12–31–09 Thursday Vol. 74 No. 250 Dec. 31, 2009

Pages 69243–69676

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Contents Federal Register Vol. 74, No. 250

Thursday, December 31, 2009

Agency for Healthcare Research and Quality Energy Information Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 69341–69343 Submissions, and Approvals, 69334–69335 Meetings: Health Care Policy and Research Special Emphasis Panel, Environmental Protection Agency 69351 PROPOSED RULES Proposed Revocation of Significant New Use Rule on a Agriculture Department Certain Chemical Substance, 69320–69322 See Food and Nutrition Service NOTICES See Forest Service Assessment of Decision-Making Processes: Feasibility of Incorporating Climate Change Information Army Department into Land Protection Planning, 69335–69337 NOTICES Cross-Media Electronic Reporting Rule State Approved Agency Information Collection Activities; Proposals, Program Revision Approval: Submissions, and Approvals, 69332–69333 Illinois, 69337 Environmental Impact Statements; Availability, etc.: Environmental Impact Statements; Availability, etc.: Development and Implementation of Range-Wide Mission Availability of EPA Comments, 69337–69338 and Major Capabilities at White Sands Missile Range; Weekly Receipt, 69338 New Mexico, 69333 Executive Office of the President Centers for Medicare & Medicaid Services See Science and Technology Policy Office RULES Medicare Program: Changes to the Hospital Outpatient Prospective Payment Federal Aviation Administration System and CY 2010 Payment Rates, etc., 69502– RULES 69676 Airworthiness Directives: Airbus Model A380–841, –842, and –861 Airplanes, Commerce Department 69260–69262 See Foreign–Trade Zones Board Boeing Company Model 737–100, –200, –200C, –300, See International Trade Administration –400, and –500 Series Airplanes, 69264–69267 See National Oceanic and Atmospheric Administration Construcciones Aeronauticas, S.A. (CASA), Model CN– 235, CN–235–100, CN–235–200, and CN–235–300 Commodity Futures Trading Commission Airplanes, 69247–69249 Empresa Brasileira de Aeronautica S.A. (EMBRAER) RULES Model ERJ 170 Airplanes, and Model ERJ 190–100 Revised Adjusted Net Capital Requirements for Futures LR, et al. Airplanes, 69262–69264 Commission Merchants and Introducing Brokers, Engine Components, Inc. (ECi) Reciprocating Engine 69279–69283 Cylinder Assemblies, 69252–69259 General Electric Company (GE) CF34–1A, CF34–3A, and Defense Department CF34–3B Series Turbofan Engines; Delay of Effective See Army Department NOTICES Date, 69259–69260 Agency Information Collection Activities; Proposals, McDonnell Douglas Corporation Model DC–10–10, DC– Submissions, and Approvals, 69331–69332 10–10F, DC–10–15, DC–10–30, DC–10–30F (KC–10A and KDC–10), et al. Airplanes, 69268–69271 Department of Transportation McDonnell Douglas Corporation Model MD–11 and MD– See Pipeline and Hazardous Materials Safety 11F Airplanes, 69249–69252 Administration Amendment of Class E Airspace: Myrtle Beach, SC, 69271–69272 Education Department Establishment of a Special Air Traffic Rule in the Vicinity of Luke Air Force Base (AFB), AZ., 69272–69279 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 69333–69334 Federal Communications Commission RULES Employee Benefits Security Administration Implementation of Section 1003(b) of the Department of NOTICES Defense Appropriations Act, 2010, 69285–69286 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 69363–69367 Federal Reserve System PROPOSED RULES Energy Department Reserve Requirements of Depository Institutions: See Energy Information Administration Policy on Payment System Risk, 69301–69304

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Federal Transit Administration International Trade Administration NOTICES NOTICES American Recovery and Reinvestment Act Public Request for Comments on Priorities for the Transatlantic Transportation on Indian Reservations Program: Innovation Dialogue, 69330–69331 Project Selections and Tribal Transit Program Fiscal Year 2009 Project Selections; Correction, 69370–69373 Labor Department See Employee Benefits Security Administration Fiscal Service NOTICES Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 69363 Prompt Payment Interest Rate: Contract Disputes Act, 69379–69380 National Highway Traffic Safety Administration NOTICES Food and Nutrition Service Ford Motor Company, Grant of Petition for Decision of RULES Inconsequential Noncompliance, 69373–69375 Special Supplemental Nutrition Program for Women, Volvo Cars of North America, LLC, Grant of Petition for Infants and Children (WIC): Decision of Inconsequential Noncompliance, 69376– Revisions in the WIC Food Packages Rule to Increase 69377 Cash Value Vouchers for Women, 69243–69247 National Institutes of Health Foreign–Trade Zones Board NOTICES NOTICES Agency Information Collection Activities; Proposals, Application for Reorganization/Expansion: Submissions, and Approvals, 69340–69341 Foreign Trade Zone 152; Burns Harbor, IN, 69329 Availability for Licensing: Application for Subzone: Government-Owned Inventions, 69343–69351 Foreign Trade Zone 230; Greensboro, NC, 69329–69330 Meetings: National Insitute on Alcohol Abuse and Alcoholism, Forest Service 69352 NOTICES National Institute on Drug Abuse, 69351–69352 Environmental Impact Statements; Availability, etc.: National Library of Medicine, 69351 Bend/Ft. Ranger District; Deschutes National Forest; National Oceanic and Atmospheric Administration Deschutes County, OR; Ogden Landscape Vegetation Management Project EIS, 69325–69326 RULES Fisheries of the Northeastern United States: Klamath National Forest, CA, Johnny O’Neil Late Summer Flounder Fishery; Quota Transfer, 69287 Successional Reserve (LSR) Habitat Restoration and PROPOSED RULES Fuel Reduction Project, 69326–69328 Availability of Amendment 31 to the Fishery Management Kootneai National Forest; Lincoln County, MT, 69324– Plan: 69325 Fisheries of the Caribbean, Gulf of Mexico, and South Meetings: Atlantic; Reef Fish Fishery of the Gulf of Mexico, Ketchikan Resource Advisory Committee, 69328 69322–69323 Southwest Idaho Resource Advisory Committee, 69328– Magnuson-Stevens Fishery Conservation and Management 69329 Act Provisions: Fisheries of Northeastern United States; Northeast (NE) Health and Human Services Department Multispecies Fishery (Amendment 16), 69382–69466 See Agency for Healthcare Research and Quality NOTICES See Centers for Medicare & Medicaid Services Approval and Availability for the Revised Management See Indian Health Service Plan: See National Institutes of Health Jacques Cousteau National Estuarine Research Reserve, 69330 Homeland Security Department See U.S. Citizenship and Immigration Services Personnel Management Office See U.S. Customs and Border Protection PROPOSED RULES Federal Employees Group Life Insurance Program: Housing and Urban Development Department Miscellaneous Changes, Clarifications, and Corrections, NOTICES 69288–69301 Federal Property Suitable as Facilities to Assist the Homeless, 69361 Pipeline and Hazardous Materials Safety Administration Notice of Regulatory Waiver Requests Granted for the Third RULES Quarter of Calendar Year 2009, 69468–69500 Pipeline Safety: Integrity Management Program for Gas Distribution Pipelines, 69286–69287 Indian Health Service NOTICES Postal Regulatory Commission Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 69338–69340 Postal Product Price Changes, 69367–69368 Interior Department Public Debt Bureau See Reclamation Bureau See Fiscal Service

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Reclamation Bureau U.S. Citizenship and Immigration Services NOTICES NOTICES Glen Canyon Dam Adaptive Management Program, 69361– Agency Information Collection Activities; Proposals, 69362 Submissions, and Approvals, 69352–69355 Extension of the Designation of Sudan for Temporary Science and Technology Policy Office Protected Status, 69355–69361 NOTICES Public Access Policies for Science and Technology Funding U.S. Customs and Border Protection Agencies Across the Federal Government, 69368–69370 NOTICES Surface Transportation Board Cancellation of Customs Broker Licenses, 69355 NOTICES Continuance in Control Exemption: Veterans Affairs Department Paul Didelius; YCR Corp., 69373 RULES Lease and Operation Exemption: Copayments for Medications, 69283–69285 Burlington Shortline Railroad, Inc. d/b/a Burlington PROPOSED RULES Junction Railway–BNSF Railway Company, 69375 State Cemetery Grants, 69304–69320 Temporary Trackage Rights Exemption: Union Pacific Railroad Co., BNSF Railway Co., 69375– 69376 Separate Parts In This Issue Trackage Rights Exemption: Indiana Rail Road Co.; CSX Transportation, Inc., 69376 Part II Thrift Supervision Office Commerce Department, National Oceanic and Atmospheric NOTICES Administration, 69382–69466 Appointment of Receiver: First Federal Bank of California, Santa Monica, CA, Part III 69379 Housing and Urban Development Department, 69468–69500 New South Federal Savings Bank, Irondale, AL, 69379 Peoples First Community Bank, Panama City, FL, 69379 Part IV Transportation Department Health and Human Services Department, Centers for See Federal Aviation Administration Medicare & Medicaid Services, 69502–69676 See Federal Transit Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Reader Aids Administration Consult the Reader Aids section at the end of this page for See Surface Transportation Board phone numbers, online resources, finding aids, reminders, Treasury Department and notice of recently enacted public laws. See Fiscal Service To subscribe to the Federal Register Table of Contents See Thrift Supervision Office LISTSERV electronic mailing list, go to http:// NOTICES listserv.access.gpo.gov and select Online mailing list Agency Information Collection Activities; Proposals, archives, FEDREGTOC-L, Join or leave the list (or change Submissions, and Approvals, 69377–69379 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.

5 CFR Proposed Rules: 870...... 69288 7 CFR 246...... 69243 12 CFR Proposed Rules: 204...... 69301 14 CFR 39 (8 documents) ...... 69247, 69249, 69252, 69259, 69260, 69262, 69264, 69268 71...... 69271 93...... 69272 17 CFR 1...... 69279 38 CFR 17...... 69283 Proposed Rules: 39...... 69304 40 CFR Proposed Rules: 721...... 69320 42 CFR 410...... 69502 416...... 69502 419...... 69502 47 CFR 76...... 69285 49 CFR 192...... 69286 50 CFR 648...... 69287 Proposed Rules: 622...... 69322 648...... 69382

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Rules and Regulations Federal Register Vol. 74, No. 250

Thursday, December 31, 2009

This section of the FEDERAL REGISTER 111–80), enacted on October 21, 2009, Background contains regulatory documents having general provides the funding for this increase. An interim rule revising the WIC food applicability and legal effect, most of which are keyed to and codified in the Code of DATES: Effective Date: This rule is packages was published in the Federal Federal Regulations, which is published under effective on December 31, 2009. State Register on December 6, 2007 (72 FR 50 titles pursuant to 44 U.S.C. 1510. agencies may begin applying the 68966). The interim rule revisions provisions set forth in this rule largely reflected recommendations made The Code of Federal Regulations is sold by beginning October 21, 2009. by the IOM of the National Academies the Superintendent of Documents. Prices of Implementation Date: State agencies in its report, ‘‘WIC Food Packages: Time new books are listed in the first FEDERAL for a Change,’’ with certain cost REGISTER issue of each week. must implement the provisions of this rule no later than April 30, 2010. containment and administrative modifications found necessary by the Comment Date: To be considered, Department to ensure cost neutrality. DEPARTMENT OF AGRICULTURE comments on this interim rule must be Based on cost constraints, the postmarked on or before February 1, Food and Nutrition Service Department was not able to provide all 2010. women participants fruit and vegetable 7 CFR Part 246 ADDRESSES: The Food and Nutrition cash value vouchers at IOM’s Service, USDA, invites interested recommended amount. To be cost [FNS–2006–0037] persons to submit comments on this neutral, only fully breastfeeding women were provided the IOM recommended RIN 0584–AD77 interim rule. Comments may be submitted by one of the following amount of $10.00 per month fruit and Special Supplemental Nutrition methods: vegetable cash value vouchers; all other Program for Women, Infants and • Federal e-Rulemaking Portal: Go to women participants were provided $8.00 per month fruit and vegetable Children (WIC) Revisions in the WIC http://www.regulations.gov. Preferred cash value vouchers. This rule amends Food Packages Rule To Increase Cash method; follow the online instructions the interim rule to provide all WIC Value Vouchers for Women for submitting comments on docket women participants with $10.00 per FNS–2006–0037. AGENCY month fruit and vegetable cash value : Food and Nutrition Service • (FNS), USDA. Mail: Comments should be vouchers, consistent with IOM’s addressed to Debra Whitford, Director, ACTION: Interim rule. recommendations. The funding for this Supplemental Food Programs Division, increase is provided by the Fiscal Year SUMMARY: This rule increases the Food and Nutrition Service, USDA, 2010 Agriculture, Rural Development, amount of cash value vouchers from 3101 Park Center Drive, Room 528, Food and Drug Administration, and $8.00 to $10.00 issued to pregnant, Alexandria, Virginia 22302, (703) 305– Related Agencies Appropriation Act, postpartum and partially breastfeeding 2746. Public Law 111–80, enacted on October women participants for the purchase of • Hand Delivery or Courier: Deliver 21, 2009. comments to Debra Whitford, Director, fruits and vegetables as part of the WIC Executive Order 12866 food packages. In the ‘‘WIC Food Supplemental Food Programs Division, Package’’ interim rule published Food and Nutrition Service, USDA, The Office of Management and Budget December 6, 2007, the Department was 3101 Park Center Drive, Room 528, designated this rule as not significant not able to provide all women Alexandria, Virginia 22302, (703) 305– under Executive Order 12866; therefore, participants fruit and vegetable cash 2746. Hours of operation: 8:30 a.m.–5:30 no OMB review is required. value vouchers at the level p.m., Monday through Friday. Regulatory Flexibility Act recommended by the National All comments submitted in response The Food, Nutrition and Consumer Academies’ Institute of Medicine (IOM). to this interim rule will be included in Services has certified that this rule will To be cost neutral, only fully the record and will be made available to not have a significant economic impact breastfeeding women were provided the the public. Please be advised that the on a substantial number of small IOM recommended amount of $10.00 substance of the comments and the entities. The provisions of this rule are per month fruit and vegetable cash identity of the individuals or entities applicable to all State and local value vouchers; all other women submitting the comments will be subject agencies, vendors and farmers and participants were provided $8.00 per to public disclosure. FNS will make the farmers’ markets regardless of their size month fruit and vegetable cash value comments publicly available on the or the volume of WIC business they vouchers. This rule amends the interim Internet via http://www.regulations.gov. conduct. rule to provide all Special Supplemental FOR FURTHER INFORMATION CONTACT: Regulatory Impact Analysis Nutrition Program for Women, Infants, Sandy Clark, Chief, Policy and Program and Children (WIC) women participants Development Branch, Supplemental This rule has been designated as not with $10.00 per month fruit and Food Programs Division, Food and significant by the Office of Management vegetable cash value vouchers, Nutrition Service, USDA, 3101 Park and Budget; therefore, a Regulatory consistent with IOM’s Center Drive, Room 528, Alexandria, Impact Analysis (RIA) is not necessary. recommendations. The Fiscal Year 2010 Virginia 22302, (703) 305–2746, or Need for Action Agriculture Rural Development, Food [email protected]. and Drug Administration, and Related This action amends the interim rule to Agencies Appropriations Act (Pub. L. SUPPLEMENTARY INFORMATION: provide all women WIC participants

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with $10.00 per month in cash value requires intergovernmental consultation women participants were provided vouchers for fruits and vegetables as with State and local officials. $8.00 per month fruit and vegetable recommended by the Institute of cash value vouchers. Federalism Summary Impact Statement Medicine. IOM’s intent was to move 3. Extent to Which We Meet Those WIC participants toward increased fruit Executive Order 13132 requires Concerns and vegetable consumption. Federal agencies to consider the impact of their regulatory actions on State and This rule amends the December 6, Benefits local governments. Where such actions 2007 Interim Rule to provide all WIC The increase in the cash value have federalism implications, agencies women participants with $10.00 per vouchers for women participants will are directed to provide a statement for month fruit and vegetable cash value improve their ability to increase their inclusion in the preamble to the vouchers, consistent with IOM’s consumption of fruits and vegetables. regulations describing the agency’s recommendations. considerations in terms of the three WIC authorized vendors will also Executive Order 12988 realize increased sales by the categories called for under section implementation of this provision. (6)(b)(2)(B) of Executive Order 13132. This rule has been reviewed under Executive Order 12988, Civil Justice Costs 1. Prior Consultation With WIC State Reform. This rule is not intended to and Local Agency Officials have preemptive effect with respect to The provisions of this interim rule are Over the years FNS has received not expected to increase significantly any State or local laws, regulations or numerous requests from WIC State and policies which conflict with its the administrative burden to the local agencies to modify the current Department or to State agencies, nor provisions or which would otherwise food packages to permit greater impede its full implementation. This will they affect overall program costs substitution of foods or introduction of since the WIC Program is funded by an rule is not intended to have retroactive additional foods. These requests have DATES annual appropriation. effect unless specified in the come from formal and informal section of this preamble. Prior to any Public Law 104–4 discussions with State and local judicial challenge to the provisions of officials on an ongoing basis regarding this rule or the application of its Title II of the Unfunded Mandates program implementation and food provisions, all applicable administrative Reform Act of 1995 (UMRA), Public package policy issues, and from written procedures must be exhausted. Law 104–4, establishes requirements for proposals and comments submitted to Federal agencies to assess the effects of FNS by WIC State and local agencies to Civil Rights Impact Analysis their regulatory actions on State, local, allow modifications and/or FNS has reviewed this rule in and tribal governments and the private substitutions to the WIC food packages. accordance with Departmental sector. Under Section 202 of the UMRA, Requests for revisions to the WIC food Regulations 4300–4, ‘‘Civil Rights FNS generally must prepare a written packages have also been received from Impact Analysis’’, and 1512–1, statement, including a cost-benefit Congress, participants, and ‘‘Regulatory Decision Making analysis, for proposed and final rules organizations with interests in the Requirements.’’ FNS has determined with ‘‘Federal mandates’’ that may welfare of WIC participants. FNS that this interim rule’s intent and result in expenditures by State, local, or commissioned the National Academies’ provisions will not adversely affect tribal governments in the aggregate, or IOM to independently review the WIC access to WIC services by eligible to the private sector, of $100 million or Food Packages. IOM solicited public persons. All data available to FNS more in any one year. When such a comment on revisions to the WIC food indicate that protected individuals have statement is needed for a rule, Section packages, via 3 public hearings, letters the same opportunity to participate in 205 of the UMRA generally requires and e-mail, throughout its 22-month WIC as non-protected individuals. FNS FNS to identify and consider a study period. IOM published its reports specifically prohibits State and local reasonable number of regulatory of these recommendations on April 27, agencies operating the WIC Program alternatives and adopt the least costly, 2005: ‘‘WIC Food Packages: Time for a from discrimination based on race, more cost-effective or least burdensome Change.’’ Based largely on the color, national origin, gender, age, and alternative that achieves the objectives recommendations from this report, with disability. Discrimination in any aspect of the rule. certain cost containment and of program administration is prohibited This interim rule contains no Federal administrative modifications found by Department of Agriculture mandates (under the regulatory necessary by the Department to ensure regulations on non-discrimination (7 provisions of Title II of the UMRA) for cost neutrality, an interim rule revising CFR Parts 15, 15a, and 15b), the Age State, local or tribal governments or the the WIC food packages was published in Discrimination Act of 1975 (Pub. L. 94– private sector of $100 million or more the Federal Register on December 6, 135), the Rehabilitation Act of 1973 in any one year. Thus, the rule is not 2007 (72 FR 68966). (Pub. L. 93–112, section 504), and title subject to the requirements of sections VI of the Civil Rights Act of 1964 (42 2. Nature of Concerns and the Need To 202 and 205 of the UMRA. U.S.C. 2000d). Enforcement action may Issue This Rule Executive Order 12372 be brought under any applicable Federal Based on cost constraints, the law. Title VI complaints shall be The Special Supplemental Nutrition Department was not able to provide all processed in accordance with 7 CFR Program for Women, Infants and women participants fruit and vegetable Part 15. Children (WIC) is listed in the Catalog cash value vouchers at IOM’s of Federal Domestic Assistance under recommended amount in the December Paperwork Reduction Act No. 10.557. For reasons set forth in the 6, 2007 interim rule. To be cost neutral, The Paperwork Reduction Act of 1995 final rule at 7 CFR part 3015, Subpart V only fully breastfeeding women were (44 U.S.C. Chap. 35; see 5 CFR part and related Notice (48 FR 29115, June provided the IOM recommended 1320) requires the Office of Management 24, 1983), this Program is included in amount of $10.00 per month fruit and and Budget (OMB) approve all the scope of Executive Order 12372, that vegetable cash value vouchers; all other collections of information by a Federal

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agency before they can be implemented. afforded the immediate opportunity to Infants and children, Maternal and child Respondents are not required to respond benefit from increased access to fruits health, Nutrition education, Public to any collection of information unless and vegetables. As the funding increases assistance programs, WIC, Women. it displays a current valid OMB control fruit and vegetable cash value vouchers ■ Accordingly, for the reasons set forth number. This rule does not contain to the amount recommended by the IOM in the preamble, 7 CFR Part 246 is information collection requirements to improve the nutrition of women amended to read as follows: subject to approval by OMB under the participants, the Department finds that Paperwork Reduction Act of 1995. delaying the effective date of this rule PART 246—SPECIAL SUPPLEMENTAL would be contrary to the public interest. NUTRITION PROGRAM FOR WOMEN, E-Government Act Compliance As such, it has been determined, in INFANTS AND CHILDREN (WIC) The Food and Nutrition Service is accordance with 5 U.S.C. 553(b)(B), that ■ 1. The authority citation for 7 CFR committed to complying with the E- prior notice and comment would be part 246 continues to read as follows: Government Act, 2002 to promote the unnecessary, and that good cause exists use of the Internet and other for making this rule effective without Authority: 42 U.S.C. 1786. first publishing a proposed rule. information technologies to provide ■ 2. Sections 246.10(e)(10) and (e)(11) However, the Department will consider increased opportunities for citizen are revised to read as follows: access to Government information and all comments submitted in response to services, and for other purposes. this interim rule, in addition to the § 246.10 Supplemental foods. comments received on the interim WIC Good Cause Determination * * * * * Food Package rule published on (e) * * * As discussed above, the Fiscal Year December 6, 2007 (72 FR 68966). The (10) Maximum monthly allowances of 2010 Agriculture, Rural Development, comment period for both rules will end supplemental foods in Food Packages Food and Drug Administration, and on February 1, 2010. IV through VII. The maximum monthly Related Agencies Appropriations Act List of Subjects in 7 CFR Part 246 allowances, options and substitution (Pub. L. 111–80), enacted on October 21, rates of supplemental foods for children 2009, provided the funding for this Food assistance programs, Grant and women in Food Package IV through increase. Therefore, women should be programs—Social programs, Indians, VII are stated in Table 2 as follows:

TABLE 2—MAXIMUM MONTHLY ALLOWANCES OF SUPPLEMENTAL FOODS FOR CHILDREN AND WOMEN IN FOOD PACKAGES IV, V, VI AND VII

Children Women

1 Food Package VII: Fully Foods Food Package IV Food Package V: Pregnant Food Package VI: breastfeeding (up to 1 year 1 through 4 years and partially breastfeeding Postpartum (up to 6 months post- (up to 1 year postpartum) 2 postpartum) 3 partum)45

Juice, single 128 fl oz ...... 144 fl oz ...... 96 fl oz ...... 144 fl oz. strength 6. Milk, fluid ...... 16 qt 78910 ...... 22 qt 781112 ...... 16 qt 781112 ...... 24 qt 781112. Breakfast cereal 13 36 oz ...... 36 oz ...... 36 oz ...... 36 oz. Cheese ...... N/A ...... N/A ...... N/A ...... 1 lb. Eggs ...... 1 dozen ...... 1 dozen ...... 1 dozen ...... 2 dozen. Fruits and vegeta- $6.00 in cash value vouch- $10.00 in cash value vouch- $10.00 in cash value vouch- $10.00 in cash value vouch- bles 14 15. ers. ers. ers. ers. Whole wheat bread 2 lb ...... 1 lb ...... N/A ...... 1 lb. or other whole grains 16. Fish (canned) ...... N/A ...... N/A ...... N/A ...... 30 oz. Legumes, dry 17 .... 1 lb ...... 1 lb ...... 1 lb ...... 1 lb. And/or Or And Or And Peanut butter ...... 18 oz ...... 18 oz ...... 18 oz ...... 18 oz. Table 2 Footnotes: N/A = the supplemental food is not authorized in the corresponding food package. 1 Table 4 of paragraph (e)(12) of this section describes the minimum requirements and specifications for the supplemental foods. 2 Food Package V is issued to two categories of WIC participants: Women participants with singleton pregnancies and breastfeeding women whose partially breastfed infants receive formula from the WIC Program in amounts that do not exceed the maximum formula allowances for Food Packages I–BF/FF–A, I–BF/FF–B, I–BF/FF–C, or II–BF/FF, as appropriate for the age of the infant as described in Table 1 of paragraph (e)(9) of this section. 3 Food Package VI is issued to two categories of WIC participants: Non-breastfeeding postpartum women and breastfeeding postpartum women whose partially breastfed infants receive more than the maximum infant formula allowances for Food Packages I–BF/FF–A, I–BF/FF–B, I–BF/FF–C, or II–BF/FF, as appropriate for the age of the infant as described in Table 1 of paragraph (e)(9) of this section. 4 Food Package VII is issued to three categories of WIC participants: Fully breastfeeding women whose infants do not receive formula from the WIC Program; women pregnant with two or more fetuses; and women fully or partially breastfeeding multiple infants. 5 Women fully breastfeeding multiple infants are prescribed 1.5 times the maximum allowances. 6 Combinations of single-strength and concentrated juices may be issued provided that the total volume does not exceed the maximum month- ly allowance for single-strength juice. 7 Whole milk, as specified in FDA standards, is the only type of milk allowed for 1-year-old children (12 through 23 months). Reduced fat milks, as specified in FDA standards, i.e., 2% milk fat, are the only types of milk allowed for children ≥ 24 months of age and women. 8 Evaporated milk may be substituted at the rate of 16 fluid ounces of evaporated milk per 32 fluid ounces of fluid milk or a 1:2 fluid ounce sub- stitution ratio. Dry milk may be substituted at an equal reconstituted rate to fluid milk. When a combination of different milk forms is provided, the full maximum monthly fluid milk allowance must be provided.

