT, WA 98206 ...... 101 833,105 HA OF GRAYS HARBOR ...... 602 EAST FIRST STREET, ABERDEEN, WA 98520 ...... 34 154,098 PORTAGE COUNTY HA ...... 1100 CENTERPOINT DR, STE 201–B, STEVENS POINT, WI 80 258,566 54481. WISCONSIN HSG & ECON DEV ...... P.O. BOX 1728, MADISON, WI 53701 ...... 12 49,116 HA OF THE CITY OF ...... 3304 SHERIDAN AVENUE, CHEYENNE, WY 82009 ...... 16 79,450

Total for Terminations/Opt-outs ...... 4,591 $32,515,177

Total for Housing Tenant Protection ...... 8,478 $70,544,835

HOPE VI Vouchers

FAYETTEVILLE METRO HA ...... PO DRAWER 2349, FAYETTEVILLE, NC 28302 ...... 224 1,265,429 KING COUNTY HA ...... 600 ANDOVER PARK WEST, SEATTLE, WA 98188 ...... 84 906,162

Total for TP HOPE VI Vouchers ...... 308 $2,171,591

Grand Total ...... 21,098 $167,165,850

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[FR Doc. 2010–2568 Filed 2–4–10; 8:45 am] Resources Conservation Agency; and the (2) Wildlife and habitat conservation/ BILLING CODE 4210–67–P Administrator of the Farm Services management organizations. Bureau, and it will function solely as an (3) Game bird hunting organizations. advisory body. The Council’s duties will (4) Waterfowl hunting organizations. DEPARTMENT OF THE INTERIOR consist of, but are not limited to, (5) Big game hunting organizations. providing recommendations for: (6) Sportsmen and women community Office of the Secretary (a) Implementing the Recreational at-large. Hunting and Wildlife Resource (7) Archery, hunting, and/or shooting DEPARTMENT OF AGRICULTURE Conservation Plan—A Ten-Year Plan for sports industry. Implementation; (8) Hunting and shooting sports Office of the Secretary (b) Increasing public awareness and outreach and education organizations. support for the Sport Wildlife Trust (9) Tourism, Outfitter, and/or Guide Establishment of the Wildlife and Fund; industries related to hunting and/or Hunting Heritage Conservation Council (c) Fostering wildlife and habitat shooting sports. conservation and ethics in hunting and (10) Tribal resource management AGENCY: Office of the Secretary, Interior; shooting sports recreation; organizations. Office of the Secretary, Agriculture. (d) Stimulating sportsmen and We invite nomination of individuals ACTION: Notice of establishment. women’s participation in conservation for membership on the Council. and management of wildlife and habitat Nominations should describe and SUMMARY: The Secretary of the Interior resources through outreach and document the proposed member’s and the Secretary of Agriculture education; qualifications for membership to the establish the Wildlife and Hunting (e) Fostering communication and Council, and include a resume listing Heritage Conservation Council coordination among State and Federal their name, title, address, telephone, (Council). The Council will provide Government, industry, hunting and and fax number. advice on wildlife and habitat shooting sportsmen and women, Certification conservation endeavors that (1) benefit wildlife conservation and management recreational hunting; (2) benefit wildlife organizations, native American Tribes, I hereby certify that the Wildlife and resources; and (3) encourage and the public; Hunting Heritage Conservation Council partnerships among the public, the (f) Providing appropriate access to (Council) is necessary and is in the sporting conservation community, hunting and recreational shooting on public interest in connection with the wildlife conservation groups, the States, Federal lands; and performance of duties imposed on the Native American Tribes, and the Federal (g) Providing recommendations to Department of the Interior and the government. We are seeking improve implementation of Federal Department of Agriculture under 43 nominations for individuals to be conservation programs that benefit U.S.C. 1457 and provisions of the Fish considered as Council members. wildlife, hunting and outdoor recreation and Wildlife Act of 1956 (16 U.S.C. DATES: Written nominations must be on private lands. 742a–742j), the Federal Land Policy and received by March 8, 2010. The Council will meet approximately Management Act of 1976 (43 U.S.C. 1701 et seq.), the National Forest ADDRESSES: Send nominations to: Bruce two times per year. The Secretary of the Decker, Chief, Division of Program and Interior and the Secretary of Agriculture Management Act of 1976 (16 U.S.C. Partnership Support, External Affairs, will appoint members for 2-year terms. 1600 et seq.), the National Wildlife U.S. Fish and Wildlife Service, 4501 N. The Council will consist of no more Refuge System Improvement Act of Fairfax Drive, Mailstop EA–3103, than 18 members. 1997 (16 U.S.C. 668dd–668ee) and The following officials or their Arlington, VA 22203. Executive Order 13443, Facilitation of designated representatives will serve as Hunting Heritage and Wildlife FOR FURTHER INFORMATION CONTACT: ex officio members to the Council: Conservation. Bruce Decker, Chief, Division of Director, U.S. Fish and Wildlife Service; Program and Partnership Support, Director, Bureau of Land Management; Ken Salazar, External Affairs, U.S. Fish and Wildlife Chief, U.S. Forest Service; Chief, Secretary of the Interior. Service, 4501 N. Fairfax Drive, Mailstop Natural Resources Conservation Service; Thomas J. Vilsack, EA–3103, Arlington, VA 22203; 703– Administrator, Farm Services Bureau; Secretary of Agriculture. 358–2521 (telephone). and Executive Director, Association of [FR Doc. 2010–2582 Filed 2–4–10; 8:45 am] SUPPLEMENTARY INFORMATION: This Fish and Wildlife Agencies (AFWA) BILLING CODE 4310–55–P notice is published in accordance with will serve as ex officio members to the the requirements of the Federal Council. Advisory Committee Act (FACA) (5 The Secretaries will select remaining DEPARTMENT OF THE INTERIOR U.S.C. App.). The Secretary of the members from among, but not limited Interior and Secretary of Agriculture to, the national interest groups listed Office of the Secretary certify that the formation of the Council below. These members must be senior- National Geospatial Advisory is necessary and is in the public level representatives of their Committee interest. organizations and/or have the ability to The Council will conduct its represent their designated constituency. AGENCY: Office of the Secretary, Interior. operations in accordance with the No individual who is currently ACTION: Notice of renewal of National provisions of the FACA. It will report to registered as a Federal lobbyist is Geospatial Advisory Committee. the Secretary of the Interior and the eligible to serve as a member of the Secretary of Agriculture through the Council. SUMMARY: This notice is published in Fish and Wildlife Service (Service), in (1) State fish and wildlife resource accordance with Section 9(a) of the consultation with the Director of the management agencies (representatives Federal Advisory Committee Act of Bureau of Land Management; the Chief, to be recommended by the President of 1972 (Pub. L. 92–463). Notice is hereby U.S Forest Service; the Chief, Natural AFWA). given that the Secretary of the Interior

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has renewed the National Geospatial Resources, United States House of DEPARTMENT OF THE INTERIOR Advisory Committee. The Committee Representatives; and the Library of will provide advice and Congress. Bureau of Land Management recommendations to the Federal The Certification for renewal is [CACA 49561, LLCAD08000L5101 Geographic Data Committee (FGDC), published below. ER0000LVRWB09B3220] through the FGDC Chair (the Secretary of the Interior or designee), related to Certification: I hereby certify that the Notice of Availability of the Draft management of Federal geospatial National Geospatial Advisory Environmental Impact Statement for programs, the development of the Committee is in the public interest in the Proposed Chevron Energy National Spatial Data Infrastructure connection with the performance of Solutions Lucerne Valley Solar Project, (NSDI), and the implementation of duties imposed on the Department of San Bernardino County, CA, and the Office of Management and Budget the Interior by Office of Management Draft California Desert Conservation (OMB) Circular A–16 and Executive and Budget (OMB) Circular A–16 Area Plan Amendment Order 12906. The Committee will (Revised), ‘‘Coordination of Geographic AGENCY: review and comment upon geospatial Information and Related Spatial Data Bureau of Land Management, policy and management issues and will Activities.’’ The Committee will assist Interior. provide a forum to convey views the Department of the Interior by ACTION: Notice of Availability. representative of non-Federal partners providing advice and recommendations in the geospatial community. SUMMARY: In accordance with the related to the management of Federal National Environmental Policy Act of FOR FURTHER INFORMATION CONTACT: John geospatial programs and the 1969, as amended, and the Federal Land Mahoney, USGS (phone: 206–220–4621, development of the National Spatial Policy and Management Act of 1976, as e-mail: [email protected]). Data Infrastructure. amended, the Bureau of Land SUPPLEMENTARY INFORMATION: We are Dated: January 28, 2010. Management (BLM) has prepared a Draft publishing this notice in accordance Ken Salazar, California Desert Conservation Area with the requirements of the Federal (CDCA) Plan Amendment and a Draft Secretary of the Interior. Advisory Committee Act (5 U.S.C. App.) Environmental Impact Statement (EIS) (FACA). The Committee will conduct its [FR Doc. 2010–2508 Filed 2–4–10; 8:45 am] for the proposed Chevron Energy operations in accordance with the BILLING CODE 4311–AM–P Solutions Lucerne Valley Solar Project provisions of the FACA. It will report to and by this notice is announcing the the Secretary of the Interior through the opening of the comment period. Chair of the FGDC Steering Committee DEPARTMENT OF THE INTERIOR DATES: and will function solely as an advisory To ensure that comments will be body. The Committee will provide Office of the Secretary considered, the BLM must receive recommendations and advice to the written comments on the CDCA Plan Department and the FGDC on policy Terminating the Sporting Conservation Amendment and Draft EIS within 90 and management issues related to the Council days following the date the effective operation of Federal geospatial Environmental Protection Agency programs. AGENCY: Office of the Secretary, Interior. publishes this Notice of Availability in the Federal Register. The BLM will The Secretary of the Interior will ACTION: Notice of termination. announce future meetings or hearings appoint Committee members. The and any other public involvement Committee will be composed of up to 30 SUMMARY: After consultation with the activities at least 15 days in advance representatives, who will be selected to Secretary of Agriculture and the General through public notices, media releases, generally achieve a balanced Services Administration, we, the or mailings. representation of the viewpoints of the Department of the Interior, have various stakeholders involved in ADDRESSES: You may submit comments terminated the Sporting Conservation national geospatial activities and the related to the proposed Chevron Energy Council. development of the NSDI. Solutions Lucerne Valley Solar Project by any of the following methods: The Committee is expected to meet 3– FOR FURTHER INFORMATION CONTACT: • Web site: http://www.blm.gov/ca/st/ 4 times per year. Committee members Bruce Decker, Chief, Division of will serve without compensation. Travel en/fo/barstow.html. Program and Partnership Support, • and per diem costs will be provided for E-mail: [email protected]. External Affairs, U.S. Fish and Wildlife • Committee members by the U.S. Fax: (951) 697–5299. Service, 4501 N. Fairfax Drive, Mailstop • Geological Survey (USGS). The USGS Mail or other delivery service: Greg EA–3103, Arlington, Virginia 22203; will provide necessary support services Thomsen, BLM California Desert telephone 703–358–2521. to the Committee. Committee meetings District Office, 22835 Calle San Juan de will be open to the public. Notice of Dated: January 7, 2010. Los Lagos, Moreno Valley, California committee meetings will be published Ken Salazar, 92553. in the Federal Register at least 15 days Copies of the Draft EIS and Draft Secretary of the Interior. CDCA Plan Amendment for the before the date of the meeting. The [FR Doc. 2010–2497 Filed 2–4–10; 8:45 am] public will have an opportunity to proposed Chevron Energy Solutions provide input at these meetings. BILLING CODE 4310–55–P Lucerne Valley Solar Project are In accordance with FACA, a copy of available in the California Desert the Committee’s charter will be filed District Office at the above address. with the Committee Management FOR FURTHER INFORMATION CONTACT: For Secretariat, General Services further information contact Greg Administration; Committee on Energy Thomsen, Project Manager; telephone and Natural Resources, United States (951) 697–5237 or at the address and e- Senate; Committee on Natural mail address above.

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SUPPLEMENTARY INFORMATION: Chevron information from public review, we DATES: We anticipate that a Record of Energy Solutions has requested a 516- cannot guarantee that we will be able to Decision will be issued by FWS in 2010, acre right-of-way (ROW) authorization do so. but no sooner than 30 days after the to construct and operate a 45-megawatt Authority: 40 CFR 1506.6; 40 CFR Federal Register publication date for solar photovoltaic project and connect it 1506.10; 43 CFR 1610.2. this notice of availability. to an existing Southern California Thomas Pogacnik, ADDRESSES: Download copies of the Edison 33 kV distribution system on final EIR/EIS from the CDFG Web site at Deputy State Director, California. public lands located approximately 8 http://www.dfg.ca.gov/news/pubnotice/ miles east of Lucerne Valley, San [FR Doc. 2010–2299 Filed 2–4–10; 8:45 am] hatchery/. Alternatively, you may send Bernardino County, California. BILLING CODE 4310–40–P your request for copies of the final EIR/ The proposed project would include a EIS to Mr. Bart Prose by mail at U.S. solar array, switchyard, a control and Fish and Wildlife Service, 2800 Cottage DEPARTMENT OF THE INTERIOR maintenance building, and parking area. Way, Room W–1729, Sacramento, CA The Draft EIS analyzes the site-specific _ Fish and Wildlife Service 95825; by e-mail to bart [email protected]; impacts to the environment from the or by fax to (916) 978–6155. proposed project. Alternatives include: [FWS–R8–MB–2009–N286; 80213–9410– • A no action alternative with a plan 0000–7B] FOR FURTHER INFORMATION CONTACT: Mr. amendment making the project area Bart Prose: (916) 978–6152 (phone); unavailable to other solar energy Federal Sport Fish Restoration; [email protected] (e-mail). projects; California Department of Fish and SUPPLEMENTARY INFORMATION: Under the • A no action alternative with a plan Game Fish Hatchery and Stocking SFRA (Pub. L. 106–408), FWS has amendment making the project area Program authority to grant Federal funds from available to other solar energy projects; the Sport Fish Restoration and Boating • The proposed action; AGENCY: Fish and Wildlife Service, • Interior. Trust Fund to support actions A modified proposed action that associated with CDFG’s Program. The ACTION: Notice of availability: Final reduces visual and biological impacts; Trust Fund is financed through environmental impact report/ and collection of excise taxes on sport- • environmental impact statement (EIR/ A reduced footprint/reduced fishing equipment, electric motors, and EIS). megawatts modified proposed action. sonar; import duties on fishing tackle, Pursuant to BLM’s CDCA Plan (1980, yachts, and pleasure craft; the portion of as amended), sites associated with SUMMARY: The U.S. Fish and Wildlife gasoline tax attributable to motorboats power generation or transmission not Service (FWS) announces the and small engines; and interest on the identified in the CDCA Plan will be availability of the final EIR/EIS for the Fund. considered through the plan California Department of Fish and amendment process. Game’s (CDFG) Fish Hatchery and CDFG has been rearing and stocking A Notice of Intent to Prepare an EIS Stocking Program (Program). FWS is fish in the inland waters of California and CDCA Plan amendment for the lead agency, under the National since the late 1800s, when the State of Lucerne Valley Solar Project was Environmental Policy Act (NEPA) of California enacted legislation to restore published in the Federal Register on 1969, as amended, for the EIR/EIS and preserve fish in State waters. This July 23, 2009. This was followed by a jointly prepared with CDFG. Under the legislation called for the newly formed 30-day public scoping period which Sport Fish Restoration Act (SFRA), FWS California State Fish and Game ended August 22, 2009. Scoping proposes to fund actions associated with Commission to establish ‘‘fish meetings were held on July 23, 2009 in the operation of CDFG’s 14 trout breederies’’ to stock and supply streams, Lucerne Valley, California, and on July hatcheries and the Mad River Hatchery lakes, and bays with both foreign and 30 in San Bernardino, California. for the anadromous steelhead, and domestic fish. Since that time in the late Numerous public scoping comments stocking from the 15 hatcheries. The 1800s, CDFG has continued that were received. Federal action does not include funding mandate by rearing and stocking both The main concerns included potential CDFG’s other anadromous fish inland trout and anadromous species of impacts to biological species, visual hatcheries and associated stocking, nor fish reared at 24 hatcheries and planting resources, and cultural resources, and its issuance of private stocking permits. bases located throughout the State. appropriate use of public land. The SFRA funding may also support CDFG’s For the past approximately 100 years, issues and concerns identified in the Fishing in the City and Classroom CDFG has stocked nonnative trout scoping comments were addressed in Aquarium Education Programs. CDFG is throughout the State. CDFG’s Program the DEIS. the lead agency under the California currently operates 14 trout hatcheries Please note that public comments will Environmental Quality Act (CEQA) and throughout the State, rearing 6 trout be available for public review and proposes to implement hatchery species and 3 salmon species. Trout disclosure at the above address during operations and stocking funded by FWS, hatcheries rear rainbow, golden, regular business hours (8 a.m. to 4 p.m.), as well as all other components of the cutthroat, brown, lake, and brook trout. Monday through Friday, except CDFG Program, including anadromous Salmon species reared include Chinook, holidays. fish hatchery operations and associated Coho, and kokanee. CDFG’s Mad River Before including your address, phone stocking, and issuance of stocking Hatchery for anadromous fish presently number, e-mail address, or other permits to private parties seeking to rears only steelhead. Over the past 5 personal identifying information in your stock fish in California’s inland waters. years, CDFG planted over 3.6 million comment, you should be aware that The final EIR/EIS presents Program pounds of combined trout and inland your entire comment—including your impact analysis, mitigation for impacts, salmon, annually, from its 14 trout personal identifying information—may selection of the preferred alternative, hatcheries into hundreds of locations, be made publicly available at any time. and response to comments received including high mountain lakes, low- While you can ask us in your comment during the comment period for the draft elevation reservoirs, and various to withhold your personal identifying EIR/EIS. streams and creeks. The Mad River