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9 For children, cheese may be substituted for milk at the rate of 1 pound of cheese per 3 quarts of milk. No more than 1 lb. of cheese may be substituted for milk. With medical documentation, additional amounts of cheese may be substituted in cases of lactose intolerance or other quali- fying conditions, up to the maximum allowance for fluid milk. 10 For children, soy-based beverage and calcium-set tofu may be substituted for milk only with medical documentation for qualifying conditions. Soy-based beverage may be substituted for milk, with medical documentation, for children in Food Package IV on a quart for quart basis up to the total maximum allowance of milk. Tofu may be substituted for milk, with medical documentation, for children in Food Package IV at the rate of 1 pound of tofu per 1 quart of milk up to the total maximum allowance of milk. 11 For women, cheese or calcium-set tofu may be substituted for milk at the rate of 1 pound of cheese per 3 quarts of milk or 1 pound of tofu per 1 quart of milk. A maximum of 4 quarts of milk can be substituted in this manner in Food Packages V and VI; however, no more than 1 pound of cheese may be substituted for milk. A maximum of 6 quarts of milk can be substituted in this manner in Food Package VII; therefore, no more than 2 lbs. of cheese may be substituted for milk. With medical documentation, additional amounts of cheese or tofu may be sub- stituted, up to the maximum allowances for fluid milk, in cases of lactose intolerance or other qualifying conditions. 12 For women, soy-based beverage may be substituted for milk at the rate of 1 quart of soy-based beverage for 1 quart of milk up to the total maximum monthly allowance of milk. 13 At least one-half of the total number of breakfast cereals on the State agency’s authorized food list must have whole grain as the primary in- gredient and meet labeling requirements for making a health claim as a ‘‘whole grain food with moderate fat content’’ as defined in Table 4 of paragraph (e)(12) of this section. 14 Processed (canned, frozen, dried) fruits and vegetables may be substituted for fresh fruits and vegetables. Dried fruit and dried vegetables are not authorized for children in Food Package IV. 15 The monthly value of the fruit/vegetable cash-value vouchers will be adjusted annually for inflation as described in § 246.16(j). 16 Brown rice, bulgur (cracked wheat), oatmeal, whole-grain barley, soft corn or whole wheat tortillas may be substituted for whole wheat bread on an equal weight basis. 17 Canned legumes may be substituted for dried legumes at the rate of 64 oz. of canned beans for 1 lb. dried beans. Under Food Packages V and VII, two additional combinations of dry or canned beans/peas are authorized: 1 lb. Dry and 64 oz. Canned beans/peas (and no peanut but- ter); or 2 lb. Dry or 128 oz. Canned beans/peas (and no peanut butter) or 36 oz. peanut butter (and no beans).

(11) Maximum monthly allowances of Food Package III. The maximum for participants with qualifying supplemental foods for children and monthly allowances, options and conditions in Food Package III are stated women with qualifying conditions in substitution rates of supplemental foods in Table 3 as follows:

TABLE 3—MAXIMUM MONTHLY ALLOWANCES OF SUPPLEMENTAL FOODS FOR CHILDREN AND WOMEN IN FOOD PACKAGE III

Children Women

Foods 1 Pregnant and partially 1 through 4 years breastfeeding (up to 1 year Postpartum (up to 6 months Fully breastfeeding (up to 1 postpartum) 3 year postpartum) 45 postpartum) 2

Juice, single 128 fl oz ...... 144 fl oz ...... 96 fl oz ...... 144 fl oz. strength 6. WIC Formula 78 ...... 455 fl oz liquid concentrate 455 fl oz liquid concentrate 455 fl oz liquid concentrate 455 fl oz liquid concentrate. Milk ...... 16 qt 9101112 ...... 22 qt 9101314 ...... 16 qt 9101314 ...... 24 qt 9101314. Breakfast cereal 15 16 36 oz ...... 36 oz ...... 36 oz ...... 36 oz. Cheese ...... N/A ...... N/A ...... N/A ...... 1 lb. Eggs ...... 1 dozen ...... 1 dozen ...... 1 dozen ...... 2 dozen. Fruits and vegeta- $6.00 in cash value vouch- $10.00 in cash value vouch- $10.00 in cash value vouch- $10.00 in cash value vouch- bles 17 18. ers. ers. ers. ers. Whole wheat 2 lb ...... 1 lb ...... N/A ...... 1 lb. bread 19. Fish (canned) ...... N/A ...... N/A ...... N/A ...... 30 oz. Legumes, dry 20 ...... 1 lb ...... 1 lb ...... 1 lb ...... 1 lb. And/or Or And Or And Peanut butter ...... 18 oz ...... 18 oz ...... 18 oz ...... 18 oz. Table 3 Footnotes: N/A = the supplemental food is not authorized in the corresponding food package. 1 Table 4 of paragraph (e)(12) of this section describes the minimum requirements and specifications for the supplemental foods. 2 Food Package V is issued to two categories of WIC participants—women participants with singleton pregnancies and breastfeeding women whose partially breastfed infants receive formula from the WIC Program in amounts that do not exceed the maximum formula allowances for Food Packages I–BF/FF–A, I–BF/FF–B, I–BF/FF–C, or II–BF/FF, as appropriate for the age of the infant as described in Table 1 of paragraph (e)(9) of this section. 3 Food Package VI is issued to two categories of WIC participants—non-breastfeeding postpartum women and breastfeeding postpartum women whose partially breastfed infants receive more than the maximum formula allowances for Food Packages I–BF/FF–A, I–BF/FF–B, I–BF/ FF–C or II–BF/FF, as appropriate for the age of the infant as described in Table 1 of paragraph (e)(9) of this section. 4 Food Package VII is issued to three categories of WIC participants—fully breastfeeding women whose infants do not receive formula from the WIC Program; women pregnant with two or more fetuses; and women fully or partially breastfeeding multiple infants. 5 Women fully breastfeeding multiple infants are prescribed 1.5 times the maximum allowances. 6 Combinations of single-strength and concentrated juices may be issued provided that the total volume does not exceed the maximum month- ly allowance for single-strength juice. 7 WIC formula means infant formula, exempt infant formula, or WIC-eligible medical food. 8 Powder and Ready-to-Feed may be substituted at rates that provide comparable nutritive value. 9 Whole milk, as specified in FDA standards, is the only type of milk allowed for 1-year-old children (12 through 23 months). Reduced fat milks, as specified in FDA standards, i.e., 2% milk fat, are the only types of milk allowed for children > 24 months of age and women. With medical documentation, whole milk may be substituted for reduced fat milk for children > 24 months of age and women. 10 Evaporated milk may be substituted at the rate of 16 fluid ounces of evaporated milk per 32 fluid ounces of fluid milk or a 1:2 fluid ounce substitution ratio. Dry milk may be substituted at an equal reconstituted rate to fluid milk. When a combination of different milk forms is provided, the full maximum monthly fluid milk allowance must be provided.

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11 For children, cheese may be substituted for milk at the rate of 1 pound of cheese per 3 quarts of milk. No more than 1 lb. of cheese may be substituted for milk. With medical documentation, additional amounts of cheese may be substituted in cases of lactose intolerance or other quali- fying conditions, up to the maximum allowance for fluid milk. 12 For children, soy-based beverage and tofu may be substituted for milk only with medical documentation for qualifying conditions. Soy-based beverage may be substituted for milk, with medical documentation, for children in Food Package IV on a quart for quart basis up to the total maximum allowance of milk. Tofu may be substituted for milk, with medical documentation, for children in Food Package IV at the rate of 1 pound of tofu per 1 quart of milk up to the total maximum allowance of milk. 13 For women, cheese or calcium-set tofu may be substituted for milk at the rate of 1 pound of cheese per 3 quarts of milk or 1 pound of tofu per 1 quart of milk. A maximum of 4 quarts of milk can be substituted in this manner in Food Packages V and VI; however, no more than 1 pound of cheese may be substituted for milk. A maximum of 6 quarts of milk can be substituted in this manner in Food Package VII; therefore, no more than 2 lbs. of cheese may be substituted for milk. With medical documentation, additional amounts of cheese or tofu may be sub- stituted, up to the maximum allowances for fluid milk, in cases of lactose intolerance or other qualifying conditions. 14 For women, soy-based beverage may be substituted for milk at the rate of 1 quart of soy-based beverage for 1 quart of milk up to the total maximum monthly allowance of milk. 15 32 dry ounces of infant cereal may be substituted for 36 ounces of breakfast cereal. 16 At least one half of the total number of breakfast cereals on the State agency’s authorized food list must have whole grain as the primary in- gredient and meet labeling requirements for making a health claim as a ‘‘whole grain food with moderate fat content’’ as defined in Table 4 of paragraph (e)(12) of this section. 17 Processed (canned, frozen, dried) fruits and vegetables may be substituted for fresh fruits and vegetables. Dried fruit and dried vegetables are not authorized for children. 18 The monthly value of the fruit/vegetable cash-value vouchers will be adjusted annually for inflation as described in § 246.16(j). 19 Brown rice, bulgur (cracked wheat), oatmeal, whole-grain barley, soft corn or whole wheat tortillas may be substituted for whole wheat bread on an equal weight basis. 20 Canned legumes may be substituted for dried legumes at the rate of 64 oz of canned beans for 1 lb dried beans. Issuance of two additional combinations of dry or canned beans/peas is authorized for the Pregnant and Partially Breastfeeding (up to 1 year postpartum) category and Fully Breastfeeding (Enhanced) (up to 1 year postpartum) category: 1 lb. Dry and 64 oz. Canned beans/peas (and no peanut butter); or 2 lb. Dry or 128 oz. Canned beans/peas (and no peanut butter) or 36 oz. peanut butter (and no beans).

* * * * * * * * As a consequence of cracks [that part 39 to include an AD that would were originally] detected on some CN–235 apply to the specified products. That § 246.16 [Amended] aircraft, in flap fittings P/N 35–15501–0101, NPRM was published in the Federal ■ 3. Paragraph 246.16(j) (2) (ii) is –0102, –0201 and –0202, attaching the Register on July 15, 2009 (74 FR 34272). structure of the outer flaps to their rear amended by revising ‘‘$8’’ to read ‘‘$10’’ supports and, in the adjacent structure, That NPRM proposed to correct an Dated: December 24, 2009. DGAC Spain issued AD Nr. 01/97[.] * * * unsafe condition for the specified Julia Paradis, Since AD 1/97 Rev.1 was published, products. The MCAI states: Administrator, Food and Nutrition Service. similar cracks have been detected in flaps As a consequence of cracks [that were longerons. * * * originally] detected on some CN–235 aircraft, [FR Doc. E9–30991 Filed 12–30–09; 8:45 am] * * * * * in flap fittings P/N 35–15501–0101, –0102, BILLING CODE 3410–30–P –0201 and –0202, attaching the structure of Fatigue cracking of the rear internal the outer flaps to their rear supports and, in support fittings and longerons of the the adjacent structure, DGAC [Direccio´n outer flap structure could result in General de Aviacio´n Civil] Spain issued AD DEPARTMENT OF TRANSPORTATION failure of the outer flaps, and Nr. 01/97 which required, pending the analysis of the problem, boroscopic Federal Aviation Administration consequent reduced controllability of the airplane. We are issuing this AD to inspections of the attachment zones between both outer flaps to their rear support. After 14 CFR Part 39 require actions to correct the unsafe condition on these products. concluding that process and based on the investigation results, DGAC Spain issued AD [Docket No. FAA–2009–0637; Directorate DATES: This AD becomes effective Nr. 1/97 Rev.1 [which corresponds to FAA Identifier 2008–NM–183–AD; Amendment February 4, 2010. AD 99–07–13] to require the replacement of 39–16153; AD 2009–26–14] The Director of the Federal Register the outer flaps with new designed parts, as approved the incorporation by reference specified in EADS–CASA Service Bulletin RIN 2120–AA64 of a certain publication listed in this AD (SB) 235–57–20. as of February 4, 2010. Since AD 1/97 Rev.1 was published, Airworthiness Directives; similar cracks have been detected in flaps ADDRESSES: You may examine the AD Construcciones Aeronauticas, S.A. longerons. EADS–CASA issued SB 235–57– docket on the Internet at http:// (CASA), Model CN–235, CN–235–100, 20 Revision 1, extending the scope of the www.regulations.gov or in person at the CN–235–200, and CN–235–300 inspection to these flaps longerons, U.S. Department of Transportation, Airplanes instructing the drilling of holes to facilitate Docket Operations, M–30, West the inspection and introducing an improved AGENCY: Federal Aviation Building Ground Floor, Room W12–140, outer flap replacement kit that included a Administration (FAA), Department of 1200 New Jersey Avenue, SE., new improved longeron. SB 235–57–20 Washington, DC. Revision 2 has been issued to add useful Transportation (DOT). references and to update the applicability. ACTION: Final rule. FOR FURTHER INFORMATION CONTACT: For the reasons described above, this new Shahram Daneshmandi, Aerospace EASA [European Aviation Safety Agency] AD SUMMARY: We are superseding an Engineer, International Branch, ANM– retains the requirements of DGAC Spain AD existing airworthiness directive (AD) for 116, Transport Airplane Directorate, Nr. 1/97 Rev.1, which is superseded, and the products listed above. This AD FAA, 1601 Lind Avenue, SW., Renton, confirms the approval of additional outer results from mandatory continuing Washington 98057–3356; telephone flaps replacement options, as specified in airworthiness information (MCAI) (425) 227–1112; fax (425) 227–1149. paragraph 2 E.2 of EADS–CASA SB 235–57– 20 R2. originated by an aviation authority of SUPPLEMENTARY INFORMATION: another country to identify and correct Fatigue cracking of the rear internal an unsafe condition on an aviation Discussion support fittings and longerons of the product. The MCAI describes the unsafe We issued a notice of proposed outer flap structure could result in condition as: rulemaking (NPRM) to amend 14 CFR failure of the outer flaps, and

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consequent reduced controllability of General requirements.’’ Under that Authority: 49 U.S.C. 106(g), 40113, 44701. the airplane. You may obtain further section, Congress charges the FAA with § 39.13 [Amended] information by examining the MCAI in promoting safe flight of civil aircraft in the AD docket. air commerce by prescribing regulations ■ 2. The FAA amends § 39.13 by for practices, methods, and procedures removing Amendment 39–11098 (64 FR Comments the Administrator finds necessary for 15659, April 1, 1999) and adding the We gave the public the opportunity to safety in air commerce. This regulation following new AD: participate in developing this AD. We is within the scope of that authority 2009–26–14 CONSTRUCCIONES received no comments on the NPRM or because it addresses an unsafe condition AERONAUTICAS, S.A. (CASA): on the determination of the cost to the that is likely to exist or develop on Amendment 39–16153. Docket No. public. products identified in this rulemaking FAA–2009–0637; Directorate Identifier action. 2008–NM–183–AD. Conclusion Effective Date We reviewed the available data and Regulatory Findings (a) This airworthiness directive (AD) determined that air safety and the We determined that this AD will not becomes effective February 4, 2010. public interest require adopting the AD have federalism implications under as proposed. Executive Order 13132. This AD will Affected ADs not have a substantial direct effect on (b) This AD supersedes AD 99–07–13, Differences Between This AD and the the States, on the relationship between Amendment 39–11098. MCAI or Service Information the national government and the States, Applicability We have reviewed the MCAI and or on the distribution of power and (c) This AD applies to CASA Model CN– related service information and, in responsibilities among the various 235, CN–235–100, CN–235–200, and general, agree with their substance. But levels of government. CN–235–300 airplanes, certificated in any we might have found it necessary to use For the reasons discussed above, I category, all serial numbers, if part number different words from those in the MCAI certify this AD: (P/N) 35–15501–0001, –0002, –0003, or to ensure the AD is clear for U.S. 1. Is not a ‘‘significant regulatory –0004, or P/N 35–A0736–0001 or –0002 outer operators and is enforceable. In making action’’ under Executive Order 12866; flaps are installed. these changes, we do not intend to differ 2. Is not a ‘‘significant rule’’ under the Subject substantively from the information DOT Regulatory Policies and Procedures (d) Air Transport Association (ATA) of provided in the MCAI and related (44 FR 11034, February 26, 1979); and America Code 57: Wings. service information. 3. Will not have a significant We might also have required different economic impact, positive or negative, Reason actions in this AD from those in the on a substantial number of small entities (e) The mandatory continuing MCAI in order to follow our FAA under the criteria of the Regulatory airworthiness information (MCAI) states: policies. Any such differences are Flexibility Act. As a consequence of cracks [that were highlighted in a NOTE within the AD. We prepared a regulatory evaluation originally] detected on some CN–235 aircraft, of the estimated costs to comply with in flap fittings P/N 35–15501–0101, –0102, Costs of Compliance this AD and placed it in the AD docket. –0201 and –0202, attaching the structure of the outer flaps to their rear supports and, in We estimate that this AD will affect 8 Examining the AD Docket the adjacent structure, DGAC Spain issued products of U.S. registry. We also AD Nr. 01/97 which required, pending the estimate that it will take about 69 work- You may examine the AD docket on analysis of the problem, boroscopic hours per product to comply with the the Internet at http:// inspections of the attachment zones between basic requirements of this AD. The www.regulations.gov; or in person at the both outer flaps to their rear support. After average labor rate is $80 per work-hour. Docket Operations office between 9 a.m. concluding that process and based on the Required parts will cost about $193,603 and 5 p.m., Monday through Friday, investigation results, DGAC [Direccio´n except Federal holidays. The AD docket General de Aviacio´n Civil] Spain issued AD per product. Where the service Nr. 1/97 Rev.1 [which corresponds to FAA information lists required parts costs contains the NPRM, the regulatory evaluation, any comments received, and AD 99–07–13] to require the replacement of that are covered under warranty, we the outer flaps with new designed parts, as have assumed that there will be no other information. The street address for specified in EADS–CASA Service Bulletin charge for these parts. As we do not the Docket Operations office (telephone (SB) 235–57–20. control warranty coverage for affected (800) 647–5527) is in the ADDRESSES Since AD 1/97 Rev.1 was published, parties, some parties may incur costs section. Comments will be available in similar cracks have been detected in flaps higher than estimated here. Based on the AD docket shortly after receipt. longerons. EADS–CASA issued SB 235–57– 20 Revision 1, extending the scope of the these figures, we estimate the cost of List of Subjects in 14 CFR Part 39 inspection to these flaps longerons, this AD to the U.S. operators to be Air transportation, Aircraft, Aviation instructing the drilling of holes to facilitate $1,592,984, or $199,123 per product. safety, Incorporation by reference, the inspection and introducing an improved Authority for This Rulemaking outer flap replacement kit that included a Safety. new improved longeron. SB 235–57–20 Title 49 of the United States Code Adoption of the Amendment Revision 2 has been issued to add useful specifies the FAA’s authority to issue references and to update the applicability. ■ rules on aviation safety. Subtitle I, Accordingly, under the authority For the reasons described above, this new section 106, describes the authority of delegated to me by the Administrator, EASA [European Aviation Safety Agency] AD the FAA Administrator. ‘‘Subtitle VII: the FAA amends 14 CFR part 39 as retains the requirements of DGAC Spain AD follows: Nr. 1/97 Rev.1, which is superseded, and Aviation Programs,’’ describes in more confirms the approval of additional outer detail the scope of the Agency’s PART 39—AIRWORTHINESS flaps replacement options, as specified in authority. DIRECTIVES paragraph 2 E.2 of EADS–CASA SB 235–57– We are issuing this rulemaking under 20 R2. the authority described in ‘‘Subtitle VII, ■ 1. The authority citation for part 39 Fatigue cracking of the rear internal support Part A, Subpart III, Section 44701: continues to read as follows: fittings and longerons of the outer flap

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structure could result in failure of the outer (6) Actions done before the effective date 28022 Madrid, Spain; telephone +34 91 585 flaps, and consequent reduced controllability of this AD in accordance with CASA Service 55 84; fax +34 91 585 55 05; e-mail of the airplane. Bulletin SB–235–57–20, dated December 23, [email protected]; 1997; or EADS–CASA Service Bulletin Internet http://www.eads.net. Actions and Compliance SB–235–57–20, Revision 1, dated April 30, (3) You may review copies of the service (f) Unless already done, do the following 2004; are acceptable for compliance with the information at the FAA, Transport Airplane actions. corresponding requirements of paragraph Directorate, 1601 Lind Avenue, SW., Renton, (1) For airplanes equipped with (f)(2) of this AD. Washington. For information on the P/N 35–A0736–0001 or –0002 outer flaps: availability of this material at the FAA, call FAA AD Differences Within 300 flight cycles after the effective 425–227–1221 or 425–227–1152. date of this AD, do a borescopic inspection Note 1: This AD differs from the MCAI (4) You may also review copies of the to detect cracking of the outer flaps fittings and/or service information as follows: No service information that is incorporated by and longerons, in accordance with the differences. reference at the National Archives and Accomplishment Instructions of EADS– Records Administration (NARA). For CASA Service Bulletin SB–235–57–20, Other FAA AD Provisions information on the availability of this Revision 2, dated March 30, 2007. (g) The following provisions also apply to material at NARA, call 202–741–6030, or go (2) For airplanes equipped with P/N 35– this AD: to: http://www.archives.gov/federal_register/ 15501–0001, –0002, –0003, or –0004 outer (1) Alternative Methods of Compliance code_of_federal_regulations/ibr_ flaps: At the earlier of the times specified in (AMOCs): The Manager, International locations.html. paragraphs (f)(2)(i) and (f)(2)(ii) of this AD, Branch, ANM–116, Transport Airplane do a borescopic inspection to detect cracking Issued in Renton, Washington, on Directorate, FAA, has the authority to December 16, 2009. of the outer flaps fittings; and within 300 approve AMOCs for this AD, if requested flight cycles after the effective date of this using the procedures found in 14 CFR 39.19. Stephen P. Boyd, AD, do a borescopic inspection to detect Send information to ATTN: Shahram Acting Manager, Transport Airplane cracking of the longerons. Do the inspections Daneshmandi, Aerospace Engineer, Directorate, Aircraft Certification Service. in accordance with the Accomplishment International Branch, ANM–116, Transport [FR Doc. E9–30707 Filed 12–30–09; 8:45 am] Instructions of EADS–CASA Service Bulletin Airplane Directorate, FAA, 1601 Lind BILLING CODE 4910–13–P SB–235–57–20, Revision 2, dated March 30, Avenue, SW., Renton, Washington 98057– 2007. 3356; telephone (425) 227–1112; fax (425) (i) Within 600 flight cycles after the most 227–1149. Before using any approved AMOC DEPARTMENT OF TRANSPORTATION recent inspection done in accordance with on any airplane to which the AMOC applies, AD 99–07–13, or within 14 days after the notify your principal maintenance inspector Federal Aviation Administration effective date of this AD, whichever occurs (PMI) or principal avionics inspector (PAI), later. as appropriate, or lacking a principal (ii) Within 300 flight cycles after the inspector, your local Flight Standards District 14 CFR Part 39 effective date of this AD. Office. The AMOC approval letter must [Docket No. FAA–2009–0686; Directorate (3) If, during any inspection required by specifically reference this AD. Identifier 2009–NM–044–AD; Amendment paragraph (f)(1) or (f)(2) of this AD, no crack (2) Airworthy Product: For any requirement 39–16155; AD 2009–26–16] is detected, repeat the borescopic inspections in this AD to obtain corrective actions from of the outer flap fittings and longerons in a manufacturer or other source, use these RIN 2120–AA64 accordance with the Accomplishment actions if they are FAA-approved. Corrective Instructions of EADS–CASA Service Bulletin actions are considered FAA-approved if they Airworthiness Directives; McDonnell SB–235–57–20, Revision 2, dated March 30, are approved by the State of Design Authority Douglas Corporation Model MD–11 and 2007, thereafter at intervals not to exceed 300 (or their delegated agent). You are required MD–11F Airplanes flight cycles or 6 months, whichever occurs to assure the product is airworthy before it first, until the replacement specified in is returned to service. AGENCY: Federal Aviation paragraph (f)(4) or (f)(5) of this AD is (3) Reporting Requirements: For any Administration (FAA), DOT. accomplished. reporting requirement in this AD, under the ACTION: Final rule. (4) If any crack is detected during any provisions of the Paperwork Reduction Act inspection required by paragraph (f)(1), (f)(2), (44 U.S.C. 3501 et seq.), the Office of SUMMARY: We are adopting a new or (f)(3) of this AD, prior to further flight, Management and Budget (OMB) has replace the outer flap with a new or airworthiness directive (AD) for certain approved the information collection Model MD–11 and MD–11F airplanes. retrofitted flap in accordance with the requirements and has assigned OMB Control Accomplishment Instructions of EADS– Number 2120–0056. This AD requires a one-time inspection CASA Service Bulletin SB–235–57–20, to determine if wires touch the upper Revision 2, dated March 30, 2007. Such Related Information surface of the center upper auxiliary replacement constitutes terminating action (h) Refer to MCAI EASA Airworthiness fuel tank and marking the location, if for the repetitive borescopic inspection Directive 2008–0119, dated June 27, 2008; necessary; a one-time inspection of all required by this AD for the replaced outer and EADS–CASA Service Bulletin SB–235– wire bundles above the center upper flap only. 57–20, Revision 2, dated March 30, 2007; for auxiliary fuel tank for splices and (5) For affected parts that have not been related information. replaced in accordance with paragraph (f)(4) damage; a one-time inspection for of this AD: At the later of the times specified Material Incorporated by Reference damage to the fuel vapor barrier seal in paragraphs (f)(5)(i) and (f)(5)(ii) of this AD, (i) You must use EADS–CASA Service and upper surface of the center upper replace each outer flap with a new or Bulletin SB–235–57–20, Revision 2, dated auxiliary fuel tank; and corrective retrofitted outer flap in accordance with the March 30, 2007, to do the actions required by actions, if necessary. This AD also Accomplishment Instructions of EADS– this AD, unless the AD specifies otherwise. requires installation of nonmetallic CASA Service Bulletin SB–235–57–20, (1) The Director of the Federal Register barrier/shield sleeving, new clamps, Revision 2, dated March 30, 2007. Replacing approved the incorporation by reference of new attaching hardware, and a new all outer flaps terminates the requirements of this service information under 5 U.S.C. extruded channel. This AD results from this AD. 552(a) and 1 CFR part 51. (i) Before the accumulation of 4,000 total (2) For service information identified in fuel system reviews conducted by the flight cycles on the flap. this AD, contact EADS–CASA, Military manufacturer. We are issuing this AD to (ii) Within 1,200 flight cycles or 24 months Transport Aircraft Division (MTAD), reduce the potential of ignition sources after the effective date of this AD, whichever Integrated Customer Services (ICS), inside fuel tanks, which, in combination occurs first. Technical Services, Avenida de Arago´n 404, with flammable fuel vapors, could result

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in fuel tank explosions and consequent Federal Register on August 19, 2009 (74 periods. KLM states that the 60-month loss of the airplane. FR 41813). That NPRM proposed to compliance time specified in the NPRM DATES: This AD is effective February 4, require a one-time inspection to does not take into consideration the 2010. determine if wires touch the upper impact on operators of accessing the The Director of the Federal Register surface of the center upper auxiliary area above the center upper auxiliary approved the incorporation by reference fuel tank and marking the location, if fuel tank, which is only opened during of a certain publication listed in the AD necessary; a one-time inspection of all 72-month intervals. KLM states the as of February 4, 2010. wire bundles above the center upper work-hours and costs specified in the ADDRESSES: For service information auxiliary fuel tank for splices and NPRM are unrealistic because the identified in this AD, contact Boeing damage; a one-time inspection for inspection is not done in the 72-month Commercial Airplanes, Attention: Data damage to the fuel vapor barrier seal period. & Services Management, 3855 and upper surface of the center upper We do not agree with the commenter’s Lakewood Boulevard, MC D800–0019, auxiliary fuel tank; and corrective request to extend the compliance time. Long Beach, California 90846–0001; actions, if necessary. That NPRM also We have determined that the telephone 206–544–5000, extension 2; proposed to require installation of compliance time, as proposed, fax 206–766–5683; e-mail nonmetallic barrier/shield sleeving, new represents the maximum interval of [email protected]; Internet clamps, new attaching hardware, and a time allowable for the affected airplanes https://www.myboeingfleet.com. new extruded channel. to continue to safely operate before the Examining the AD Docket Comments modification is done. Since maintenance schedules vary among You may examine the AD docket on We gave the public the opportunity to operators, there would be no assurance the Internet at http:// participate in developing this AD. We that the airplane would be modified www.regulations.gov; or in person at the considered the comments received from during that maximum interval. Docket Management Facility between 9 the two commenters. However, operators may request an a.m. and 5 p.m., Monday through AMOC in accordance with the Friday, except Federal holidays. The AD Request To Include Boeing Information procedures specified in paragraph (j) of docket contains this AD, the regulatory Notice MD11–28–126 IN 02 in the Final this AD. We have not changed the AD evaluation, any comments received, and Rule in this regard. other information. The address for the FedEx requests that Boeing Docket Office (telephone 800–647–5527) Information Notice MD11–28–126 IN Explanation of Changes Made to This is the Document Management Facility, 02, dated July 1, 2009, be incorporated AD U.S. Department of Transportation, into the final rule. FedEx states that Docket Operations, M–30, West without including the information We have revised this AD to identify Building Ground Floor, Room W12–140, notice, FedEx will not be able to comply the legal name of the manufacturer as 1200 New Jersey Avenue, SE., with the AD unless an Alternative published in the most recent type Washington, DC 20590. Method of Compliance (AMOC) is certificate data sheet for the affected FOR FURTHER INFORMATION CONTACT: granted. We partially agree. Boeing airplane models. Samuel Lee, Aerospace Engineer, issued Information Notice MD11–28– Conclusion Propulsion Branch, ANM–140L, FAA, 126 IN 02 to clarify the group Los Angeles Aircraft Certification applicability. The information notice is We reviewed the relevant data, Office, 3960 Paramount Boulevard, not approved by the FAA; therefore, we considered the comments received, and Lakewood, California 90712–4137; do not require the information notice for determined that air safety and the telephone (562) 627–5262; fax (562) accomplishment of work and it is not public interest require adopting the AD 627–5210. incorporated into the requirements of with the changes described previously. SUPPLEMENTARY INFORMATION: this final rule. Note 1 has been added to We also determined that these changes this AD to explain that the information will not increase the economic burden Discussion notice provides clarification of the on any operator or increase the scope of We issued a notice of proposed airplane groups identified in the service the AD. rulemaking (NPRM) to amend 14 CFR bulletin. Costs of Compliance part 39 to include an airworthiness directive (AD) that would apply to Request for Compliance Time Extension We estimate that this AD affects 111 certain McDonnell Douglas Corporation KLM requests that we extend the airplanes of U.S. registry. The following Model MD–11 and MD–11F airplanes. compliance time so that it will fall table provides the estimated costs for That NPRM was published in the during regularly scheduled maintenance U.S. operators to comply with this AD.