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Hatchery planted over 39,000 pounds of efforts, is outside the scope of actions implemented prior to stocking in those steelhead, annually, into the Mad River. contemplated by FWS at this time. locations. Such plans could include Funding CDFG Program activities Hatchery operations and stocking eradication of nonnative fish from water provides freshwater angling activities associated with CDFG’s inland bodies currently or formerly harboring opportunities and recreation throughout water hatchery program, including sensitive native species, genetic analysis the State. Operations and stocking potential increases in fish rearing and of native fish to determine degree of associated with the 14 trout hatcheries stocking in the future, have been hybridization, cessation of nonnative and the Mad River anadromous fish evaluated for their effects on the trout stocking in waters occupied by hatchery are eligible for SFRA grants. environment. Potential impacts to native trout populations, and FWS does not fund operations or native amphibians and fish, which have implementation of measures consistent stocking associated with other experienced declines within the state, with FWS recovery plans and CDFG anadromous hatcheries because they are are of chief interest. Results of the management plans. Stocking of Mad mitigation hatcheries, which are funded evaluations and alternative courses of River steelhead will continue with through other sources. action are presented in the draft EIR/ measures intended to reduce the In 2005, State Assembly Bill 7 added EIS, in accordance with CEQA (PRC interaction between hatchery reared fish Section 13007 to the California Fish and 21000 et seq.) and NEPA (42 U.S.C. and naturally reproducing populations Game Code (FGC 13007), which 4321 et seq.). and consistent with the Draft Hatchery established annual minimum release Alternatives and Genetic Management Plan targets for hatchery trout based upon submitted to the National Marine sport-fishing license sales, and required Four alternatives were developed for Fisheries Service. The Fishing in the CDFG to deposit one-third of sport- CDFG’s Fish Hatchery and Stocking City and Classroom Aquarium fishing license fees into its Hatchery and Program, and each was included for Education Programs will continue using Inland Fisheries Fund for specified detailed analysis in the draft EIS/EIR. conservation measures and uniform fisheries management purposes. Per All Program components are subject to protocols developed to ensure that CDFG’s implementation plan for FGC CEQA, but only the subset of stocking locations are properly screened 13007, funding for the stocking program components with Federal discretionary to protect native, sensitive, and legally was scheduled to increase from almost involvement (associated with SFRA protected species. Implementation of $8 million for State fiscal year (FY) funding) are subject to NEPA; i.e., Program activities associated with 2005–2006, to $15 million for State FY operations of CDFG’s 14 trout hatcheries application of pre-stocking evaluation 2006–2007. In addition, a State court and the Mad River Hatchery for protocols or development of ABMPs, order in 2006 required CDFG to steelhead, associated stocking of fish may require additional, site-specific complete an environmental review for produced at those hatcheries, and the NEPA compliance tiered from the EIR/ its Program. To expedite Program Fishing in the City and Classroom EIS. changes due to FGC 13007, the court- Aquarium Education Programs. Only ordered environmental review, and the components of the 4 alternatives Continuation of Interim Program associated SFRA funding contributions pertinent to NEPA are described here. Provisions Alternative to the Program, FWS and CDFG agreed Preferred Alternative Under the Continuation of Interim to prepare a joint EIR/EIS. FWS Program Provisions Alternative, FWS published a notice of intent to prepare Under the Preferred Alternative, FWS will continue to provide funding for the EIR/EIS in the Federal Register on will continue to provide funding, as operations of CDFG’s 14 trout hatcheries August 5, 2008 (73 FR 45470). The modified by certain mitigation and the Mad River Hatchery for notice of availability for the draft EIR/ provisions, for operations of CDFG’s 14 steelhead, and associated stocking of EIS and 45-day comment period trout hatcheries and the Mad River fish produced at those hatcheries, published in the Federal Register on Hatchery for steelhead, and associated consistent with the court-ordered October 8, 2009 (74 FR 51872). stocking of fish produced at those prohibitions and exceptions on fish The objectives of CDFG’s Program are hatcheries. Hatchery operations will stocking that were put into place for the to continue the rearing and stocking of remain largely unchanged from those interim period between the date of the fish for the recreational use of anglers, conducted during the last 5 years, with court order and completion of the EIR/ while balancing the interaction between mitigation applied in some instances to EIS. The interim provisions prohibit State- and privately stocked fish and protect water quality, check the spread stocking nonnative fish in any threatened and endangered species. The of invasive species and pathogens, and California fresh water body where purpose of FWS’s proposed SFRA manage ground water. Decisions on surveys have demonstrated the presence funding is to support operations of stocking of trout, where potential for of 25 specified amphibian or fish CDFG’s 14 trout hatcheries and the Mad significant impacts exist, will be made species, or where a survey for those River Hatchery for the anadromous using a state-wide, pre-stocking species has not yet been completed. The steelhead, and associated stocking of evaluation protocol that emphasizes order does not address the stocking of fish produced at those hatcheries. SFRA protection of native, sensitive, or native fish into native waters. funding also supports CDFG’s Fishing in legally-protected species. In high Exceptions to the prohibitions include the City and Classroom Aquarium mountain lake areas where Aquatic stocking in human-made reservoirs Education Programs. The need Biodiversity Management Plans larger than 1000 acres; stocking in addressed by the proposed action is the (ABMPs) have been prepared, stocking human-made reservoirs less than 1000 support of viable recreational fishing in will continue to follow guidelines that acres that are not connected to a river California, through increased angler ensure expansion of habitats for native or stream, are not within California red- success that is provided by stocking of amphibians and fish. In areas without legged frog critical habitat, or are not hatchery fish in both urban and rural ABMPs, trout stocking will be based on where California red-legged frogs are water bodies. Provision of SFRA funds site-specific, pre-stocking evaluations of known to exist; stocking as required for for support of private stocking permits, risk to native, sensitive, or legally State or Federal mitigation; stocking for or operation of other anadromous fish protected species. ABMPs or other the purpose of enhancing salmon and hatcheries and their associated stocking similar plans may be developed and steelhead populations and funded by

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the Commercial Trollers Salmon Stamp; ACTION: Notice of public meeting. INTERNATIONAL TRADE stocking of steelhead from the Mad COMMISSION River Hatchery into the Mad River SUMMARY: In accordance with the [USITC SE–10–001] Basin; CDFG’s Aquarium in the Federal Land Policy and Management Classroom program; stocking actions to Act (FLPMA) and the Federal Advisory Government in the Sunshine Act support scientific research; and stocking Committee Act of 1972 (FACA), the U.S. Meeting Notice done under an existing private stocking Department of the Interior, Bureau of permit or to be completed under a new Land Management (BLM) Southwest AGENCY HOLDING THE MEETING: United permit with terms similar to one that Colorado Resource Advisory Council States International Trade Commission. was issued in the last 4 years. The (RAC) will meet in March 2010. TIME AND DATE: February 12, 2010 at 11 Fishing in the City and Classroom a.m. Aquarium Education Programs will DATES: A Southwest Colorado RAC PLACE: Room 110, 500 E Street, SW., continue under uniform protocols meeting will be held March 5, 2010. Washington, DC 20436, Telephone: developed to ensure that stocking ADDRESSES: The Southwest Colorado (202) 205–2000. locations are properly screened to RAC meeting will be held March 5, protect native, sensitive, and legally STATUS: Open to the public. protected species. 2010, at the Devil’s Thumb Golf Course MATTERS TO BE CONSIDERED: at 9900 Devil’s Thumb Drive, Delta, CO 1. Agenda for future meetings: none. Continuation of Existing Program 81416. The Southwest Colorado RAC 2. Minutes. Alternative meeting will begin at 9 a.m. and adjourn 3. Ratification List. The Continuation of Existing Program at approximately 4 p.m. A public 4. Inv. Nos. 701–TA–474 and 731– Alternative (equivalent to the CEQA No comment period regarding matters on TA–1176 (Preliminary) (Drill Pipe from Project Alternative) is continuation of the agenda will be at 2:30 p.m. China)—briefing and vote. (The SFRA funding for the existing Fish Commission is currently scheduled to FOR FURTHER INFORMATION CONTACT: Lori Hatchery and Stocking Program. The transmit its determinations to the Armstrong, BLM Southwest District hatcheries’ operation and stocking Secretary of Commerce on or before Manager, 2505 S. Townsend Avenue, activities undertaken by CDFG over the February 16, 2010; Commissioners’ Montrose, CO; telephone 970–240–5300; past 5 years would continue unchanged opinions are currently scheduled to be (some activities may be inconsistent or Erin Curtis, Public Affairs Specialist, transmitted to the Secretary of with the court-ordered prohibitions and 2815 H Road, Grand Junction, CO, Commerce on or before February 23, exceptions), and the SFRA funding telephone 970–244–3097. 2010.) process for these activities will continue SUPPLEMENTARY INFORMATION: The 5. Outstanding action jackets: None. as it has over the same period. Southwest Colorado RAC advises the In accordance with Commission policy, subject matter listed above, not No Action Alternative Secretary of the Interior, through the Bureau of Land Management, on a disposed of at the scheduled meeting, Under the No Action Alternative, variety of public land issues in may be carried over to the agenda of the FWS would not approve SFRA grant Colorado. following meeting. funds to be used by CDFG to support By order of the Commission. actions associated with operations of the Topics of discussion for all Southwest Issued: February 2, 2010. CDFG Fish Hatchery and Stocking Colorado RAC meetings may include Program. Because of State statutory and field manager and working group William R. Bishop, public trust requirements related to the reports, recreation, fire management, Hearings and Meetings Coordinator. hatchery program, CDFG would attempt land use planning, invasive species [FR Doc. 2010–2630 Filed 2–3–10; 11:15 am] to continue to implement its State management, energy and minerals BILLING CODE 7020–02–P hatchery program, seeking other funding management, travel management, sources to replace the Federal funds. wilderness, land exchange proposals, Authority: National Environmental Policy cultural resource management, and DEPARTMENT OF JUSTICE Act (42 U.S.C. 4321 et seq.); Regulations for other issues as appropriate. Notice of Lodging of Consent Decree Implementing the Procedural Provisions of These meetings are open to the the National Environmental Policy Act (40 Under the Clean Air Act CFR 1500–1508). public. The public may present written comments to the RACs. Each formal Under 28 CFR 50.7, notice is hereby Dated: December 16, 2009. RAC meeting will also have time, as given that on Thursday, January 21, Ren Lohoefener, identified above, allocated for hearing 2010, a proposed Consent Decree in Regional Director. public comments. Depending on the United States, et al. v. Lafarge North [FR Doc. 2010–2509 Filed 2–4–10; 8:45 am] number of persons wishing to comment America, Inc., et al., Civil Action No. BILLING CODE 4310–55–P and time available, the time for 10–CV–00044, was lodged with the individual oral comments may be United States District Court for the Southern District of Illinois. limited. DEPARTMENT OF THE INTERIOR In a complaint that was filed Dated: January 22, 2010. simultaneously with the Consent Bureau of Land Management Lori Armstrong, Decree, the United States seeks injunctive relief and penalties against [LLCOS00000 L1120 PH] Southwest District Manager, Designated Federal Officer, Southwest Colorado RAC. Lafarge North America, Inc., Lafarge Notice of Public Meeting, Southwest [FR Doc. 2010–1895 Filed 2–4–10; 8:45 am] Midwest, Inc. and Lafarge Building Materials, Inc. (collectively ‘‘Lafarge Colorado Resource Advisory Council BILLING CODE P Meeting Companies’’), pursuant to Sections 113(b) and 167 of the Clean Air Act AGENCY: Bureau of Land Management. (‘‘the Act’’), 42 U.S.C. 7413(b) and 7477,

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for alleged environmental violations of States, et al. v. Lafarge North America, November 1, 2006, there was no further the Prevention of Significant Inc., et al., D.J. Ref. 90–5–2–1–08221. mention of Nabilone in any subsequent Deterioration (‘‘PSD’’) provisions of the The Consent Decree may be examined notices of Kenco VPI’s applications or Act, 42 U.S.C. 7470–7492; the at the Office of the United States approval of its applications published in nonattainment New Source Review Attorney, Nine Executive Drive, the Federal Register by DEA until the (‘‘nonattainment NSR’’) provisions of the Fairview Heights, Illinois 62208–1344 application published on January 21, Act, 42 U.S.C. 7501–7515; and the and at U.S. EPA Region 5, 77 West 2009. (74 FR 3641) The comment also federally-approved and enforceable state Jackson Blvd., Chicago, Illinois 60604– requested clarification whether Kenco implementation plans, which 3590. During the public comment VPI imports Nabilone in finished drug incorporate and/or implement the above period, the Consent Decree may also be product in dosage form or in bulk active listed federal PSD and/or nonattainment examined on the following Department pharmaceutical ingredient (API) form. NSR requirements. The Complaint also of Justice Web site, http:// Finally, the comment inquires if the alleges violations of Title V of the Act, www.usdoj.gov/enrd/ aggregate national quota for Nabilone 42 U.S.C. §§ 7661–7661f, and Title V’s Consent_Decrees.html. A copy of the established by DEA will be affected by implementing Federal and State Consent Decree may also be obtained by Kenco VPI’s application. regulations. These violations are alleged mail from the Consent Decree Library, DEA’s response to the issues raised in to have occurred at one or more of each P.O. Box 7611, U.S. Department of the comment are as follows: DEA has of the Lafarge Companies’ Portland Justice, Washington, DC 20044–7611 or already admitted that Kenco VPI’s cement plants located in Alpena, by faxing or e-mailing a request to Tonia importer registration received Schedule Michigan; Ravena, New York; Tulsa, Fleetwood ([email protected]), II and the drug code for Nabilone Oklahoma; Fredonia, Kansas; Sugar fax number (202) 514–0097, phone without the benefit of the required legal Creek, Missouri; Buffalo, Iowa; confirmation number (202) 514–1547. In process. On August 1, 2006, a Notice of Paulding, Ohio; Gand Chain, Illinois; requesting a copy from the Consent Application (71 FR 43526) was Seattle, Washington; Whitehall, Decree Library, please enclose a check published for Kenco VPI in the Federal Pennsylvania; Harleyville, South in the amount of $38.00 (25 cents per Register. Subsequently, on November 1, Carolina; Atlanta, Georgia; and Calera, page reproduction cost) payable to the 2006, a Notice of Registration (71 FR Alabama. U.S. Treasury or, if by e-mail or fax, 64298) was published. These notices Under the proposed settlement, the forward a check in that amount to the addressed DEA’s issuance to Kenco Lafarge Companies will be required to Consent Decree Library at the stated VPI’s importer registration of Schedule implement pollution control address. II and the drug code for Nabilone without the benefit of the required legal technologies to reduce emissions of Maureen Katz, nitrogen oxides and sulfur dioxide at process. As a result of the publication of Assistant Section Chief, Environmental these notices, Kenco VPI’s importer designated cement kilns and to meet Enforcement Section, Environment and registration has been legally authorized emission limits which are either set Natural Resources Division. to import Nabilone, effective: November forth in the Consent Decree or will be [FR Doc. 2010–2489 Filed 2–4–10; 8:45 am] 1, 2006. set later by following procedures BILLING CODE 4410–15–P DEA rejects the comment’s assertion specified in the Decree. In addition, the that, between November 1, 2006 and Lafarge Companies must pay a total civil January 21, 2009, there was no further penalty of $5,075,000. Two-thirds of DEPARTMENT OF JUSTICE mention of Nabilone in any subsequent this penalty ($3,383,000) will be paid to notices of Kenco VPI’s applications or the United States, and the remaining Drug Enforcement Administration approval of its applications published in one-third will be shared among the the Federal Register by DEA. This participating states and agencies as set Importer of Controlled Substances; Notice of Registration assertion is incorrect. Four notices were forth in the Consent Decree. published between November 1, 2006 The States of Alabama, Illinois, Iowa, By Notice dated January 9, 2009, and and January 21, 2009 as follows: (71 FR Kansas, Michigan, Missouri, New York, published in the Federal Register on 66974, November 17, 2006), (72 FR Ohio and the Commonwealth of January 21, 2009, (74 FR 3641), Kenco 8792, February 27, 2007), (73 FR 14840, Pennsylvania Department of VPI, Division of Kenco Group, Inc., 350 March 19, 2008), (73 FR 31510, June 2, Environmental Protection, the South Corporate Place, Chattanooga, 2008). Each of these notices mentions Carolina Department of Health and Tennessee 37419, made application by Nabilone. Environmental Control, the Washington renewal to the Drug Enforcement With regard to the comment’s request State Department of Ecology, the Administration (DEA) to be registered as for clarification of whether Kenco VPI Oklahoma Department of Environmental an importer of Nabilone (7379), a basic imports Nabilone in finished drug Quality, and the Puget Sound Clean Air class of controlled substance listed in product in dosage form or in bulk active Agency have joined in this settlement as schedule II. pharmaceutical ingredient (API) form, signatories to the Consent Decree. The company plans to import the the company imports finished drug The Department of Justice will receive listed controlled substance for products in dosage form only. Kenco for a period of thirty (30) days from the distribution to its customers. VPI does not import Nabilone in bulk date of this publication comments One comment was received active pharmaceutical ingredient (API) relating to the Consent Decree. concerning this application. The form. Since there are no domestic Comments should be addressed to the comment states that DEA added sources of Nabilone in finished drug Assistant Attorney General, Schedule II and the drug code for product form available within the Environment and Natural Resources Nabilone (7379) to Kenco VPI’s importer United States and since the product Division, and either mailed to registration without the benefit of the which Kenco VPI imports has been [email protected] or required legal process for modifying the approved for medical use within the mailed to P.O. Box 7611, U.S. DEA registration. The comment further United States by the U.S. Food and Drug Department of Justice, Washington, DC states that, after Kenco VPI was properly Administration, DEA finds no reason to 20044–7611, and should refer to United registered as an importer of Nabilone on reject Kenco VPI’s application. The

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aggregate national quota for Nabilone Any bulk manufacturer who is Drug Schedule established by DEA will not be affected presently, or is applying to be, by this application of Kenco VPI since registered with DEA to manufacture Marihuana (7360) ...... I the company imports Nabilone in such basic class of controlled substance Tetrahydrocannabinols (7370) ..... I finished drug product form only. may file comments or objections to the Cocaine (9041) ...... I DEA has considered the factors in 21 issuance of the proposed registration The Institute will manufacture small U.S.C. 823(a) and 952(a) and determined and may, at the same time, file a written quantities of cocaine and marihuana that the registration of Kenco VPI to request for a hearing on such derivatives for use by their customers in import the basic class of controlled application pursuant to 21 CFR 1301.43, substance is consistent with the public analytical kits, reagents, and reference and in such form as prescribed by 21 standards as directed by the National interest, and with United States CFR 1316.47. obligations under international treaties, Institute on Drug Abuse. conventions, or protocols in effect on Any such written comments or No comments or objections have been May 1, 1971, at this time. DEA has objections should be addressed, in received. DEA has considered the investigated Kenco VPI to ensure that quintuplicate, to the Drug Enforcement factors in 21 U.S.C. 823(a) and the company’s registration is consistent Administration, Office of Diversion determined that the registration of with the public interest. The Control, Federal Register Representative Research Triangle Institute to investigation has included inspection (ODL), 8701 Morrissette Drive, manufacture the listed basic classes of and testing of the company’s physical Springfield, Virginia 22152; and must be controlled substances is consistent with security systems, verification of the filed no later than March 8, 2010. the public interest at this time. DEA has investigated Research Triangle Institute company’s compliance with state and This procedure is to be conducted to ensure that the company’s local laws, and a review of the simultaneously with, and independent registration is consistent with the public company’s background and history. of, the procedures described in 21 CFR interest. The investigation has included Therefore, pursuant to 21 U.S.C. 952(a) 1301.34(b), (c), (d), (e), and (f). As noted inspection and testing of the company’s and § 958(a), and in accordance with 21 in a previous notice published in the physical security systems, verification CFR 1301.34, the above named company Federal Register on September 23, 1975, is granted registration as an importer of of the company’s compliance with state (40 FR 43745–46), all applicants for and local laws, and a review of the the basic class of controlled substance registration to import a basic class of listed. company’s background and history. any controlled substance in schedule I Therefore, pursuant to 21 U.S.C. 823, Dated: January 29, 2010. or II are, and will continue to be, and in accordance with 21 CFR 1301.33, Joseph T. Rannazzisi, required to demonstrate to the Deputy the above named company is granted Deputy Assistant Administrator, Office of Assistant Administrator, Office of registration as a bulk manufacturer of Diversion Control, Drug Enforcement Diversion Control, Drug Enforcement the basic classes of controlled Administration. Administration, that the requirements substances listed. [FR Doc. 2010–2570 Filed 2–4–10; 8:45 am] for such registration pursuant to 21 Dated: January 25, 2010. BILLING CODE 4410–09–P U.S.C. 958(a), 21 U.S.C. 823(a), and 21 CFR 1301.34(b), (c), (d), (e), and (f) are Joseph T. Rannazzisi, satisfied. Deputy Assistant Administrator, Office of DEPARTMENT OF JUSTICE Diversion Control, Drug Enforcement Dated: January 27, 2010. Administration. Drug Enforcement Administration Joseph T. Rannazzisi, [FR Doc. 2010–2578 Filed 2–4–10; 8:45 am] Deputy Assistant Administrator, Office of BILLING CODE 4410–09–P Importer of Controlled Substances; Diversion Control, Drug Enforcement Notice of Application Administration. [FR Doc. 2010–2575 Filed 2–4–10; 8:45 am] Pursuant to 21 U.S.C. 958(i), the MARINE MAMMAL COMMISSION Attorney General shall, prior to issuing BILLING CODE 4410–09–P a registration under this Section to a Notice of Meeting bulk manufacturer of a controlled substance in schedule I or II, and prior DEPARTMENT OF JUSTICE Time and Date: The Marine Mammal to issuing a regulation under 21 U.S.C. Commission will conduct a review of 952(a)(2), authorizing the importation of Drug Enforcement Administration the potential effects of human activities, such a substance, provide including aquaculture operations, on manufacturers holding registrations for Manufacturer of Controlled harbor seals in Drake’s Estero, Mann the bulk manufacture of the substance Substances Notice of Registration County, California, on 21–24 February an opportunity for a hearing. 2010 from 9 a.m. to approximately 6 Therefore, in accordance with 21 CFR By Notice dated August 21, 2009, and p.m. 1301.34(a), this is notice that on April published in the Federal Register on Place: The Red Barn, Point Reyes 3, 2009, Wildlife Laboratories, 1401 Duff September 8, 2009, (74 FR 46232), National Seashore, I Bear Valley Road, Drive, Suite 400, Fort Collins, Colorado Research Triangle Institute, Kenneth H. Point Reyes Station, CA 94956. 80524, made application by renewal to Davis Jr., Hermann Building, East Status: Sessions on Sunday, February the Drug Enforcement Administration Institute Drive, P.O. Box 12194, 21, and Tuesday and Wednesday, (DEA) to be registered as an importer of Research Triangle, North Carolina February 23–24 will be open to the Etorphine Hydrochloride (9059), a basic 27709, made application by renewal to public. Public participation will be class of controlled substance listed in the Drug Enforcement Administration allowed as time permits and as schedule II. (DEA) to be registered as a bulk determined to be desirable by the The company plans to import the manufacturer of the basic classes of meeting chairperson. There will be no listed controlled substance for sale to its controlled substances listed in public meeting on Monday, February customers. schedules I and II: 22.