ESTIMATED COSTS

Number of Action Work hours Average labor Parts Cost per product U.S.-registered Fleet cost rate per hour airplanes

Inspection/Installa- 136 to 154 .... $80 $9,405 to $12,201 .... $20,285 to $24,521 .. 111 $2,251,635 to tion 1. $2,721,831. 1 Depending on airplane configuration.

Authority for This Rulemaking rules on aviation safety. Subtitle I, Aviation Programs,’’ describes in more Title 49 of the United States Code section 106, describes the authority of detail the scope of the Agency’s specifies the FAA’s authority to issue the FAA Administrator. ‘‘Subtitle VII: authority.

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We are issuing this rulemaking under Effective Date Actions Accomplished According to the authority described in ‘‘Subtitle VII, (a) This airworthiness directive (AD) is Previous Issue of Service Bulletin Part A, Subpart III, Section 44701: effective February 4, 2010. (i) Actions accomplished before the effective date of this AD according to Boeing General requirements.’’ Under that Affected ADs section, Congress charges the FAA with Service Bulletin MD11–28–126, dated March promoting safe flight of civil aircraft in (b) None. 3, 2009, are considered acceptable for compliance with the corresponding actions air commerce by prescribing regulations Applicability specified in this AD. for practices, methods, and procedures (c) This AD applies to McDonnell Douglas the Administrator finds necessary for Corporation Model MD–11 and MD–11F Alternative Methods of Compliance safety in air commerce. This regulation airplanes; certificated in any category; as (AMOCs) is within the scope of that authority identified in Boeing Service Bulletin MD11– (j)(1) The Manager, Los Angeles Aircraft because it addresses an unsafe condition 28–126, Revision 1, dated June 18, 2009. Certification Office (ACO), FAA, has the that is likely to exist or develop on Note 1: Boeing Information Notice MD11– authority to approve AMOCs for this AD, if products identified in this rulemaking 28–126 IN 02, dated July 1, 2009, provides requested using the procedures found in 14 CFR 39.19. Send information to ATTN: action. guidance that clarifies the airplane groups identified in Boeing Service Bulletin MD11– Samuel Lee, Aerospace Engineer, Propulsion Regulatory Findings 28–126, Revision 1, dated June 18, 2009. Branch, ANM–140L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount This AD will not have federalism Subject Boulevard, Lakewood, California 90712– implications under Executive Order (d) Air Transport Association (ATA) of 4137; telephone (562) 627–5262; fax (562) 13132. This AD will not have a America Code 28: Fuel. 627–5210. (2) To request a different method of substantial direct effect on the States, on Unsafe Condition the relationship between the national compliance or a different compliance time for this AD, follow the procedures in 14 CFR government and the States, or on the (e) This AD results from fuel system reviews conducted by the manufacturer. The 39.19. Before using any approved AMOC on distribution of power and Federal Aviation Administration is issuing any airplane to which the AMOC applies, responsibilities among the various this AD to reduce the potential of ignition notify your principal maintenance inspector levels of government. sources inside fuel tanks, which, in (PMI) or principal avionics inspector (PAI), For the reasons discussed above, I combination with flammable fuel vapors, as appropriate, or lacking a principal certify that this AD: could result in fuel tank explosions and inspector, your local Flight Standards District consequent loss of the airplane. Office. The AMOC approval letter must (1) Is not a ‘‘significant regulatory specifically reference this AD. action’’ under Executive Order 12866, Compliance (3) An AMOC that provides an acceptable (2) Is not a ‘‘significant rule’’ under (f) You are responsible for having the level of safety may be used for any repair of DOT Regulatory Policies and Procedures actions required by this AD performed within the center upper auxiliary tank required by (44 FR 11034, February 26, 1979), and the compliance times specified, unless the this AD, if it is approved by a Structures actions have already been done. Authorized Representative for the Boeing (3) Will not have a significant Commercial Airplanes Delegation Option economic impact, positive or negative, Actions Authorization Organization who has been on a substantial number of small entities (g) Within 60 months after the effective authorized by the Manager, Los Angeles under the criteria of the Regulatory date of this AD: Do the actions specified in ACO, to make those findings. For a repair Flexibility Act. paragraphs (g)(1), (g)(2), (g)(3), (g)(4), and method to be approved, the repair must meet You can find our regulatory (g)(5) of this AD, and do all applicable the certification basis of the airplane, and the corrective actions, in accordance with the approval must specifically refer to this AD. evaluation and the estimated costs of Accomplishment Instructions of Boeing compliance in the AD Docket. Service Bulletin MD11–28–126, Revision 1, Material Incorporated by Reference List of Subjects in 14 CFR Part 39 dated June 18, 2009, except as required by (k) You must use Boeing Service Bulletin paragraph (h) of this AD. Do all applicable MD11–28–126, Revision 1, dated June 18, Air transportation, Aircraft, Aviation corrective actions before further flight. 2009, to do the actions required by this AD, safety, Incorporation by reference, (1) Do a general visual inspection to unless the AD specifies otherwise. Safety. determine if wires touch the upper surface of (1) The Director of the Federal Register the center upper auxiliary fuel tank, and approved the incorporation by reference of Adoption of the Amendment mark the location, as applicable. this service information under 5 U.S.C. (2) Do a detailed inspection for splices and 552(a) and 1 CFR part 51. ■ Accordingly, under the authority damage of all wire bundles above the center (2) For service information identified in delegated to me by the Administrator, upper auxiliary fuel tank. this AD, contact Boeing Commercial the FAA amends 14 CFR part 39 as (3) Do a detailed inspection for damage Airplanes, Attention: Data & Services follows: (burn marks) on the upper surface of the Management, 3855 Lakewood Boulevard, MC center upper auxiliary fuel tank. D800–0019, Long Beach, California 90846– PART 39—AIRWORTHINESS (4) Do a detailed inspection for damage 0001; telephone 206–544–5000, extension 2; DIRECTIVES (burn marks) on the fuel vapor barrier seal. fax 206–766–5683; e-mail (5) Install nonmetallic barrier/shield [email protected]; Internet https:// ■ 1. The authority citation for part 39 sleeving, new clamps, new attaching www.myboeingfleet.com. continues to read as follows: hardware, and a new extruded channel. (3) You may review copies of the service (h) If damage (burn marks) is found on the information at the FAA, Transport Airplane Authority: 49 U.S.C. 106(g), 40113, 44701. upper surface of the center upper auxiliary Directorate, 1601 Lind Avenue, SW., Renton, fuel tank during any inspection required by Washington. For information on the § 39.13 [Amended] paragraph (g)(3) of this AD, and Boeing availability of this material at the FAA, call ■ 2. The FAA amends § 39.13 by adding Service Bulletin MD11–28–126, Revision 1, 425–227–1221 or 425–227–1152. dated June 18, 2009, specifies to contact The (4) You may also review copies of the the following new AD: Boeing Company for repair instructions: service information that is incorporated by 2009–26–16 McDonnell Douglas Before further flight, repair the auxiliary fuel reference at the National Archives and Corporation: Amendment 39–16155. tank using a method approved in accordance Records Administration (NARA). For Docket No. FAA–2009–0686; Directorate with the procedures specified in paragraph information on the availability of this Identifier 2009–NM–044–AD. (j)(3) of this AD. material at NARA, call 202–741–6030, or go

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to: http://www.archives.gov/federal_register/ Floor, Room W12–140, Washington, DC reading in paragraph (k) of this AD is code_of_federal_regulations/ 20590–0001. from leaking intake or exhaust valves, or ibr_locations.html. FOR FURTHER INFORMATION CONTACT: from leaking piston rings.’’ We also Issued in Renton, Washington, on Peter W. Hakala, Aerospace Engineer, changed paragraph (n) to state, ‘‘After December 16, 2009. Special Certification Office, FAA, the effective date of this AD, do not Stephen P. Boyd, Rotorcraft Directorate, 2601 Meacham install any Group ‘B’ ECi cylinder Acting Manager, Transport Airplane Blvd., Fort Worth, TX 76193; e-mail: assembly, P/N AEL65102, onto any Directorate, Aircraft Certification Service. [email protected]; telephone (817) engine and do not attempt to repair or [FR Doc. E9–30709 Filed 12–30–09; 8:45 am] 222–5145; fax (817) 222–5785. reuse Group ‘B’ cylinder assemblies.’’ BILLING CODE 4910–13–P SUPPLEMENTARY INFORMATION: The FAA Conclusion proposed to amend 14 CFR part 39 by superseding AD 2008–19–05, We have carefully reviewed the DEPARTMENT OF TRANSPORTATION Amendment 39–15672 (73 FR 53105, available data, including the comments Federal Aviation Administration September 15, 2008), with a proposed received, and determined that air safety AD. The proposed AD applies to and the public interest require adopting 14 CFR Part 39 Lycoming Engines (formerly Textron the AD with the changes described Lycoming) models 320, 360, and 540 previously. We have determined that [Docket No. FAA–2008–0052; Directorate series, ‘‘Parallel Valve’’ reciprocating these changes will neither increase the Identifier 2008–NE–01–AD; Amendment 39– engines, with certain Engine economic burden on any operator nor 16151; AD 2009–26–12] Components, Inc. (ECi) cylinder increase the scope of the AD. assemblies, part number (P/N) RIN 2120–AA64 AEL65102 series ‘‘Titan,’’ installed. We Costs of Compliance published the proposed AD in the We estimate that this AD will affect Airworthiness Directives; Engine Federal Register on July 30, 2009 (74 FR about 18,000 ECi cylinder assemblies Components, Inc. (ECi) Reciprocating 37955). That action proposed to require Engine Cylinder Assemblies initial and repetitive visual inspections installed in aircraft of U.S. registry. The visual inspection and compression tests AGENCY: Federal Aviation and compression tests to detect cracks at the head-to-barrel interface, replacement will take about 4 work-hours for each Administration (FAA), Department of engine. An individual cylinder Transportation (DOT). of cylinder assemblies found cracked, and replacement of certain cylinder replacement will require $1,100 for ACTION: Final rule. assemblies at new, reduced times-in- parts and 6 work-hours. Lycoming engines with a set of 4 ECi cylinders SUMMARY: The FAA is superseding an service, and for an expanded population will require 12 work-hours for the existing airworthiness directive (AD) for of cylinder assemblies. cylinder replacement. Lycoming engines Lycoming Engines (formerly Textron Examining the AD Docket with a set of 6 ECi cylinders will require Lycoming) models 320, 360, and 540 series, ‘‘Parallel Valve’’ reciprocating You may examine the AD docket on 16 work-hours for the cylinder engines, with certain Engine the Internet at http:// replacement. We estimate 18 percent of Components, Inc. (ECi) cylinder www.regulations.gov; or in person at the the affected population of cylinders will assemblies, part number (P/N) Docket Operations office between 9 a.m. be replaced. We estimate the total cost AEL65102 series ‘‘Titan,’’ installed. and 5 p.m., Monday through Friday, of the AD to U.S. operators to be That AD currently requires initial and except Federal holidays. The AD docket $10,172,000. Our estimate is exclusive repetitive visual inspections and contains this AD, the regulatory of any possible warranty coverage. evaluation, any comments received, and compression tests to detect cracks at the Authority for This Rulemaking head-to-barrel interface, replacement of other information. The street address for cylinder assemblies found cracked, and the Docket Operations office (telephone Title 49 of the United States Code replacement of certain cylinder (800) 647–5527) is provided in the specifies the FAA’s authority to issue assemblies at new, reduced times-in- ADDRESSES section. Comments will be rules on aviation safety. Subtitle I, service. This AD requires the same available in the AD docket shortly after Section 106, describes the authority of actions, but for an expanded population receipt. the FAA Administrator. Subtitle VII, of cylinder assemblies. This AD results Comments Aviation Programs, describes in more from reports of 10 additional cylinder detail the scope of the Agency’s We provided the public the head separations since issuing AD authority. opportunity to participate in the 2008–19–05, on cylinder serial numbers We are issuing this rulemaking under not listed in that AD. We are issuing this development of this AD. We have the authority described in Subtitle VII, AD to prevent loss of engine power due considered the comments received. Part A, Subpart III, Section 44701, to cracks at the head-to-barrel interface Two commenters state that proposed ‘‘General requirements.’’ Under that and possible engine failure caused by AD paragraphs (m) and (n) are confusing section, Congress charges the FAA with separation of a cylinder head, which and contradictory. Paragraph (m) allows promoting safe flight of civil aircraft in could result in loss of control of the repair or replacement of cylinders with air commerce by prescribing regulations aircraft. leakage provided that the cylinder is not cracked, but paragraph (n) prohibits for practices, methods, and procedures DATES: This AD becomes effective removed cylinders from being re- the Administrator finds necessary for February 4, 2010. installed. safety in air commerce. This regulation ADDRESSES: The Docket Operations We agree. We changed paragraph (m) is within the scope of that authority office is located at Docket Management to state ‘‘For Group ‘A’ cylinder because it addresses an unsafe condition Facility, U.S. Department of assemblies only, repair or replace the that is likely to exist or develop on Transportation, 1200 New Jersey engine cylinder assembly before further products identified in this rulemaking Avenue, SE., West Building Ground flight if the cause of the low gauge action.

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Regulatory Findings Adoption of the Amendment Applicability We have determined that this AD will ■ Accordingly, under the authority (c) If your engine has not been overhauled, not have federalism implications under delegated to me by the Administrator, or not had any cylinder assemblies replaced Executive Order 13132. This AD will the Federal Aviation Administration since new, no further action is required. (d) This AD applies to the Lycoming not have a substantial direct effect on amends 14 CFR part 39 as follows: the States, on the relationship between Engines (formerly Textron Lycoming) models the national government and the States, PART 39—AIRWORTHINESS 320, 360, and 540 series, ‘‘Parallel Valve,’’ or on the distribution of power and DIRECTIVES reciprocating engines listed in Table 1 of this responsibilities among the various AD, with ECi cylinder assembly, part number ■ 1. The authority citation for part 39 (P/N) AEL65102 series ‘‘Titan,’’ and with levels of government. cylinder head, P/N AEL85099, installed. For the reasons discussed above, I continues to read as follows: (1) The applicable cylinder assembly serial certify that this AD: Authority: 49 U.S.C. 106(g), 40113, 44701. numbers (S/Ns) are S/N 1138–02 through (1) Is not a ‘‘significant regulatory § 39.13 [Amended] S/N 35171–22 (referred to in this AD as action’’ under Executive Order 12866; ■ 2. The FAA amends § 39.13 by Group ‘‘A’’ cylinder assemblies); and (2) Is not a ‘‘significant rule’’ under (2) S/N 35239–01 through S/N 42179–30 DOT Regulatory Policies and Procedures removing Amendment 39–39–15672 (73 FR 53105, September 15, 2008), and by (referred to in this AD as Group ‘‘B’’ cylinder (44 FR 11034, February 26, 1979); and assemblies). adding a new airworthiness directive, (3) Will not have a significant (3) The cylinder assembly P/N is at the economic impact, positive or negative, Amendment 39–16151, to read as crankcase end of the cylinder assembly, and on a substantial number of small entities follows: might be difficult to see. As a guide in under the criteria of the Regulatory 2009–26–12 Engine Components, Inc. (ECi): determining if your cylinder assemblies are Flexibility Act. Amendment 39–16151. Docket No. affected, all affected cylinder assemblies have We prepared a summary of the costs FAA–2008–0052; Directorate Identifier cylinder head P/N AEL85099. The cylinder to comply with this AD and placed it in 2008–NE–01–AD. head P/N is at the top of the cylinder head, the AD Docket. You may get a copy of Effective Date near the intake and exhaust valve springs, this summary at the address listed and is easier to locate than the cylinder (a) This airworthiness directive (AD) under ADDRESSES. becomes effective February 4, 2010. assembly P/N. (4) The set of numbers appearing on the List of Subjects in 14 CFR Part 39 Affected ADs cylinder, above and to the left of the S/N, in Air transportation, Aircraft, Aviation (b) This AD supersedes AD 2008–19–05, the form of ‘‘123456’’ is not used for safety, Safety. Amendment 39–15672. determining this AD’s applicability.

TABLE 1—ENGINE MODELS

Cylinder assembly part No. Installed on engine models

AEL65102–NST04 ..... O–320–A1B, A2B, A2C, A2D, A3A, A3B, B2B, B2C, B2D, B2E, B3B, B3C, C2B, C2C, C3B, C3C, D1A, D1AD, D1B, D1C, D1D, D1F, D2A, D2B, D2C, D2F, D2G, D2H, D2J, D3G, E1A, E1B, E1C, E1F, E1J, E2A, E2B, E2C, E2D, E2E, E2F, E2G, E2H, E3D, E3H. IO–320–A1A, A2A, B1A, B1B, B1C, B1D, B1E, B2A, D1A, D1AD, D1B, D1C, E1A, E1B, E2A, E2B. AEIO–320–D1B, D2B, E1A, E1B, E2A, E2B. AIO–320–A1A, A1B, A2A, A2B, B1B, C1B. LIO–320–B1A. AEL65102–NST05 ..... IO–320–C1A, C1B, C1F, F1A. LIO–320–C1A. AEL65102–NST06 ..... O–320–A1A, A2A, A2B, A2C, A3A, A3B, A3C, E1A, E1B, E2A, E2C, (also, an O–320 model with no suffix). IO–320–A1A, A2A. AEL65102–NST07 ..... IO–320–B1A, B1B. LIO–320– B1A. AEL65102–NST08 ..... O–320–B1A, B1B, B2A, B2B, B3A, B3B, B3C, C1A, C1B, C2A, C2B, C3A, C3B, C3C, D1A, D1B, D2A, D2B, D2C. AEL65102–NST10 ..... O–360–A1A, A1C, A1D, A2A, A2E, A3A, A3D, A4A, B1A, B1B, B2A, B2B, C1A, C1C, C1G, C2A, C2B, C2C, C2D, D1A, D2A, D2B. IO–360–B1A, B1B, B1C. HO–360–A1A, B1A, B1B. HIO–360–B1A, B1B. AEIO–360–B1B. O–540–A1A, A1A5, A1B5, A1C5, A1D, A1D5, A2B, A3D5, A4A5, A4B5, A4C5, A4D5, B1A5, B1B5, B1D5, B2A5, B2B5, B2C5, B4A5, B4B5, D1A5, E1A, E4A5, E4B5, E4C5, F1A5, F1B5, G1A5, G2A5. IO–540–C1B5, C1C5, C2C, C4B5, C4B5D, C4C5, D4A5, D4B5, N1A5. AEL65102–NST12 ..... O–360–A1A, A1AD, A1D, A1F, A1F6, A1F6D, A1G, A1G6, A1G6D, A1H, A1H6, A1J, A1LD, A1P, A2A, A2D, A2F, A2G, A2H, A3A, A3AD, A3D, A4A, A4AD, A4D, A4G, A4J, A4JD, A4K, A4M, A4N, A4P, A5AD, B1A, B2C, C1A, C1C, C1E, C1F, C1G, C2A, C2B, C2C, C2D, C2E, C4F, C4P, D2A, F1A6, G1A6. HO–360 –C1A. LO–360–A1G6D, A1H6. HIO–360–B1A, B1B, G1A. LTO–360–A1A6D. TO–360–A1A6D. IO–360–B1B, B1BD, B1D, B1E, B1F, B1F6, B1G6, B2E, B2F, B2F6, B4A, E1A, L2A, M1A, M1B. AEIO–360–B1B, B1D, B1E, B1F, B1F6, B1G6, B1H, B2F, B2F6, B4A, H1A, H1B. O–540–A4D5, B2B5, B2C5, B2C5D, B4B5, B4B5D, E4A5, E4B5, E4C5, G1A5, G2A5, H1A5, H1A5D, H1B5, H1B5D, H2A5, H2A5D, H2B5D.

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TABLE 1—ENGINE MODELS—Continued

Cylinder assembly part No. Installed on engine models

IO–540–C4B5, C4B5D, C4D5, C4D5D, D4A5, D4B5, D4C5, N1A5, N1A5D, T4A5D, T4B5, T4B5D, T4C5D, V4A5, V4A5D. AEIO–540–D4A5, D4B5, D4C5, D4D5. AEL65102–NST26 ..... IO–540–J4A5, R1A5. TIO–540–C1A, E1A, G1A, H1A. AEL65102–NST38 ..... IO–360–F1A. TIO–540–AA1AD, AB1AD, AB1BD, AF1A, AG1A, AK1A, C1A, C1AD, K1AD. LTIO–540–K1AD. AEL65102–NST43 ..... O–360–J2A. O–540–F1B5, J1A5D, J1B5D, J1C5D, J1D5D, J2A5D, J2B5D, J2C5D, J2D5D, J3A5, J3A5D, J3C5D. IO–540–AB1A5, W1A5, W1A5D, W3A5D. AEL65102–NST44 ..... O–540–L3C5D.

The Lycoming Engines (formerly Textron installed on, but not limited to, the aircraft Lycoming) models 320, 360, and 540 series, listed in the following Table 2: ‘‘Parallel Valve’’, reciprocating engines are

TABLE 2—ENGINES INSTALLED ON, BUT NOT LIMITED TO

Engine models Installed on, but not limited to

O–320–A1A ...... Piper Aircraft: Tri-Pacer (PA–22 ‘‘150’’, PA–22S ‘‘150’’), Apache (PA–23), Pawnee (PA–25). Doyn Aircraft: Doyn-Cessna (170, 170A, 170B). Mooney Aircraft: Mark (20A). Dinfia: Ranquel (1A–46). Simmering-Graz Pauker: Flamingo (SGP–M–222). Aviamilano: Scricciolo (P–19). Vos Helicopter Co.: Spring Bok. O–320–A1B ...... Piper Aircraft: Tri-Pacer (PA–22 ‘‘150’’, PA–22S ‘‘150’’), Apache (PA–23). Doyn Aircraft: Doyn-Cessna (170, 170A, 170B). S.O.C.A.T.A.: Horizon (Gardan). O–320–A2A ...... Piper Aircraft: Tri-Pacer (PA–22 ‘‘150’’, PA–22S ‘‘150’’), Agriculture (PA–18A ‘‘150’’), Super Cub (PA–18 ‘‘150’’), Carib- bean (PA–22 ‘‘150’’), Pawnee (PA–25). Intermountain Mfg. Co.: Call Air Texas (A–5, A–5T). Lake Aircraft: Colonial (C–1). Rawdon Bros.: Rawdon (T–1, T–15, T–15D). Shinn Engineering: Shinn (2150–A). Dinfia: Ranquel (1A–46). Neiva: (1PD–5802). Sud: Gardan-Horizon (GY–80). LaVerda: Falco (F8L Series II, America). Malmo: Vipan (MF1–10). Kingsford Smith: Autocrat (SCRM–153). Aero Commander: 100. O–320–A2B ...... Piper Aircraft: Tri-Pacer (PA–22 ‘‘150’’, PA–22S ‘‘150’’), Cherokee (PA–28 ‘‘150’’), Super Cub (PA–18 ‘‘150’’). Champion Aircraft: Challenger (7GCA, 7GCB, 7KC), Citabria (7GCAA, 7GCRC), Agriculture (7GCBA). Beagle: Pup (150). Artic: Interstate S1B2. Robinson: R–22. Varga: Kachina 2150A. O–320–A2C ...... Robinson: R–22. Cicare: Cicare AG. Bellanca Aircraft: Citabria 150 (7GCAA), Citabria 150S (7GCBC). O–320–A2D ...... Piper Aircraft: Apache (PA–23). O–320–A3A ...... Doyn Aircraft: Doyn-Cessna (170, 170A, 170B). Corben-Fettes: Globe Special (Globe GC–1B). O–320–A3B ...... Piper Aircraft: Apache (PA–23). Doyn Aircraft: Doyn-Cessna (170, 170A, 170B). Teal II: TSC (1A2). O–320–B1A ...... Piper Aircraft: Apache (PA–23 ‘‘160’’). Doyn Aircraft: Doyn-Cessna (170, 170A, 170B). Malmo: Vipan (MF1–10). O–320–B1B ...... Piper Aircraft: Apache (PA–23 ‘‘160’’). Doyn Aircraft: Doyn-Cessna (170, 170A, 170B). O–320–B2A ...... Piper Aircraft: Tri-Pacer (PA–22 ‘‘160’’, PA–22S ‘‘160’’). O–320–B2B ...... Piper Aircraft: Tri-Pacer (PA–22 ‘‘160’’, PA–22S ‘‘160’’). Beagle: Airedale (D5–160). Fuji-Heavy Industries: Fuji (F–200). Uirapuru: Aerotec 122. O–320–B2C ...... Robinson: R–22.