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Matters To Be Considered: An Agenda Office of Information Services, (301) independent review panel will meet on Primary Focus of This Meeting— 415–7330, [email protected]. Sunday, February 21, to hear Orientation to the National Science SUPPLEMENTAL INFORMATION: On January presentations on potential sources of Foundation. 11, 2010, the Federal Register published disturbance for harbor seals in Drake’s Monday, March 8, 2010 an NRC notice (75 FR 1418) soliciting Estero. The meeting will adjourn on Opening Statement by the CEOSE Chair. public comment on the NRC’s Monday, February 22, to allow panel Presentations and Discussions: implementation of the Office of members to make a site visit. The panel ✓ Discussion of the CEOSE Congressional Management and Budget’s December 8, will reconvene on Tuesday and Mandate with the General Counsel of the 2009, Open Government Directive. Wednesday, 23–24 February, to National Science Foundation. ✓ Specifically, the Federal Register notice consider and discuss the information A Conversation with the Director of the solicited comments on (1) which high- National Science Foundation. received. Additional information on the ✓ value data sets NRC should publish on review is available on the Commission’s Planning and Implementing Future Mini-Symposia. the data.gov Web site and (2) the Open Web site at http://www.mmc.gov. A ✓ National Science Foundation Government Plan that the NRC is in the meeting agenda will be posted on the Performance and Budget in General. process of developing. The NRC site when it is finalized. ✓ Social, Behavioral, and Economic requested that comments on publication Sciences. of high-value data sets be submitted as FOR FURTHER INFORMATION CONTACT: ✓ Broadening Participation—A National soon as possible, in light of the NRC’s Suzanne Montgomery, Special Assistant Perspective. to the Executive Director, Marine interest in publishing high-value data Mammal Commission, 4340 East-West Tuesday, March 9, 2010 sets by date set forth in the Open Highway, Room 700, Bethesda, MD Opening Statement by the CEOSE Chair. Government Directive (January 22, 20814; 301–504–0087; e-mail: Presentations, Discussions, and Reports: 2010). But the NRC also stated that it ✓ [email protected]. The Mini-Symposium on Women of may decide to publish additional data Color in STEM—A Report. sets after January 22, 2010, and so even Dated: February 1, 2010. ✓ An Overview of the National Science comments submitted too late to be Timothy J. Ragen, Foundation. ✓ considered with respect to this initial Executive Director. CEOSE Recommendations, 1999–2008. ✓ Reports by CEOSE Liaisons to Advisory effort to publish data sets were [FR Doc. 2010–2379 Filed 2–4–10; 8:45 am] Committees of the National Science nonetheless welcome. The NRC also BILLING CODE 6820–31–M Foundation. requested that any comments on the ✓ Review of CEOSE Action Items. Open Government Plan be submitted by ✓ Completion of Unfinished Business. February 10, 2010, and provided Dated: February 2, 2010. options for submitting comments by NATIONAL SCIENCE FOUNDATION Susanne Bolton, mail, fax, or at http:// Committee Management Officer. www.regulations.gov, but also stated Committee on Equal Opportunities in that the forthcoming NRC Open Science and Engineering (CEOSE); [FR Doc. 2010–2499 Filed 2–4–10; 8:45 am] BILLING CODE 7555–01–P Government Web site would provide Notice of Meeting additional opportunities for In accordance with the Federal commenting on the Open Government Advisory Committee Act (Pub. L. 92– NUCLEAR REGULATORY Plan. 463, as amended), the National Science COMMISSION As noted in the January 11, 2010, Foundation announces the following Federal Register notice, and consistent [NRC–2010–0003] meeting: with the Open Government Directive, the NRC’s Open Government Web page Name: Committee on Equal Opportunities Availability of NRC Open Government (http://www.nrc.gov/open) will be in Science and Engineering (1173). Web Site available by February 6, 2010. This Web Dates/Time: March 8, 2010, 8:30 a.m.–5:30 p.m.; March 9, 2010, 8:30 a.m.–2 p.m. AGENCY: Nuclear Regulatory site will provide convenient access at a Place: National Science Foundation (NSF), Commission. single location to NRC open government 4201 Wilson Boulevard, Arlington, VA ACTION: Notice of Availability of Open information, including any public 22230. Government Web site for Online Public comments the NRC has received To help facilitate your access into the Comments. regarding publication of high-value data building, please contact the individual listed sets or the NRC Open Government Plan. below prior to the meeting so that a visitors SUMMARY: This notice, which follows up The Open Government Web site will badge may be prepared for you in advance. on a January 11, 2010 (75 FR 1418), allow for submission of online Type of Meeting: Open. Federal Register notice, informs the comments on publication of high-value Contact Person: Dr. Margaret E.M. Tolbert, public that the Nuclear Regulatory Senior Advisor and CEOSE Executive data sets as well as the NRC’s Open Liaison, Office of Integrative Activities, Commission’s (NRC) Open Government Government Plan, and will also feature National Science Foundation, 4201 Wilson Web site (http://www.nrc.gov/open) will other capabilities and tools for Boulevard, Arlington, VA 22230. be available by February 6, 2010, and providing input and sharing ideas. Telephone Numbers: (703) 292–4216, 703– directs that, after February 10, 2010, any Accordingly, once the comment 292–8040 [email protected]. public comments regarding NRC period announced in the January 11, Minutes: Minutes may be obtained from publication of high-value data sets or 2010, Federal Register notice closes on the Executive Liaison at the above address or the NRC Open Government Plan should February 10, 2010, members of the the Web site at http://www.nsf.gov/od/oia/ be submitted online at this Open public will still be able to submit activities/ceose/index.jsp. Government Web site rather than Purpose of Meeting: To study NSF comments on NRC high-value data set programs and policies and provide advice through mail, fax, or the http:// publication and the NRC Open and recommendations concerning www.regulations.gov Web site. Government Plan by using the NRC’s broadening participation in science and FOR FURTHER INFORMATION CONTACT: Open Government Web site. Because the engineering. James B. Schaeffer, Deputy Director, NRC plans to include on this Open

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Government Web site all public DATES: Submit comments by March 8, have access to ADAMS or if there are comments regarding NRC 2010. Comments submitted after this problems in accessing the documents implementation of the Open date will be considered if it is practical located in ADAMS, contact the NRC’s Government Directive (including any to do so, but assurance of consideration PDR reference staff at 1–800–397–4209, comments submitted by mail, fax, or cannot be given except for comments 301–415–4737, or by e-mail to through the http://www.regulations.gov received on or before this date. [email protected]. The ADAMS Web site in accordance with the January ADDRESSES: Please include Docket ID accession number for the Draft EALFAQ 11, 2010, Federal Register notice), the NRC–2010–0034 in the subject line of is ML100070115. The draft question is NRC requests that, after February 10, your comments. Comments submitted in also available on the NRC Web site at 2010, any comments on NRC writing or in electronic form will be http://www.nrc.gov/about-nrc/emerg- publication of high-value data sets or posted on the NRC Web site and on the preparedness/emerg-action-level- the NRC’s Open Government Plan be Federal rulemaking Web site dev.htm. The ADAMS accession number submitted online at http://www.nrc.gov/ Regulations.gov. Because your for NEI 99–01, Revision 5, open, rather than by using mail, fax, or comments will not be edited to remove ‘‘Methodology for Development of regulations.gov. any identifying or contact information, Emergency Action Levels,’’ is Because any comments submitted on the NRC cautions you against including ML080450149. the NRC’s Open Government Web site any information in your submission that will not be edited to remove any you do not want to be publicly Federal Rulemaking Web site: Public identifying or contact information, the disclosed. comments and supporting materials NRC cautions you against including any The NRC requests that any party related to this notice can be found at information in your submission that you soliciting or aggregating comments http://www.regulations.gov by searching do not want to be publicly disclosed. received from other persons for on Docket ID: NRC–2010–0034. The NRC requests that any party submission to the NRC inform those FOR FURTHER INFORMATION CONTACT: soliciting or aggregating comments Don persons that the NRC will not edit their A. Johnson, Office of Nuclear Security received from other persons for comments to remove any identifying or and Incident Response, Mail Stop T3– submission to the NRC inform those contact information, and therefore, they B46M, U.S. Nuclear Regulatory persons that the NRC will not edit their should not include any information in comments to remove any identifying or their comments that they do not want Commission, Washington, DC 20555– contact information and, therefore, they publicly disclosed. 0001, 301–415–4040 or by e-mail at should not include any information in You may submit comments by any [email protected]. their comments that they do not want one of the following methods: SUPPLEMENTARY INFORMATION: The NRC publicly disclosed. Federal Rulemaking Web site: Go to is requesting comment on this draft Dated at Rockville, Maryland, this 29th day http://www.regulations.gov and search EALFAQ. The NRC has developed this for documents filed under Docket ID of January 2010. pilot program for the staff to provide NRC–2010–0034. Comments may be For the Nuclear Regulatory Commission. clarification of endorsed EAL submitted electronically through this R. William Borchardt, development guidance [ADAMS Executive Director for Operations. Web site. Address questions about NRC dockets to Carol Gallagher 301–492– accession number for the EALFAQ [FR Doc. 2010–2533 Filed 2–4–10; 8:45 am] 3668; e-mail [email protected]. process is ML051950213]. This process BILLING CODE 7590–01–P Mail comments to: Michael T. Lesar, is intended to describe the manner in Chief, Rulemaking and Directives which the NRC may provide interested outside parties an opportunity to share NUCLEAR REGULATORY Branch (RDB), Division of their individual views with NRC staff COMMISSION Administrative Services, Office of Administration, Mail Stop: TWB–05– regarding the appropriate response to B01M, U.S. Nuclear Regulatory questions raised on the interpretation or [NRC–2010–0034] Commission, Washington, DC 20555– applicability of emergency preparedness Draft Emergency Action Level 0001, or by fax to RDB at (301) 492– regulatory guidance issued by the NRC, Frequently Asked Questions; Request 3446. before the NRC issues an official for Comment You can access publicly available response to such questions. documents related to this notice using Dated at Rockville, MD this 21st day of AGENCY: Nuclear Regulatory the following methods: January, 2010. Commission. NRC’s Public Document Room (PDR): For the Nuclear Regulatory Commission. ACTION: Notice of availability and The public may examine and have Kevin Williams, opportunity for public comment. copied for a fee, publicly available documents at the NRC’s PDR, Public Deputy Director (Acting) for Emergency SUMMARY: The U.S. Nuclear Regulatory File Area O–1F21, One White Flint Preparedness, Division of Preparedness and Commission (NRC) is making available North, 11555 Rockville Pike, Rockville, Response, Office of Nuclear Security and for comment an Emergency Action Maryland. Incident Response. Level (EAL) frequently asked question NRC’s Agencywide Documents Access [FR Doc. 2010–2545 Filed 2–4–10; 8:45 am] (FAQ). This EALFAQ will be used to and Management System (ADAMS): BILLING CODE 7590–01–P provide clarification of endorsed Publicly available documents created or Nuclear Energy Institute (NEI) guidance received at the NRC are available related to the development of security electronically at the NRC’s Electronic related EALs. This EALFAQ was Reading Room at http://www.nrc.gov/ developed by the NRC at the request of reading-rm/adams.html. From this page, NEI. The NRC is publishing this the public can gain entry into ADAMS, preliminary result to inform the public which provides text and image files of and solicit comments. NRC’s public documents. If you do not

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NUCLEAR REGULATORY Services, Office of Administration, Nuclear Reactor Regulation, U.S. COMMISSION Mailstop TWB 5B01, U.S. Nuclear Nuclear Regulatory Commission, Mail Regulatory Commission, Washington, Stop O–11F1, Washington, DC 20555– [Docket No. 50–305; NRC–2010–0041] DC 20555–0001. 0001. Ms. Perin may be contacted at the Dominion Energy Kewaunee, Inc.; Electronic comments may be aforementioned telephone number or e- Kewaunee Power Station; Notice of submitted to the NRC by e-mail at mail address. Availability of the Draft Supplement 40 [email protected]. All Dated at Rockville, Maryland, this 29th day to the Generic Environmental Impact comments received by the Commission, of January, 2010. Statement for License Renewal of including those made by Federal, State, For the Nuclear Regulatory Commission. Nuclear Plants and Public Meetings for local agencies, Native American Tribes, Bo M. Pham, or other interested persons, will be the License Renewal of Kewaunee Chief, Projects Branch 1, Division of License Power Station made available electronically at the Renewal, Office of Nuclear Reactor Commission’s PDR in Rockville, Notice is hereby given that the U.S. Regulation. Maryland, and through ADAMS. [FR Doc. 2010–2552 Filed 2–4–10; 8:45 am] Nuclear Regulatory Commission (NRC The NRC staff will hold a public BILLING CODE 7590–01–P or Commission) has published a draft meeting to present an overview of the plant-specific supplement to the draft plant-specific supplement to the Generic Environmental Impact GEIS and to accept public comments on Statement for License Renewal of NUCLEAR REGULATORY the document. The public meeting will COMMISSION Nuclear Plants (GEIS), NUREG–1437, be held on March 24, 2010, at the City regarding the renewal of Operating of Carlton Town Hall, N1296 Town Hall [NRC–2009–0364] License No. DPR–43 for an additional 20 Road, Kewaunee, WI 54216. There will Extension of Public Comment Period years of operation for Kewaunee Power be two sessions to accommodate on the Draft Environmental Impact Station (KPS). KPS is located in interested parties. The first session will Statement for the Moore Ranch In-Situ Kewaunee County, Wisconsin, on the convene at 1:30 p.m. and will continue Recovery Project in Campbell County, west-central shore of Lake Michigan. until 4:30 p.m., as necessary. The WY; Supplement to the Generic Possible alternatives to the proposed second session will convene at 7 p.m. Environmental Impact Statement for In- action (license renewal) include no and will continue until 10 p.m., as Situ Leach Uranium Milling Facilities action and reasonable alternative energy necessary. Both meetings will be sources. transcribed and will include: (1) A AGENCY: The draft Supplement 40 to the GEIS Nuclear Regulatory presentation of the contents of the draft is publicly available at the NRC Public Commission (NRC). plant-specific supplement to the GEIS, Document Room (PDR), located at One ACTION: Extension of Public Comment and (2) the opportunity for interested White Flint North, 11555 Rockville Period. government agencies, organizations, and Pike, Rockville, Maryland 20852, or individuals to provide comments on the SUMMARY: This notice revises a notice from the NRC’s Agencywide Documents draft report. Additionally, the NRC staff published on Friday, December 11, Access and Management System will host informal discussions one hour 2009, in the Federal Register (74 FR (ADAMS). The ADAMS Public 65806), which announced, in part, that Electronic Reading Room is accessible at prior to the start of each session at the the public comment period for the http://adamswebsearch.nrc.gov/ same location. No comments on the NRC’s Draft Supplemental dologin.htm. The Accession Number for draft supplement to the GEIS will be Environmental Impact Statement (Draft the draft Supplement 40 to the GEIS is accepted during the informal SEIS) for the Moore Ranch In-Situ ML100240002. Persons who do not have discussions. To be considered, Recovery (ISR) Project closes on access to ADAMS, or who encounter comments must be provided either at February 1, 2010. The purpose of this problems in accessing the documents the transcribed public meeting or in notice is to extend the public comment located in ADAMS, should contact the writing. Persons may pre-register to NRC’s PDR reference staff by telephone attend or present oral comments at the period on the Draft SEIS for the Moore at 1–800–397–4209, or 301–415–4737, meeting by contacting Ms. Vanice Perin, Ranch ISR Project to March 3, 2010. or by e-mail at [email protected]. In the NRC Environmental Project Manager DATES: Members of the public have been addition, a copy of the draft supplement at 1–800–368–5642, extension 8143, or submitting written comments on the to the GEIS is available to local by e-mail at [email protected], no Draft SEIS for the Moore Ranch ISR residents near the site at the Kewaunee later than Tuesday, March 16, 2010. Project since the initial notice of Public Library, 822 Juneau Street, Members of the public may also register availability was published on December Kewaunee, Wisconsin 54216. to provide oral comments within 15 11, 2009 (74 FR 65806). In response to Any interested party may submit minutes of the start of each session. multiple requests received in writing, comments on the draft supplement to Individual, oral comments may be the comment period on the Draft SEIS the GEIS for consideration by the NRC limited by the time available, depending is being extended to March 3, 2010. The staff. To be considered, comments on on the number of persons who register. NRC will consider comments received the draft supplement to the GEIS and If special equipment or accommodations or postmarked after that date to the the proposed action must be received by are needed to attend or present extent practical. Written comments April 23, 2010; the NRC staff is able to information at the public meeting, the should be submitted as described in the ensure consideration only for comments need should be brought to Ms. Perin’s ADDRESSES section of this notice. received on or before this date. attention no later than March 16, 2010, ADDRESSES: You may submit comments Comments received after the due date to provide the NRC staff adequate notice by any one of the following methods. will be considered only if it is practical to determine whether the request can be Please include Docket ID NRC–2009– to do so. Written comments on the draft accommodated. 0364 in the subject line of your supplement to the GEIS should be sent FOR FURTHER INFORMATION CONTACT: Ms. comments. Comments submitted in to: Chief, Rulemaking and Directives Vanice Perin, Projects Branch 1, writing or in electronic form will be Branch, Division of Administrative Division of License Renewal, Office of posted on the NRC Web site and on the