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TABLE 2—ENGINES INSTALLED ON, BUT NOT LIMITED TO—Continued

Engine models Installed on, but not limited to

O–320–B2D ...... Maule: MX–7–160. O–320–B2E ...... Lycon. O–320–B3A ...... Piper Aircraft: Apache (PA–23 ‘‘160’’). Doyn Aircraft: Doyn-Cessna (170, 170A, 170B). O–320–B3B ...... Piper Aircraft: Apache (PA–23 ‘‘160’’). Doyn Aircraft: Doyn-Cessna (170, 170A, 170B). Sud: Gardan (GY80–160). O–320–C1A ...... Piper Aircraft: Apache (PA–23 ‘‘160’’). Riley Aircraft: Rayjay (Apache). O–320–C1B ...... Piper Aircraft: Apache (PA–23 ‘‘160’’). O–320–C3A ...... Piper Aircraft: Apache (PA–23 ‘‘160’’). O–320–C3B ...... Piper Aircraft: Apache (PA–23 ‘‘160’’). O–320–D1A ...... Sud: Gardan (GY–80). Gyroflug: Speed Cancard. Grob: G115. O–320–D1F ...... Slingsby: T67 Firefly. O–320–D2A ...... Piper Aircraft: Cherokee (PA–28S ‘‘160’’). Robin: Major (DR400–140B), Chevalier (DR–360), (R–3140). S.O.C.A.T.A.: Tampico TB9. Slingsby: T67C Firefly. Daetwyler: MD–3–160. Nash Aircraft Ltd.: Petrel. Aviolight: P66D Delta. General Avia: Pinguino. O–320–D2B ...... Beech Aircraft: Musketeer (M–23). Piper Aircraft: Cherokee (PA–28 ‘‘160’’). O–320–D2J ...... Cessna Aircraft: Skyhawk 172. O–320–D3G ...... Piper Aircraft: Warrior II, Cadet (PA–28–161). O–320–E1A ...... Grob: G115. O–320–E1C ...... M.B.B. (Messerschmitt-Boelkow-Blohm): Monsun (BO–209–B). O–320–E1F ...... M.B.B.: Monsun (BO–209–B). O–320–E2A ...... Piper Aircraft: Cherokee (PA–28 ‘‘140’’, PA–28 ‘‘150’’). Robin: Major (DR–340), Sitar, Bagheera (GY–100–135). S.O.C.A.T.A.: Super Rallye (MS–886), Rallye Commodore (MS–892). Siai-Marchetti: (S–202). F.F.A.: Bravo (AS–202/15). Partenavia: Oscar (P66B), Bucker (131 APM). Aeromot: Paulistina P–56. Pezetel: Koliber 150. O–320–E2C ...... Beech Aircraft: Musketeer III (M–23III). M.B.B.: Monsun (BO–209–B). O–320–E2D ...... Cessna Aircraft: Cardinal (172–I, 177). O–320–E2F ...... M.B.B.: Monsun (BO–209–B), Wassmer Pacific (WA–51). O–320–E2G ...... American Aviation Corp.: Traveler. O–320–E3D ...... Piper Aircraft: Cherokee (140). Beech Aircraft: Sport. IO–320–B2A ...... Piper Aircraft: Twin Comanche (PA–30). IO–320–B1C ...... Hi. Shear: Wing. IO–320–B1D ...... Ted Smith Aircraft: Aerostar. IO–320–C1A ...... Piper Aircraft: Twin Comanche (PA–30 Turbo). IO–320–D1A ...... M.B.B.: Monsun (BO–209–C). IO–320–D1B ...... M.B.B.: Monsun (BO–209–C). IO–320–E1A ...... M.B.B.: Monsun (BO–209–C). IO–320–E1B ...... Bellanca Aircraft. IO–320–E2A ...... Champion Aircraft: Citabria. IO–320–E2B ...... Bellanca Aircraft. IO–320–F1A ...... CAAR Engineering: Carr Midget. LIO–320–B1A ...... Piper Aircraft: Twin Comanche (PA–39). LIO–320–C1A ...... Piper Aircraft: Twin Comanche (PA–39). AIO–320–B1B ...... M.B.B.: Monsun (BO–209–C). AEIO–320–D1B ...... Slingsby: T67M Firefly. AEIO–320–D2B ...... Hundustan Aeronautics Ltd.: HT–2. AEIO–320–E1A ...... Bellanca Aircraft. Champion Aircraft. AEIO–320–E1B ...... Bellanca Aircraft. Champion Aircraft: Decathalon (8KCAB–CS). AEIO–320–E2B ...... Bellanca Aircraft. Champion Aircraft: Decathalon (8KCAB). O–320–A1A ...... Riley Aircraft: Riley Twin. O–360–A1A ...... Beech Aircraft: Travel Air (95, B–95). Piper Aircraft: Comanche (PA–24). Intermountain Mfg. Co.: Call Air (A–6).

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TABLE 2—ENGINES INSTALLED ON, BUT NOT LIMITED TO—Continued

Engine models Installed on, but not limited to

Lake Aircraft: Colonial (C–2, LA –4, –4A or –4P). Doyn Aircraft: Doyn-Cessna (170B, 172, 172A, 172B). Mooney Aircraft: Mark ‘‘20B’’ (M–20B). Earl Horton: Pawnee (Piper PA–25). Dinfia: Ranquel (1A–51). Neiva: (1PD–5901). Regente: (N–591). Wassmer: Super 4 (WA–50A), Sancy (WA–40), Baladou (WA–40), Pariou (WA–40). Sud: Gardan (GY–180). Bolkow: (207). Partenavia: Oscar (P–66). Siai-Marchetti: (S–205). Procaer: Picchio (F–15–A). S.A.A.B.: Safir (91–D). Malmo: Vipan (MF–10B). Aero Boero: AB–180. Beagle: Airedale (A–109). DeHavilland: Drover (DHA–3MK3). Kingsford-Smith: Bushmaster (J5–6). Aero Engine Service Ltd.: Victa (R–2). O–360–A1AD ...... S.O.C.A.T.A.: Tabago TB–10. O–360–A1D ...... Piper Aircraft: Comanche (PA–24). Lake Aircraft: Colonial (LA–4, –4A or –4P). Doyn Aircraft: Doyn-Beech (Beech 95). Mooney Aircraft: Master ‘‘21’’ (M–20E), Mark ‘‘20B’’, ‘‘20D’’, (M20B, M20C), Mooney Statesman (M–20G). Dinfia: Querandi (1A–45). Wassmer: (WA–50). Malmo: Vipan (MF1–10). Cessna Aircraft: Skyhawk. Doyn Aircraft: Doyn-Piper (PA–23 ‘‘160’’). O–360–A1F6 ...... Cessna Aircraft: Cardinal. O–360–A1F6D ...... Cessna Aircraft: Cardinal 177. Teal III: TSC (1A3). O–360–A1G6 ...... Aero Commander. O–360–A1G6D ...... Beech Aircraft: Duchess 76. O–360–A1H6 ...... Piper Aircraft: Seminole (PA–44). O–360–A1LD ...... Wassmer: Europa WA–52. O–360–A1P ...... Aviat: Husky. O–360–A2A ...... Center Est Aeronautique: Regente (DR–253). S.O.C.A.T.A.: Rallye Commodore (MS–893). Societe Aeronautique Normande: Mousquetaire (D–140). Bolkow: Klemm (K1–107C). Partenavia: Oscar (P–66). Beagle: Husky (D5–180) (J1–U). O–360–A2D ...... Piper Aircraft: Comanche (PA–24), Cherokee ‘‘C’’ (PA–28 ‘‘180’’). Mooney Aircraft: Master ‘‘21’’ (M–20D), Mark ‘‘21’’ (M–20E). O–360–A2E ...... Std. Helicopter. O–360–A2F ...... Aero Commander: Lark (100). Cessna Aircraft: Cardinal. O–360–A2G ...... Beech Aircraft: Sport. O–360–A3A ...... C.A.A.R.P.S.A.N.: (M–23III). Societe Aeronautique Normande: Jodel (D–140C). Robin: Regent (DR400/180), Remorqueur (DR400/180R), R–3170. S.O.C.A.T.A.: Rallye 180GT, Sportavia Sportsman (RS–180). Norman Aeroplace Co.: NAC–1 Freelance. Nash Aircraft Ltd.: Petrel. O–360–A3AD ...... S.O.C.A.T.A.: TB–10. Robin: Aiglon (R–1180T). O–360–A4A ...... Piper Aircraft: Cherokee ‘‘D’’ (PA–28 ‘‘180’’). O–360–A4D ...... Varga: Kachina. O–360–A4G ...... Beech Aircraft: Musketeer Custom III. O–360–A4K ...... Grumman American: Tiger. Beech Aircraft: Sundowner 180. O–360–A4M ...... Piper Aircraft: Archer II (PA–28 ‘‘18’’). Valmet: PIK–23. O–360–A4N ...... Cessna Aircraft: 172 (Optional). O–360–A4P ...... Penn Yan: Super Cub Conversion. O–360–A5AD ...... C. Itoh and Co.: Fuji FA–200. O–360–B2C ...... Seabird Aviation: SB7L. O–360–C1A ...... Intermountain Mfg. Co.: Call Air (A–6). O–360–C1E ...... Bellanca Aircraft: Scout (8GCBC–CS). O–360–C1F ...... Maule: Star Rocket MX–7–180.

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TABLE 2—ENGINES INSTALLED ON, BUT NOT LIMITED TO—Continued

Engine models Installed on, but not limited to

O–360–C1G ...... Christen: Husky (A–1). O–360–C2B ...... Hughes Tool Co.: (269A). O–360–C2D ...... Hughes Tool Co.: (269A). O–360–C2E ...... Hughes Tool Co.: (YHO–2HU) Military. Bellanca Aircraft: Scout (8GCBC FP). O–360–C4F ...... Maule: MX–7–180A. O–360–C4P ...... Penn Yan: Super Cub Conversion. O–360–F1A6 ...... Cessna Aircraft: Cutlass RG. O–360–J2A ...... Robinson: R22. IO–360–B1A ...... Beech Aircraft: Travel-Air (B–95A). Doyn Aircraft: Doyn-Piper (PA–23 ‘‘200’’). IO–360–B1B ...... Beech Aircraft: Travel-Air (B–95B). Doyn Aircraft: Doyn-Piper (PA–23 ‘‘200’’). Fuji: (FA–200). IO–360–B1D ...... United Consultants: See-Bee. IO–360–B1E ...... Piper Aircraft: Arrow (PA–28 ‘‘180R’’). IO–360–B1F ...... Utva: 75. IO–360–B2E ...... C.A.A.R.P. C.A.P.: (10). IO–360–B1F6 ...... Great Lakes: Trainer. IO–360–B1G6 ...... American Blimp: Spector 42. IO–360–B2F6 ...... Great Lakes: Trainer. LO–360–A1G6D ...... Beech Aircraft: Duchess. LO–360–A1H6 ...... Piper Aircraft: Seminole (PA–44). IO–360–E1A ...... T.R. Smith Aircraft: Aerostar. IO–360–L2A ...... Cessna Aircraft: Skyhawk C–172. IO–360–M1A ...... Diamond Aircraft: DA–40. IO–360–M1B ...... Vans Aircraft: RV6, RV7, RV8. Lancair: 360. AEIO–360–B1F ...... F.F.A.: Bravo (200). Grob: G115/Sport-Acro. AEIO–360–B1G6 ...... Great Lakes. AEIO–360–B2F ...... Mundry: CAP–10. AEIO–360–B4A ...... Pitts: S–1S. AEIO–360–H1A ...... Bellanca Aircraft: Super Decathalon (8KCAB–180). AEIO–360–H1B ...... American Champion: Super Decathalon. VO–360–A1A ...... Brantly Hynes Helicopter: (B–2). VO–360–A1B ...... Brantly Hynes Helicopter: (B–2, B2–A). Military (YHO–3BR). VO–360–B1A ...... Brantly Hynes Helicopter: (B–2, B2–A). IVO–360–A1A ...... Brantly Hynes Helicopter: (B2–B). HO–360–B1A ...... Hughes Tool Co.: (269A). HO–360–B1B ...... Hughes Tool Co.: (269A). HO–360–C1A ...... Schweizer: (300C). HIO–360–B1A ...... Hughes Tool Co.: Military (269–A–1), (TH–55A). HIO–360–B1B ...... Hughes Tool Co.: (269A). HIO–360–G1A ...... Schweizer: (CB). O–540–A1A ...... Rhein-Flugzeugbau: (RF–1). O–540–A1A5 ...... Piper Aircraft: Comanche (PA–24 ‘‘180’’). Helio: Military (H–250). Yoeman Aviation: (YA–1). O–540–A1B5 ...... Piper Aircraft: Aztec (PA–23 ‘‘250’’), Comanche (PA–24 ‘‘250’’). O–540–A1C5 ...... Piper Aircraft: Comanche (PA–24 ‘‘250’’). O–540–A1D ...... Found Bros.: (FBA–2C). Dornier: (DO–28–B1). O–540–A1D5 ...... Piper Aircraft: Aztec (PA–23 ‘‘250’’), Comanche (PA–24 ‘‘250’’), Military Aztec (U–11A). Dornier: (DO–28). O–540–A2B ...... Aero Commander: (500). Mid-States Mfg. Co.: Twin Courier (H–500), (U–5). O–540–A3D5 ...... Piper Aircraft: Navy Aztec (PA–23 ‘‘250’’). O–540–B1A5 ...... Piper Aircraft: Apache (PA–23 ‘‘235’’). O–540–B1B5 ...... Piper Aircraft: Comanche (PA–24 ‘‘250’’). Doyn Aircraft: Doyn-Piper (PA–24 ‘‘250’’). O–540–B1D5 ...... Wassmer: (WA–421). O–540–B2B5 ...... Piper Aircraft: Pawnee (PA–25 ‘‘235’’), Cherokee (PA–28 ‘‘235’’), Aztec (PA–23 ‘‘235’’). Intermountain Mfg. Co.: Call Air (A–9). Rawdon Bros.: Rawdon (T–1). S.O.C.A.T.A.: Rallye 235CA. O–540–B2C5 ...... Piper Aircraft: Pawnee (PA–25 ‘‘235’’). O–540–B4B5 ...... Piper Aircraft: Cherokee (PA–28 ‘‘235’’). Embraer: Corioca (EMB–710). S.O.C.A.T.A.: Rallye 235GT, Rallye 235C. Maule: Star Rocket (MX–7–235), Super Rocket (M–6–235), Super Std. Rocket (M–7–235). O–540–E4A5 ...... Piper Aircraft: Comanche (PA–24 ‘‘260’’).

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TABLE 2—ENGINES INSTALLED ON, BUT NOT LIMITED TO—Continued

Engine models Installed on, but not limited to

Aviamilano: Flamingo (F–250). Siai-Marchetti: (SF–260), (SF–208). O–540–E4B5 ...... Britten-Norman: (BN–2). Piper Aircraft: Cherokee Six (PA–32 ‘‘260’’). O–540–E4C5 ...... Pilatus Britten-Norman: Islander (BN–2A–26), Islander (BN–2A–27), Islander II (BN–2B–26), Islander (BN–2A–21), Trislander (BN–2A–Mark III–2). O–540–F1B5 ...... Omega Aircraft: (BS–12D1). Robinson: (R–44). O–540–G1A5 ...... Piper Aircraft: Pawnee (PA–25 ‘‘260’’). O–540–H1B5D ...... Aero Boero: 260. O–540–H2A5 ...... Embraer: Impanema ‘‘AG’’. Gippsland: GA–200. O–540–H2B5D ...... Aero Boero: 260. O–540–J1A5D ...... Maule: Star Rocket (MX–7–235), Super Rocket (M–6–235), Super Std. Rocket (M–7–235). O–540–J3A5 ...... Robin: R–3000/235. O–540–J3A5D ...... Piper Aircraft: Dakota (PA–28–236). O–540–J3C5D ...... Cessna Aircraft: Skylane RG. O–540–L3C5D ...... Cessna Aircraft: TR–182, Turbo Skylane RG. IO–540–C1B5 ...... Piper Aircraft: Aztec B (PA–23 ‘‘250’’), Comanche (PA–24 ‘‘250’’). IO–540–C1C5 ...... Riley Aircraft: Turbo-Rocket. IO–540–C4B5 ...... Piper Aircraft: Aztec C (PA–23 ‘‘250’’), Aztec F. Wassmer: (WA4–21). Avions Pierre Robin: (HR100/250). Bellanca Aircraft: Aries T–250. Aerofab: Renegade 250. IO–540–C4D5 ...... S.O.C.A.T.A.: TB–20. IO–540–C4D5D ...... S.O.C.A.T.A.: Trinidad TB–20. IO–540–D4A5 ...... Piper Aircraft: Comanche (PA–24 ‘‘260’’). Siai-Marchetti: (SF–260). IO–540–D4B5 ...... Cerva: (CE–43 Guepard). IO–540–J4A5 ...... Piper Aircraft: Aztec (PA–23 ‘‘250’’). IO–540–R1A5 ...... Piper Aircraft: Comanche (PA–24). IO–540–T4A5D ...... General Aviation: Model 114. IO–540–T4B5 ...... Commander: 114B. IO–540–T4B5D ...... Rockwell: 114. IO–540–T4C5D ...... Lake Aircraft: Seawolf. IO–540–V4A5 ...... Maule: MT–7–260, M–7–260. Aircraft Manufacturing Factory. IO–540–V4A5D ...... Brooklands: Scoutmaster. IO–540–W1A5 ...... Maule: MX–7–235, MT–7–235, M7–235. IO–540–W1A5D ...... Maule: Star Rocket (MX–7–235), Super Rocket (M–6–235), Super Std. Rocket (M–7–235). IO–540–W3A5D ...... Schweizer: Power Glider. AEIO–540–D4A5 ...... Christen: Pitts (S–2S, S–2B). Siai-Marchetti: SF–260. H.A.L.: HPT–32. Slingsby: Firefly T3A. AEIO–540–D4B5 ...... Moravan: Zlin-50L. H.A.L.: HPT–32. AEIO–540–D4D5 ...... Burkhart Grob: Grob G, 115T Aero. TIO–540–C1A ...... Piper Aircraft: Turbo Aztec (PA–23–250). TIO–540–K1AD ...... Piper Aircraft. TIO–540–AA1AD ...... Aerofab Inc.: Turbo Renegade (270). TIO–540–AB1AD ...... S.O.C.A.T.A.: Trinidad TC TB–21. TIO–540–AB1BD ...... Schweizer. TIO–540–AF1A ...... Mooney Aircraft: ‘‘TLS’’ M20M. TIO–540–AG1A ...... Commander Aircraft: 114TC. TIO–540–AK1A ...... Cessna Aircraft: Turbo Skylane T182T. LTIO–540–K1AD ...... Piper Aircraft.

Unsafe Condition which could result in loss of control of the Engines Overhauled or Cylinder Assemblies (e) This AD results from reports of 10 aircraft. Replaced Since New additional cylinder head separations since Compliance (g) If your engine was overhauled or had issuing AD 2008–19–05, on cylinder S/Ns not a cylinder assembly replaced since new, do (f) You are responsible for having the listed in that AD. We are issuing this AD to the following: actions required by this AD performed within prevent loss of engine power due to cracks (1) Before further flight, inspect the the compliance times specified unless the at the head-to-barrel interface in the cylinder maintenance records and engine logbook to actions have already been done. assemblies and possible engine failure determine if the overhaul or repair facility caused by separation of a cylinder head, installed ECi cylinder assemblies, P/N AEL65102, with cylinder head, PN

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AEL85099, S/N 1138–02 through S/N 35171– compression tests, before exceeding 350 DEPARTMENT OF TRANSPORTATION 22, or S/N 35239–01 through S/N 42179–30, operating hours TIS after the effective date of in your engine. this AD. Federal Aviation Administration (2) If your cylinder assemblies are not ECi, Visual Inspection P/N AEL65102, no further action is required. 14 CFR Part 39 (3) If your cylinder assemblies are ECi, P/ (h) Visually inspect each cylinder head N AEL65102, but the S/N is not listed in this around the exhaust valve side for cracks or [Docket No. FAA–2009–0328; Directorate AD, no further action is required. any signs of black or white residue of Identifier 2008–NE–44–AD; Amendment 39– (4) If the cylinder assemblies are ECi, P/N 16103; AD 2009–24–11] combustion leakage from cracks. AEL65102, and if the S/N is listed in this AD, do the following: (i) Replace cracked cylinder assemblies RIN 2120–AA64 before further flight. Group ‘‘A’’ Cylinder Assemblies; S/N 1138– Airworthiness Directives; General 02 Through S/N 35171–22 Cylinder Assembly Compression Test Electric Company (GE) CF34–1A, (i) For Group ‘‘A’’ cylinder assemblies: (j) Perform a standard cylinder differential CF34–3A, and CF34–3B Series (A) Perform an initial visual inspection as compression test. Turbofan Engines; Delay of Effective specified in paragraphs (h) through (i) of this (k) During the compression test, if the Date AD, and an initial compression test as cylinder pressure gauge reads below 70 specified in paragraphs (j) through (m) of this pounds-per-square-inch, apply a water and AGENCY: Federal Aviation AD, within the next 10 operating hours time– soap solution to the side of the leaking Administration (FAA), Department of in-service (TIS), if the cylinder assembly has cylinder, near the head-to-barrel interface. Transportation (DOT). 350 or more operating hours TIS on the (l) Replace the cylinder assembly before ACTION: Final rule; delay of effective effective date of this AD, but fewer than date. 2,000 operating hours TIS. further flight if air leakage and bubbles are (B) Perform an initial visual inspection as observed on the side of the cylinder assembly, near the head-to-barrel interface. SUMMARY: The FAA is delaying the specified in paragraphs (h) through (i) of this effective date of the final rule AD, and an initial compression test as (m) For Group ‘‘A’’ cylinder assemblies specified in paragraphs (j) through (m) of this only, repair or replace the engine cylinder airworthiness directive (AD) 2009–24– AD, within the next 10 operating hours TIS, assembly before further flight if the cause of 11, which published in the Federal or before exceeding 350 operating hours TIS, the low gauge reading in paragraph (k) of this Register, for an additional 30 days, from whichever occurs later, if the cylinder AD is from leaking intake or exhaust valves, January 4, 2010 to February 3, 2010. The assembly has fewer than 350 operating hours or from leaking piston rings. FAA is delaying the effective date to TIS on the effective date of this AD. allow us a sufficient amount of time to (C) Replace cylinder assemblies installed Prohibition of Group ‘‘B’’ ECi Cylinder make corrections to the compliance text in helicopter engines within the next 25 Assemblies Affected by This AD of the final rule. operating hours TIS after the effective date of (n) After the effective date of this AD, do this AD if the cylinder assembly has 1,500 DATES: The effective date for the final not install any Group ‘‘B’’ ECi cylinder operating hours TIS or more on the effective rule published in the Federal Register date of this AD. assembly, P/N AEL65102, onto any engine on November 30, 2009 (74 FR 62481) is (D) Replace cylinder assemblies installed and do not attempt to repair or reuse Group delayed until February 3, 2010. ‘‘B’’ cylinder assemblies. in airplane engines within the next 25 FOR FURTHER INFORMATION CONTACT: John operating hours TIS after the effective date of Alternative Methods of Compliance Frost, Aerospace Engineer, Engine this AD if the cylinder assembly has 2,000 Certification Office, FAA, Engine & operating hours TIS or more on the effective (o) The Manager, Special Certification date of this AD. Office, has the authority to approve Propeller Directorate, 12 New England (E) Perform repetitive visual inspections as alternative methods of compliance for this Executive Park, Burlington, MA 01803; specified in paragraphs (h) through (i) of this AD if requested using the procedures found e-mail: [email protected]; telephone AD, and repetitive compression tests as in 14 CFR 39.19. (781) 238–7756; fax (781) 238–7199. specified in paragraphs (j) through (m) of this SUPPLEMENTARY INFORMATION: On AD, within every 50 operating hours TIS. Special Flight Permits November 30, 2009 (74 FR 62481), we (F) Replace cylinder assemblies installed in (p) Under 14 CFR 39.23, we will not published a final rule AD, FR Doc. E9– helicopter engines that pass the visual approve special flight permits for this AD for 28236, in the Federal Register. That AD inspections and compression tests, no later engines that have failed the visual inspection than 1,500 operating hours TIS after the applies to GE CF34–1A, CF34–3A, and or the cylinder assembly compression test effective date of this AD. CF34–3B series turbofan engines. We (G) Replace cylinder assemblies installed required by this AD. are delaying the effective date to allow in airplane engines that pass the visual Related Information us a sufficient amount of time to make inspections and compression tests, no later corrections to the compliance text of the (q) Contact Peter W. Hakala, Aerospace than 2,000 operating hours TIS after the final rule. Since AD 2009–24–11 was Engineer, Special Certification Office, FAA, effective date of this AD. issued, we discovered that when we Rotorcraft Directorate, 2601 Meacham Blvd., recodified the compliance section as Group ‘‘B’’ Cylinder Assemblies; S/N 35239– Fort Worth, TX 76193; e-mail: 01 through S/N 42179–30 [email protected]; telephone (817) part of our response to a comment (ii) For Group ‘‘B’’ cylinder assemblies: 222–5145; fax (817) 222–5785, for more received on the proposed AD, we (A) Perform an initial visual inspection as information about this AD. inadvertently left out of the AD certain specified in paragraphs (h) through (i) of this fan blade effectivity information from AD, and initial compression test as specified Issued in Burlington, Massachusetts, on paragraphs (f) and (g) and (j). Paragraphs in paragraphs (j) through (l) of this AD, December 22, 2009. (f) and (g) are missing information on within the next 10 operating hours TIS. Peter A. White, fan blades, P/Ns 6018T30P14 or (B) Replace the cylinder assembly within 4923T56G08, that have any fan blade the next 25 operating hours TIS after the Assistant Manager, Engine and Propeller effective date of this AD if the cylinder Directorate, Aircraft Certification Service. S/Ns listed in Appendix A of General assembly has 350 or more operating hours [FR Doc. E9–30732 Filed 12–30–09; 8:45 am] Electric Aircraft Engines (GEAE) Service TIS on the effective date of this AD. BILLING CODE 4910–13–P Bulletin (SB) No. CF34–AL S/B 72– (C) Replace cylinder assemblies that pass 0245, Revision 01, dated July 30, 2008. the initial visual inspections and Also, paragraph (j) is missing

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information on fan blades, P/N • Federal eRulemaking Portal: Go to Relevant Service Information 6018T30P14 or P/N 4923T56G08, that http://www.regulations.gov. Follow the Airbus has issued Mandatory Service have any fan blade S/Ns listed in instructions for submitting comments. Bulletin A380–57–8016, dated May 11, Appendix A of GEAE SB No. CF34–BJ • Fax: (202) 493–2251. 2009. The actions described in this S/B72–0229, Revision 01, dated July 30, • Mail: U.S. Department of service information are intended to 2008. Transportation, Docket Operations, M– correct the unsafe condition identified Issued in Burlington, Massachusetts, on 30, West Building Ground Floor, Room in the MCAI. December 23, 2009. W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. FAA’s Determination and Requirements Francis A. Favara, of This AD Manager, Engine and Propeller Directorate, • Hand Delivery: U.S. Department of Aircraft Certification Service. Transportation, Docket Operations, M– This product has been approved by [FR Doc. E9–30978 Filed 12–30–09; 8:45 am] 30, West Building Ground Floor, Room the aviation authority of another country, and is approved for operation BILLING CODE 4910–13–P W12–40, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 in the United States. Pursuant to our p.m., Monday through Friday, except bilateral agreement with the State of DEPARTMENT OF TRANSPORTATION Federal holidays. Design Authority, we have been notified of the unsafe condition described in the Federal Aviation Administration Examining the AD Docket MCAI and service information You may examine the AD docket on referenced above. We are issuing this 14 CFR Part 39 the Internet at http:// AD because we evaluated all pertinent www.regulations.gov; or in person at the information and determined the unsafe [Docket No. FAA–2009–1211; Directorate condition exists and is likely to exist or Identifier 2009–NM–121–AD; Amendment Docket Operations office between 9 a.m. 39–16149; AD 2009–26–10] and 5 p.m., Monday through Friday, develop on other products of the same except Federal holidays. The AD docket type design. RIN 2120–AA64 contains this AD, the regulatory There are no products of this type evaluation, any comments received, and currently registered in the United States. Airworthiness Directives; Airbus Model However, this rule is necessary to A380–841, –842, and –861 Airplanes other information. The street address for the Docket Operations office (telephone ensure that the described unsafe condition is addressed if any of these AGENCY: Federal Aviation (800) 647–5527) is in the ADDRESSES Administration (FAA), Department of section. Comments will be available in products are placed on the U.S. Register Transportation (DOT). the AD docket shortly after receipt. in the future. ACTION: Final rule; request for FOR FURTHER INFORMATION CONTACT: Differences Between the AD and the comments. Todd Thompson, Aerospace Engineer, MCAI or Service Information International Branch, ANM–116, We have reviewed the MCAI and SUMMARY: We are adopting a new Transport Airplane Directorate, FAA, related service information and, in airworthiness directive (AD) for the 1601 Lind Avenue, SW., Renton, general, agree with their substance. But products listed above. This AD results Washington 98057–3356; telephone we might have found it necessary to use from mandatory continuing (425) 227–1175; fax (425) 227–1149. different words from those in the MCAI airworthiness information (MCAI) to ensure the AD is clear for U.S. originated by an aviation authority of SUPPLEMENTARY INFORMATION: operators and is enforceable. In making another country to identify and correct Discussion these changes, we do not intend to differ an unsafe condition on an aviation substantively from the information product. The MCAI describes the unsafe The European Aviation Safety Agency provided in the MCAI and related condition as: (EASA), which is the Technical Agent for the Member States of the European service information. As a result of the Movable Flap Track Community, has issued EASA We might also have required different Fairing (MFTF) #6 crack findings (ref. AD actions in this AD from those in the 2008–0216), a detailed review has been Airworthiness Directive 2009–0113, dated May 27, 2009 (referred to after MCAI in order to follow FAA policies. launched for all MFTF #2 to #6. This Any such differences are highlighted in investigation has revealed some cracking at this as ‘‘the MCAI’’), to correct an unsafe MFTF #4 pivot support-ring. condition for the specified products. a NOTE within the AD. This condition, if not corrected, could lead The MCAI states: FAA’s Determination of the Effective to in-flight loss of MFTF #4, potentially As a result of the Movable Flap Track Date resulting in injuries to persons on the Fairing (MFTF) #6 crack findings (ref. AD ground. Since there are currently no domestic 2008–0216), a detailed review has been operators of this product, notice and * * * * * launched for all MFTF #2 to #6. This This AD requires actions that are investigation has revealed some cracking at opportunity for public comment before intended to address the unsafe MFTF #4 pivot support-ring. issuing this AD are unnecessary. condition described in the MCAI. This condition, if not corrected, could lead Comments Invited to in-flight loss of MFTF #4, potentially DATES: This AD becomes effective resulting in injuries to persons on the This AD is a final rule that involves January 15, 2010. ground. requirements affecting flight safety, and The Director of the Federal Register To prevent the risk of a MFTF #4 we did not precede it by notice and approved the incorporation by reference detachment, this AD requires an inspection opportunity for public comment. We of a certain publication listed in the AD programme and/or replacement of the invite you to send any written relevant as of January 15, 2010. fairings in order to ensure they are removed data, views, or arguments about this AD. We must receive comments on this from service before any crack becomes Send your comments to an address critical. AD by February 16, 2010. listed under the ADDRESSES section. ADDRESSES: You may send comments by You may obtain further information by Include ‘‘Docket No. FAA–2009–1211; any of the following methods: examining the MCAI in the AD docket. Directorate Identifier 2009–NM–121–

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AD’’ at the beginning of your comments. List of Subjects in 14 CFR Part 39 Instructions of Airbus Mandatory Service We specifically invite comments on the Bulletin A380–57–8016, dated May 11, 2009. Air transportation, Aircraft, Aviation (i) For Airbus Model A380–841 and –842 overall regulatory, economic, safety, Incorporation by reference, environmental, and energy aspects of airplanes, do the actions before the Safety. accumulation of 600 flight cycles on the #4 this AD. We will consider all comments Adoption of the Amendment MFTF on an airplane, or within 60 flight received by the closing date and may cycles after the effective date of this AD, amend this AD because of those ■ Accordingly, under the authority whichever occurs later. comments. delegated to me by the Administrator, (ii) For Airbus Model A380–861 airplanes, We will post all comments we the FAA amends 14 CFR part 39 as do the actions before the accumulation of 300 flight cycles on the #4 MFTF on an airplane, receive, without change, to http:// follows: or within 30 flight cycles after the effective www.regulations.gov, including any date of this AD, whichever occurs later. personal information you provide. We PART 39—AIRWORTHINESS (2) If no crack is found during any will also post a report summarizing each DIRECTIVES inspection required by paragraph (f)(1) of this substantive verbal contact we receive ■ 1. The authority citation for part 39 AD, repeat the inspections at the applicable about this AD. time specified in paragraph (f)(2)(i) or continues to read as follows: (f)(2)(ii) of this AD; except as provided by Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. paragraph (f)(4) of this AD. (i) For Model A380–841 and –842 Title 49 of the United States Code § 39.13 [Amended] airplanes: At intervals not to exceed 60 flight specifies the FAA’s authority to issue ■ 2. The FAA amends § 39.13 by adding cycles. rules on aviation safety. Subtitle I, the following new AD: (ii) For Model A380–861 airplanes: At section 106, describes the authority of intervals not to exceed 30 flight cycles. the FAA Administrator. ‘‘Subtitle VII: 2009–26–10 AIRBUS: Amendment 39– (3) If any crack is found during any Aviation Programs,’’ describes in more 16149. Docket No. FAA–2009–1211; inspection required by paragraph (f)(1) of this Directorate Identifier 2009–NM–121–AD. detail the scope of the Agency’s AD, before further flight, replace the #4 Effective Date MFTF with a new or serviceable #4 MFTF, authority. in accordance with the Accomplishment We are issuing this rulemaking under (a) This airworthiness directive (AD) Instructions of Airbus Mandatory Service the authority described in ‘‘Subtitle VII, becomes effective January 15, 2010. Bulletin A380–57–8016, dated May 11, 2009. Part A, Subpart III, Section 44701: Affected ADs Do the inspections required by paragraph (f)(1) of this AD at the applicable time General requirements.’’ Under that (b) None. section, Congress charges the FAA with specified in paragraph (f)(1) of this AD. Applicability (4) Replacing any #4 MFTF extends the promoting safe flight of civil aircraft in interval for the next inspections to the air commerce by prescribing regulations (c) This AD applies to Airbus Model A380– applicable time specified in paragraph (f)(1) for practices, methods, and procedures 841, –842, and –861 airplanes; certificated in of this AD. the Administrator finds necessary for any category; all serial numbers. (5) After the first #4 MFTF is replaced as safety in air commerce. This regulation Subject required by this AD, submit a one-time report to Wera Dietz, Senior Retrofit Manager, is within the scope of that authority (d) Air Transport Association (ATA) of because it addresses an unsafe condition America Code 57: Wings. AIRBUS Customer Services—SEOT2, 1 Rond that is likely to exist or develop on Point Maurice Bellonte, 31707 Blagnac Reason Cedex, France; telephone +33 561 933 333; products identified in this rulemaking Fax +33 561 932 745; e-mail action. (e) The mandatory continued airworthiness information (MCAI) states: [email protected]; at the applicable times specified in paragraph (f)(5)(i) and Regulatory Findings As a result of the Movable Flap Track (f)(5)(ii) of this AD. The report must include Fairing (MFTF) #6 crack findings (ref. AD the serial number of the removed #4 MFTF, We determined that this AD will not 2008–0216), a detailed review has been the associated airplane manufacturer serial have federalism implications under launched for all MFTF #2 to #6. This number, and the number of flight cycles Executive Order 13132. This AD will investigation has revealed some cracking at accumulated by the #4 MFTF at the time of MFTF #4 pivot support ring. not have a substantial direct effect on replacement. the States, on the relationship between This condition, if not corrected, could lead to in-flight loss of MFTF #4, potentially (i) If the replacement was done on or after the national government and the States, the effective date of this AD: Submit the or on the distribution of power and resulting in injuries to persons on the ground. report within 30 days after the inspection. responsibilities among the various To prevent the risk of a MFTF #4 (ii) If the replacement was done before the levels of government. detachment, this AD requires an inspection effective date of this AD: Submit the report For the reasons discussed above, I programme and/or replacement of the within 30 days after the effective date of this AD. certify this AD: fairings in order to ensure they are removed from service before any crack becomes FAA AD Differences 1. Is not a ‘‘significant regulatory critical. action’’ under Executive Order 12866; Note 1: This AD differs from the MCAI Actions and Compliance 2. Is not a ‘‘significant rule’’ under the and/or service information as follows: No differences. DOT Regulatory Policies and Procedures (f) Unless already done, do the following actions. (44 FR 11034, February 26, 1979); and (1) At the applicable time specified in Other FAA AD Provisions 3. Will not have a significant paragraphs (f)(1)(i) and (f)(2)(ii) of this AD: (g) The following provisions also apply to economic impact, positive or negative, Do special detailed (ultrasonic and high this AD: on a substantial number of small entities frequency eddy current) inspections on the # (1) Alternative Methods of Compliance under the criteria of the Regulatory 4 left-hand and right-hand movable flap track (AMOCs): The Manager, International Flexibility Act. fairing (MFTF) for cracks of the filet radii of Branch, ANM–116, FAA, has the authority to the pivot bracket support rings and the approve AMOCs for this AD, if requested We prepared a regulatory evaluation monolithic carbon fibre reinforced plastic using the procedures found in 14 CFR 39.19. of the estimated costs to comply with (CFRP) structure in the pivot support area, in Send information to ATTN: Todd Thompson, this AD and placed it in the AD docket. accordance with the Accomplishment Aerospace Engineer, International Branch,

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ANM–116, Transport Airplane Directorate, DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: FAA, 1601 Lind Avenue, SW., Renton, Kenny Kaulia, Aerospace Engineer, Washington 98057–3356; telephone (425) Federal Aviation Administration International Branch, ANM–116, 227–1175; fax (425) 227–1149. Before using Transport Airplane Directorate, FAA, any approved AMOC on any airplane to 14 CFR Part 39 which the AMOC applies, notify your 1601 Lind Avenue, SW., Renton, principal maintenance inspector (PMI) or [Docket No. FAA–2009–0412; Directorate Washington 98057–3356; telephone principal avionics inspector (PAI), as Identifier 2009–NM–022–AD; Amendment (425) 227–2848; fax (425) 227–1149. appropriate, or lacking a principal inspector, 39–16154; AD 2009–26–15] SUPPLEMENTARY INFORMATION: your local Flight Standards District Office. The AMOC approval letter must specifically RIN 2120–AA64 Discussion reference this AD. (2) Airworthy Product: For any requirement Airworthiness Directives; Empresa We issued a notice of proposed in this AD to obtain corrective actions from Brasileira de Aeronautica S.A. rulemaking (NPRM) to amend 14 CFR a manufacturer or other source, use these (EMBRAER) Model ERJ 170 Airplanes, part 39 to include an AD that would actions if they are FAA-approved. Corrective and Model ERJ 190–100 LR, –100 IGW, apply to the specified products. That actions are considered FAA-approved if they –100 STD, –200 STD, –200 LR, and NPRM was published in the Federal are approved by the State of Design Authority (or their delegated agent). You are required –200 IGW Airplanes Register on May 5, 2009 (74 FR 20659). That NPRM proposed to correct an to assure the product is airworthy before it AGENCY: Federal Aviation is returned to service. unsafe condition for the specified (3) Reporting Requirements: For any Administration (FAA), Department of products. The mandatory continuing reporting requirement in this AD, under the Transportation (DOT). airworthiness information (MCAI) provisions of the Paperwork Reduction Act ACTION: Final rule. 2008–10–04 states: (44 U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has SUMMARY: We are adopting a new It has been found the possibility of some approved the information collection airworthiness directive (AD) for the aluminum fasteners having been installed requirements and has assigned OMB Control products listed above. This AD results instead of titanium ones at bulkhead 1 of the Number 2120–0056. LH and RH pylons of some Embraer ERJ 170 from mandatory continuing aircraft models. The structural integrity of the Related Information airworthiness information (MCAI) region where these fasteners are installed (h) Refer to MCAI European Aviation originated by an aviation authority of may be affected in case of bird impact. Safety Agency Airworthiness Directive 2009– another country to identify and correct * * * * * 0113, dated May 27, 2009; and Airbus an unsafe condition on an aviation MCAI 2008–09–02 states: Mandatory Service Bulletin A380–57–8016, product. The MCAI describes the unsafe It has been found the possibility of some dated May 11, 2009; for related information. condition as: aluminum fasteners having been installed Material Incorporated by Reference It has been found the possibility of some instead of titanium ones at bulkhead 1 of the LH (left-hand) and RH (right-hand) pylons of (i) You must use Airbus Mandatory Service aluminum fasteners having been installed some Embraer ERJ 190 aircraft models. In the Bulletin A380–57–8016, dated May 11, 2009, instead of titanium ones at bulkhead 1 of the to do the actions required by this AD, unless LH (left-hand) and RH (right-hand) pylons of case of a bird strike in the pylon bulkhead the AD specifies otherwise. some [Embraer ERJ 170 and] Embraer ERJ 190 1 equipped with aluminum fasteners there is (1) The Director of the Federal Register aircraft models. * * * the possibility where the impact may affect approved the incorporation by reference of some equipments installed in the region after * * * * * the bulkhead 1. Damages to the hydraulic this service information under 5 U.S.C. The unsafe condition for Model 170 552(a) and 1 CFR part 51. lines and electrical generator power cables (2) For service information identified in airplanes is structural damage in the may lead to presence of fire in the region, this AD, contact Airbus SAS—EANA case of bird impact in the region of without indication to the flight crew. (Airworthiness Office); 1 Rond Point Maurice bulkhead 1 of the pylons, which could * * * * * Bellonte, 31707 Blagnac Cedex, France; adversely affect continued safe flight The unsafe condition for Model 170 telephone +33 562 110 253; Fax +33 562 110 and landing. The unsafe condition for airplanes is structural damage in the 307; e-mail account.airworth- Model 190 airplanes is damage to the [email protected]; Internet http:// case of bird impact in the region of hydraulic lines and electrical generator bulkhead 1 of the pylons, which could www.airbus.com. power cables in the case of bird impact (3) You may review copies of the service adversely affect continued safe flight information at the FAA, Transport Airplane in the region of bulkhead 1 of the and landing. The unsafe condition for Directorate, 1601 Lind Avenue, SW., Renton, pylons, which might lead to presence of Model 190 airplanes is damage to the Washington. For information on the fire without indication to the flightcrew. hydraulic lines and electrical generator availability of this material at the FAA, call We are issuing this AD to require power cables in the case of bird impact 425–227–1221 or 425–227–1152. actions to correct the unsafe condition in the region of bulkhead 1 of the (4) You may also review copies of the on these products. service information that is incorporated by pylons, which might lead to presence of DATES: reference at the National Archives and This AD becomes effective fire without indication to the flightcrew. Records Administration (NARA). For February 4, 2010. Corrective actions include inspecting for information on the availability of this The Director of the Federal Register the presence of aluminum fasteners at material at NARA, call 202–741–6030, or go approved the incorporation by reference pylon bulkhead 1, and replacing all to: http://www.archives.gov/federal_register/ of certain publications listed in this AD aluminum fasteners with titanium _ _ _ code of federal regulations/ as of February 4, 2010. fasteners. You may obtain further ibr_locations.html. ADDRESSES: You may examine the AD information by examining the MCAI in Issued in Renton, Washington on docket on the Internet at http:// the AD docket. December 16, 2009. www.regulations.gov or in person at the Comments Stephen P. Boyd, U.S. Department of Transportation, Acting Manager, Transport Airplane Docket Operations, M–30, West We gave the public the opportunity to Directorate, Aircraft Certification Service. Building Ground Floor, Room W12–140, participate in developing this AD. We [FR Doc. E9–30700 Filed 12–30–09; 8:45 am] 1200 New Jersey Avenue, SE., considered the comment received from BILLING CODE 4910–13–P Washington, DC. Embraer, the manufacturer.

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Support for AD on Model ERJ 190 We have confirmed with the products identified in this rulemaking Airplanes manufacturer that this model does not action. have aluminum fasteners installed in Embraer supports the AD on Model Regulatory Findings ERJ 190 airplanes due to the system the subject location. Therefore, we have We determined that this AD will not design characteristics of that model. removed that model from paragraph (c) have federalism implications under Embraer states that a bird strike could of this AD. Executive Order 13132. This AD will lead to hydraulic fluid leakage Conclusion not have a substantial direct effect on associated with damage to the electrical the States, on the relationship between generator power cables, a situation that We reviewed the available data, the national government and the States, would be favorable to fire in a section including the comment received, and or on the distribution of power and of the airplane that is not equipped with determined that air safety and the responsibilities among the various fire detection or suppression systems. public interest require adopting the AD with the change described previously. levels of government. Request To Exclude Model ERJ 170 We determined that this change will not For the reasons discussed above, I Airplanes increase the economic burden on any certify this AD: 1. Is not a ‘‘significant regulatory Embraer does not agree that an unsafe operator or increase the scope of the AD. condition exists for Model ERJ 170 action’’ under Executive Order 12866; Differences Between This AD and the 2. Is not a ‘‘significant rule’’ under the airplanes. Embraer states that, unlike MCAI or Service Information DOT Regulatory Policies and Procedures Model ERJ 190 airplanes, Model ERJ 170 We have reviewed the MCAI and (44 FR 11034, February 26, 1979); and airplanes do not have hydraulic system 3. Will not have a significant or electrical generator power cables related service information and, in general, agree with their substance. But economic impact, positive or negative, passing through the pylon forward on a substantial number of small entities position, where the aluminum fasteners we might have found it necessary to use under the criteria of the Regulatory were installed. The fuel system is different words from those in the MCAI to ensure the AD is clear for U.S. Flexibility Act. installed behind two reinforced We prepared a regulatory evaluation structural frames. Embraer states that in operators and is enforceable. In making these changes, we do not intend to differ of the estimated costs to comply with the event of a bird strike, the fuel system this AD and placed it in the AD docket. would unlikely be reached by any part substantively from the information of a bird with sufficient energy to cause provided in the MCAI and related Examining the AD Docket service information. any damage. Embraer states that this You may examine the AD docket on We might also have required different situation is extremely improbable. the Internet at http:// actions in this AD from those in the From this comment we infer that www.regulations.gov; or in person at the MCAI in order to follow our FAA Embraer is requesting that we remove Docket Operations office between 9 a.m. policies. Any such differences are Model ERJ 170 airplanes from the and 5 p.m., Monday through Friday, highlighted in a NOTE within the AD. applicability of the NPRM. We do not except Federal holidays. The AD docket agree. The subject unsafe condition Costs of Compliance contains the NPRM, the regulatory exists for the affected Model ERJ 170 We estimate that this AD will affect evaluation, any comments received, and airplanes. We consulted with the issuer other information. The street address for ˆ 20 products of U.S. registry. We also of the MCAI, Agencia Nacional de the Docket Operations office (telephone Aviac¸a˜o Civil (ANAC). ANAC states that estimate that it will take about 2 work- (800) 647–5527) is in the ADDRESSES the structure in this region does not hours per product to comply with the basic requirements of this AD. The section. Comments will be available in have sufficient residual strength for the AD docket shortly after receipt. continued safe flight in case of bird average labor rate is $80 per work-hour. impact. We concur with ANAC that an Based on these figures, we estimate the List of Subjects in 14 CFR Part 39 cost of this AD to the U.S. operators to unsafe condition exists for the affected Air transportation, Aircraft, Aviation be $3,200, or $160 per product. ERJ 170 aircraft models due to the safety, Incorporation by reference, aluminum fasteners installed in the Authority for This Rulemaking Safety. subject area. The purpose of this AD is to ensure that the affected structure has Title 49 of the United States Code Adoption of the Amendment specifies the FAA’s authority to issue sufficient residual strength for ■ rules on aviation safety. Subtitle I, Accordingly, under the authority continued safe flight and landing of the delegated to me by the Administrator, airplane following a bird strike, which section 106, describes the authority of the FAA Administrator. ‘‘Subtitle VII: the FAA amends 14 CFR part 39 as the manufacturer has not demonstrated. follows: We have not changed the AD in this Aviation Programs,’’ describes in more regard. However, we have clarified the detail the scope of the Agency’s PART 39—AIRWORTHINESS unsafe condition for the Model ERJ 170 authority. DIRECTIVES airplanes in the Summary, Discussion, We are issuing this rulemaking under and paragraph (e) of this AD. the authority described in ‘‘Subtitle VII, ■ 1. The authority citation for part 39 Part A, Subpart III, Section 44701: continues to read as follows: Request To Exclude Model ERJ 190–ECJ General requirements.’’ Under that Authority: 49 U.S.C. 106(g), 40113, 44701. Airplanes section, Congress charges the FAA with Embraer requests that we remove promoting safe flight of civil aircraft in § 39.13 [Amended] Model ERJ 190–ECJ airplanes from the air commerce by prescribing regulations ■ 2. The FAA amends § 39.13 by adding applicability of the NPRM because the for practices, methods, and procedures the following new AD: the Administrator finds necessary for model is not included in the effectivity 2009–26–15 Empresa Brasileira de of Embraer Service Bulletin 190–54– safety in air commerce. This regulation Aeronautica S.A. (EMBRAER): 0008, dated December 21, 2007. is within the scope of that authority Amendment 39–16154. Docket No. We agree to remove Model ERJ 190– because it addresses an unsafe condition FAA–2009–0412; Directorate Identifier ECJ from the applicability of this AD. that is likely to exist or develop on 2009–NM–022–AD.