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Federal rulemaking Web site http:// indicating (1) the original comment Dated at Rockville, Maryland, this 1st day www.regulations.gov. Because your period for the Draft SEIS included of February, 2010. comments will not be edited to remove multiple Federal holidays, and (2) the For the Nuclear Regulatory Commission. any identifying or contact information, Draft SEIS for the Moore Ranch ISR Patrice M. Bubar, the NRC cautions you against including Project was published concurrently with Deputy Director, Environmental Protection any information in your submission that two additional NRC Draft SEISs (the and Performance Assessment Directorate, you do not want to be publicly Lost Creek ISR Project in Sweetwater Division of Waste Management and disclosed. County, Wyoming, and the Nichols Environmental Protection, Office of Federal The NRC requests that any party Ranch ISR Project in Campbell and and State Materials and Environmental soliciting or aggregating comments Johnson Counties, Wyoming). Management Programs. received from other persons for Following the end of the public [FR Doc. 2010–2528 Filed 2–4–10; 8:45 am] submission to the NRC inform those comment period, the NRC staff will BILLING CODE 7590–01–P persons that the NRC will not edit their publish a Final SEIS for the Moore comments to remove any identifying or Ranch ISR Project that addresses, as NUCLEAR REGULATORY contact information, and therefore, they appropriate, the public comments on COMMISSION should not include any information in the Draft SEIS. their comments that they do not want II. Further Information [NRC–2008–0339] publicly disclosed. Federal Rulemaking Web site: Go to Publicly available documents related Extension of Public Comment Period http://www.regulations.gov and search to this notice can be accessed using the on the Draft Environmental Impact for documents filed under Docket ID following methods: Statement for the Nichols Ranch In- NRC–2009–0364. Comments may be NRC’s Public Document Room (PDR): Situ Recovery Project in Campbell and submitted electronically through this The public may examine and have Johnson Counties, WY; Supplement to Web site. Address questions about NRC copied, for a fee, publicly available the Generic Environmental Impact dockets to Carol Gallagher at 301–492– documents at the NRC’s PDR, Public Statement for In-Situ Leach Uranium File Area O1 F21, One White Flint 3668, or e-mail at Milling Facilities North, 11555 Rockville Pike, Rockville, [email protected]. AGENCY: Nuclear Regulatory Mail comments to: Michael T. Lesar, Maryland. NRC’s Agencywide Documents Access Commission (NRC). Chief, Rulemaking and Directives and Management System (ADAMS): ACTION: Extension of Public Comment Branch (RDB), Division of Publicly available documents created or Period. Administrative Services, Office of received at the NRC are available Administration, Mail Stop: TWB–05– electronically at the NRC’s Electronic SUMMARY: This notice revises a notice B01M, U.S. Nuclear Regulatory Reading Room at http://www.nrc.gov/ published on Friday, December 11, Commission, Washington, DC 20555– reading-rm/adams.html. From this page, 2009, in the Federal Register (74 FR 0001, or by fax to RDB at (301) 492– the public can gain entry into ADAMS, 65808), which announced, in part, that 3446. You may also send comments which provides text and image files of the public comment period for the electronically to NRC’s public documents. If you do not NRC’s Draft Supplemental [email protected]. have access to ADAMS or if there are Environmental Impact Statement (Draft FOR FURTHER INFORMATION CONTACT: For problems in accessing the documents SEIS) for the Nichols Ranch In-Situ general information on the NRC’s NEPA located in ADAMS, contact the NRC’s Recovery (ISR) Project closes on process, or the environmental review PDR reference staff at 1–800–397–4209, February 1, 2010. The purpose of this process related to the Draft SEIS, please (301) 415–4737, or by e-mail to notice is to extend the public comment contact Behram Shroff, Project Manager, [email protected]. The period on the Draft SEIS for the Nichols Environmental Review Branch, Division ‘‘Environmental Impact Statement for Ranch ISR Project to March 3, 2010. of Waste Management and the Moore Ranch ISR Project in DATES: Members of the public have been Environmental Protection (DWMEP), Campbell County, Wyoming— submitting written comments on the Mail Stop T–8F5, U.S. Nuclear Supplement to the Generic Draft SEIS for the Nichols Ranch ISR Regulatory Commission, Washington, Environmental Impact Statement for In- Project since the initial notice of DC 20555–0001, by phone at 1 (800) Situ Leach Uranium Milling Facilities’’ availability was published on December 368–5642, extension 0666. For general is available electronically under 11, 2009 (74 FR 65808). In response to or technical information associated with ADAMS Accession Number multiple requests received in writing, the safety and licensing of uranium ML093350050. the comment period on the Draft SEIS milling facilities, please contact Stephen The Draft SEIS for the Moore Ranch is being extended to March 3, 2010. The Cohen, Team Lead, Uranium Recovery ISR Project also may be accessed on the NRC will consider comments received Branch, DWMEP, Mail Stop T–8F5, U.S. internet at http://www.nrc.gov/reading- or postmarked after that date to the Nuclear Regulatory Commission, rm/doc-collections/nuregs/staff/ by extent practical. Written comments Washington, DC 20555–0001, by phone selecting ‘‘NUREG–1910.’’ The Draft should be submitted as described in the at 1 (800) 368–5642, extension 7182. SEIS will be Supplement 1 to NUREG– ADDRESSES section of this notice. SUPPLEMENTARY INFORMATION: 1910. To facilitate review, links to ADDRESSES: You may submit comments NEPA documents developed by other by any one of the following methods. I. Introduction federal agencies that were referenced in Please include Docket ID NRC–2008– As stated previously, in response to the Draft SEIS will be provided at the 0339 in the subject line of your several requests during the public aforementioned internet address. comments. Comments submitted in comment period, the NRC is extending Additionally, a copy of the Draft SEIS writing or in electronic form will be the Draft SEIS comment period close will be available at the following public posted on the NRC Web site and on the date from February 1, 2010, to March 3, library: Campbell County Public Federal rulemaking Web site http:// 2010. The comment period extension is Library, 2101 South 4J Road, Gillette, www.regulations.gov. Because your in response to public comments Wyoming 82718, 307–687–0009. comments will not be edited to remove

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any identifying or contact information, Draft SEIS for the Nichols Ranch ISR Johnson County Library, 171 North the NRC cautions you against including Project was published concurrently with Adams Avenue, Buffalo, Wyoming any information in your submission that two additional NRC Draft SEISs (the 82834, 307–684–5546. you do not want to be publicly Lost Creek ISR Project in Sweetwater Dated at Rockville, Maryland, this 1st day disclosed. County, Wyoming, and the Moore of February, 2010. The NRC requests that any party Ranch ISR Project in Campbell County, For the Nuclear Regulatory Commission. soliciting or aggregating comments Wyoming). Patrice M. Bubar, received from other persons for Following the end of the public submission to the NRC inform those Deputy Director, Environmental Protection comment period, the NRC staff will and Performance Assessment Directorate, persons that the NRC will not edit their publish a Final SEIS for the Nichols Division of Waste Management and comments to remove any identifying or Ranch ISR Project that addresses, as Environmental Protection, Office of Federal contact information, and therefore, they appropriate, the public comments on and State Materials and Environmental should not include any information in the Draft SEIS. Management Programs. their comments that they do not want [FR Doc. 2010–2529 Filed 2–4–10; 8:45 am] II. Further Information publicly disclosed. BILLING CODE 7590–01–P Federal Rulemaking Web site: Go to Publicly available documents related http://www.regulations.gov and search to this notice can be accessed using the for documents filed under Docket ID following methods: NUCLEAR REGULATORY NRC–2008–0339. Comments may be COMMISSION submitted electronically through this NRC’s Public Document Room (PDR): Web site. Address questions about NRC The public may examine and have [Docket No. 40–1162; NRC–2010–0038] copied, for a fee, publicly available dockets to Carol Gallagher at 301–492– Notice of Availability of Environmental 3668, or e-mail at documents at the NRC’s PDR, Public File Area O1 F21, One White Flint Assessment and Finding of No [email protected]. Significant Impact for License Mail comments to: Michael T. Lesar, North, 11555 Rockville Pike, Rockville, Amendment for Revised Groundwater Chief, Rulemaking and Directives Maryland. Protection Standards, Western Branch (RDB), Division of NRC’s Agencywide Documents Access Nuclear, Inc., Jeffrey City, WY Administrative Services, Office of and Management System (ADAMS): Administration, Mail Stop: TWB–05– Publicly available documents created or AGENCY: Nuclear Regulatory B01M, U.S. Nuclear Regulatory received at the NRC are available Commission. electronically at the NRC’s Electronic Commission, Washington, DC 20555– ACTION: Notice of availability. 0001, or by fax to RDB at (301) 492– Reading Room at http://www.nrc.gov/ reading-rm/adams.html. From this page, 3446. You may also send comments FOR FURTHER INFORMATION CONTACT: the public can gain entry into ADAMS, electronically to Richard Chang, Project Manager, Special which provides text and image files of [email protected]. Projects Branch, Division of Waste NRC’s public documents. If you do not FOR FURTHER INFORMATION CONTACT: Management and Environmental For have access to ADAMS or if there are Protection, Office of Federal and State general information on the NRC’s NEPA problems in accessing the documents Materials and Environmental process, or the environmental review located in ADAMS, contact the NRC’s Management Programs, U.S. Nuclear process related to the Draft SEIS, please PDR reference staff at 1–800–397–4209, Regulatory Commission, Washington, contact Irene Yu, Project Manager, 301–415–4737, or by e-mail to DC 20555–0001. Telephone: (301) 415– Environmental Review Branch, Division [email protected]. The 7188; fax number: (301) 415–5369; e- of Waste Management and ‘‘Environmental Impact Statement for mail: [email protected]. Environmental Protection (DWMEP), the Nichols Ranch ISR Project in Mail Stop T–8F5, U.S. Nuclear Campbell and Johnson Counties, SUPPLEMENTARY INFORMATION: Regulatory Commission, Washington, Wyoming—Supplement to the Generic I. Introduction DC, 20555–001, by phone at 1 (800) Environmental Impact Statement for In- 368–5642, extension 1951. For general Situ Leach Uranium Milling Facilities’’ The U.S. Nuclear Regulatory or technical information associated with is available electronically under Commission (NRC) is considering the safety and licensing of uranium ADAMS Accession Number issuing a license amendment to milling facilities, please contact Stephen ML093340536. Materials License No. SUA–56, held by Cohen, Team Lead, Uranium Recovery Western Nuclear, Inc. (WNI), to Branch, DWMEP, Mail Stop T–8F5, U.S. The Draft SEIS for the Nichols Ranch authorize revised groundwater Nuclear Regulatory Commission, ISR Project also may be accessed on the protection standards for its facility near Washington, DC 20555–0001, by phone internet at http://www.nrc.gov/reading- Jeffrey City, Wyoming. On June 19, at 1 (800) 368–5642, extension 7182. rm/doc-collections/nuregs/staff/ by 1981, WNI announced that the facility selecting ‘‘NUREG–1910.’’ The Draft SUPPLEMENTARY INFORMATION: would be placed on standby because of SEIS will be Supplement 2 to NUREG– a diminishing demand for the ore and I. Introduction 1910. To facilitate review, links to because of depressed uranium prices. As stated previously, in response to NEPA documents developed by other The facility remained on standby until several requests during the public Federal agencies that were referenced in 1986 when the NRC staff amended the comment period, the NRC is extending the Draft SEIS will be provided at the license to terminate the use of the the Draft SEIS comment period close aforementioned internet address. tailings impoundments for disposal, and date from February 1, 2010, to March 3, Additionally, a copy of the Draft SEIS WNI was required to submit a tailings 2010. The comment period extension is will be available at the following public reclamation plan. On December 1, 2008, in response to public comments libraries: as supplemented by a February 7, 2009, indicating (1) the original comment Campbell County Public Library, 2101 submittal, WNI submitted a license period for the Draft SEIS included South 4J Road, Gillette, Wyoming amendment request for revised multiple Federal holidays, and (2) the 82718, 307–687–0009. groundwater protection standards. On

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March 9, 2009, WNI submitted an levels for licensee action at the point of surface water, endangered and additional amendment request for exposure be set at background levels, threatened species, historic and cultural groundwater protection standards for specifically 0.087 mg/L for the Split resources, socioeconomic conditions, other constituents. NRC staff sent a Rock aquifer and 0.044 mg/L for the and transportation. request for additional information on flood-plain aquifer. The request April 1, 2009, which WNI responded to excludes one well (Well SWAB–32), III. Finding of No Significant Impact on June 16, 2009. NRC has prepared an where the existing standard will not On the basis of the EA, NRC has Environmental Assessment (EA) in change. concluded that there are no significant The NRC staff has prepared the EA in support of this amendment request in environmental impacts from the support of the proposed license accordance with the requirements of 10 proposed amendment and has CFR part 51. Based on the EA, the NRC amendment. The NRC staff considered determined that there is no need to has concluded that a Finding of No impacts to groundwater, surface water, prepare an environmental impact Significant Impact is appropriate. The endangered and threatened species, statement. amendment will be issued following the historic and cultural resources, publication of this Notice. socioeconomic conditions, and IV. Further Information transportation. This EA references II. EA Summary previously approved ACLs, which were Documents related to this action, The purpose of the proposed granted in 2006. The site currently has including the application for amendment is to authorize revised institutional controls in place limiting amendment and supporting groundwater protection standards for the domestic use of groundwater within documentation, are available the site. Specifically, WNI has requested the proposed long-term surveillance electronically at the NRC’s Electronic that an alternate concentration limit boundary. Because WNI is requesting a Reading Room at http://www.nrc.gov/ (ACL) be set for selenium at the point standard for selenium values at the reading-rm/adams.html. From this site, of compliance wells equal to 0.05 mg/ points of compliance equal to EPA’s you can access the NRC’s Agencywide L. This requested selenium value is MCL and the trigger levels for licensee Documents Access and Management equal to the U.S. Environmental action at the point of exposure for System (ADAMS), which provides text Protection Agency’s (EPA’s) maximum natural uranium at background levels, and image files of NRC’s public contaminant level (MCL) for selenium the staff does not expect the proposed documents. The ADAMS accession in drinking water. WNI has also action to significantly impact the numbers for the documents related to requested that natural uranium trigger following resource areas: groundwater, this notice are:

Document title Date Accession No.

Split Rock Uranium Mill Tailings Facility Proposed Amendments to LC 74 ...... December 1, 2008 ..... ML083380453 License Amendment Request for Western Nuclear, Inc., Source Materials License SUA–56 ...... February 7, 2009 ...... ML090430285 License Amendment Request for Western Nuclear, Inc., Source Materials License SUA–56 ...... March 9, 2009 ...... ML090750922 Request For Additional Information—Amendments To License Condition 74, Materials License SUA– April 1, 2009 ...... ML090820330 56, Western Nuclear Inc., Split Rock Site, Jeffrey City, Wyoming. Request for Additional Information—Amendments to L.C. 74, Materials License SUA056, Western Nu- June 16, 2009 ...... ML091680563 clear Inc., Split Rock Site. Final Environmental Assessment ...... January 28, 2010 ...... ML092780271

If you do not have access to ADAMS For the Nuclear Regulatory Commission. NUCLEAR REGULATORY or if there are problems in accessing the Keith I. McConnell, COMMISSION documents located in ADAMS, contact Deputy Director, Decommissioning and [NRC–2008–0391] the NRC’s Public Document Room (PDR) Uranium Recovery Licensing Directorate, Reference staff at 1–800–397–4209, 301– Division of Waste Management and Extension of Public Comment Period 415–4737, or by e-mail to Environmental Protection, Office of Federal on the Draft Environmental Impact [email protected]. and State Materials and Environmental Statement for the Lost Creek In-Situ Management Programs. These documents may also be viewed Recovery Project in Sweetwater [FR Doc. 2010–2548 Filed 2–4–10; 8:45 am] electronically on the public computers County, WY; Supplement to the located at the NRC’s PDR, O1 F21, One BILLING CODE 7590–01–P Generic Environmental Impact Statement for In-Situ Leach Uranium White Flint North, 11555 Rockville Milling Facilities Pike, Rockville, MD 20852. The PDR reproduction contractor will copy AGENCY: Nuclear Regulatory documents for a fee. Commission (NRC). Dated at Rockville, Maryland, this 28th day ACTION: Extension of Public Comment of January, 2010. Period. SUMMARY: This notice revises a notice published on Friday, December 11, 2009, in the Federal Register (74 FR 65804), which announced, in part, that the public comment period for the NRC’s Draft Environmental Impact Statement (Draft SEIS) for the Lost Creek