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Effective Date Service Bulletin 170–54–0007 or 190–54– this service information under 5 U.S.C. (a) This airworthiness directive (AD) 0008, both dated December 21, 2007; as 552(a) and 1 CFR part 51. becomes effective February 4, 2010. applicable. If no aluminum fastener is found, (2) For service information identified in this AD requires no further action. this AD, contact Empresa Brasileira de Affected ADs (2) If any aluminum fastener is found, Aeronautica S.A. (EMBRAER), Technical (b) None. before further flight after the inspection Publications Section (PC 060), Av. Brigadeiro required by paragraph (f)(1) of this AD: Faria Lima, 2170—Putim—12227–901 Sa˜o Applicability Replace any aluminum fastener with a Jose dos Campos—SP—BRASIL; telephone: (c) This AD applies to EMBRAER Model titanium fastener in accordance with Part II +55 12 3927–5852 or +55 12 3309–0732; fax: ERJ 170–100 LR, –100 STD, –100 SE, –100 of the Accomplishment Instructions of +55 12 3927–7546; e-mail: SU, –200 LR, –200 STD, and –200 SU Embraer Service Bulletin 170–54–0007 or [email protected]; Internet: http:// airplanes, certificated in any category, serial 190–54–0008, both dated December 21, 2007; www.flyembraer.com. numbers 17000156 through 17000169 as applicable. (3) You may review copies of the service inclusive; and Model ERJ 190–100 LR, –100 FAA AD Differences information at the FAA, Transport Airplane IGW, –100 STD, –200 STD, –200 LR, and Directorate, 1601 Lind Avenue, SW., Renton, –200 IGW airplanes, certificated in any Note 1: This AD differs from the MCAI Washington. For information on the category, serial numbers 19000047 through and/or service information as follows: No availability of this material at the FAA, call 19000089 inclusive. differences. 425–227–1221 or 425–227–1152. (4) You may also review copies of the Subject Other FAA AD Provisions service information that is incorporated by (d) Air Transport Association (ATA) of (g) The following provisions also apply to reference at the National Archives and America Code 54: Nacelles/Pylons. this AD: Records Administration (NARA). For (1) Alternative Methods of Compliance information on the availability of this Reason (AMOCs): The Manager, International material at NARA, call 202–741–6030, or go (e) Brazilian Airworthiness Directive 2008– Branch, ANM–116, Transport Airplane to: http://www.archives.gov/federal_register/ 09–02, effective September 30, 2008, states: Directorate, FAA, has the authority to code_of_federal_regulations/ It has been found the possibility of some approve AMOCs for this AD, if requested ibr_locations.html. aluminum fasteners having been installed using the procedures found in 14 CFR 39.19. Issued in Renton, Washington, on instead of titanium ones at bulkhead 1 of the Send information to ATTN: Kenny Kaulia, December 16, 2009. LH (left-hand) and RH (right-hand) pylons of Aerospace Engineer, International Branch, some Embraer ERJ 190 aircraft models. In the ANM–116, Transport Airplane Directorate, Stephen P. Boyd, case of a bird strike in the pylon bulkhead FAA, 1601 Lind Avenue, SW., Renton, Acting Manager, Transport Airplane 1 equipped with aluminum fasteners there is Washington 98057–3356; telephone (425) Directorate, Aircraft Certification Service. the possibility where the impact may affect 227–2848; fax (425) 227–1149. Before using [FR Doc. E9–30705 Filed 12–30–09; 8:45 am] some equipments installed in the region after any approved AMOC on any airplane to BILLING CODE 4910–13–P the bulkhead 1. Damages to the hydraulic which the AMOC applies, notify your lines and electrical generator power cables principal maintenance inspector (PMI) or may lead to presence of fire in the region, principal avionics inspector (PAI), as DEPARTMENT OF TRANSPORTATION without indication to the flight crew. appropriate, or lacking a principal inspector, * * * * * your local Flight Standards District Office. Federal Aviation Administration Brazilian Airworthiness Directive 2008–10– (2) Airworthy Product: For any requirement 04, effective November 10, 2008, states: in this AD to obtain corrective actions from a manufacturer or other source, use these 14 CFR Part 39 It has been found the possibility of some actions if they are FAA-approved. Corrective [Docket No. FAA–2009–1210; Directorate aluminum fasteners having been installed actions are considered FAA-approved if they instead of titanium ones at bulkhead 1 of the Identifier 2009–NM–165–AD; Amendment are approved by the State of Design Authority 39–16148; AD 2008–10–09 R1] LH and RH pylons of some Embraer ERJ 170 (or their delegated agent). You are required aircraft models. The structural integrity of the to assure the product is airworthy before it RIN 2120–AA64 region where these fasteners are installed is returned to service. may be affected in case of bird impact. (3) Reporting Requirements: For any Airworthiness Directives; The Boeing * * * * * reporting requirement in this AD, under the Company Model 737–100, –200, –200C, The unsafe condition for Model 170 airplanes provisions of the Paperwork Reduction Act –300, –400, and –500 Series Airplanes is structural damage in the case of bird (44 U.S.C. 3501 et seq.), the Office of impact in the region of bulkhead 1 of the Management and Budget (OMB) has AGENCY: Federal Aviation pylons, which could adversely affect approved the information collection Administration (FAA), Department of continued safe flight and landing. The unsafe requirements and has assigned OMB Control Transportation (DOT). condition for Model 190 airplanes is damage Number 2120–0056. ACTION: Final rule; request for to the hydraulic lines and electrical generator comments. power cables in the case of bird impact in the Related Information region of bulkhead 1 of the pylons, which (h) Refer to MCAI Brazilian Airworthiness SUMMARY: The FAA is revising an might lead to presence of fire without Directive 2008–09–02, effective September existing airworthiness directive (AD), indication to the flight crew. Corrective 30, 2008; MCAI Brazilian Airworthiness actions include inspecting for the presence of Directive 2008–10–04, effective November which applies to all Model 737–100, aluminum fasteners at pylon bulkhead 1, and 10, 2008; and Embraer Service Bulletins 170– –200, –200C, –300, –400, and –500 replacing all aluminum fasteners with 54–0007 and 190–54–0008, both dated series airplanes. That AD currently titanium fasteners. December 21, 2007; for related information. requires revising the FAA-approved maintenance program to incorporate Actions and Compliance Material Incorporated by Reference new airworthiness limitations (AWLs) (f) Unless already done, do the following (i) You must use Embraer Service Bulletin for fuel tank systems to satisfy Special actions. 170–54–0007, dated December 21, 2007; or Federal Aviation Regulation No. 88 (1) Within 5,000 flight cycles after the Embraer Service Bulletin 190–54–0008, dated effective date of this AD: Inspect the fasteners December 21, 2007; as applicable; to do the requirements. That AD also requires an in bulkhead 1 of the left- and right-hand actions required by this AD, unless the AD initial inspection to phase in certain pylons for the presence of aluminum specifies otherwise. repetitive AWL inspections, and repair fasteners, in accordance with Part I of the (1) The Director of the Federal Register if necessary. This AD clarifies the Accomplishment Instructions of Embraer approved the incorporation by reference of intended effect of the AD on spare and

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on-airplane fuel tank system Branch, ANM–140S, FAA, Seattle retroactively require rework of components. That AD results from a Aircraft Certification Office, 1601 Lind components that had been maintained design review of the fuel tank system. Avenue, SW., Renton, Washington using acceptable methods before the We are issuing this AD to prevent the 98057–3356; telephone (425) 917–6438; effective date of the AD. Owners and potential for ignition sources inside fuel fax (425) 917–6590. operators of the affected airplanes tanks caused by latent failures, SUPPLEMENTARY INFORMATION: therefore are not required to rework alterations, repairs, or maintenance affected components identified as actions, which, in combination with Discussion airworthy or installed on the affected flammable fuel vapors, could result in a On April 29, 2008, we issued AD airplanes before the required revisions fuel tank explosion and consequent loss 2008–10–09, Amendment 39–15515 (73 of the FAA-approved maintenance of the airplane. FR 25970, May 8, 2008). That AD program. But once the CDCCLs are DATES: This AD is effective January 15, applied to all Model 737–100, –200, incorporated into the FAA-approved 2010. –200C, –300, –400, and –500 series maintenance program, future The Director of the Federal Register airplanes. That AD required revising the maintenance actions on components approved the incorporation by reference FAA-approved maintenance program to must be done in accordance with those of certain publications listed in the AD incorporate new airworthiness CDCCLs. limitations (AWLs) for fuel tank systems as of January 15, 2010. Relevant Service Information On June 12, 2008 (73 FR 25970, May to satisfy Special Federal Aviation AD 2008–10–09 cites Boeing 737– 8, 2008), the Director of the Federal Regulation No. 88 requirements. That 100/200/200C/300/400/500 Register approved the incorporation by AD also required an initial inspection to Airworthiness Limitations (AWLs) and reference of a certain other publication phase in certain repetitive AWL Certification Maintenance Requirements listed in the AD. inspections, and repair if necessary. (CMRs), D6–38278–CMR, Revision We must receive any comments on That AD resulted from a design review March 2008. Since we issued that AD, this AD by February 16, 2010. of the fuel tank system. The actions specified in that AD are intended to Boeing has revised the referenced ADDRESSES: You may send comments by prevent the potential for ignition service information. We have reviewed any of the following methods: sources inside fuel tanks caused by Boeing 737–100/200/200C/300/400/500 • Federal eRulemaking Portal: Go to latent failures, alterations, repairs, or Airworthiness Limitations (AWLs) and http://www.regulations.gov. Follow the maintenance actions, which, in Certification Maintenance Requirements instructions for submitting comments. combination with flammable fuel (CMRs), D6–38278–CMR, Revision May • Fax: 202–493–2251. vapors, could result in a fuel tank 2009 (hereafter referred to as ‘‘Revision • Mail: U.S. Department of explosion and consequent loss of the May 2009 of Document D6–38278– Transportation, Docket Operations, M– airplane. CMR’’). Among other actions, the 30, West Building Ground Floor, Room Critical design configuration control revised service information clarifies W12–140, 1200 New Jersey Avenue, SE., limitations (CDCCLs) are limitation certain task descriptions and adds some Washington, DC 20590. • requirements to preserve a critical new AWLs for certain airplanes. Hand Delivery: U.S. Department of ignition source prevention feature of the FAA’s Determination and Requirements Transportation, Docket Operations, M– fuel tank system design that is necessary of This AD 30, West Building Ground Floor, Room to prevent the occurrence of an unsafe W12–140, 1200 New Jersey Avenue, SE., condition. The purpose of a CDCCL is The unsafe condition described Washington, DC 20590, between 9 a.m. to provide instruction to retain the previously is likely to exist or develop and 5 p.m., Monday through Friday, critical ignition source prevention on other airplanes of the same type except Federal holidays. feature during configuration change that design. For this reason, we are issuing For service information identified in may be caused by alterations, repairs, or this AD to revise AD 2008–10–09. This this AD, contact Boeing Commercial maintenance actions. A CDCCL is not a new AD retains the requirements of the Airplanes, Attention: Data & Services periodic inspection. existing AD, and adds a new note to Management, P.O. Box 3707, MC 2H–65, clarify the intended effect of the AD on Seattle, Washington 98124–2207; Actions Since AD Was Issued spare and on-airplane fuel tank system telephone 206–544–5000, extension 1; Since we issued that AD, we have components. fax 206–766–5680; e-mail determined that it is necessary to clarify Explanation of Additional Changes to [email protected]; Internet the AD’s intended effect on spare and AD https://www.myboeingfleet.com. on-airplane fuel tank system Examining the AD Docket components, regarding the use of AD 2008–10–09 allowed the use of maintenance manuals and instructions alternative inspections, inspection You may examine the AD docket on for continued airworthiness. intervals, or CDCCLs if they are part of the Internet at http:// Section 91.403(c) of the Federal a later revision of Revision March 2008 www.regulations.gov; or in person at the Aviation Regulations (14 CFR 91.403(c)) of Document D6–38278–CMR. AD Docket Management Facility between 9 specifies the following: 2008–10–09 also allowed the use of later a.m. and 5 p.m., Monday through revisions of Revision March 2008 of Friday, except Federal holidays. The AD No person may operate an aircraft for which a manufacturer’s maintenance manual Document D6–38278–CMR. Those docket contains this AD, the regulatory or instructions for continued airworthiness provisions have been removed from this evaluation, any comments received, and has been issued that contains an AD. Allowing the use of a ‘‘later other information. The street address for airworthiness limitation section unless the approved’’ or ‘‘later FAA-approved the Docket Office (telephone 800–647– mandatory * * * procedures * * * have revisions’’ of specific service documents 5527) is in the ADDRESSES section. been complied with. violates Office of the Federal Register Comments will be available in the AD Some operators have questioned regulations for approving materials that docket shortly after receipt. whether existing components affected are incorporated by reference. Affected FOR FURTHER INFORMATION CONTACT: Sue by the new CDCCLs must be reworked. operators, however, may request Lucier, Aerospace Engineer, Propulsion We did not intend for the AD to approval to use a later revision or an

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alternative inspection, inspection compliance, under the provisions of The following table provides the interval, or CDCCL that is part of a later paragraph (k) of this AD. estimated costs, at an average labor rate revision of the referenced service Costs of Compliance of $80 per work hour, for U.S. operators document, as an alternative method of to comply with this AD. There are about 2,337 airplanes of the affected design in the worldwide fleet.

ESTIMATED COSTS

Number of Action Work hours Parts Cost per U.S.-registered Fleet cost airplane airplanes

Maintenance program revision ...... 8 None ...... $640 672 $430,080 Inspection ...... 8 None ...... 640 672 430,080

FAA’s Justification and Determination Part A, Subpart III, Section 44701, PART 39—AIRWORTHINESS of the Effective Date ‘‘General requirements.’’ Under that DIRECTIVES section, Congress charges the FAA with This revision merely clarifies the ■ promoting safe flight of civil aircraft in 1. The authority citation for part 39 intended effect on spare and on-airplane continues to read as follows: fuel tank system components, and air commerce by prescribing regulations Authority: 49 U.S.C. 106(g), 40113, 44701. makes no substantive change to the for practices, methods, and procedures the Administrator finds necessary for AD’s requirements. For this reason, it is § 39.13 [Amended] found that notice and opportunity for safety in air commerce. This regulation is within the scope of that authority ■ 2. The FAA amends § 39.13 by prior public comment for this action are removing Amendment 39–15515 (73 FR unnecessary, and good cause exists for because it addresses an unsafe condition that is likely to exist or develop on 25970, May 8, 2008) and adding the making this amendment effective in less following new AD: than 30 days. products identified in this rulemaking action. 2008–10–09 R1 The Boeing Company: Comments Invited Amendment 39–16148. Docket No. Regulatory Findings This AD is a final rule that involves FAA–2009–1210; Directorate Identifier We have determined that this AD will 2009–NM–165–AD. requirements affecting flight safety, and not have federalism implications under we did not provide you with notice and Effective Date Executive Order 13132. This AD will an opportunity to provide your (a) This airworthiness directive (AD) is not have a substantial direct effect on comments before it becomes effective. effective January 15, 2010. the States, on the relationship between However, we invite you to send any the national government and the States, Affected ADs written data, views, or arguments about or on the distribution of power and (b) This AD revises AD 2008–10–09, this AD. Send your comments to an responsibilities among the various Amendment 39–15515. address listed under the ADDRESSES levels of government. Applicability section. Include ‘‘Docket No. FAA– For the reasons discussed above, I 2009–1210; Directorate Identifier 2009– certify that the regulation: (c) This AD applies to all The Boeing Company Model 737–100, –200, –200C, NM–165–AD’’ at the beginning of your 1. Is not a ‘‘significant regulatory comments. We specifically invite –300, –400, and –500 series airplanes, action’’ under Executive Order 12866; certificated in any category. comments on the overall regulatory, 2. Is not a ‘‘significant rule’’ under the economic, environmental, and energy DOT Regulatory Policies and Procedures Unsafe Condition aspects of this AD. We will consider all (44 FR 11034, February 26, 1979); and (d) This AD results from a design review comments received by the closing date 3. Will not have a significant of the fuel tank systems. We are issuing this and may amend this AD because of economic impact, positive or negative, AD to prevent the potential for ignition those comments. on a substantial number of small entities sources inside fuel tanks caused by latent We will post all comments we under the criteria of the Regulatory failures, alterations, repairs, or maintenance actions, which, in combination with receive, without change, to http:// Flexibility Act. www.regulations.gov, including any flammable fuel vapors, could result in a fuel We prepared a regulatory evaluation tank explosion and consequent loss of the personal information you provide. We of the estimated costs to comply with airplane. will also post a report summarizing each this AD and placed it in the AD docket. substantive verbal contact we receive See the ADDRESSES section for a location Compliance about this AD. to examine the regulatory evaluation. (e) You are responsible for having the actions required by this AD performed within Authority for This Rulemaking List of Subjects in 14 CFR Part 39 the compliance times specified, unless the Title 49 of the United States Code Air transportation, Aircraft, Aviation actions have already been done. specifies the FAA’s authority to issue safety, Incorporation by reference, Restatement of Requirements of AD 2008– rules on aviation safety. Subtitle I, Safety. 10–09, With Revised Compliance Method Section 106, describes the authority of Adoption of the Amendment Service Information Reference the FAA Administrator. Subtitle VII, Aviation Programs, describes in more ■ Accordingly, under the authority (f) The term ‘‘Revision March 2008 of Document D6–38278–CMR,’’ as used in this detail the scope of the Agency’s delegated to me by the Administrator, AD, means Boeing 737–100/200/200C/300/ authority. the FAA amends part 39 of the Federal 400/500 Airworthiness Limitations (AWLs) We are issuing this rulemaking under Aviation Regulations (14 CFR part 39) as and Certification Maintenance Requirements the authority described in Subtitle VII, follows: (CMRs), D6–38278–CMR, Revision March

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2008. The term ‘‘Revision May 2009 of or assembly to detect damage, failure, or as appropriate, or lacking a principal Document D6–38278–CMR,’’ as used in the irregularity. The examination is likely to inspector, your local Flight Standards District AD, means Boeing 737–100/200/200C/300/ make extensive use of specialized inspection Office. The AMOC approval letter must 400/500 Airworthiness Limitations (AWLs) techniques and/or equipment. Intricate specifically reference this AD. and Certification Maintenance Requirements cleaning and substantial access or (3) AMOCs approved previously in (CMRs), D6–38278–CMR, Revision May 2009. disassembly procedure may be required.’’ accordance with AD 2008–10–09, Maintenance Program Revision (1) Within 120 months since the date of Amendment 39–15515, are approved as issuance of the original standard AMOCs for the corresponding provisions of (g) Before December 16, 2008, revise the airworthiness certification or the date of this AD. FAA-approved maintenance program to issuance of the original export certificate of incorporate the information specified in airworthiness. Material Incorporated by Reference paragraph (g)(1) or (g)(2) of this AD, as (2) Within 24 months after June 12, 2008 applicable; except that the initial inspection (the effective date of AD 2008–10–09). (l) You must use Boeing 737–100/200/ required by paragraph (h) of this AD must be 200C/300/400/500 Airworthiness Limitations done at the applicable compliance time No Alternative Inspections, Inspection (AWLs) and Certification Maintenance specified in that paragraph. Intervals, or Critical Design Configuration Requirements (CMRs), D6–38278–CMR, (1) For Model 737–100, –200, and –200C Control Limitations (CDCCLs) Revision March 2008; or Boeing 737–100/ series airplanes: Section C, ‘‘FUEL SYSTEMS (i) After accomplishing the actions 200/200C/300/400/500 Airworthiness AIRWORTHINESS LIMITATIONS,’’ specified in paragraphs (g) and (h) of this AD, Limitations (AWLs) and Certification including AWLs No. 28–AWL–01 through no alternative inspections, inspection No. 28–AWL–20 inclusive, of Revision Maintenance Requirements (CMRs), D6– intervals, or CDCCLs may be used unless the 38278–CMR, Revision May 2009; to do the March 2008 of Document D6–38278–CMR, or inspections, intervals, or CDCCLs are actions required by this AD, unless the AD Revision May 2009 of Document D6–38278– approved as an AMOC in accordance with CMR. As an optional action, AWLs No. 28– the procedures specified in paragraph (k) of specifies otherwise. AWL–21 through No. 28–AWL–23 inclusive, this AD. (1) The Director of the Federal Register as identified in Section C of Revision March approved the incorporation by reference of 2008 of Document D6–38278–CMR, or Credit for Actions Done According to Boeing 737–100/200/200C/300/400/500 Revision May 2009 of Document D6–38278– Previous Revisions of the Service Information Airworthiness Limitations (AWLs) and CMR, also may be incorporated into the FAA- (j) Actions done before the effective date of Certification Maintenance Requirements approved maintenance program. this AD in accordance with the Boeing 737– (CMRs), D6–38278–CMR, Revision May 2009, (2) For Model 737–300, –400, and –500 100/200/200C/300/400/500 Airworthiness series airplanes: Section C, ‘‘FUEL SYSTEMS under 5 U.S.C. 552(a) and 1 CFR part 51. Limitations (AWLs) and Certification (2) The Director of the Federal Register AIRWORTHINESS LIMITATIONS,’’ Maintenance Requirements (CMRs), D6– previously approved the incorporation by including AWLs No. 28–AWL–01 through 38278–CMR, Revision May 2006; Revision No. 28–AWL–19 inclusive, Revision March September 2006; Revision November 2007; or reference of Boeing 737–100/200/200C/300/ 2008 of Document D6–38278–CMR, or Revision March 2008; are acceptable for 400/500 Airworthiness Limitations (AWLs) Revision May 2009 of Document D6–38278– compliance with the corresponding and Certification Maintenance Requirements CMR. As an optional action, AWLs No. 28– requirements of paragraphs (g) and (h) of this (CMRs), D6–38278–CMR, Revision March AWL–20 through No. 28–AWL–22 inclusive, AD. 2008, on June 12, 2008 (73 FR 25970, May as identified in Section C of Revision March 8, 2008). New Information 2008 of Document D6–38278–CMR, or (3) For service information identified in Revision May 2009 of Document D6–38278– Explanation of CDCCL Requirements this AD, contact Boeing Commercial CMR, also may be incorporated into the FAA- approved maintenance program. Note 2: Notwithstanding any other Airplanes, Attention: Data & Services maintenance or operational requirements, Management, P.O. Box 3707, MC 2H–65, Initial Inspection and Repair if Necessary components that have been identified as Seattle, Washington 98124–2207; telephone (h) For the airplanes identified in the airworthy or installed on the affected 206–544–5000, extension 1; fax 206–766– ‘‘Applicability’’ column of AWL No. 28– airplanes before the revision of the FAA- 5680; e-mail [email protected]; AWL–03 of Section C of Revision March approved maintenance program, as required Internet https://www.myboeingfleet.com. 2008 of Document D6–38278–CMR, or by paragraph (g) of this AD, do not need to (4) You may review copies of the service Revision May 2009 of Document D6–38278– be reworked in accordance with the CDCCLs. information at the FAA, Transport Airplane CMR: At the later of the compliance times However, once the FAA-approved Directorate, 1601 Lind Avenue, SW., Renton, specified in paragraphs (h)(1) and (h)(2) of maintenance program has been revised, Washington. For information on the this AD, do a special detailed inspection of future maintenance actions on these availability of this material at the FAA, call the lightning shield to ground termination on components must be done in accordance the out-of-tank fuel quantity indication with the CDCCLs. 425–227–1221 or 425–227–1152. system (FQIS) wiring to verify functional (5) You may also review copies of the integrity, in accordance with AWL No. 28– Alternative Methods of Compliance (AMOCs) service information that is incorporated by AWL–03 of Section C of Revision March (k)(1) The Manager, Seattle ACO, FAA, has reference at the National Archives and 2008 of Document D6–38278–CMR, or the authority to approve AMOCs for this AD, Records Administration (NARA). For Revision May 2009 of Document D6–38278– if requested using the procedures found in 14 information on the availability of this CMR. If any discrepancy is found during the CFR 39.19. Send information to ATTN: Sue material at NARA, call 202–741–6030, or go inspection, repair the discrepancy before Lucier, Aerospace Engineer, Propulsion to: http://www.archives.gov/federal_register/ further flight in accordance with AWL No. Branch, ANM–140S, FAA, Seattle Aircraft code_of_federal_regulations/ 28–AWL–03 of Section C of Revision March Certification Office, 1601 Lind Avenue, SW., ibr_locations.html. 2008 of Document D6–38278–CMR, or Renton, Washington 98057–3356; telephone Revision May 2009 of Document D6–38278– (425) 917–6438; fax (425) 917–6590. Or, Issued in Renton, Washington, on CMR. Accomplishing AWL No. 28–AWL–03 e-mail information to 9-ANM-Seattle-ACO- December 16, 2009. as part of an FAA-approved maintenance [email protected]. Stephen P. Boyd, program before the applicable compliance (2) To request a different method of Acting Manager, Transport Airplane time specified in paragraph (h)(1) or (h)(2) of compliance or a different compliance time this AD constitutes compliance with the for this AD, follow the procedures in 14 CFR Directorate, Aircraft Certification Service. requirements of this paragraph. 39.19. Before using any approved AMOC on [FR Doc. E9–30565 Filed 12–30–09; 8:45 am] Note 1: For the purposes of this AD, a any airplane to which the AMOC applies, BILLING CODE 4910–13–P special detailed inspection is: ‘‘An intensive notify your principal maintenance inspector examination of a specific item, installation, (PMI) or principal avionics inspector (PAI),

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DEPARTMENT OF TRANSPORTATION Examining the AD Docket Request for Credit for Actions You may examine the AD docket on Previously Accomplished Federal Aviation Administration the Internet at http:// FedEx requests credit for the actions www.regulations.gov; or in person at the previously accomplished. FedEx notes 14 CFR Part 39 Docket Management Facility between 9 that under its alternative method of a.m. and 5 p.m., Monday through [Docket No. FAA–2007–0186; Directorate compliance (AMOC) previously Identifier 2007–NM–226–AD; Amendment Friday, except Federal holidays. The AD approved by the FAA it has already 39–16156; AD 2009–26–17] docket contains this AD, the regulatory accomplished resistance checks evaluation, any comments received, and required by paragraphs (i)(2) and (j)(2) RIN 2120–AA64 other information. The address for the of the second supplemental NPRM on Docket Office (telephone 800–647–5527) its airplanes. FedEx notes that they Airworthiness Directives; McDonnell is the Document Management Facility, performed resistance checks in Douglas Corporation Model DC–10–10, U.S. Department of Transportation, accordance with the AMOC previously DC–10–10F, DC–10–15, DC–10–30, DC– Docket Operations, M–30, West granted by the FAA. FedEx states that it 10–30F (KC–10A and KDC–10), DC–10– Building Ground Floor, Room W12–140, will accomplish a resistance check of 40, DC–10–40F, MD–10–10F, and MD– 1200 New Jersey Avenue, SE., any bonding straps replaced. 10–30F Airplanes Washington, DC 20590. FedEx also requests credit for FOR FURTHER INFORMATION CONTACT: correctly installing the braided bonding AGENCY: Federal Aviation straps mentioned in paragraph (j)(1) of Administration (FAA), Department of Samuel Lee, Aerospace Engineer, the second supplemental NPRM, which Transportation (DOT). Propulsion Branch, ANM–140L, FAA, Los Angeles Aircraft Certification it accomplished in accordance with the ACTION: Final rule. Office, 3960 Paramount Boulevard, AMOC previously granted. We agree to provide credit for SUMMARY: The FAA is superseding an Lakewood, California 90712–4137; accomplishing the actions required by existing airworthiness directive (AD), telephone (562) 627–5262; fax (562) paragraphs (i)(2), (j)(1), and (j)(2) of this which applies to certain Model DC–10– 627–5210. final rule for the reasons that the 10, DC–10–10F, DC–10–15, DC–10–30, SUPPLEMENTARY INFORMATION: commenter provided. Paragraph (l)(3) of DC–10–30F (KC–10A and KDC–10), DC– Discussion the second supplemental NPRM already 10–40, and DC–10–40F airplanes. That states that AMOCs approved previously AD currently requires installing or The FAA issued a second in accordance with AD 2006–16–03 are replacing with improved parts, as supplemental notice of proposed approved as AMOCs for the applicable, the bonding straps between rulemaking (NPRM) to amend 14 CFR corresponding provisions of this AD. the metallic frame of the fillet and the part 39 to include an AD that Therefore, no change to this final rule is wing leading edge ribs, on both the left supersedes AD 2006–16–03, necessary. and right sides of the airplane. This new Amendment 39–14703 (71 FR 43962, August 3, 2006). The existing AD AD revises the applicability by adding Request To Change Applicability of applies to certain Model DC–10–10, DC– and removing certain airplanes. This Paragraph (h) of the Second 10–10F, DC–10–15, DC–10–30, DC–10– new AD requires, for certain airplanes, Supplemental NPRM 30F (KC–10A and KDC–10), DC–10–40, repositioning or replacing two bonding FedEx requests that we change the straps, and doing a bonding-resistance and DC–10–40F airplanes. The existing AD requires installing or replacing with identification of airplanes subject to check and an inspection to determine paragraph (h) of the second correct installation of certain bonding improved parts, as applicable, the bonding straps between the metallic supplemental NPRM. FedEx notes that straps, and applicable corrective paragraph (h) of the second actions. This AD results from fuel frame of the fillet and the wing leading edge ribs, on both the left and right supplemental NPRM specifies system reviews conducted by the ‘‘airplanes with fuselage numbers not manufacturer. We are issuing this AD to sides of the airplane. That second supplemental NPRM was published in identified in Table 2 of this AD except reduce the potential of ignition sources for airplanes identified in paragraph (i) inside fuel tanks in the event of a severe the Federal Register on September 1, 2009 (74 FR 45135). That second or (j) of this AD.’’ FedEx notes that its lightning strike, which, in combination fuselage 317 does not appear in the with flammable fuel vapors, could result supplemental NPRM proposed to add a requirement to reposition or replace effectivity of either Boeing Service in fuel tank explosions and consequent Bulletin DC10–53–111, Revision 6, loss of the airplane. bonding straps for certain airplanes, and for certain airplanes, a bonding- dated March 3, 2009; or Boeing Service DATES: This AD becomes effective resistance check and an inspection to Bulletin DC10–53–109, Revision 7, February 4, 2010. determine correct installation of certain dated March 3, 2009 (the airplane The Director of the Federal Register bonding straps, and applicable groups identified in those service approved the incorporation by reference corrective actions. The second bulletins are referenced in paragraphs (i) of certain publications listed in the AD supplemental NPRM also proposed to and (j) of this AD). FedEx assumes that as of February 4, 2010. revise the applicability by adding and paragraph (h) was added to address this ADDRESSES: For service information removing certain airplanes. airplane and other airplanes that did not identified in this AD, contact Boeing appear in either service bulletin. FedEx Commercial Airplanes, Attention: Data Comments notes that the effectivity issues as they & Services Management, 3855 We provided the public the pertained to its fleet were sorted out in Lakewood Boulevard, MC D800–0019, opportunity to participate in the its AMOC request. Long Beach, California 90846–0001; development of this AD. We have We disagree that it is necessary to telephone 206–544–5000, extension 2; considered the comments from the sole address fuselage number 317 and the fax 206–766–5683; e-mail commenter, FedEx, that have been other airplane fuselage numbers in this [email protected]; Internet received on the second supplemental final rule because the effectivity has https://www.myboeingfleet.comd. NPRM. been corrected in the effectivity sections

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of the Boeing service bulletins listed in supplemental NPRM to help operators We agree that clarification may be Table 1 of this AD and/or previously determine the correct braided bonding necessary. Boeing has corrected Table 1 approved AMOCs. We have not changed strap. FedEx suggests changing in the effectivity sections of the service the AD in regard to this issue. paragraph (j)(1) to state: ‘‘Do a general bulletins referenced in Table 2 of this visual inspection to verify correct Request To Revise Paragraph (h) of the AD. We have not changed this AD in Second Supplemental NPRM installation of two braided bonding this regard. straps (one LH wing and one RH wing) FedEx requests that we remove the as shown [in] Boeing Service Bulletin Conclusion phrase ‘‘and reposition two bonding DC–10–53–111, Revision 6, Figure 3, We have carefully reviewed the straps’’ from paragraph (h) of the second Sheet 7 of 9.’’ supplemental NPRM. FedEx states that available data, including the comments We agree that this change provides if airplanes have not been modified to that have been received, and determined additional beneficial information to comply with the intent of the applicable that air safety and the public interest operators. We have revised paragraph service bulletin referenced in paragraph require adopting the AD with the (j)(1) of the final AD accordingly. (h) of the second supplemental NPRM, changes described previously. We have then they would not have any bonding Request To Clarify Effectivity Sections determined that these changes will straps that require only repositioning. of the Service Bulletins in Table 2 neither increase the economic burden We agree to remove the phrase ‘‘and on any operator nor increase the scope FedEx requests that we note that the reposition two bonding straps’’ from of the AD. paragraph (h) of the second effectivity sections in the service supplemental NPRM in this final rule bulletins identified in Table 2 of the Costs of Compliance for the reason stated by the commenter. second supplemental NPRM have 25 fuselage numbers that appear in both There are about 457 airplanes of the Request To Clarify Paragraph (j)(1) of service bulletins. FedEx states that we affected design in the worldwide fleet. the Second Supplemental NPRM may wish to address these fuselage The following table provides the FedEx requests that we clarify numbers in some manner in the estimated costs for U.S. operators to paragraph (j)(1) of the second proposed rule. comply with this AD.

ESTIMATED COSTS

Number of Work hours Average labor rate Parts Cost per airplane U.S.-registered Fleet cost per hour airplanes

2–17 ...... $80 Up to $4,169 ...... Up to $5,529 ...... 281 Up to $1,553,649.

Authority for This Rulemaking or on the distribution of power and PART 39—AIRWORTHINESS responsibilities among the various Title 49 of the United States Code DIRECTIVES levels of government. specifies the FAA’s authority to issue ■ 1. The authority citation for part 39 rules on aviation safety. Subtitle I, For the reasons discussed above, I continues to read as follows: Section 106, describes the authority of certify that this AD: Authority: 49 U.S.C. 106(g), 40113, 44701. the FAA Administrator. Subtitle VII, (1) Is not a ‘‘significant regulatory Aviation Programs, describes in more action’’ under Executive Order 12866; § 39.13 [Amended] detail the scope of the Agency’s (2) Is not a ‘‘significant rule’’ under ■ 2. The Federal Aviation authority. DOT Regulatory Policies and Procedures Administration (FAA) amends § 39.13 We are issuing this rulemaking under (44 FR 11034, February 26, 1979); and by removing amendment 39–14703 (71 the authority described in Subtitle VII, (3) Will not have a significant FR 43962, August 3, 2006) and by Part A, Subpart III, Section 44701, economic impact, positive or negative, adding the following new airworthiness ‘‘General requirements.’’ Under that on a substantial number of small entities directive (AD): section, Congress charges the FAA with under the criteria of the Regulatory 2009–26–17 McDonnell Douglas promoting safe flight of civil aircraft in Flexibility Act. Corporation: Amendment 39–16156. air commerce by prescribing regulations We prepared a regulatory evaluation Docket No. FAA–2007–0186; Directorate for practices, methods, and procedures Identifier 2007–NM–226–AD. of the estimated costs to comply with the Administrator finds necessary for this AD and placed it in the AD docket. Effective Date safety in air commerce. This regulation See the ADDRESSES is within the scope of that authority section for a location (a) This AD becomes effective February 4, 2010. because it addresses an unsafe condition to examine the regulatory evaluation. that is likely to exist or develop on List of Subjects in 14 CFR Part 39 Affected ADs products identified in this rulemaking (b) This AD supersedes AD 2006–16–03, action. Air transportation, Aircraft, Aviation Amendment 39–14703. safety, Incorporation by reference, Regulatory Findings Safety. Applicability We have determined that this AD will (c) This AD applies to McDonnell Douglas Adoption of the Amendment Corporation Model DC–10–10, DC–10–10F, not have federalism implications under DC–10–15, DC–10–30, DC–10–30F (KC–10A ■ Executive Order 13132. This AD will Accordingly, under the authority and KDC–10), DC–10–40, and DC–10–40F not have a substantial direct effect on delegated to me by the Administrator, airplanes, and MD–10–10F and MD–10–30F the States, on the relationship between the FAA amends 14 CFR part 39 as airplanes that have been converted from the national government and the States, follows: Model DC–10 series airplanes; certificated in

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any category; with manufacturer’s fuselage numbers as identified in the applicable service bulletin listed in Table 1 of this AD.

TABLE 1—APPLICABILITY

Boeing Service Bulletin— Revision— Dated— For airplanes with—

DC10–53–109 ...... 7 March 3, 2009 ...... Extended wing-to-fuselage fillets. DC10–53–111 ...... 6 March 3, 2009 ...... Conventional wing-to-fuselage fillets.

Subject Compliance September 7, 2006 (the effective date of AD (d) Air Transport Association (ATA) of (f) You are responsible for having the 2006–16–03), whichever occurs earlier: America Code 53: Fuselage. actions required by this AD performed within Install or replace with improved parts, as the compliance times specified, unless the applicable, the bonding straps between the Unsafe Condition actions have already been done. metallic frame of the fillet and the wing leading edge ribs, on both the left and right (e) This AD results from fuel system Restatement of Requirements of AD 2006– sides of the airplane, in accordance with the reviews conducted by the manufacturer. We 16–03, With New Service Information are issuing this AD to reduce the potential of Accomplishment Instructions of the ignition sources inside fuel tanks in the event Installation or Replacement applicable service bulletin identified in Table of a severe lightning strike, which, in (g) For airplanes with manufacturer’s 2 of this AD or Table 1 of this AD. After the combination with flammable fuel vapors, fuselage numbers identified in the applicable effective date of this AD, use the applicable could result in fuel tank explosions and service bulletin listed in Table 2 of this AD: service bulletin identified in Table 1 of this consequent loss of the airplane. Within 7,500 flight hours or 60 months after AD.

TABLE 2—FUSELAGE NUMBERS AFFECTED BY AD 2006–16–03

McDonnell Douglas DC–10 Service Bulletin— Revision— Dated— For airplanes with—

53–109 ...... 4 October 7, 1992 ...... Extended wing-to-fuselage fillets. 53–111 ...... 3 August 24, 1992 ...... Conventional wing-to-fuselage fillets.

New Requirements of This AD Inspection and Corrective Action for Certain Alternative Methods of Compliance Airplanes (AMOCs) Installation or Replacement (j) For Group 1–2, Configuration 2 (l)(1) The Manager, Los Angeles Aircraft (h) For airplanes with fuselage numbers airplanes, as identified in Boeing Service Certification Office (ACO), FAA, has the not identified in Table 2 of this AD except Bulletin DC10–53–111, Revision 6, dated authority to approve AMOCs for this AD, if for airplanes identified in paragraph (i) or (j) March 3, 2009: Within 7,500 flight hours or requested using the procedures found in 14 of this AD: Within 7,500 flight hours or 60 60 months after the effective date of this AD, CFR 39.19. Send information to ATTN: months, whichever occurs first after the whichever occurs first, do the actions Samuel Lee, Aerospace Engineer, Propulsion effective date of this AD, install or replace specified in paragraphs (j)(1) and (j)(2) of this Branch, ANM–140L, FAA, Los Angeles with improved parts, as applicable, the bonding straps between the metallic frame of AD. Aircraft Certification Office, 3960 Paramount the fillet and the wing leading edge ribs, on (1) Do a general visual inspection to verify Boulevard, Lakewood, California 90712– both the left and right sides of the airplane. correct installation of the braided bonding 4137; telephone (562) 627–5262; fax (562) Do the actions in accordance with the straps (one left-hand wing and one right- 627–5210. Accomplishment Instructions of the hand wing) as shown in Sheet 7 in Figure 3 (2) To request a different method of applicable service bulletin identified in Table of Boeing Service Bulletin DC10–53–111, compliance or a different compliance time 1 of this AD. Revision 6, dated March 3, 2009, and, before for this AD, follow the procedures in 14 CFR further flight, do all applicable corrective 39.19. Before using any approved AMOC on Strap Repositioning for Certain Airplanes actions, in accordance with the any airplane to which the AMOC applies, (i) For Group 1–4, Configuration 3 Accomplishment Instructions of Boeing notify your principal maintenance inspector airplanes, as identified in Boeing Service Service Bulletin DC10–53–111, Revision 6, (PMI) or principal avionics inspector (PAI), Bulletin DC10–53–109, Revision 7, dated dated March 3, 2009. as appropriate, or lacking a principal March 3, 2009: Within 7,500 flight hours or (2) Measure the resistance of the previously inspector, your local Flight Standards District 60 months after the effective date of this AD, installed bonding straps and, before further Office. The AMOC approval letter must whichever occurs first, do the actions flight, do all applicable corrective actions, in specifically reference this AD. specified in paragraphs (i)(1) and (i)(2) of this accordance with the Accomplishment (3) AMOCs approved previously in AD. Instructions of Boeing Service Bulletin accordance with AD 2006–16–03 are (1) Remove two braided bonding straps and DC10–53–111, Revision 6, dated March 3, approved as AMOCs for the corresponding install two longer braided bonding straps 2009. provisions of this AD. between the metallic frame of the fillet and the wing leading edge ribs, in accordance Credit for Actions Accomplished in Material Incorporated by Reference with the Accomplishment Instructions of Accordance With Previous Service (m) You must use Boeing Service Bulletin Boeing Service Bulletin DC10–53–109, Information DC10–53–109, Revision 7, dated March 3, Revision 7, dated March 3, 2009. (k) Actions accomplished before the 2009; and Boeing Service Bulletin DC10–53– (2) Measure the resistance of the previously effective date of this AD according to Boeing 111, Revision 6, dated March 3, 2009; as installed bonding straps and, before further Service Bulletin DC10–53–111, Revision 5, applicable; to do the actions required by this flight, do all applicable corrective actions, in dated March 19, 2008; and Boeing Service AD, unless the AD specifies otherwise. accordance with the Accomplishment Bulletin DC10–53–109, Revision 6, dated July (1) The Director of the Federal Register Instructions of Boeing Service Bulletin 10, 2008; are considered acceptable for approved the incorporation by reference of DC10–53–109, Revision 7, dated March 3, compliance with the corresponding action this service information under 5 U.S.C. 2009. specified in this AD. 552(a) and 1 CFR part 51.

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(2) For service information identified in History detail the scope of the agency’s this AD, contact Boeing Commercial authority. This rulemaking is Airplanes, Attention: Data & Services The FAA assumed responsibility for the Air Traffic Control Tower at Myrtle promulgated under the authority Management, 3855 Lakewood Boulevard, MC described in Subtitle VII, Part A, D800–0019, Long Beach, California 90846– Beach AFB from the United States Air 0001; telephone 206–544–5000, extension 2; Force on December 27, 1992. On Subpart I, Section 40103. Under that fax 206–766–5683; e-mail February 12, 1997, a final rule section, the FAA is charged with [email protected]; Internet https:// published in the Federal Register (62 prescribing regulations to assign the use www.myboeingfleet.com. FR 6698) established Class C airspace, of airspace necessary to ensure the (3) You may review copies of the service revoked Class D airspace, and changed safety of aircraft and the efficient use of information at the FAA, Transport Airplane the airport name to Myrtle Beach airspace. This regulation in within the Directorate, 1601 Lind Avenue, SW., Renton, scope of that authority as it amends the Washington. For information on the International Airport, Myrtle Beach, SC. However, the existing Class E airspace airspace description for Myrtle Beach, availability of this material at the FAA, call SC, Class E airspace. 425–227–1221 or 425–227–1152. area for Myrtle Beach, SC, was not (4) You may also review copies of the amended to reflect the airport name Accordingly, since this action merely service information that is incorporated by change. This action will make that involves a change in the legal reference at the National Archives and change. There are no changes to the description of the Myrtle Beach, SC, Records Administration (NARA). For boundaries or altitudes within this Class E airspace area, and does not information on the availability of this airspace area. Designations for Class E involve a change in the dimensions or material at NARA, call 202–741–6030, or go airspace areas extending upward from operating requirements of that airspace, to: http://www.archives.gov/federal_register/ code_of_federal_regulations/ 700 feet or more above the surface of the notice and public comment under 5 ibr_locations.html. earth are published in FAA Order U.S.C. 553(b) are unnecessary. 7400.9T, signed August 27, 2009, and Lists of Subjects in 14 CFR Part 71 Issued in Renton, Washington, on effective September 15, 2009, which is December 17, 2009. incorporated by reference in 14 CFR Stephen P. Boyd, Airspace, Incorporation by reference, part 71.1. The Class E designations Navigation (air). Acting Manager, Transport Airplane listed in this document will be Directorate, Aircraft Certification Service. published subsequently in the Order. The Amendment [FR Doc. E9–30698 Filed 12–30–09; 8:45 am] BILLING CODE 4910–13–P The Rule ■ In consideration of the foregoing, the This action amends Title 14, Code of Federal Aviation Administration Federal Regulations (14 CFR) part 71 by amends 14 CFR part 71 as follows: DEPARTMENT OF TRANSPORTATION denoting the renaming of the airport PART 71—DESIGNATION OF CLASS A, Federal Aviation Administration from Myrtle Beach AFB, to Myrtle Beach International Airport, Myrtle B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND 14 CFR Part 71 Beach, SC. This action also adjusts the geographic coordinates of Myrtle Beach REPORTING POINTS [Docket No. FAA–2009–0650; Airspace International Airport and Grand Strand ■ 1. The authority citation for part 71 Docket No. 09–ASO–20] Airport to coincide with the FAA’s continues to read as follows: National Aeronautical Charting Office. Amendment of Class E Airspace; There are no changes to the boundaries Authority: 49 U.S.C. 106(g); 40103, 40113, Myrtle Beach, SC or altitudes within this airspace area. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. AGENCY: Federal Aviation The FAA has determined that this Administration (FAA), DOT. regulation only involves an established § 71.1 [Amended] body of technical regulations for which ACTION: Final rule. frequent and routine amendments are ■ 2. The incorporation by reference in SUMMARY: This action changes the necessary to keep them operationally 14 CFR 71.1 of Federal Aviation airport name for the Myrtle Beach, SC, current. It, therefore, (1) Is not a Administration Order 7400.9T, Airspace Class E airspace area from Myrtle Beach ‘‘significant regulatory action’’ under Designations and Reporting Points, AFB, to Myrtle Beach International Executive Order 12866; (2) is not a signed August 27, 2009, and effective Airport. This action also will update the ‘‘significant rule’’ under DOT September 15, 2009, is amended as geographic coordinates of the airports Regulatory Policies and Procedures (44 follows: FR 11034; February 26, 1979); and (3) within the controlled airspace. Paragraph 6005 Class E Airspace Areas DATES: Effective 0901 UTC, February 11, does not warrant preparation of a Extending Upward From 700 Feet or More 2010. The Director of the Federal Regulatory Evaluation as the anticipated Above the Surface of the Earth. impact is so minimal. Since this is a Register approves this incorporation by * * * * * reference action under Title 1, Code of routine matter that will only affect air Federal Regulations, part 51, subject to traffic procedures and air navigation, it ASO SC E5 Myrtle Beach, SC [Amended] the annual revision of FAA Order is certified that this rule, when Myrtle Beach International Airport, SC 7400.9 and publication of conforming promulgated, will not have a significant (Lat. 33°40′47″ N., Long. 78°55′42″ W.) amendments. economic impact on a substantial North Myrtle Beach, Grand Strand Airport, number of small entities under the SC FOR FURTHER INFORMATION CONTACT: criteria of the Regulatory Flexibility Act. (Lat. 33°48′42″ N., Long. 78°43′26″ W.) Melinda Giddens, Operations Support The FAA’s authority to issue rules That airspace extending upward from 700 Group, Eastern Service Center, Federal regarding aviation safety is found in feet above the surface within a 7-mile radius Aviation Administration, P.O. Box Title 49 of the U.S. Code. Subtitle 1, of the Myrtle Beach International Airport and 20636, Atlanta, Georgia 30320; Section 106 describes the authority of within an 8-mile radius of Grand Strand telephone (404) 305–5610. the FAA Administrator. Subtitle VII, Airport. SUPPLEMENTARY INFORMATION: Aviation Programs, describes in more * * * * *

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Issued in College Park, Georgia, on Authority for This Rulemaking number of NMACs between Luke F–16s December 9, 2009. The FAA’s authority to issue rules and VFR aircraft indicates VFR pilots Barry A. Knight, regarding aviation safety is found in are not avoiding this area of Acting Manager, Operations Support Group, Title 49 of the United States Code. concentrated student jet transition Eastern Service Center, Air Traffic Subtitle I, section 106, describes the training. Organization. Operational problems affecting safety authority of the FAA Administrator, [FR Doc. E9–30288 Filed 12–30–09; 8:45 am] in the Luke terminal airspace area are including the authority to issue, rescind, acute and include complex and BILLING CODE 4910–13–P and revise regulations. Subtitle VII, voluminous traffic, aircraft congestion, Aviation Programs, describes, in more terrain that constrains aircraft DEPARTMENT OF TRANSPORTATION detail, the scope of the agency’s operations, and the uncontrolled mix of authority. instrument flight rules (IFR) and VFR Federal Aviation Administration This rulemaking is promulgated traffic. Luke RAPCON traffic counts under the authority described in subtitle show a mix of military F–16 aircraft 14 CFR Part 93 VII, part A, subpart I, chapter 401, operations, GA traffic operations, and section 40103(b), which allows the some civil air carrier operations. F–16 [Docket No.: FAA–2008–1087; Amendment Administrator to regulate the use of the aircraft operate at significantly higher No. 93–95] navigable airspace necessary to ensure airspeeds than civil GA traffic, normally the safety of aircraft and the efficient 200+ knots faster on arrival and 250+ RIN 2120–AJ29 use of airspace. Moreover, subtitle VII, knots faster on departure. This part A, subpart III, chapter 447, section Establishment of a Special Air Traffic difference in airspeed creates extreme 44701(c) authorizes the Administrator to closure rates between converging F–16 Rule in the Vicinity of Luke Air Force regulate air commerce in a way that Base (AFB), AZ and GA aircraft. In addition, complexity helps to reduce or eliminate the is increased because GA pilots often do AGENCY: Federal Aviation possibility or recurrence of accidents in not detect all the aircraft in a military Administration (FAA), DOT. air transportation. This change is within flight formation. Student pilot training the scope of our authority and is a ACTION: Final rule. in the F–16 aircraft, combined with reasonable and necessary exercise of our student flight training in GA aircraft, SUMMARY: This rule establishes a Special statutory obligations. also increases the potential for a near Air Traffic Rule (SATR) in the vicinity Background midair collision. of Luke Air Force Base (Luke) which The average number of conflicts requires aircraft operating under visual Luke Air Force Base (Luke) is home between controlled and uncontrolled flight rules (VFR) to establish two-way to the 56th Fighter Wing, the United aircraft has increased since 2000. In the radio communication with the Luke States Air Force’s (USAF’s) largest five year period from 2000 to 2005, Radar Approach Control (RAPCON) fighter wing. Since 1941, Luke has there were 76 NMACs reported. In the prior to entering the SATR area and trained pilots and other aircrew two year period from 2006 to 2008, 58 maintain communication while members for America’s frontline fighter NMACs were reported. Aircraft track operating in the area. The SATR is aircraft. Today, over 200 F–16s conduct data modeling tools indicate a active during official daylight hours more than 201,000 annual operations, significant volume of GA traffic crossing Monday through Friday while Luke and most of these operations are for Luke’s primary instrument final pilot flight training is underway, as student training. approach course. This data indicates a broadcast on the local Automatic Situated beneath the Phoenix Class B direct correlation between NMAC Terminal Information Service (ATIS), Airspace Area, the Luke terminal area events and the proximity/flight patterns and other times by Notice to Airmen consists of Class D airspace. The of GA traffic operating out of DVT. Data (NOTAM). This action is necessary to Phoenix Deer Valley Airport (DVT), (the track analysis also shows GA traffic address reported near midair collisions nation’s third busiest general aviation from Goodyear Airport (GYR) and (NMACs) in the area around Luke and (GA) airport in 2004 and second busiest Glendale Airport (GEU) crossing the will help reduce the potential for midair in 2008), is within 5 nautical miles of final approach course and departure collisions in the vicinity of Luke. the Luke terminal airspace. There are path for Runway 21 at Luke. For two flight schools and two fixed base additional information regarding the DATES: This amendment is effective May operators located at DVT, and the flight 6, 2010. Luke data track analysis go to: http:// schools conduct training in the vicinity www.faa.gov/about/office_org/ FOR FURTHER INFORMATION CONTACT: Ken of Luke. headquarters_offices/ato/service_units/ McElroy, Airspace and Rules Group, Alert Area A–231 is located adjacent systemops/aaim/organizations/ Office of System Operations Airspace to, and west of, Luke. Pilots conduct a airspace_rules/. and AIM, AJR–33 Federal Aviation large volume of jet training operations There are a number of prominent Administration, 800 Independence in Alert Area A–231. The USAF requires landmarks the GA community uses Avenue, SW., Washington, DC 20591; military pilots to establish when operating VFR. Two of these telephone: (202) 267–8783. E-mail: communication with the Luke Radar landmarks are the Glendale Arrowhead [email protected]. For legal Approach Control (RAPCON) and to be Mall and the Peoria Power Plant/ questions concerning this final rule alert when flying in Alert Area A–231. Substation, which are close to the Luke contact the Office of Chief Counsel, Pilots of civil aircraft are not required to Runway 21 final approach course. Luke Regulations Division, Air Traffic & establish communication with the Luke F–16s use the Peoria Power plant as a Certification of Airman Law Branch, RAPCON during transit. The USAF visual aid for turning to the final AGC–240 Federal Aviation Flight Safety Office at Luke points out approach course when conducting Administration, 800 Independence that reported NMACs are approximately formation landings. Also, many of the Avenue, SW., Washington, DC 20591; 3 per quarter of a year, and each flight schools use the Proving Grounds, telephone: (202) 267–3073. occurrence affects multiple aircraft in located approximately 5 miles north of SUPPLEMENTARY INFORMATION: the same formation. The significant the Luke Auxiliary Field, for conducting

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practice aircraft operations. Aircraft notations about avoiding the Luke area not equipped with an operational radio operations in the vicinity of the Proving during its peak operational hours. may make advance transit arrangements Grounds can conflict with the radar After analyzing the petition and the with the air traffic control (ATC) facility pattern for the Luke Auxiliary Field. initial response of the aviation at Luke AFB, which is consistent with Use of these prominent VFR landmarks community it generated, the FAA the NPRM. When discussing the ATIS, by GA traffic and others results in determined that proposing a SATR in and in section 93.176 of this final rule, conflicts with the IFR and VFR patterns the area had the potential to the FAA has substituted the word of Luke F–16s. significantly reduce safety problems in ‘‘broadcast’’ for ‘‘advertised.’’ When the Over the years, the USAF has been the vicinity of Luke. However, instead Luke NPRM was published (73 FR educating the local aviation community of requiring an air traffic clearance to 55792, September 26, 2008) the FAA about serious operational problems, operate in the area, the FAA assessed proposed to codify it as subpart N to including air traffic congestion, and the that a simple two-way radio part 93. Subsequently, another final rule uncontrolled mix of IFR and VFR traffic, communication requirement for pilots was published (73 FR 60544, October which impact safety around Luke. At operating around Luke would reduce 10, 2008) that used Subpart N. first, the USAF addressed these the NMAC risk. Therefore, the Luke subpart is now problems by making pilots at local Summary of the NPRM designated as Subpart O to part 93. airports and flight schools aware of the issue and urging aircraft operators to use On September 26, 2008, a notice of Discussion of the Final Rule various traffic services that could make proposed rulemaking (NPRM) was The FAA is amending Title 14 Code operations in the area safer. Although published (73 FR 55788) which of Federal Regulations (14 CFR) part 93 the ongoing educational efforts had a proposed establishment of a Special Air to establish a SATR in the vicinity of temporary impact on the number of Traffic Rule, in the vicinity of Luke Air Luke that requires aircraft operating NMACs and led to a slight reduction of Force Base (AFB), AZ. A technical under VFR to establish two-way radio near misses, there continues to be an correction was issued (73 FR 60996) communication with the Luke RAPCON average of one reported NMAC per October 15, 2008, to correct the docket prior to entering the SATR area and month. The USAF finally concluded number and extend the comment maintain communication while that safety problems at Luke were so period. The FAA proposed that operating in the area. acute they sought a rulemaking solution. operators conducting VFR operations A direct communication requirement Prior to filing a petition with the FAA, establish two-way radio communication is a cost-effective solution and does not the USAF provided its rulemaking with the Luke RAPCON prior to impose a significant burden on aircraft petition to interested airspace user entering the Luke SATR area, and operating in, or transiting, the airspace groups, elected officials, and others. The maintain communication while around Luke. It allows the GA USAF submitted its petition for operating in the area, at certain times, community unrestricted access to the rulemaking to the FAA on July 21, 2006, and otherwise by NOTAM. The FAA area for student pilots enrolled at GA along with the comments it received sought to address reported NMACs in flight schools in the vicinity of Luke. and USAF responses. The USAF the area around Luke and to reduce the The alternative is to continue to rely on petitioned the FAA to establish a SATR potential for NMACs. Interested parties the Air Force’s educational and in the vicinity of Luke which would were invited to participate in the awareness program, which has not require pilots, among other things, to rulemaking effort by submitting written resulted in a significant reduction in the obtain an air traffic clearance to operate comments on the proposal, and the number of conflicts and NMACs. in the area (FAA–2006–25459–1). The comment period closed December 15, Currently the Luke RAPCON provides USAF believed the growing amount of 2008. An analysis of the comments and radar advisory services to GA aircraft on VFR traffic combined with a high the FAA’s response are in the request, but safety can be significantly volume of military air traffic, as well as ‘‘Discussion of the Final Rule’’ section. heightened with the full participation of the number of NMACs occurring in the all aircraft operating within the vicinity Summary of the Final Rule Phoenix West Valley, fully justified of the Luke terminal area in a such an action. Local mayors, Members This action establishes a Special Air communication requirement. A of Congress, and U.S. Senators, as well Traffic Rule in the vicinity of Luke communication requirement provides as many aviation organizations, such as mandating a two-way communication an additional safety margin and Pan Am International Flight Academy, requirement for VFR operators effective increases the protection of both military Westwind School of Aeronautics, upon publication of the Phoenix (PHX) and GA operations by providing Luke Oxford Airline Training Center, Airline Terminal Area Chart and the PHX VFR controllers advance notice of VFR Training Center Arizona, Inc., and Sectional Aeronautical Charts aircraft transiting or operating within WESTMARC (a regional coalition of scheduled for May 6, 2010. The FAA the designated area. When pilots business, government, education and has determined that additional operating VFR take advantage of the community organizations), endorsed the safeguards for flight operations are available advisory services, they are petition and strongly supported the necessary in the vicinity of Luke and issued timely traffic advisories and action. this rule is necessary to reduce the assistance while in the area. The Aircraft Owners and Pilots potential for midair collisions between Luke will provide continuous Association (AOPA) and local pilot military and civilian pilots operating information on the status of the SATR associations, including the Deer Valley under VFR. for flight crews both in flight and on the Pilots Association (DVPA) and the The final rule and the proposed rule ground via landline and ATIS. This rule Arizona Pilots Association (APA), are similar except the FAA will move allows pilots flying VFR to access the responded to the USAF by opposing any the east boundary of the Luke Terminal active SATR area once communication action that would require air traffic area approximately one mile to the west is established with Luke RAPCON. A clearances to operate in the area. The in the vicinity of the Arrowhead Mall to clearance is not required. The associations maintained the near midair accommodate straight in arrivals for acceptance of flight following services problem could be solved through more runway 19 at GEU. The FAA is by VFR aircraft is recommended, but not education and more robust charting clarifying that only operators of aircraft required. Aircraft not equipped with an