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In-Situ Recovery (ISR) Project closes on contact Alan B. Bjornsen, Project 301–415–4737, or by e-mail to February 1, 2010. The purpose of this Manager, Environmental Review [email protected]. The notice is to extend the public comment Branch, Division of Waste Management ‘‘Environmental Impact Statement for period on the Draft SEIS for the Lost and Environmental Protection the Lost Creek ISR Project in Creek ISR Project to March 3, 2010. (DWMEP), Mail Stop T–8F5, U.S. Sweetwater County, Wyoming— DATES: Members of the public have been Nuclear Regulatory Commission, Supplement to the Generic submitting written comments on the Washington, DC 20555–0001, by phone Environmental Impact Statement for In- Draft SEIS for the Lost Creek ISR Project at 1 (800) 368–5642, extension 1195. For Situ Leach Uranium Milling Facilities’’ since the initial notice of availability general or technical information is available electronically under was published on December 11, 2009 associated with the safety and licensing ADAMS Accession Number (74 FR 65804). In response to multiple of uranium milling facilities, please ML093350051. requests received in writing, the contact Stephen Cohen, Team Lead, The Draft SEIS for the Lost Creek ISR comment period on the Draft SEIS is Uranium Recovery Branch, DWMEP, Project also may be accessed on the being extended to March 3, 2010. The Mail Stop T–8F5, U.S. Nuclear Internet at NRC will consider comments received Regulatory Commission, Washington, http://www.nrc.gov/reading-rm/doc- or postmarked after that date to the DC 20555–0001, by phone at 1 (800) collections/nuregs/staff/ by selecting extent practical. Written comments 368–5642, extension 7182. ‘‘NUREG–1910.’’ The Draft SEIS will be should be submitted as described in the SUPPLEMENTARY INFORMATION: Supplement 3 to NUREG–1910. To facilitate review, links to NEPA ADDRESSES section of this notice. I. Introduction ADDRESSES: You may submit comments documents developed by other federal by any one of the following methods. As stated previously, in response to agencies that were referenced in the Please include Docket ID NRC–2008– several requests during the public Draft SEIS, will be provided at the 0391 in the subject line of your comment period, the NRC is extending aforementioned internet address. comments. Comments submitted in the Draft SEIS comment period close Additionally, a copy of the Draft SEIS writing or in electronic form will be date from February 1, 2010, to March 3, will be available at the following public posted on the NRC Web site and on the 2010. The comment period extension is libraries: Federal rulemaking Web site http:// in response to public comments Sweetwater County Library, 300 North www.regulations.gov. Because your indicating (1) the original comment 1st Street East, Green River, Wyoming comments will not be edited to remove period for the Draft SEIS included 82935, 307–875–8615. any identifying or contact information, multiple Federal holidays, and (2) the Rock Springs Branch Library, 400 C Draft SEIS for the Lost Creek ISR Project the NRC cautions you against including Street, Rock Springs, Wyoming 82901, was published concurrently with two any information in your submission that 307–352–6667. additional NRC Draft SEISs (the Nichols you do not want to be publicly Ranch ISR Project in Campbell and Dated at Rockville, Maryland, this 1st day disclosed. of February, 2010. Johnson Counties, Wyoming, and the The NRC requests that any party For the Nuclear Regulatory Commission. Moore Ranch ISR Project in Campbell soliciting or aggregating comments Patrice M. Bubar, received from other persons for County, Wyoming). Following the end of the public Deputy Director, Environmental Protection submission to the NRC inform those comment period, the NRC staff will and Performance Assessment Directorate, persons that the NRC will not edit their publish a Final SEIS for the Lost Creek Division of Waste Management and comments to remove any identifying or Environmental Protection, Office of Federal ISR Project that addresses, as contact information, and therefore, they and State Materials and Environmental appropriate, the public comments on should not include any information in Management Programs. the Draft SEIS. their comments that they do not want [FR Doc. 2010–2530 Filed 2–4–10; 8:45 am] publicly disclosed. II. Further Information BILLING CODE 7590–01–P Federal Rulemaking Web site: Go to Publicly available documents related http://www.regulations.gov and search to this notice can be accessed using the for documents filed under Docket ID NUCLEAR REGULATORY following methods: COMMISSION NRC–2008–0391. Comments may be NRC’s Public Document Room (PDR): submitted electronically through this The public may examine and have [Docket No. 70–1374–MLR; ASLBP No. 10– Web site. Address questions about NRC copied, for a fee, publicly available 897–01–MLR–BD01] dockets to Carol Gallagher at 301–492– documents at the NRC’s PDR, Public 3668, or e-mail at File Area O1 F21, One White Flint Idaho State University; Establishment [email protected]. North, 11555 Rockville Pike, Rockville, of Atomic Safety and Licensing Board Mail comments to: Michael T. Lesar, Maryland. Pursuant to delegation by the Chief, Rulemaking and Directives NRC’s Agencywide Documents Access Commission dated December 29, 1972, Branch (RDB), Division of and Management System (ADAMS): published in the Federal Register, 37 FR Administrative Services, Office of Publicly available documents created or 28,710 (1972), and the Commission’s Administration, Mail Stop: TWB–05– received at the NRC are available regulations, see 10 CFR 2.104, 2.105, B01M, U.S. Nuclear Regulatory electronically at the NRC’s Electronic 2.300, 2.313, 2.318, and 2.321, notice is Commission, Washington, DC 20555– Reading Room at http://www.nrc.gov/ hereby given that an Atomic Safety and 0001, or by fax to RDB at (301) 492– reading-rm/adams.html. From this page, Licensing Board (Board) is being 3446. You may also send comments the public can gain entry into ADAMS, established to preside over the following electronically to which provides text and image files of proceeding: [email protected]. NRC’s public documents. If you do not FOR FURTHER INFORMATION CONTACT: For have access to ADAMS or if there are Idaho State University general information on the NRC’s NEPA problems in accessing the documents This proceeding concerns a Petition to process, or the environmental review located in ADAMS, contact the NRC’s Intervene submitted by Dr. Kevan process related to the Draft SEIS, please PDR reference staff at 1–800–397–4209, Crawford in response to a Federal

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Register Notice published on November draft document (DS379) submitted for (ICRP) contained in ICRP Publication 13, 2009 (74 FR 58,656), which Member State review by the IAEA. 103, published in late 2007. provided an opportunity for hearing DATES: The public meeting will be held On January 28, 2010, the IAEA posted with respect to a revised application in Rockville, Maryland on February 26, a draft revision of the BSS for comment from Idaho State University requesting 2010, from 9:30 a.m. to 4:30 p.m. at: The by each of the member states of the renewal of its Special Nuclear Materials Nuclear Regulatory Commission, Two IAEA. The draft (DS379) is available for License. White Flint Auditorium, 11555 viewing and downloading on the The Board is comprised of the Rockville Pike, Rockville, MD 20852, Internet at: http://www-ns.iaea.org/ following administrative judges: (301) 415–7000. Those members of the standards/documents/draft-ms- Alan S. Rosenthal, Chair, Atomic Safety public unable to travel to the meeting posted.asp. Several other International Organizations, including the World and Licensing Board Panel, U.S. location but still wishing to attend the Health Organization and the Nuclear Regulatory Commission, public meeting may attend by phone. International Labor Organization, are Washington, DC 20555–0001; The bridge line to call is (877) 917–4910 also providing the draft to their Member Nicholas G. Trikouros, Atomic Safety and the pass code is 6463211. and Licensing Board Panel, U.S. States for comment. The United States The final agenda for the public is a Member State of each of these Nuclear Regulatory Commission, meeting will be noticed no fewer than Washington, DC 20555–0001; International Organizations, and the ten (10) days prior to the meeting on U.S. Government will be developing Jeffrey D.E. Jeffries, Atomic Safety and NRC’s electronic public meeting Licensing Board Panel, U.S. Nuclear coordinated comments on the draft schedule at http://www.nrc.gov/public- revision. Regulatory Commission, Washington, involve/public-meetings/index.cfm. The BSS provides requirements for DC 20555–0001. Attendees should allow sufficient time the wide range of radiation protection All correspondence, documents, and for building access and security situations which may exist. The draft other materials shall be filed in requirements. report organizes these requirements into accordance with the NRC E-filing rule, Questions about participation in the three principle exposure situations, which the NRC promulgated in August public meeting should be directed to the namely: Planned exposure situations, in 2007 (72 FR 49139). facilitator listed in the ADDRESSES which an activity that may cause Issued at Rockville, Maryland, this 1st day Section. Members of the public radiation exposure can be planned in of February 2010. planning to attend the public meeting, advance, and appropriate controls put E. Roy Hawkens, whether in person or by phone are into place; emergency exposure Chief Administrative Judge, Atomic Safety invited to RSVP at least ten (10) days situations, that arises as a result of an and Licensing Board Panel. prior to the meeting and should be accident, a malicious act, or any other [FR Doc. 2010–2553 Filed 2–4–10; 8:45 am] directed to the points of contact listed unexpected event, and requires prompt in the FOR FURTHER INFORMATION BILLING CODE 7590–01–P action in order to avoid or reduce CONTACT Section. Please specify in your adverse consequences; and existing RSVP whether you will be attending the exposure situations, in which the NUCLEAR REGULATORY meeting in person or by phone. circumstances causing exposure already COMMISSION ADDRESSES: Questions regarding the exist when a decision on the need for participation in the public meeting control has to be taken (such as radon [NRC–2010–0039] should be submitted to the facilitator, in homes). The requirements in the Francis Cameron, by mail to Mail Stop existing BSS, and those contained in the Notice of Public Meeting on the O16–E15, U.S. Nuclear Regulatory draft cover areas which may be under International Atomic Energy Agency Commission, Washington, DC 20555– the jurisdiction of the NRC, or may be Basic Safety Standards Version 3.0, 0001, by telephone at (301) 415–1006, or part of programs under other Federal Draft Safety Requirements DS379 by e-mail at [email protected]. Agencies, including the Environmental Protection Agency, the Department of FOR FURTHER INFORMATION CONTACT: AGENCY: Nuclear Regulatory Ms. Health and Human Services, the Commission. Monica Orendi, telephone (301) 415– Department of Labor, and the 3938, e-mail, [email protected], ACTION: Notice of Public Meeting on the Department of Energy, or may be under or Dr. Donald Cool, telephone (301) International Atomic Energy Agency the jurisdiction of various State 415–6347, e-mail, [email protected] Basic Safety Standards Version 3.0, Agencies. of the Office of Federal and State Draft Safety Requirements, DS379. Many Member States of the IAEA will Materials and Environmental utilize the BSS as one basis for the SUMMARY: The Interagency Steering Management Programs, U.S. Nuclear regulations for radiation safety in their Committee on Radiation Standards Regulatory Commission, Washington, countries. Adherence to the provisions (ISCORS) is hosting an open forum with DC 20555–0001. of the BSS is mandated for IAEA’s own the public and other stakeholders on a SUPPLEMENTARY INFORMATION: conduct, and any uses of radiation or revision to the International Basic Safety radioactive material where the IAEA is Background Standards for Protection Against providing technical assistance and Ionizing Radiation and the Safety of The IAEA periodically revised its support to the Member State. Users of Radiation Sources (BSS). The forum is Basic Safety Standards to reflect new radiation and radioactive materials from expected to yield information useful to information and accumulated the United States who may do business inform the development of U.S. experience. The current version was in these countries may therefore be Government comments on this published in 1996 (http://www- particularly interested in this draft International Atomic Energy Agency pub.iaea.org/MTCD/publications/PDF/ version. The United States does not (IAEA) draft General Safety ss-115-web/Pub996_web-1a.pdf). The directly adopt IAEA standards, but may Requirement. The forum will be held on revision now underway is based on the consider such standards as a useful February 26, 2010 in Rockville, MD. The recommendations of the International point of reference in the development of proposed changes are contained in a Commission on Radiological Protection proposals under the Administrative

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Procedure Act for changes to regulations members agencies, believe that is The Commission had previously or guidance in the United States. There important to provide an opportunity for issued a Notice of Consideration of are many areas in which the existing the public to express their views on the Issuance of Amendment published in BSS and the draft BSS available for BSS through this forum. Comments the Federal Register on May 5, 2009 (74 comment are known to differ from the submitted by Member States, including FR 20744). However, by letter dated current provisions in the regulations of the United States, will be available on January 19, 2010, the licensee withdrew various Federal and State agencies in the IAEA web site. Note that future the proposed change. the United States. Thus, views domestic rulemakings, if appropriate, For further details with respect to this expressed on the IAEA draft BSS are not will continue to follow established action, see the application for considered as comments on any current rulemaking procedures, including the amendment dated August 7, 2008, and or possible future regulation activity, opportunity to formally comment on the licensee’s letter dated January 19, but are useful to assist the international proposed rules. 2010, which withdrew the application community in developing a logical, Dated at Rockville, Maryland, this 28th day for license amendment. Documents may scientifically based set of requirements. of January, 2010. be examined, and/or copied for a fee, at Furthermore, the IAEA BSS can serve as For the Nuclear Regulatory Commission. the NRC’s Public Document Room one possible point of reference in the Robert J. Lewis, (PDR), located at One White Flint North, ongoing consideration by various U.S. Director, Division of Material Safety and State Public File Area O1 F21, 11555 Agencies of possible regulatory options Agreements, Office of Federal and State Rockville Pike (first floor), Rockville, which may or may not result in a greater Materials, and Environmental Management Maryland. Publicly available records degree of alignment with international Programs. will be accessible electronically from radiation protection recommendations, [FR Doc. 2010–2547 Filed 2–4–10; 8:45 am] the Agencywide Documents Access and such as those in ICRP Publication 103. BILLING CODE 7590–01–P Management System (ADAMS) Public ISCORS is a Committee of Federal Electronic Reading Room on the internet Agencies intended to foster early at the NRC Web site, http:// resolution and coordination of NUCLEAR REGULATORY www.nrc.gov/reading-rm/adams.html. regulatory issues associated with COMMISSION Persons who do not have access to radiation standards and guidelines. ADAMS or who encounter problems in Federal Agencies who are members of [Docket Nos. 50–277 and 50–278; NRC– 2010–0042] accessing the documents located in ISCORS include the U.S. Environmental ADAMS should contact the NRC PDR Protection Agency, the U.S. Nuclear Exelon Generation Company, LLC; Reference staff by telephone at 1–800– Regulatory Commission, the U.S. PSEG Nuclear, LLC; Peach Bottom 397–4209, or 301–415–4737 or by e-mail Department of Energy, the U.S. Atomic Power Station Units 2 and 3; to [email protected]. Department of Defense, the U.S. Notice of Withdrawal of Application for Department of Homeland Security, the Dated at Rockville, Maryland, this 29th day Amendment to Facility Operating of January 2010. U.S. Department of Transportation, the License Occupational Safety and Health For the Nuclear Regulatory Commission. Administration of the U.S. Department The U.S. Nuclear Regulatory John D. Hughey, of Labor, and the U.S. Department of Commission (the Commission) has Project Manager, Plant Licensing Branch Health and Human Services. The Office granted the request of Exelon LPL1–2, Division of Operating Reactor of Science and Technology Policy, and Generation Company, LLC, (Exelon) and Licensing, Office of Nuclear Reactor the Office of Management and Budget PSEG Nuclear, LLC, to withdraw the Regulation. are observers to the Committee because portion of its August 7, 2008, [FR Doc. 2010–2532 Filed 2–4–10; 8:45 am] of their science policy and regulatory application related to incorporation of BILLING CODE 7590–01–P policy responsibilities. Representatives Technical Specification Task Force from selected state radiation control Traveler 363, Revision 0, for proposed organizations and the Defense Nuclear amendment to Facility Operating SECURITIES AND EXCHANGE Facilities Safety Board are also License Nos. DPR–44 and DPR–56 for COMMISSION observers to the Committee because of the Peach Bottom Atomic Power Station their expertise in regulatory (PBAPS), Units 2 and 3, located in York and Lancaster Counties, Pennsylvania. [Release Nos. 33–9104; 34–61462; File No. implementation and oversight. 265–25–03] Attendees at the meeting are invited The proposed amendment would to express their views on the draft safety have revised the Technical Investor Advisory Committee requirement DS379. The views Specifications to incorporate TSTF– expressed during the meeting will be 363–A, ‘‘Revise Topical Report AGENCY: Securities and Exchange considered for incorporation, along with References in ITS [improved technical Commission. comments developed within the specifications] 5.6.5, COLR [Core ACTION: Notice of meeting of SEC Agencies, and will help determine the Operating Limits Report],’’ Revision 0. Investor Advisory Committee. U.S. Government comments on the draft The amendment would have modified BSS to be submitted to the IAEA. the PBAPS Units 2 and 3 TS 5.6.5, ‘‘Core SUMMARY: The Securities and Exchange ISCORS recognizes that a variety of Operating Limits Report (COLR),’’ to Commission Investor Advisory views may be provided, and that remove the requirement to maintain Committee is providing notice that it viewpoints may differ. ISCORS does not COLR Topical Report references by will hold a public meeting on Monday, intend to provide specific feedback to number, title, date, and NRC staff February 22, 2010, in the Multipurpose those attending the public meeting, and approved document, if included. Room, L–006, at the Commission’s main attendees should have no expectation Incorporation of the TSTF would have offices, 100 F Street, NE., Washington, that the views expressed during the permitted referencing of the topical DC. The meeting will begin at 9 a.m. meeting will be included in the U.S. report by number and title only in the (EST) and will be open to the public. Government comments submitted to TSs, with the additional details being The Committee meeting will be webcast IAEA. However, ISCORS, and its controlled within the COLR document. on the Commission’s Web site at

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http://www.sec.gov. Persons needing FOR FURTHER INFORMATION CONTACT: December 28, 2009 the Exchange filed a special accommodations to take part Kayla J. Gillan, Deputy Chief of Staff, response to the comment letter.6 This because of a disability should notify a Office of the Chairman, at (202) 551– order approves the proposed rule contact person listed below. The public 2100, or Owen Donley, Chief Counsel, change. is invited to submit written statements Office of Investor Education and II. Description of the Proposal to the Committee. Advocacy, at (202) 551–6322, Securities The agenda for the meeting includes: and Exchange Commission, 100 F Price Related Criteria (i) Consideration of a Committee recusal Street, NE., Washington, DC 20549– Under Nasdaq’s current continued policy; (ii) report from the Education 6561. listing requirements relating to market Subcommittee, including a presentation SUPPLEMENTARY INFORMATION: In value of listed securities, a company is on the National Financial Capability accordance with Section 10(a) of the considered to be non-compliant after Survey; (iii) report from the Investor as Federal Advisory Committee Act, 5 falling below the standard for 10 Purchaser Subcommittee, including a U.S.C. App. 1, section 10(a), Kayla J. consecutive trading days.7 Thereafter, discussion of fiduciary duty and Gillan, Designated Federal Officer of the the company is provided 90 calendar mandatory arbitration; (iv) report from Committee, has approved publication of days to regain compliance with the the Investor as Owner Subcommittee, this notice. market value of listed securities including recommendations for the requirement. Further, Nasdaq’s current Dated: February 2, 2010. Committee on Regulation FD and proxy continued listing rules relating to voting transparency, as well as reports Elizabeth M. Murphy, market value of publicly held shares on a work plan for environmental, Committee Management Officer. provide that a company is deficient if it social, and governance disclosure and [FR Doc. 2010–2519 Filed 2–4–10; 8:45 am] is below the standard for 30 consecutive on financial reform legislation; and (v) BILLING CODE P trading days. Upon such failure, the discussion of next steps and closing company is provided with 90 calendar comments. days to regain compliance.8 SECURITIES AND EXCHANGE Nasdaq proposes to modify the length DATES: Written statements should be COMMISSION of time required to trigger non- received on or before February 16, 2010. [Release No. 34–61446; File No. SR– compliance with the market value of ADDRESSES: Written statements may be NASDAQ–2009–077] listed securities requirement and to submitted by any of the following modify the compliance periods methods: Self-Regulatory Organizations; The associated with the Exchange’s market NASDAQ Stock Market LLC; Order Electronic Comments value of listed securities and market Approving Proposed Rule Change To value of publicly held shares continued • Use the Commission’s Internet Modify the Procedures Followed When listing requirements. Nasdaq notes that, submission form (http://www.sec.gov/ a Listed Company Falls Below Certain under its bid price continued listing rules/other.shtml); or Listing Requirements standard, if a company’s security has a • Send an e-mail message to rule- closing bid price below $1.00 for 30 January 29, 2010. [email protected]. Please include File consecutive trading days, it no longer Number 265–25–03 on the subject line. I. Introduction meets the bid price requirement and is Paper Comments On August 17, 2009, The NASDAQ automatically provided 180 calendar days to regain compliance.9 Nasdaq • Stock Market LLC (‘‘Nasdaq’’ or Send paper statements in triplicate ‘‘Exchange’’) filed with the Securities asserts that because compliance with to Elizabeth M. Murphy, Federal and Exchange Commission each of these rules is directly related to Advisory Committee Management (‘‘Commission’’), pursuant to Section the price of an issuer’s security, the Officer, Securities and Exchange 19(b)(1) of the Securities Exchange Act length of time to trigger non- Commission, 100 F Street, NE., of 1934 (‘‘Act’’) 1 and Rule 19b–4 compliance, and the amount of time Washington, DC 20549–1090. thereunder,2 a proposed rule change to afforded as a compliance period, should All submissions should refer to File No. modify the length of certain compliance be consistent. As such, Nasdaq proposes 265–25–03. This file number should be periods in Nasdaq’s continued listing to lengthen the period that a company included on the subject line if e-mail is requirements and to modify the time would need to be below the market used. To help us process and review available for a company to provide a your statements more efficiently, please plan to regain compliance with certain Commission, dated September 28, 2009 (‘‘CFA 3 Comment Letter’’); letter from Alan F. Eisenberg, use only one method. The Commission listing requirements. The proposed rule Executive Vice President, Biotechnology Industry will post all statements on the Advisory change was published for comment in Organization (‘‘BIO’’) to Elizabeth M. Murphy, Committee’s Web site (http:// the Federal Register on September 8, Secretary, Commission, dated September 29, 2009 www.sec.gov/spotlight/ 2009.4 The Commission received three (‘‘BIO Comment Letter’’); and letter from Jason S. 5 Frankl, Senior Managing Director, FTI Consulting investoradvisorycommittee.shtml). comment letters on the proposal. On (‘‘FTI’’), to Elizabeth M. Murphy, Secretary, Statements are available for Web site Commission, dated October 5, 2009 (‘‘FTI Comment viewing and printing in the 1 15 U.S.C. 78s(b)(1). Letter’’). Commission’s Public Reference Room, 2 17 CFR 240.19b–4. 6 See letter from Arnold Golub, Vice President 100 F Street, NE., Washington, DC 3 Nasdaq is also proposing to eliminate certain and Associate General Counsel, Nasdaq, to abbreviations that are used inconsistently and Elizabeth Murphy, Secretary, Commission, dated 20549, on official business days utilize defined terms, as appropriate, in Rules 5810 December 28, 2009 (‘‘Nasdaq Response Letter’’). between the hours of 10 a.m. and 3 p.m. and 5840, and to remove authority in Rule 7 Nasdaq Rule 5810(b)(3)(C). NASDAQ changed All statements received will be posted 5810(c)(2)(C) that is duplicated in Rule the period to regain compliance with the market without change; we do not edit personal 5810(c)(2)(B). value of listed securities requirement from 30 to 90 identifying information from 4 See Securities Exchange Act Release No. 46267 days in January of last year. Securities Exchange (September 2, 2009), 74 FR 46267 (‘‘Notice’’). Act Release No. 59291 (January 23, 2009), 74 FR submissions. You should submit only 5 See letter from Barbara Roper, Director of 5197 (January 29, 2009) (SR–NASDAQ–2009–002). information that you wish to make Investor Protection, Consumer Federation of 8 Nasdaq Rule 5810(b)(3)(D). available publicly. America, to Elizabeth M. Murphy, Secretary, 9 Nasdaq Rule 5810(b)(3)(A).

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value of listed securities requirement 15 days is often insufficient for a provided to a company that has received before being considered non-compliant company to formulate a meaningful a Staff Delisting Determination for from 10 to 30 consecutive trading days. plan, particularly in the current market failure to meet either of those Nasdaq also proposes to extend from 90 and economic conditions. Further, requirements before the proposed rule to 180 days the compliance period in Nasdaq proposes to increase from 105 to change is approved.18 which companies that are non- 180 the number of calendar days for With respect to the proposed changes compliant with the market value of which staff can grant an extension of to the compliance plan process, if a listed securities and market value of time to regain compliance from its company has not yet submitted its plan publicly held shares requirements can initial notification of non-compliance.14 of compliance when the proposed rule regain compliance.10 Nasdaq notes that Nasdaq states that this additional time change is approved, the deadline to it believes that the existing 90-day time will better allow companies to submit that plan will be extended until frames do not provide sufficient time for implement a plan to regain compliance. 45 days from the date of staff’s a company to regain compliance. As revised, the maximum amount of notification of the deficiency. If the As revised, the maximum amount of time that could be afforded to a company has submitted its plan of time that could be afforded to a company that failed to meet a listing compliance when the proposed rule company that failed to meet the market requirement that allows the submission change is approved, but staff has not yet value of listed securities or market value of a plan to regain compliance would be made a determination with respect to of publicly held shares requirements 18 months.15 whether to grant additional time, staff would be 18 months.11 will be permitted to grant the company Implementation up to 180 days from staff’s notification Requirements With Respect to Nasdaq states that any company that of the deficiency to regain compliance. Compliance Plans had not yet been notified that it was If the company has already received an Nasdaq also proposes to modify the non-compliant with the market value of extension of time to regain compliance periods applicable in cases where a listed securities requirement upon from staff when the proposed rule company can provide Nasdaq staff with Commission approval of the proposed change is approved,19 at the end of that a plan to regain compliance, such as rule change will not be notified until exception staff could, based on a review when a company fails to meet the they are below the requirement for 30 of the company at the time, grant minimum requirements for consecutive trading days.16 Any additional time for the company to stockholders’ equity, the number of company that has already been notified regain compliance, up to 180 days from publicly held shares, or the number of that it was non-compliant with either staff’s original notification of the shareholders.12 Currently, companies the market value of listed securities deficiency.20 No additional time will be are provided 15 calendar days to submit requirement or the market value of provided to a company that has already a plan to regain compliance. Following publicly held shares requirement and received a Staff Delisting Determination a review of the plan, staff can grant the that is still in the 90 calendar day at the time the proposed rule change is company a period of up to 105 calendar compliance period for such failure will approved.21 days from the initial notification of non- have their compliance period extended III. Comment Summary compliance for the company to regain until 180 calendar days from the date compliance. Nasdaq proposes to they were originally notified of the In its comment letter, CFA raises deficiency.17 No additional time will be several concerns regarding the increase the number of calendar days a 22 company has to present its plan from 15 Exchange’s proposal. First, CFA to 45, and to permit staff to grant up to timely submit its plan due to events outside the argues that the Exchange’s proposal will a 5-day extension of this period upon control of the company, such as when severe lead to a proliferation of lengthy weather interferes with the company’s ability to automatic compliance periods for good cause shown.13 Nasdaq asserts that provide the necessary information before the companies that fall below listing deadline. 10 In its filing, Nasdaq noted that it could apply 14 Nasdaq states that staff will determine whether standards, potentially allowing large its authority described in Nasdaq Rule 5100 to to allow the company additional time, and if so numbers of non-compliant companies to delist a security during a compliance period if the how much time to allow, based on a review of the market value of listed securities or market value of company’s plan of compliance. in its compliance period, that compliance period publicly held shares was so low that delisting is 15 A company could only receive an extension up would be extended by 90 days so that the company necessary to maintain the quality of and public to this 18-month maximum length if: (i) After would have 150 days remaining in the compliance confidence in the market, to prevent fraudulent and reviewing the company’s compliance plan, Nasdaq period. manipulative acts and practices, and to protect staff granted the company the maximum 180-day 18 For example, if a company had been notified investors and the public interest. period to regain compliance; (ii) the company failed that its security was below either the market value 11 A company could only receive an extension up to comply within the time allowed by staff and of listed securities or market value of publicly held to this 18-month maximum length if: (i) It failed to appealed to a Hearings Panel; and (iii) the Nasdaq shares requirement 95 days before the proposed comply during the automatic 180-day compliance Listing Council determined to call the matter for rule is approved, the company would not receive period; (ii) the company appealed to a Hearings review, stay the company’s delisting, and, after any additional time as a result of the proposed rule Panel; and (iii) the Nasdaq Listing and Hearing reviewing the company’s compliance plan, provide change. Such companies would continue through Review Council (‘‘Listing Council’’) determined to the company with the maximum 360-day period the Hearings and Appeals process, however, and call the matter for review, stay the company’s from the date of the Staff Delisting Determination could receive additional time as provided for in delisting, and, after reviewing the company’s to regain compliance. Nasdaq Rules 5815(c)(1)(A) and 5820(d)(1). compliance plan, provide the company with the 16 For example, if a security is below the market 19 Nasdaq Rule 5810(c)(2)(B)(i). maximum 360-day period from the date of the Staff value of listed securities requirement for 7 20 The proposal to allow a company additional Delisting Determination to regain compliance. consecutive trading days when the proposed rule is time at the end of its extension based on staff’s 12 Nasdaq Rule 5810(c)(2) and IM–5810–2 provide approved, the company would not be notified that further review of the company is consistent with the procedures governing deficiencies for which a it is deficient unless and until the security remains Nasdaq’s current practice of potentially allowing a company may submit a plan of compliance to below the requirement for another 23 consecutive company additional time if it was not initially Nasdaq staff. Nasdaq has posted frequently asked trading days, such that it remained below for a total granted the full 105 days allowed by current Nasdaq questions at http://www.nasdaq.com/about/faqs- of 30 consecutive trading days. Rule 5810(c)(2)(B)(i). listing-information-questions.stm#continued, which 17 For example, if a company had been notified 21 Such companies would continue through the discuss the information a company should consider that its security was below either the market value Hearings and Appeals process, however, and could in preparing its plan of compliance. of listed securities or market value of publicly held receive additional time as provided for in Nasdaq 13 Nasdaq anticipates that this authority would be shares requirement 30 days before the proposed Rules 5815(c)(1)(A) and 5820(d)(1). used to address cases where the company could not rule is approved, such that it had 60 days remaining 22 See CFA Comment Letter, supra note 5.

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remain listed for extended periods of requirement, and the NYSE rules allow suggestion that Nasdaq should consider time with little or no oversight.23 In staff to provide a company with up to a case-by-case review of companies response, the Exchange states that it 18 months to regain compliance with its below the requirements rather than continuously monitors each listed market capitalization requirement.31 granting an automatic 180-day company for compliance with the listing CFA also argues that the proposal to compliance period, Nasdaq states that rules and determines whether any allow an automatic 180-day grace period for price-related listing requirements, public interest concerns exist that may for the market value of publicly held automatic periods provide a transparent, make continued listing inappropriate.24 shares and market value of listed objective process, which is more In particular, the Exchange notes that securities requirements raises particular appropriate than subjective reviews.39 notwithstanding the automatic concerns.32 Specifically, CFA states that Further, it notes that such a process compliance periods, Nasdaq staff has the market value standard is an provides clear guidance to companies the authority to apply additional and alternative to the stockholders’ equity and their investors.40 more stringent criteria to shorten a requirement, and thus companies listing CFA also asserts that Nasdaq should compliance period or delist a company under this standard are companies that be required to provide a variety of before the end of the compliance period fail to meet the minimum stockholders’ additional information to support its if it believes that the continued listing equity requirement.33 Further, CFA proposal.41 For example, CFA suggests of a company would be contrary to the notes that Nasdaq recently extended the that Nasdaq should provide further data public interest.25 period to regain compliance with the regarding its discretionary authority to In addition, CFA notes that while market value of listed securities delist a security during a compliance Nasdaq has stated that the proposed rule requirement from 30 to 90 days, and period; 42 supplementary information change is intended to harmonize and that this proposed rule change would regarding compliance plans and ensure consistency in the compliance now allow a company a total of 210 compliance periods granted by staff; and periods across its continued listing days of non-compliance before a statistics on the 180-day plan process rules, Nasdaq has chosen to apply its hearing.34 CFA also questions why the that was adopted last fall for companies least restrictive compliance period (i.e., 180-day automatic grace period is that are late in filing their periodic its longest compliance period of 180 preferable to a case-by-case review.35 reports.43 The FTI Comment Letter days).26 The CFA asserts that if The Exchange responds that these expressed support for this portion of harmonization is needed, Nasdaq revised time periods are consistent with CTA’s comment letter asserting that 36 should instead ‘‘harmonize up, not the Exchange’s current bid price rule. Nasdaq should be required to provide down’’ and apply its shorter compliance Specifically, like the bid price rule, a additional information and rationale in 27 periods consistently across its rules. In company would be found to be non- support of its proposal.44 In response, the Nasdaq Response Letter, the compliant only after it falls below the the Exchange states that the request for Exchange asserts that its experience has current threshold for 30 days and would additional information is not shown that many of the current thereafter be afforded 180 days to regain 37 appropriate or necessary for compliance periods are too short, compliance. Nasdaq also notes that consideration of the proposed rule particularly given the extraordinary the maximum total time period that a change. Rather, Nasdaq asserts that the volatility in the securities markets over company that failed to meet the market proposed rule change satisfies the 28 value of listed securities or market value the past decade. Specifically, the relevant statutory standards, and data of publicly held shares requirements Exchange notes that in its experience, concerning Nasdaq’s historic could remain listed would be 18 and as also noted in the BIO Comment enforcement of listing standards is months, which is consistent with the Letter, the existing time periods do not already disclosed in Nasdaq OMX’s compliance periods available at other sufficiently account for daily market public filings with the Commission and markets.38 With regard to CFA’s fluctuations, and given the changes that is not necessary for consideration of this have taken place in the financial proposal.45 31 See Nasdaq Response Letter, supra note 6, at markets, the existing time periods are Finally, the CFA Comment Letter unreasonably short.29 Further, the 3. 32 suggests that the Commission should Exchange notes that the proposed longer See CFA Comment Letter, supra note 5. 33 Id. review the economic impact of the compliance periods are in line with the 34 In arriving at this figure, CFA is including in proposed rule change on the exchange compliance periods afforded by other its calculation the 30-day period required to trigger and should require greater 30 exchanges. For example, Nasdaq states non-compliance. independence in Nasdaq’s delisting 35 See CFA Comment Letter, supra note 5. that the NYSE Amex rules provide that process if such rule changes are found staff can grant a company up to 18 36 See Nasdaq Response Letter, supra note 6, at 2. to benefit Nasdaq’s financial position.46 months to regain compliance with its 37 See Nasdaq Response Letter, supra note 6, at market value of publicly held shares 2. regain compliance with a price-based listing 38 See Nasdaq Response Letter, supra note 6, at requirement. 23 Id. 2 (citing Section 802.02 of the NYSE Listed 39 See Nasdaq Response Letter, supra note 6, at 24 The Exchange notes that such monitoring Company Manual). Nasdaq notes that, as described 4. includes staff review of virtually every SEC filing in the notice of the proposed rule change, a 40 Id. made by listing companies, including proxies and company that receives a delisting letter after the 41 See CFA Comment Letter, supra note 5. 180-day compliance period may appeal the annual and quarterly financial reports. See Nasdaq 42 See supra note 10. delisting decision to the Hearings Panel, which can Response Letter, supra note 6, at 3. 43 See CFA Comment Letter, supra note 5. 25 grant up to an additional 180 day to regain See Nasdaq Response Letter, supra note 6, at 44 See FTI Comment letter, supra note 5. 1–2. compliance. Thereafter, the company could remain listed for an additional 180 days if the Nasdaq 45 See Nasdaq Response Letter, supra note 6, at 26 See CFA Comment Letter, supra note 5. Listing Council were to call the matter for review, 5. 27 Id. stay the company’s delisting, and determine to 46 See CFA Comment Letter, supra note 5. The 28 See Nasdaq Response Letter, supra note 6, at grant additional time. In the Nasdaq Response CFA Comment Letter also provides an additional 1 and 3. Letter, the Exchange states that it would be highly recommendation that is not aimed at this particular 29 See Nasdaq Response Letter, supra note 6, at unusual for the Listing Council to take such action rule proposal. Specifically, CFA argues that more 3. and noted that it does not believe that the Listing should be done to require exchanges to identify and 30 See Nasdaq Response Letter, supra note 6, at Council has ever exercised its discretion to stay a alert investors of noncompliant companies. Nasdaq 3. delisting to allow a company additional time to responded to this assertion in its Response Letter

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FTI also expressed support for this allow biotechnology companies to the market value of listed securities and portion of the CFA Comment Letter.47 In regain some stability during daily market value of publicly held shares its response, Nasdaq states that it has a market fluctuations that persist for requirements, can regain compliance, transparent, independent enforcement emerging biotechnology companies.56 will better align the compliance period process in place to support its listing The BIO Comment Letter also expressed for these continued listing standards standards.48 Specifically, Nasdaq notes support for the portion of the proposal with the automatic 180 day compliance that its staff has very limited discretion providing companies 45 days to submit period already provided in Nasdaq’s to grant an extension to a company that a plan to regain compliance, noting that rules for noncompliance with the bid does not comply with a listing this increase will provide companies the price requirement, as well as the rules requirement, and many rules provide for necessary time to work with their of other markets. As such, the automatic compliance periods rather investors to secure a long-term plan that Commission believes that the proposal than compliance periods determined by will bring them back into compliance should reduce investor confusion over Nasdaq staff.49 The Nasdaq Response with listing standards.57 the compliance periods available under Letter also describes the independence IV. Discussion Nasdaq’s price-related continued listing of the delisting process with regard to requirements.60 Further, the change price-based listing requirements.50 In After careful review, the Commission should provide companies with particular, Nasdaq notes that after the finds that the proposed rule change is additional time to take actions that may 180-day automatic compliance periods consistent with the requirements of the be necessary to regain compliance, such runs, Nasdaq staff has no discretion to Act and the rules and regulations as obtaining shareholder approval and allow the company to continue trading thereunder applicable to a national registering shares. and must issue a delisting letter.51 A securities exchange and, in particular, The CFA Comment Letter takes issue company may appeal that delisting with Section 6(b)(5) of the Act,58 which with the extension of the automatic letter to a Hearings Panel, which is requires, among other things, that the compliance period for these continued independent of Nasdaq and includes no rules of a national securities exchange listing standards to 180 days, expressing Nasdaq employees.52 Thereafter, be designed to prevent fraudulent and concern about non-compliant another independent body, the Nasdaq manipulative acts and practices, to companies remaining listed on the Listing and Hearing Review Council promote just and equitable principles of Exchange for extended periods of time. (‘‘Listing Council’’), would be the only trade, to remove impediments to, and However, as the Exchange has body with the ability to call the matter perfect the mechanism of, a free and represented in the Notice and in the for review and determine to grant open market and a national market Nasdaq Response Letter, the maximum additional time to the company.53 system and, in general, to protect amount of time that could be afforded 59 Nasdaq also states that its Listing investors and the public interest. to a company that falls out of Qualifications Department is housed in The Commission notes that the compliance with the market value of a regulation group that is development and enforcement of listed securities or market value of organizationally and institutionally adequate standards governing the initial publicly held shares requirements separate than its business lines and is and continued listing of securities on an would be 18 months.61 The Exchange directly accountable to the Regulatory exchange is an activity of critical further stated in its Response Letter that Oversight Committee of the Nasdaq importance to financial markets and the it is highly unusual for the Listing Board.54 investing public. The Commission Council to stay a company’s delisting The BIO Comment Letter generally continues to believe that enforcement of and grant additional time to regain 55 supported the Exchange’s proposal. In continued listing standards are compliance and that it does not believe particular, the BIO Comment Letter important to ensure that only companies that the Listing Council has ever stated that extending the number of suitable for listing remain trading on exercised its discretion to take such days from 10 to 30 to trigger non- national securities exchanges. While the action for a price-based delisting compliance with the market value of Commission would be concerned about decision.62 The Commission also notes listed securities requirement would any national securities exchange’s that this maximum length of time of 18 proposal that would allow companies months 63 is consistent with the by noting that companies are required to make falling below continued listing public disclosure that they are non-compliant with maximum amount of time that the standards to remain listed for an NYSE and NYSE Amex can provide for listing standards, and Nasdaq includes the company extended period of time, the on the list of non-compliant companies on its Web a listed company to regain compliance site and displays such information to investors Commission has determined to approve with its similar continued listing viewing the company’s quotation. Further, Nasdaq the Nasdaq’s proposal for the reasons 64 has a display requirement for vendors that display standards. Further, the Exchange has discussed below. represented that it has the authority Nasdaq’s data feed, which requires them to show The Commission believes that the the company’s noncompliance. Nasdaq did under Nasdaq Rule 5100 to delist a acknowledge that vendors that do not obtain Exchange’s proposal to extend from 90 quotation information from Nasdaq may not display to 180 days the period in which 60 Under Nasdaq’s current rules, if a company’s this information. See Nasdaq Response Letter, supra companies, that are non-compliant with note 6, at footnote 4. security has a closing bid price below $1 for 30 consecutive trading days, it is deemed to be non- 47 See FTI Comment Letter, supra note 5, at 1. 56 Id. compliant with the bid price requirement and is 48 See Nasdaq Response Letter, supra note 6, at 57 automatically provided 180 calendar days to regain 1. Id. In addition, the BIO Comment Letter provided requests for Nasdaq to further modify compliance. See Nasdaq Rule 5810(b)(3)(A). 49 See Nasdaq Response Letter, supra note 6, at certain of its continued listing standards and 61 As noted, this maximum 18 month compliance 1. compliance periods. Because those requests do not time only exists assuming every maximum 50 See id. at 2. relate to the current proposed rule change before compliance period is granted and an appeal was 51 See id. the Commission, they will not be discussed in this called for review by Nasdaq’s Listing Council. See 52 See id. Order. supra note 11. 53 See id. Nasdaq notes, however, that it would 58 15 U.S.C. 78f(b)(5). 62 See supra note 38. be highly unusual for the Listing Council to take 59 In approving this proposed rule change, the 63 See supra note 11. such action. Commission has considered the proposed rule’s 64 See Section 802.02 of the NYSE Listed 54 See id. impact on efficiency, competition, and capital Company Manual and Section 1009 of the NYSE 55 See BIO Comment Letter, supra note 5. formation. See 15 U.S.C. 78c(f). Amex Company Guide.

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security during a compliance period if Commission notes that the maximum the CFA’s call for greater independence the market value of listed securities or time period of 180 days is not an in Nasdaq’s delisting process is not an market value of publicly held shares automatic grace period, but rather each issue that is directly before the was so low that delisting is necessary to company’s compliance period will be Commission in this proposed rule maintain the quality of and public determined by Nasdaq staff after review change. The rules governing and confidence in the market, to prevent of the company’s compliance plan. outlining the current delisting process fraudulent and manipulative acts and Accordingly, the Commission expects of the Exchange have been reviewed by practices, and to protect investors and Nasdaq staff to conduct a thorough case- the Commission and approved as being the public interest. Notwithstanding the by-case review of each company’s plan consistent with the Act. As noted above, lengthened automatic compliance of compliance, and make an many of the changes proposed in the periods afforded to issuers under the individualized determination as to the current rule filing involve the proposed rule change, the Commission extension of time that is appropriate for lengthening of automatic threshold or expects Nasdaq to use its authority to a particular company. In addition, even compliance periods that are not subject delist issuers in a prompt, efficient and with this change, the Commission notes to the discretion of Nasdaq staff. While fair manner where necessary and that the total maximum amount of time Nasdaq is lengthening from 105 to 180 appropriate in accordance with Nasdaq that could be afforded to a company that the maximum number of calendar days Rule 5100, especially in those situations failed to meet a listing requirement that for which staff can grant an extension of where the market value of a company’s allows for the submission of a plan to time for compliance with regard to those stock is so low as to make continued regain compliance would be 18 months, deficiencies for which a company can trading unwarranted. and this maximum 18 months assumes provide staff with a plan to regain The Commission also believes that all compliance periods are extended to compliance, the Commission does not Nasdaq’s proposal to extend the period the permissible maximum during the believe that this changes the that a company would need to be below appeal process by the Hearings Panel independence of the Hearings Panel and 68 the minimum market value of listed and Listing Council. As discussed Listing Council. Although we recognize securities requirement before being above, this time period is consistent that the staff will have more discretion deemed non-compliant from 10 to 30 with the maximum amount of time a in setting the initial length of the consecutive trading days is appropriate company is permitted to regain compliance period for certain and consistent with the Act. The compliance with similar continued deficiencies, upon appeal, any delisting 69 Commission notes that this change will listing standards under NYSE’s rules. for non-compliance will continue to be further harmonize Nasdaq’s price- The Commission believes that reviewed by independent panels. In related continued listing requirements, Nasdaq’s proposal to increase from 15 to addition, as noted, the maximum length as the bid price and market value of 45 days the length of time a company of time permitted under the proposed has to submit a plan to regain publicly held shares requirements rule change is consistent with other compliance should provide companies currently provide that a company is not markets’ rules.73 with additional time to devise a deficient until it falls below the In summary, as noted above, the respective standard for 30 consecutive meaningful and workable plan to regain compliance. Further, the Commission Commission believes that enforcement trading days. Further, as noted in the of continued listing standards is of Nasdaq Response Letter, this time notes that this revised time period is consistent with the NYSE’s rules, which critical importance to our financial period is consistent with, and in some markets and investing public and, cases more stringent than, the threshold generally provide a company with 45 days from receipt of a letter of non- among other things helps to ensure that time periods on other exchanges. compliance to submit a plan to regain exchange traded securities have Specifically, on NYSE Amex, a compliance.70 We further note that the adequate depth and liquidity necessary company is deemed to be non- 45 days does not extend the maximum to promote fair and orderly markets. compliant with the market value of time period the staff can allow for While the Nasdaq’s rule proposal does publicly held shares requirement only compliance.71 extend the time frames a company can after it has been below the standard for continue to trade while out of 65 Finally, the Commission notes that 90 consecutive days. In addition, a while the additional, specific compliance with certain continued company is considered non-compliant information that the CFA argued should listing standards, the changes are with the NYSE’s market capitalization be provided by Nasdaq on issues such consistent with that of other national requirement after the company falls as the historic enforcement of Nasdaq’s securities exchanges and do provide below the standard for 30 consecutive listing standards might be useful for transparency to the delisting process. 66 trading days. many purposes, it agrees with Nasdaq We also continue to expect Nasdaq, as With regard to deficiencies for which that such data and information is not they have represented, to monitor a company can provide staff with a plan companies that are out of compliance 67 required in order for the Commission to to regain compliance, the Commission find that the current proposed rule and delist them promptly should there believes that increasing from 105 to 180 change is consistent with the Act.72 In be public interest or other concerns that the maximum number of calendar days addition, the Commission believes that make continued trading unwarranted. for which staff can grant an extension of For the reasons noted above, the time from its initial notification of non- 68 See supra note 15. Commission believes that the proposed compliance will provide companies 69 See supra note 64. rule change is reasonable and consistent with additional time that may be 70 Section 802.02 of the NYSE Listed Company with the Act. necessary to implement a plan to regain Manual. compliance where appropriate. The 71 For example, if the plan is submitted 45 days V. Conclusion after notification of non-compliance, staff could only grant an additional 135 days to regain It is therefore ordered, pursuant to 65 See Nasdaq Response Letter, supra note 6, at compliance. Section 19(b)(2) of the Act,74 that the 3. 72 The Commission notes that as a registered 66 See Nasdaq Response Letter, supra note 6, at national securities exchange, the Commission has 3. oversight over Nasdaq’s enforcement of its rules, 73 See supra note 64. 67 See Nasdaq Rule 5810(c)(2) and IM–5812. including the delisting rules and process. 74 15 U.S.C. 78s(b)(2).

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proposed rule change (SR–NASDAQ– II. Self-Regulatory Organization’s complies with the requirements of Rule 2009–077) be, and hereby is, approved. Statement of the Purpose of, and 611 of Regulation NMS. • DOT is a routing option for orders For the Commission, by the Division of Statutory Basis for, the Proposed Rule that the entering firm wishes to Trading and Markets, pursuant to delegated Change designate for participation in the NYSE authority.75 In its filing with the Commission, the or NYSE Amex opening or closing Florence E. Harmon, Exchange included statements processes. DOT orders do not check the Deputy Secretary. concerning the purpose of and basis for NASDAQ book prior to routing directly [FR Doc. 2010–2500 Filed 2–4–10; 8:45 am] the proposed rule change and discussed to NYSE or NYSE Amex. After BILLING CODE 8011–01–P any comments it received on the attempting to execute at NYSE or NYSE proposed rule change. The text of these Amex, DOT orders thereafter check the statements may be examined at the NASDAQ book for available shares and SECURITIES AND EXCHANGE places specified in Item IV below. The are then converted into SCAN or STGY COMMISSION Exchange has prepared summaries, set orders, depending on the designation of forth in Sections A, B, and C below, of the entering firm. If a DOT order the most significant aspects of such [Release No. 34–61460; File No. SR– designated to participate in the opening statements. NASDAQ–2010–018] process is entered after 9:30 a.m., A. Self-Regulatory Organization’s moreover, it will be converted into a Self-Regulatory Organizations; The Statement of the Purpose of, and SCAN or STGY order, depending on the NASDAQ Stock Market LLC; Notice of Statutory Basis for, the Proposed Rule designation of the entering firm. • DOTI is a routing option under Filing and Immediate Effectiveness of Change which orders check the NASDAQ book Proposed Rule Change To Modify 1. Purpose and destinations on the DOTI System NASDAQ’s Order Routing Rule routing table and then are sent to NYSE NASDAQ is amending Rule 4758, February 1, 2010. or NYSE Amex. Such orders do not which describes its order routing return to the NASDAQ book if they are Pursuant to Section 19(b)(1) of the processes, to describe existing order not executed, but rather remain on the Securities Exchange Act of 1934 routing options with greater specificity, NYSE or NYSE Amex book until (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 to modify an existing routing option, executed, cancelled, or expired. notice is hereby given that on January and to add a new routing option. • STGY is a routing option under 29, 2010, The NASDAQ Stock Market Currently, routing options available which orders check the NASDAQ book, LLC (‘‘Nasdaq’’ or the ‘‘Exchange’’) filed through NASDAQ are all variations of check destinations on the STGY System with the Securities and Exchange three main routing options, known as routing table, and then return to the Commission (‘‘Commission’’) the DOT, STGY, and SCAN. Although the NASDAQ book. After returning to the proposed rule change as described in rule language for these routing options NASDAQ book, a STGY order will Items I and II below, which Items have describes the available variations of the subsequently route out to another been prepared by Nasdaq. Nasdaq has main options in general terms, market center if it posts a bid or offer NASDAQ believes that understanding of designated the proposed rule change as that locks or crosses the STGY order. these options would be enhanced by • constituting a rule change under Rule SKNY is a form of STGY in which describing the different versions as 19b–4(f)(6) under the Act,3 which the entering party instructs the System separately named routing options. to bypass any market centers included renders the proposal effective upon NASDAQ is also amending Rule 4758 to in the STGY System routing table that filing with the Commission. The include a definition of ‘‘System routing are not posting Protected Quotations Commission is publishing this notice to table,’’ defined as the proprietary within the meaning of Regulation NMS. solicit comments on the proposed rule process for determining the specific • SCAN is a routing option under change from interested persons. trading venues to which the NASDAQ which orders check the NASDAQ book, I. Self-Regulatory Organization’s System routes orders and the order in check destinations on the SCAN System Statement of the Terms of Substance of which it routes them. The definition routing table, and then return to the the Proposed Rule Change reflects the fact that NASDAQ, like NASDAQ book. After returning to the other trading venues, maintains NASDAQ book, a SCAN order will not The Exchange is filing this proposed different routing tables for different subsequently route out to another rule change to amend Rule 4758 to routing options and modifies them on a market center if it posts a bid or offer describe available routing options in regular basis to reflect assessments that locks or crosses the SCAN order. • greater detail, to modify an existing about the destination markets. Such SKIP is a form of SCAN in which routing option, and to add a new routing assessments consider factors such as a the entering party instructs the System option. NASDAQ proposes to destination’s latency, fill rates, to bypass any market centers included implement the rule change on February reliability, and cost. Accordingly, the in the SCAN System routing table that 1, 2010. The text of the proposed rule definition specifies that NASDAQ are not posting Protected Quotations reserves the right to maintain a different within the meaning of Regulation NMS. change is available at http:// routing table for different routing • TFTY is a routing option that was nasdaq.cchwallstreet.com/, at the options and to modify routing tables at formerly comprised within the Exchange’s principal office, and at the any time without notice.4 All routing definition of SCAN. TFTY orders Commission’s Public Reference Room. currently do not check the NASDAQ 4 At present, all System routing tables include book for available shares prior to routing NASDAQ’s affiliate, NASDAQ OMX BX (‘‘BX’’). to destinations on the TFTY System 75 17 CFR 200.30–3(a)(12). Thus, all routed orders have the opportunity to routing table. Thereafter, they return to route to this venue, with the exception of DOT 1 15 U.S.C. 78s(b)(1). orders routed directly to the NYSE or NYSE Amex the NASDAQ book and, like SCAN 2 17 CFR 240.19b–4. opening or closing processes and directed orders orders, do not route out again. TFTY is 3 17 CFR 240.19b–4(f)(6). that are directed to route to venues other than BX. being modified by this proposed rule

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change to provide users the option of 2. Statutory Basis A proposed rule change filed checking the NASDAQ book prior to pursuant to Rule 19b–4(f)(6) under the NASDAQ believes that the proposed routing out. Act 10 normally does not become rule change is consistent with the operative for 30 days after the date of its • MOPP is a routing option formerly 6 provisions of Section 6 of the Act, in 11 comprised within the definition of filing. However, Rule 19b–4(f)(6) general, and with Sections 6(b)(5) of the permits the Commission to designate a SCAN. MOPP orders route only to 7 Act, in particular, in that the proposal shorter time if such action is consistent Protected Quotes, including the is designed to prevent fraudulent and NASDAQ Market Center, but only for with the protection of investors and the manipulative acts and practices, to public interest. Nasdaq requests that the displayed size. If shares remain un- promote just and equitable principles of Commission waive the 30-day operative executed after routing, they are posted trade, to foster cooperation and delay NASDAQ requests this waiver to the NASDAQ book and do not route coordination with persons engaged in because it currently has the out again. regulating, clearing, settling, processing technological changes ready to support • Directed Orders, as described in information with respect to, and the proposed rule change, and believes Rule 4751, are orders that are directed facilitating transactions in securities, to that the benefits of greater flexibility to an exchange other than NASDAQ as remove impediments to and perfect the and increased clarity that are expected requested by the entering party without mechanism of a free and open market from the rule change should not be checking the NASDAQ book. Directed and a national market system, and, in delayed. The Commission believes that Orders must have a time-in-force of general, to protect investors and the waiving the 30-day operative delay 12 is Immediate or Cancel and therefore do public interest. The proposed change to consistent with the protection of not post on the book of the market to introduce the SAVE routing option and investors and the public interest and which they route, nor do they return modify the TFTY routing option will designates the proposal operative upon and post on NASDAQ. provide market participants with greater filing. flexibility in routing orders to low cost • NASDAQ is introducing the new At any time within 60 days of the trading venues, including BX and other filing of the proposed rule change, the SAVE routing option, under which a venues with low execution fees that are Commission may summarily abrogate market participant may specify that an included on the System routing tables. such rule change if it appears to the order will either (i) route to BX, check The other modifications to Rule 4758 Commission that such action is the NASDAQ book, and then route to will enhance the clarity of the rule. necessary or appropriate in the public other venues on the SAVE System interest, for the protection of investors, routing table, or (ii) check the NASDAQ B. Self-Regulatory Organization’s Statement on Burden on Competition or otherwise in furtherance of the book first and then route to destinations purposes of the Act. on the SAVE System routing table. The Exchange does not believe that IV. Solicitation of Comments Under the second option, the applicable the proposed rule change will result in routing table includes BX, and as is the any burden on competition that is not Interested persons are invited to case with all market destinations, the necessary or appropriate in furtherance submit written data, views, and placement of BX on the routing table of the purposes of the Act. arguments concerning the foregoing, depends on NASDAQ’s ongoing including whether the proposed rule assessments of factors such as latency, C. Self-Regulatory Organization’s change is consistent with the Act. fill rates, reliability, and cost. If shares Statement on Comments on the Comments may be submitted by any of remain un-executed after routing, they Proposed Rule Change Received From the following methods: are posted to the NASDAQ book and do Members, Participants or Others not route out again. Electronic Comments Written comments were neither • NASDAQ is also removing specific solicited nor received. Use the Commission’s Internet references to order types and times-in- comment form (http://www.sec.gov/ III. Date of Effectiveness of the rules/sro.shtml); or force in the routing rule with a general • statement that routing options may be Proposed Rule Change and Timing for Send an e-mail to rule- combined with all available order types Commission Action [email protected]. Please include File Number SR–NASDAQ–2010–018 on the and times-in-force, with the exception Because the foregoing proposed rule subject line. of order types and times-in-force whose change does not: (i) Significantly affect terms are inconsistent with the terms of the protection of investors or the public Paper Comments a particular routing option. Thus, for interest; (ii) impose any significant • Send paper comments in triplicate example, a good-till-cancelled order burden on competition; and (iii) become to Elizabeth M. Murphy, Secretary, could not be combined with the DOT operative for 30 days from the date on Securities and Exchange Commission, routing option, since a DOT-routed which it was filed, or such shorter time 100 F Street, NE., Washington, DC order is intended to execute in another as the Commission may designate, it has 20549–1090. market’s opening or closing process on become effective pursuant to Section All submissions should refer to File a particular day. Finally, NASDAQ is 19(b)(3)(A) of the Act 8 and Rule 19b– Number SR–NASDAQ–2010–018. This removing obsolete language that had 4(f)(6) thereunder.9 been added to Rule 4758 last year to file number should be included on the subject line if e-mail is used. To help the reflect a commitment to distinguish 6 15 U.S.C. 78f. Commission process and review your ‘‘flash’’ orders from NASDAQ’s 7 15 U.S.C. 78f(b)(5). comments more efficiently, please use protected quote. NASDAQ discontinued 8 15 U.S.C. 78s(b)(3)(A). the use of flash orders shortly after it 9 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 10 17 CFR 240.19b–4(f)(6). introduced them.5 4(f)(6) requires a self-regulatory organization to give the Commission written notice of its intent to file 11 17 CFR 240.19b–4(f)(6). the proposed rule change at least five business days 12 For purposes only of waiving the 30-day 5 Securities Exchange Act Release No. 60570 prior to the date of filing of the proposed rule operative delay, the Commission has considered the (August 26, 2009), 74 FR 45505 (September 2, 2009) change, or such shorter time as designated by the proposed rule’s impact on efficiency, competition, (SR–NASDAQ–2009–079). Commission. Nasdaq has satisfied this requirement. and capital formation. See 15 U.S.C. 78c(f).

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only one method. The Commission will For the Commission, by the Division of Practice in England, 1500–1750,’’ post all comments on the Commission’s Trading and Markets, pursuant to delegated imported from abroad for temporary 13 Internet Web site (http://www.sec.gov/ authority. exhibition within the United States, are rules/sro.shtml). Copies of the Florence E. Harmon, of cultural significance. The objects are submission, all subsequent Deputy Secretary. imported pursuant to loan agreements amendments, all written statements [FR Doc. 2010–2501 Filed 2–4–10; 8:45 am] with the foreign owners or custodians. with respect to the proposed rule BILLING CODE 8011–01–P I also determine that the exhibition or change that are filed with the display of the exhibit objects at the Yale Commission, and all written Center for British Art, New Haven, communications relating to the DEPARTMENT OF STATE Connecticut, from on or about February proposed rule change between the [PUBLIC NOTICE 6894] 18, 2010, until on or about May 30, Commission and any person, other than 2010, and at possible additional those that may be withheld from the Culturally Significant Objects Imported exhibitions or venues yet to be public in accordance with the for Exhibition determined, is in the national interest. I have ordered that Public Notice of provisions of 5 U.S.C. 552, will be Determinations: ‘‘Compass and Rule: these Determinations be published in available for inspection and copying in Architecture as Mathematical Practice the Federal Register. the Commission’s Public Reference in England, 1500–1750’’ Room, 100 F Street, NE., Washington, SUMMARY: Notice is hereby given of the FOR FURTHER INFORMATION CONTACT: For DC 20549, on official business days following determinations: Pursuant to further information, including a list of between the hours of 10 a.m. and 3 p.m. the authority vested in me by the Act of the exhibit objects, contact Paul W. Copies of such filing also will be October 19, 1965 (79 Stat. 985; 22 U.S.C. Manning, Attorney-Adviser, Office of available for inspection and copying at 2459), Executive Order 12047 of March the Legal Adviser, U.S. Department of the principal office of the Exchange. All 27, 1978, the Foreign Affairs Reform and State (telephone: 202–632–6469). The comments received will be posted Restructuring Act of 1998 (112 Stat. mailing address is U.S. Department of without change; the Commission does 2681, et seq.; 22 U.S.C. 6501 note, et State, SA–5, L/PD, Fifth Floor (Suite not edit personal identifying seq.), Delegation of Authority No. 234 of 5H03), Washington, DC 20522–0505. October 1, 1999, Delegation of Authority information from submissions. You Dated: February 1, 2010. No. 236 of October 19, 1999, as should submit only information that Maura M. Pally, you wish to make publicly available. All amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], Deputy Assistant Secretary for Professional submissions should refer to File and Cultural Exchanges, Bureau of Number SR–NASDAQ–2010–018 and I hereby determine that the objects to be included in the exhibition ‘‘Compass Educational and Cultural Affairs, Department should be submitted on or before and Rule: Architecture as Mathematical of State. February 26, 2010. [FR Doc. 2010–2551 Filed 2–4–10; 8:45 am] 13 17 CFR 200.30–3(a)(12). BILLING CODE 4710–05–P

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Part II

The President Proclamation 8476—National African American History Month, 2010 Proclamation 8477—American Heart Month, 2010 Memorandum of February 3, 2010—A Comprehensive Federal Strategy on Carbon Capture and Storage

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Federal Register Presidential Documents Vol. 75, No. 24

Friday, February 5, 2010

Title 3— Proclamation 8476 of February 1, 2010

The President National African American History Month, 2010

By the President of the United States of America

A Proclamation

In the centuries since African Americans first arrived on our shores, they have known the bitterness of slavery and oppression, the hope of progress, and the triumph of the American Dream. African American history is an essential thread of the American narrative that traces our Nation’s enduring struggle to perfect itself. Each February, we recognize African American History Month as a moment to reflect upon how far we have come as a Nation, and what challenges remain. This year’s theme, ‘‘The History of Black Economic Empowerment,’’ calls upon us to honor the African Americans who overcame injustice and inequality to achieve financial inde- pendence and the security of self empowerment that comes with it. Nearly 100 years after the Civil War, African Americans still faced daunting challenges and indignities. Widespread racial prejudice inhibited their oppor- tunities, and institutional discrimination such as black codes and Jim Crow laws denied them full citizenship rights. Despite these seemingly impossible barriers, pioneering African Americans blazed trails for themselves and their children. They became skilled workers and professionals. They purchased land, and a new generation of black entrepreneurs founded banks, educational institutions, newspapers, hospitals, and businesses of all kinds. This month, we recognize the courage and tenacity of so many hard-working Americans whose legacies are woven into the fabric of our Nation. We are heirs to their extraordinary progress. Racial prejudice is no longer the steepest barrier to opportunity for most African Americans, yet substantial obstacles remain in the remnants of past discrimination. Structural inequal- ities—from disparities in education and health care to the vicious cycle of poverty—still pose enormous hurdles for black communities across Amer- ica. Overcoming today’s challenges will require the same dedication and sense of urgency that enabled past generations of African Americans to rise above the injustices of their time. That is why my Administration is laying a new foundation for long-term economic growth that helps more than just a privileged few. We are working hard to give small businesses much- needed credit, to slash tax breaks for companies that ship jobs overseas, and to give those same breaks to companies that create jobs here at home. We are also reinvesting in our schools and making college more affordable, because a world class education is our country’s best roadmap to prosperity. These initiatives will expand opportunities for African Americans, and for all Americans, but parents and community leaders must also be partners in this effort. We must push our children to reach for the full measure of their potential, just as the innovators who succeeded in previous genera- tions pushed their children to achieve something greater. In the volumes of black history, much remains unwritten. Let us add our own chapter, full of progress and ambition, so that our children’s children will know that we, too, did our part to erase an unjust past and build a brighter future.

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NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim February 2010 as National African American History Month. I call upon public officials, edu- cators, librarians, and all the people of the United States to observe this month with appropriate programs, ceremonies, and activities. IN WITNESS WHEREOF, I have hereunto set my hand this first day of February, in the year of our Lord two thousand ten, and of the Independence of the United States of America the two hundred and thirty-fourth.

[FR Doc. 2010–2742 Filed 2–4–10; 11:15 am] Billing code 3195–W0–P

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Proclamation 8477 of February 1, 2010

American Heart Month, 2010

By the President of the United States of America

A Proclamation Heart disease is the leading cause of death in the United States. Its victims are women and men, and people of all backgrounds and ethnicities, in all regions of our country. Although heart disease is one of our Nation’s most costly and widespread health problems, it is among the most prevent- able. During American Heart Month, we rededicate ourselves to fighting this disease by improving our own heart-healthy habits, and by raising awareness in our homes and our communities. Protecting our families from heart disease requires each of us to take responsi- bility for our health and that of our children—including exercising regularly, maintaining a healthy diet, avoiding tobacco, and raising our children to spend more time playing outside. Because obesity is a leading risk factor for heart disease, good nutrition and physical activity are crucial for all our families. This month, we honor the health-care professionals, researchers, and heart health ambassadors who save lives and spare suffering. Every day, these dedicated individuals put themselves on the front lines of our fight against heart disease. To better equip them, my Administration is investing in cutting-edge research, such as a large DNA sequencing study funded by the National Institutes of Health which could unlock earlier treatment options for high-risk individuals. The National Heart, Lung, and Blood Institute is sponsoring The Heart Truth campaign, which reminds women of their risk for heart disease and empowers them to reduce it. On Friday, February 5, Michelle and I encourage all Americans to recognize the campaign’s National Wear Red Day by wearing red or the campaign’s Red Dress Pin to support women’s heart disease awareness and remind all women about their risk for heart disease. In acknowledgement of the importance of the ongoing fight against cardio- vascular disease, the Congress, by Joint Resolution approved December 30, 1963, as amended (77 Stat. 843; 36 U.S.C. 101), has requested that the President issue an annual proclamation designating February as ‘‘American Heart Month.’’ NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, do hereby proclaim February 2010 as American Heart Month, and I invite all Americans to participate in National Wear Red Day on February 5, 2010. I also invite the Governors of the States, the Commonwealth of Puerto Rico, officials of other areas subject to the jurisdiction of the United States, and the American people to join me in recognizing and reaffirming our commitment to fighting cardiovascular disease.

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IN WITNESS WHEREOF, I have hereunto set my hand this first day of February, in the year of our Lord two thousand ten, and of the Independence of the United States of America the two hundred and thirty-fourth.

[FR Doc. 2010–2743 Filed 2–4–10; 11:15 am] Billing code 3195–W0–P

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Memorandum of February 3, 2010

A Comprehensive Federal Strategy on Carbon Capture and Storage

Memorandum for the Secretary of State[,] the Secretary of the Treasury[,] the Attorney General[,] the Secretary of the Interior[,] the Secretary of Agriculture[,] the Secretary of Commerce[,] the Secretary of Labor[,] the Secretary of Transportation[,] the Secretary of Energy[,] the Director of the Office of Management and Budget[,] the Administrator of the Environ- mental Protection Agency[,] the Chairman of the Federal Energy Regu- latory Commission[,] the Director of the Office of Science and Technology Policy[, and] the Chair of the Council on Environmental Quality

For decades, the coal industry has supported quality high-paying jobs for American workers, and coal has provided an important domestic source of reliable, affordable energy. At the same time, coal-fired power plants are the largest contributor to U.S. greenhouse gas emissions and coal accounts for 40 percent of global emissions. Charting a path toward clean coal is essential to achieving my Administration’s goals of providing clean energy, supporting American jobs, and reducing emissions of carbon pollution. Rapid commercial development and deployment of clean coal technologies, particu- larly carbon capture and storage (CCS), will help position the United States as a leader in the global clean energy race. My Administration is already pursuing a set of concrete initiatives to speed the commercial development of safe, affordable, and broadly deployable CCS technologies. We have made the largest Government investment in carbon capture and storage of any nation in history, and these investments are being matched by private capital. The Department of Energy is conducting a comprehensive clean coal technology program including research, develop- ment, and demonstration of CCS technologies and is pursuing important international cooperative initiatives to spur demonstration and deployment of CCS. The Environmental Protection Agency is developing regulations that address the safety, efficacy, and environmental soundness of injecting and storing carbon dioxide underground. The Department of the Interior is assessing, in coordination with the Department of Energy, the country’s geologic capacity to store carbon dioxide and promoting geological storage demonstration projects on public lands. All of this work builds on the firm scientific basis that now exists for the viability of CCS technology. To further this work and develop a comprehensive and coordinated Federal strategy to speed the commercial development and deployment of clean coal technologies, I hereby establish an Interagency Task Force on Carbon Capture and Storage (Task Force). You shall each designate a senior official from your respective agency to serve on the Task Force, which shall be Co-Chaired by the designees from the Department of Energy and the Environ- mental Protection Agency. The Task Force shall develop within 180 days of the date of this memo- randum a proposed plan to overcome the barriers to the widespread, cost- effective deployment of CCS within 10 years, with a goal of bringing 5 to 10 commercial demonstration projects online by 2016. The plan should explore incentives for commercial CCS adoption and address any financial, economic, technological, legal, institutional, social, or other barriers to de- ployment. The Task Force should consider how best to coordinate existing

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administrative authorities and programs, including those that build inter- national collaboration on CCS, as well as identify areas where additional administrative authority may be necessary. The Co-Chairs shall report progress periodically to the President through the Chair of the Council on Environmental Quality. Ultimately, comprehensive energy and climate legislation that puts a cap on carbon pollution will provide the largest incentive for CCS because it will create stable, long-term, market-based incentives to channel private investment in low-carbon technologies. My Administration’s new CCS strat- egy will pave the way for this energy transition by identifying and removing barriers to rapid commercial deployment and by providing greater legal and regulatory clarity. This will help to spur private investment in CCS in the near term—investment that will create good jobs and benefit commu- nities. This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations. 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. The Secretary of Energy is hereby authorized and directed to publish this memorandum in the Federal Register.

THE WHITE HOUSE, WASHINGTON, February 3, 2010

[FR Doc. 2010–2744 Filed 2–4–10; 11:15 am] Billing code 6450–01–P

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Reader Aids Federal Register Vol. 75, No. 24 Friday, February 5, 2010

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING FEBRUARY

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. 21 CFR Presidential Documents 3 CFR Executive orders and proclamations 741–6000 Proclamations: 73...... 5887 558...... 5887 The United States Government Manual 741–6000 8476...... 6083 8477...... 6085 1309...... 4973 Other Services Executive Orders: 24 CFR Electronic and on-line services (voice) 741–6020 13530...... 5481 201...... 5706 Privacy Act Compilation 741–6064 Administrative Orders: 203...... 5706 Public Laws Update Service (numbers, dates, etc.) 741–6043 Notices: 3280...... 5888 TTY for the deaf-and-hard-of-hearing 741–6086 Notice of February 2, 3282...... 5888 2010 ...... 5675 Memorandums: ELECTRONIC RESEARCH 26 CFR Memo. of January 29, World Wide Web 2010 ...... 5485 54...... 5452 Full text of the daily Federal Register, CFR and other publications Memorandum of Proposed Rules: is located at: http://www.gpoaccess.gov/nara/index.html February 3, 2010 ...... 6087 1...... 5253 54...... 5410 Federal Register information and research tools, including Public 5 CFR Inspection List, indexes, and links to GPO Access are located at: 28 CFR http://www.archives.gov/federallregister Proposed Rules: 2423...... 5003 0...... 4982 E-mail 6 CFR 29 CFR FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is an open e-mail service that provides subscribers with a digital 5...... 5487, 5491 2590...... 5410 Proposed Rules: form of the Federal Register Table of Contents. The digital form 7 CFR of the Federal Register Table of Contents includes HTML and 403...... 5456 PDF links to the full text of each document. 247...... 5877 1910...... 5545, 5707 925...... 5879 2509...... 5253 To join or leave, go to http://listserv.access.gpo.gov and select 944...... 5879 2520...... 5253 Online mailing list archives, FEDREGTOC-L, Join or leave the list Proposed Rules: 2550...... 5253 (or change settings); then follow the instructions. 929...... 5898, 5900 PENS (Public Law Electronic Notification Service) is an e-mail 1720...... 5902 30 CFR service that notifies subscribers of recently enacted laws. Proposed Rules: 8 CFR To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 57...... 5009 and select Join or leave the list (or change settings); then follow 1...... 5225 75...... 5009 the instructions. 292...... 5225 31 CFR FEDREGTOC-L and PENS are mailing lists only. We cannot 10 CFR 548...... 5502 respond to specific inquiries. 50...... 5495 Reference questions. Send questions and comments about the Proposed Rules: 32 CFR Federal Register system to: [email protected] 431...... 5544 706...... 5235 The Federal Register staff cannot interpret specific documents or 14 CFR regulations. 33 CFR 39 ...... 5677, 5681, 5684, 5685, 165...... 5511 Reminders. Effective January 1, 2009, the Reminders, including 5689 5690, 5692, 5695 Proposed Rules: Rules Going Into Effect and Comments Due Next Week, no longer 43...... 5204 165...... 5907 appear in the Reader Aids section of the Federal Register. This 61...... 5204 information can be found online at http://www.regulations.gov. 91...... 5204 37 CFR CFR Checklist. Effective January 1, 2009, the CFR Checklist no 97...... 5230, 5232 382...... 5513 longer appears in the Federal Register. This information can be 141...... 5204 found online at http://bookstore.gpo.gov/. 314...... 5697 Proposed Rules: 331...... 5234 41...... 5012 FEDERAL REGISTER PAGES AND DATE, FEBRUARY Proposed Rules: 39 CFR 71 ...... 5007, 5702, 5703, 5704, 4973–5224...... 1 5904, 5905 3020...... 5236 5225–5480...... 2 15 CFR 40 CFR 5481–5674...... 3 902...... 5498 9...... 4983 5675–5876...... 4 52...... 5514, 5698 5877–6088...... 5 18 CFR 180 ...... 5515, 5518, 5522, 5526 284...... 5178 721...... 4983 Proposed Rules: 20 CFR 52...... 5707 10...... 5499 228...... 5708

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320...... 5715 48 CFR 28...... 5716 390...... 4996 721...... 5546 512...... 5241 32...... 5716 578...... 5224 552...... 5241 36...... 5716 599...... 5248 42...... 5716 44 CFR Proposed Rules: Proposed Rules: 43...... 5716 23...... 5551 64...... 5890, 5893 1...... 5716 50...... 5716 2...... 5716 40...... 5722 67...... 5894 52...... 5716 107...... 5258 Proposed Rules: 3...... 5716 49 CFR 571...... 5553 67 ...... 5909, 5925, 5929, 5930 5...... 5716 6...... 5716 572...... 5931 7...... 5243 1244...... 5261 7...... 5716 10...... 5243 45 CFR 8...... 5716 26...... 5535 50 CFR 146...... 5410 12...... 5716 40...... 5243 13...... 5716 171...... 5376 648...... 5498, 5537 15...... 5716 172...... 5376 679...... 5251, 5541 47 CFR 16...... 5716 173...... 5376 Proposed Rules: 80...... 5241 17...... 5716 174...... 5376 17...... 5263, 5732 Proposed Rules: 19...... 5716 178...... 5376 226...... 5015 52...... 5013 22...... 5716 192...... 5224, 5536 300...... 5745 73...... 5015 23...... 5716 195...... 5536 648...... 5016

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located at 76 Brookside H.R. 3767/P.L. 111–134 H.R. 4508/P.L. 111–136 Avenue in Chester, New York, LIST OF PUBLIC LAWS To designate the facility of the To provide for an additional as the ‘‘1st Lieutenant Louis United States Postal Service temporary extension of Allen Post Office’’. (Jan. 29, located at 170 North Main programs under the Small This is the final list of public 2010; 123 Stat. 3488) bills from the 1st session of Street in Smithfield, Utah, as Business Act and the Small Congress which have become H.R. 3072/P.L. 111–130 the ‘‘W. Hazen Hillyard Post Business Investment Act of Federal laws. It may be used To designate the facility of the Office Building’’. (Jan. 29, 1958, and for other purposes. in conjunction with ‘‘P L U S’’ United States Postal Service 2010; 123 Stat. 3493) (Jan. 29, 2010; 124 Stat. 6; 1 (Public Laws Update Service) located at 9810 Halls Ferry H.R. 3788/P.L. 111–135 page) on 202–741–6043. This list is Road in St. Louis, Missouri, To designate the facility of the S. 692/P.L. 111–138 also available online at http:// as the ‘‘Coach Jodie Bailey United States Postal Service www.archives.gov/federal- Post Office Building’’. (Jan. To provide that claims of the located at 3900 Darrow Road register/laws.html. 29, 2010; 123 Stat. 3489) United States to certain in Stow, Ohio, as the documents relating to Franklin The text of laws is not H.R. 3319/P.L. 111–131 ‘‘Corporal Joseph A. Tomci Delano Roosevelt shall be published in the Federal To designate the facility of the Post Office Building’’. (Jan. treated as waived and Register but may be ordered United States Postal Service 29, 2010; 123 Stat. 3494) relinquished in certain in ‘‘slip law’’ (individual located at 440 South Gulling H.R. 1377/P.L. 111–137 circumstances. (Feb. 1, 2010; pamphlet) form from the Street in Portola, California, as 124 Stat. 7; 1 page) Superintendent of Documents, the ‘‘Army Specialist Jeremiah To amend title 38, United Last List February 1, 2010 U.S. Government Printing Paul McCleery Post Office States Code, to expand Office, Washington, DC 20402 Building’’. (Jan. 29, 2010; 123 veteran eligibility for (phone, 202–512–1808). The Stat. 3490) reimbursement by the Secretary of Veterans Affairs text will also be made H.R. 3539/P.L. 111–132 Public Laws Electronic available on the Internet from for emergency treatment To designate the facility of the Notification Service GPO Access at http:// furnished in a non-Department United States Postal Service (PENS) www.gpoaccess.gov/plaws/ facility, and for other located at 427 Harrison index.html. Some laws may purposes. (Feb. 1, 2010; 123 Avenue in Harrison, New not yet be available. Stat. 3495) Jersey, as the ‘‘Patricia D. PENS is a free electronic mail H.R. 1817/P.L. 111–128 McGinty-Juhl Post Office notification service of newly enacted public laws. To To designate the facility of the Building’’. (Jan. 29, 2010; 123 This is a continuing list of subscribe, go to http:// United States Postal Service Stat. 3491) public bills from the current listserv.gsa.gov/archives/ located at 116 North West H.R. 3667/P.L. 111–133 session of Congress which publaws-l.html Street in Somerville, To designate the facility of the have become Federal laws. It Tennessee, as the ‘‘John S. United States Postal Service may be used in conjunction Note: This service is strictly Wilder Post Office Building’’. located at 16555 Springs with ‘‘P L U S’’ (Public Laws for E-mail notification of new (Jan. 29, 2010; 123 Stat. Street in White Springs, Update Service) on 202–741– laws. The text of laws is not 3487) Florida, as the ‘‘Clyde L. 6043. This list is also available through this service. H.R. 2877/P.L. 111–129 Hillhouse Post Office available online at http:// PENS cannot respond to To designate the facility of the Building’’. (Jan. 29, 2010; 123 www.archives.gov/federal- specific inquiries sent to this United States Postal Service Stat. 3492) register/laws.html. address.

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