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operational radio can make alternate user comments in developing the SATR, two-way radio contact with ATC prior arrangements by contacting the ATC better serving the requirements and to entering the area and to maintain facility at Luke AFB in advance of the safety needs of all airspace users. contact while in the area. The SATR proposed operation. The FAA does not agree. The FAA offers flight following services to pilots The FAA received 95 comments in reviewed and considered all comments on a strictly voluntary basis. Conversely, response to the NPRM. Of the 95 and recommendations in the Class C services include among other comments received, 78 did not identify preparation of the NPRM and this final things, separation, traffic advisories and any specific issue, but were critical of rule. While developing the proposal, the safety alerts between IFR and VFR the NPRM in general. Some commenters FAA specifically considered input from aircraft, and mandatory traffic had concerns regarding additional AOPA, and other local pilot advisories and safety alerts between airspace complexity, while others felt associations, such as the DVPA and the VFR aircraft. Class C services are the SATR created proficiency-training APA. These organizations stressed pilot required for all aircraft operating within issues and added frequency change education, and more robust charting, Class C airspace. The NPRM did not requirements. Seventeen commenters, with no clearance or flight plan propose to establish, and this final rule including Members of Congress and requirements. The FAA agreed that a does not establish, Class C airspace at local mayors support the proposal as a clearance requirement was too Luke or within the SATR area. necessary tool to reduce the potential restrictive, and determined that a The SATR does not define a new for NMACs. Below is a more detailed communication requirement would category of airspace, it is a procedural discussion of the rule broken down into provide the adequate level of additional requirement for the management of issue areas addressed by commenters. It safety to increase protection of both aircraft by ATC. The Luke SATR reflects the comments we received and military and GA aircraft. requires direct communication with the FAA’s response. The FAA determined that reliance on Luke RAPCON before entry and while nonrulemaking alternatives to provide operating in the designated area. The Data and Nonrulemaking Solutions an acceptable level of safety is no longer designated area and procedures will be The Aircraft Owners and Pilot’s appropriate. The FAA does not agree contained in 14 CFR part 93 which Association (AOPA) questioned the that additional education, outreach, prescribes special air traffic rules currency of the USAF NMAC working groups and more robust necessary for the safe and efficient information. AOPA asserted that the charting would provide an adequate management of air traffic. The SATR ‘‘USAF data was obsolete and stale, and level of additional safety. As discussed area is in no way similar to restricted was measured before industry efforts to in the NPRM and the background airspace as defined in 14 CFR part 73. alleviate the problem.’’ section of this final rule, the USAF has Restricted airspace is established to The FAA does not agree. Between conducted education and outreach 2000 and 2005 the aviation community activities with the affected aviation confine or segregate activities and the USAF were working to alleviate users over the years. In the last three considered hazardous to the NMAC problems in the vicinity of years, the USAF has held numerous nonparticipating aircraft, and within Luke and there were 76 reported meetings in the Phoenix Valley which flight is not prohibited, but is NMACs. Of these NMACs, 84% of the informing the public of its growing subject to restriction. The SATR is not documented occurrences were between safety concerns. These concerns center sterile nor does it prohibit or limit F–16 and GA aircraft and none of the around potential conflicts between aircraft access, so long as the aircraft GA aircraft were in communication with military and GA VFR traffic transiting operator complies with simple the Luke RAPCON. In December 2008, the Luke area and conflicts between communications requirements of this the FAA and the USAF initiated a aircraft turning on final approach to rule. It was developed to enhance safety review of 58 NMAC reports on file at the Runway 21. As discussed previously, and awareness within an area where Luke safety office which occurred the FAA assessed that a rulemaking high volumes of military and GA air during 2006 to 2008. The review solution was required to address the traffic exist. Both the NPRM and the disclosed 10 NMACs in 2006, 25 in number of NMACs, the high volume of final rule continue to allow GA access 2007, and 23 in 2008; 90%, 76% and military and GA activity in the area, and to the SATR area and the FAA neither 86% respectively were between F–16 to reduce the NMAC risk. proposed, nor implemented, restricted and GA aircraft. Because of the or sterile airspace. significant number of NMACs and the Size, Boundaries and Classification AOPA, the APA, and other high concentration of mixed high The FAA received comments commenters stated the proposed SATR performance military and GA aircraft in addressing the Luke SATR area. AOPA would derogate rather than improve the same area, the FAA continues to and the Aviation Safety Advisory Group safety. Specific concerns were pilots have a safety concern. of Arizona stated that the Luke SATR concentrating on their instruments and AOPA, pilots associations, and others closely resembles Class C airspace placing too much reliance upon ATC continue to oppose a rulemaking communication requirements for VFR rather than ‘‘see and avoid,’’ and the solution and maintain that education, aircraft entry, but may not meet the compression of air traffic into narrow more working groups and additional established criteria to create Class C corridors. Commenters claimed that study should be used. Commenters airspace. Others stated that the airspace compression may increase the impact of suggested the FAA form working groups is nonstandard or a new category of aircraft noise on underlying comprised of representatives from airspace. One commenter stated that the communities and noise sensitive areas. government as well as aviation FAA was creating, in effect, sterile or Commenters stated that the SATR area communities, to study problems that the restricted airspace. design is too ‘‘chopped up’’ with the proposed SATR is expected to solve. The FAA does not agree. Luke does floor varying in altitudes across Most of these commenters believe this not meet the enplaned or instrument different sub-areas, and at times, group should be actively involved in the approach requirements for Class C increased ‘‘funneling’’ of aircraft into development of workable solutions. One airspace. The only similarity between small vertical corridors at lower, and aviation organization thought the user the SATR and Class C airspace is the less safe, altitudes over populated areas forums would pay specific attention to requirement for operators to establish and terrain.

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The FAA does not agree. Direct and FAA determined that relocating the increasing the concentration of traffic in continuous communication boundary would not impact the final this area. He suggested raising the floor requirements for aircraft operating in approach path to runway 21 at Luke. In to 4,000′ and the ceiling to 5,000′ to the vicinity of the Luke terminal this final rule the FAA has moved the allow aircraft to avoid the SATR area by airspace area would reduce the number SATR boundary approximately 1 mile operating at 3,500′ and 4,500′ below it. of conflicts and the NMAC potential. west of the Arrowhead Mall to protect The FAA does not agree. First, very Continuous communication provides the straight-in approach to runway 19 at few aircraft currently circumnavigate controllers with the ability to exchange GEU. The FAA will not move the the airspace around Luke and a large timely and accurate aircraft position boundary 2 miles to the west, as percentage contact Luke and take part in information for both military and civil suggested by the comment, because the the flight following services offered by pilots operating in the area thus airspace is necessary to protect the final Luke RAPCON. Although there may be enhancing the pilots’ see and avoid approach path to runway 21. an increase in the number of aircraft capability. Another commenter suggested that would circumnavigate the SATR, The SATR area uses prominent eliminating the proposed SATR area the FAA does not expect the increase to geographical landmarks to define the and expanding the airport traffic area be significant or burdensome. Second, separate sub-areas that comprise the and control zone to the northwest by 5 aircraft operators can establish whole configuration. These sub-area miles. The FAA does not agree. In 1993, communication and operate within the boundaries are depicted on both the the FAA reclassified the regulatory SATR rather than navigate out of their PHX Terminal Area Chart and the VFR structure of the National Airspace way to avoid it. The SATR area was Sectional Aeronautical Chart to assist System (NAS). This was done primarily designed to protect aircraft on an the pilot with basic navigation. A to more closely align the airspace in the instrument approach to Runway 21L/R. uniform floor was considered and United States along International Civil The floor of this area was designated at rejected because it would have required Aviation Organization (ICAO) 3,000′ which provides a 500′ buffer a larger area than was needed to protect guidelines. The airspace previously between the lowest altitude in use on aircraft arriving and departing Luke. identified as Airport Traffic Areas and the instrument approach and any Regarding perceived issues of Control Zones were reclassified at that aircraft transiting or operating just compression or ‘‘funneling’’ of air time to Class D Airspace Areas. FAA beneath the SATR. traffic, pilots have two alternatives. Order 7400.2G, Procedures for Handling Another commenter suggested First, pilots may participate in SATR Airspace Matters, provides guidance on modifying or eliminating the segment of services and thus not be limited to the design of Class D airspace the proposed SATR labeled West Sector flying below the base of each area. nationally. It states that vertical and North which has a floor of 3,000′ and a Second, a pilot may deviate 2,000 feet lateral limits should be standardized ceiling of 6,000′. He stated that this area horizontally from the obstacle or and shall be designed to contain IFR intrudes into rising terrain in the populated area. FAA Advisory Circular arrival operations. The current Luke northwest and would force aircraft into (AC) 91–36D, Visual Flight Rules (VFR) Class D airspace area varies from 4.4 the foothills if pilots are trying to under Flight Near Noise-Sensitive Areas, miles to a 5.6 mile radius of Luke and fly this area. The FAA does not agree. recommends flights remain above 2,000 is configured in accordance with the This area was designed to protect the feet MSL, but the AC provisions do not above mentioned guidelines. Adding an Luke auxiliary field traffic pattern for apply when they conflict with additional 5 miles to the existing Class aircraft conducting touch and go regulations, ATC instructions, or when D airspace area is not supported by landings. The northwest point of this a pilot believes operating below 2,000 current design criteria, and has no area is the junction of Carefree Highway feet is necessary for the safety of the bearing on the scope of issues addressed and US60. The area is remote and there flight. The SATR area does not require by the SATR area. were not many landmarks that could be a clearance and was not conceived or Another commenter stated that the used as visual references. A small designed to force aircraft into FAA should establish VFR corridors portion of this area on the northern side circumnavigating the area but pilots can through the SATR area and allow pilots intrudes into rising terrain. Pilots may circumnavigate the area if necessary. in the VFR corridors to operate without avoid the rising terrain by establishing The area is not restrictive or prohibitive establishing and maintaining two-way contact with Luke RAPCON and and does not force aircraft into an radio communication with the Luke transiting the SATR or circumnavigating unsafe operating mode. Pilots who RAPCON. The FAA does not agree. The the area. choose not to contact the Luke RAPCON USAF sought an improvement in air Another commenter stated that the and avoid the SATR area do so safety when it petitioned the FAA to 2,100′ floor of the SATR area just west voluntarily. address the problem of NMACs in the of GYR does not allow transition for The FAA received comments proposed SATR area. The suggestion aircraft wishing to overfly GYR Class D suggesting changes to the boundaries, that pilots should be allowed to or aircraft departing/arriving GYR floors and ceilings of the Luke SATR. continue their current practice of not wishing to avoid the SATR area. The One commenter stated that the northeast contacting the Luke RAPCON and not FAA is establishing the 2,100′ floor to corner of the proposed SATR area is exchanging position information would protect Luke aircraft departing/arriving likely to cause unintentional incursions negate the basic purpose of the SATR, runway 03 L/R. Aircraft that do not by aircraft executing a straight-in which is to require two-way wish to contact Luke RAPCON for use approach to Runway 19 at GEU. These communication with Luke RAPCON to of the SATR area will have to approaches typically start over the improve safety. circumnavigate this area. Letters of Arrowhead Mall which is very close to Another commenter believed that the Agreement (LOA) will be entered into the northeast corner of the proposed segment of the proposed SATR area among Luke RAPCON and GYR, DVT SATR area. west of DVT and north of Luke that has and GEU Towers. The LOA will outline The FAA shares this concern and a floor of 3,000′ and a ceiling of 4,000′, special operating procedures to create a asked the USAF to reevaluate the will encourage pilots of aircraft seamless environment for GA proposed boundary in the vicinity of the departing or arriving GEU and/or DVT operations. Departure and arrival Arrowhead Mall. The USAF and the to under fly or circumnavigate procedures to and from the SATR

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boundaries and the airports, will be ATC for entry into the SATR area will Commenters had concerns about the referenced in the LOA. These be handled on a first-come, first-serve Luke SATR’s hours of operation. One procedures will allow GA operators to basis and as quickly as the controller stated that the proposed hours of proceed on course while movement can safely provide the service. Currently operation were not clear. Another information is passed between ATC a large percentage of VFR operators observed that the Luke RAPCON could facilities. This will negate abrupt contact Luke and exchange position open and close for just one flight and frequency changes and not having information. Though there may be an asked whether the SATR would be enough time to establish two-way increase in the number of aircraft activated for that situation. Another communication with the RAPCON prior establishing communication, the FAA noticed that the SATR was not active at to entering the SATR. does not expect the increase to be night. Others were concerned about One of the commenters was significant. access to the SATR area when the Luke concerned that the SATR area would FAA’s ATC experience has been that RAPCON is not open. infringe on, or virtually eliminate, frequency congestion does occur at peak The NPRM and the final rule both airspace used today for GA pilot demand periods at most major airports. state the Luke SATR is designated training. That is not the case. The SATR When such congestion occurs, resource during official daylight hours Monday area does not replace, eliminate, or adjustments are made on-site. Such through Friday, during flight training change any of the existing airspace adjustments include resectoring and operations. The area may be activated at structure or operating rules; it only adds assigning selected personnel. The USAF other times by NOTAM when necessary a requirement for two-way radio recognizes the potential exists for a need to support Luke flight training. Status of communication with Luke RAPCON to establish additional controller Luke flight training activities will be prior to entry and while in the area. The positions if delays during peak demand broadcast on Luke, DVT, GYR, and GEU SATR does not prohibit or restrict become a problem, and will respond local ATIS frequencies. The Luke ATIS aircraft access for any purpose including accordingly. also can be contacted via a local transit and/or training. Luke’s existing radio coverage is telephone call. Luke does occasionally sufficient to cover the area defined in open outside of normal hours to handle RAPCON Staffing and SATR Area the SATR including the ATIS. The VIP or other transient aircraft Hours of Operation USAF has installed additional movement, but the SATR area will not Several commenters addressed transceivers on the White Tank be activated routinely for those limited RAPCON staffing, communication Mountains radio relay site that enhance situations. coverage and access to the area. The the current radio coverage on the The SATR area is not necessary APA and others do not believe that Luke existing frequencies due to the height during nighttime operations primarily RAPCON can maintain adequate staffing and placement of the new transceivers. for three reasons. First, Luke’s primary to provide communication coverage Some commenters stated that the auxiliary airfield is closed at night and, as a result, GA aircraft will be operating rules for the SATR were not which significantly reduces the number denied access to the area. AOPA, APA clearly defined in the NPRM. They of F–16 aircraft transitioning between and other commenters were concerned requested clarification about whether a the auxiliary field and Luke. Second, about frequency congestions and one clearance from Luke was required, and aircraft are more easily visible at greater commenter stated that during periods of if separation services, including distances at night, thereby allowing peak traffic, Luke RAPCON may not be assigned headings, would be provided pilots more reasonable reaction time for able to immediately respond to aircraft to GA aircraft. Further, they asked if conflict avoidance with high wishing to establish two-way radio routine traffic advisories would be performance aircraft. Third, the SATR contact for entry into the SATR area, given, and if a transponder was area would be extremely difficult to thereby denying aircraft access to the required. navigate at night when visual landmarks area. Another commenter said that Luke As stated in the NPRM and final rule, are either not visible or not easily radio coverage may not be sufficient for an air traffic clearance is not required to distinguishable. Therefore, when all the airspace encompassed by the operate in the SATR area. The final rule limited Luke flight training activities are SATR area; especially the Luke ATIS. requires pilots to establish two-way conducted at night the SATR will not be The FAA does not agree. Staffing and radio communication with Luke active and GA pilots will have access to equipment resources are already in RAPCON prior to entering the SATR the area without a requirement to place to support the Luke SATR area. area, and to maintain communication communicate with the Luke RAPCON. Staffing and equipment levels are while operating in the area. Once two- adequate to provide all services without way communication is established, Gliders impacting safety or efficiency and the flight following service is available Pilots from the glider community USAF and the FAA do not expect upon request from Luke RAPCON. expressed concern that their operations staffing to be an issue for Luke. LOAs Pilots of those aircraft not equipped would be unfairly impacted. They stated and procedures will be developed to with radios, or with inoperable radios, that it was not clear that sailplanes operate the Luke SATR efficiently. can make advance arrangements with without transponders would be able to However, should circumstances arise the Luke RAPCON to coordinate transit operate within the SATR area. that indicate a need for additional through the area. The USAF requires The FAA agrees that clarification resources, action will be taken to obtain use of flight following service for about glider operations is needed. In them. military aircraft. The FAA recommends that regard, the USAF has worked with The ability to provide any ATC use of flight following services by GA. the glider community to address their service is limited by many factors, such Those aircraft participating in flight operational concerns. The USAF met as the volume of traffic, frequency of following services are provided traffic with the Pleasant Valley Sailplane congestion, controller workload, or advisory service as they transition the Association (PVSA) personnel to other higher priority duties that may not area. Separation services and headings discuss the glider community concerns. be apparent to a pilot requesting access will not be provided, and this rule does The USAF and the PVSA agreed to enter to the SATR area. Aircraft attempting to not change the current transponder into an LOA covering glider operation to establish two-way radio contact with requirements in 14 CFR 91.215. allow glider operations to continue. The

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Luke RAPCON plans to designate an This portion of the preamble the head of the agency may so certify assigned beacon code for the tow summarizes the FAA’s analysis of the and a regulatory flexibility analysis is planes. When the first tow plane of the economic impacts of this final rule. We not required. The certification must morning goes up on the discrete code, suggest readers seeking greater detail include a statement providing the the Luke RAPCON will show the glider read the full regulatory evaluation, a factual basis for this determination, and area active and provide general traffic copy of which we have placed in the the reasoning should be clear. advisories throughout the course of the docket for this rulemaking. This final rule will impose only day while the area is in use. The glider In conducting these analyses, FAA negligible costs on individuals operating operators will call the Luke RAPCON at has determined that this final rule: (1) GA aircraft in the Luke AFB vicinity the termination of the day’s glider Has benefits that justify its costs, (2) is under VFR. Most operators of GA activity. not an economically ‘‘significant aircraft are individuals, not small regulatory action’’ as defined in section business entities, and are not included Paperwork Reduction Act 3(f) of Executive Order 12866, (3) is not when performing a regulatory flexibility The Paperwork Reduction Act of 1995 ‘‘significant’’ as defined in DOT’s analysis. However, flight schools, as (44 U.S.C. 3507(d)) requires the FAA Regulatory Policies and Procedures; (4) well as GA operators flying for business consider the impact of paperwork and will not have a significant economic reasons, are considered small business other information collection burdens impact on a substantial number of small entities. The FAA assumes affected imposed on the public. We have entities; (5) will not create unnecessary instructors and operators use aircraft determined there is no current or new obstacles to the foreign commerce of the equipped with two-way radios, and requirement for information collection United States; and (6) will not impose therefore will not incur any extra costs. associated with this amendment. an unfunded mandate on state, local, or Therefore, as the FAA Administrator, I certify that this final rule will not have International Compatibility tribal governments, or on the private sector by exceeding the threshold a significant economic impact on a In keeping with U.S. obligations identified above. These analyses are substantial number of small entities. under the Convention on International summarized below. Civil Aviation, it is FAA policy to International Trade Analysis comply with International Civil Costs and Benefits of the Rule The Trade Agreements Act of 1979 Aviation Organization (ICAO) Standards The FAA believes that this rule will (Pub. L. 96–39), as amended by the and Recommended Practices to the impose minimal costs on VFR pilots of Uruguay Round Agreements Act (Pub. maximum extent practicable. The FAA GA aircraft, Luke AFB RAPCON and L. 103–465), prohibits Federal agencies has determined that there are no ICAO negligible cost on the FAA. The rule from establishing standards or engaging Standards and Recommended Practices will enhance aviation safety by reducing in related activities that create that correspond to these regulations. the risk of a midair collision in the unnecessary obstacles to the foreign commerce of the United States. Regulatory Evaluation, Regulatory SATR area. As a result, the FAA Pursuant to these Acts, the Flexibility Determination, International believes this rule is cost-beneficial. establishment of standards is not Trade Impact Assessment, and Regulatory Flexibility Determination considered an unnecessary obstacle to Unfunded Mandates Assessment The Regulatory Flexibility Act of 1980 the foreign commerce of the United Changes to Federal regulations must (Pub. L. 96–354) (RFA) establishes ‘‘as a States, so long as the standard has a undergo several economic analyses. principle of regulatory issuance that legitimate domestic objective, such as First, Executive Order 12866 directs that agencies shall endeavor, consistent with the protection of safety, and does not each Federal agency shall propose or the objectives of the rule and of operate in a manner that excludes adopt a regulation only upon a reasoned applicable statutes, to fit regulatory and imports that meet this objective. The determination that the benefits of the informational requirements to the scale statute also requires consideration of intended regulation justify its costs. of the businesses, organizations, and international standards and, where Second, the Regulatory Flexibility Act governmental jurisdictions subject to appropriate, that they be the basis for of 1980 (Pub. L. 96–354) requires regulation. To achieve this principle, U.S. standards. The FAA has assessed agencies to analyze the economic agencies are required to solicit and the potential effect of this final rule and impact of regulatory changes on small consider flexible regulatory proposals determined that it will have only a entities. Third, the Trade Agreements and to explain the rationale for their domestic impact and therefore will not Act (Pub. L. 96–39) prohibits agencies actions to ensure that such proposals are create unnecessary obstacles to the from setting standards that create given serious consideration.’’ The RFA foreign commerce of the United States. unnecessary obstacles to the foreign covers a wide range of small entities, Unfunded Mandates Assessment commerce of the United States. In including small businesses, not-for- developing U.S. standards, this Trade profit organizations, and small Title II of the Unfunded Mandates Act requires agencies to consider governmental jurisdictions. Reform Act of 1995 (Pub. L. 104–4) international standards and, where Agencies must perform a review to requires each Federal agency to prepare appropriate, that they be the basis of determine whether a rule will have a a written statement assessing the effects U.S. standards. Fourth, the Unfunded significant economic impact on a of any Federal mandate in a proposed or Mandates Reform Act of 1995 (Pub. L. substantial number of small entities. If final agency rule that may result in an 104–4) requires agencies to prepare a the agency determines that it will, the expenditure of $100 million or more written assessment of the costs, benefits, agency must prepare a regulatory (adjusted annually for inflation with the and other effects of proposed or final flexibility analysis as described in the base year 1995) in any one year by State, rules that include a Federal mandate RFA. local, and tribal governments, in the likely to result in the expenditure by However, if an agency determines that aggregate, or by the private sector; such State, local, or tribal governments, in the a rule is not expected to have a a mandate is deemed to be a ‘‘significant aggregate, or by the private sector, of significant economic impact on a regulatory action.’’ The level equivalent $100 million or more annually (adjusted substantial number of small entities, of $100 million in CY 1995, adjusted for for inflation with base year of 1995). section 605(b) of the RFA provides that inflation to CY 2007 levels by the

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Consumer Price Index for all Urban Anyone is able to search the § 93.176 Description of area. Consumers (CPI–U) as published by the electronic form of all comments The Luke Air Force Base, Arizona Bureau of Labor Statistics, is $136.1 received into any of our dockets by the Terminal Area is designated during million. This final rule does not contain name of the individual submitting the official daylight hours Monday through such a mandate. The requirements of comment (or signing the comment, if Friday while Luke pilot flight training is Title II do not apply. submitted on behalf of an association, underway, as broadcast on the local business, labor union, etc.). You may Automatic Terminal Information Executive Order 13132, Federalism review DOT’s complete Privacy Act Service (ATIS), and other times by The FAA has analyzed this final rule statement in the Federal Register Notice to Airmen (NOTAM), as follows: under the principles and criteria of published on April 11, 2000 (Volume (a) East Sector: Executive Order 13132, Federalism. We 65, Number 70; Pages 19477–78) or you (1) South section includes airspace determined that this action will not may visit http://DocketsInfo.dot.gov. extending from 3,000 feet MSL to the have a substantial direct effect on the base of the overlaying Phoenix Class B States, or the relationship between the Small Business Regulatory Enforcement airspace bounded by a line beginning at: Federal Government and the States, or Fairness Act Lat. 33°23′56″ N; Long. 112°28′37″ W; to on the distribution of power and The Small Business Regulatory Lat. 33°22′32″ N; Long. 112°37′14″ W; to responsibilities among the various Enforcement Fairness Act (SBREFA) of Lat. 33°25′39″ N; Long. 112°37′29″ W; to levels of government, and, therefore, 1996 requires FAA to comply with Lat. 33°31′55″ N; Long. 112°30′32″ W; to does not have federalism implications. small entity requests for information or Lat. 33°28′00″ N; Long. 112°28′41″ W; to advice about compliance with statutes point of beginning. Environmental Analysis and regulations within its jurisdiction. If (2) South section lower includes FAA Order 1050.1E identifies FAA you are a small entity and you have a airspace extending from 2,100 feet MSL actions that are categorically excluded question regarding this document, you to the base of the overlaying Phoenix from preparation of an environmental may contact your local FAA official, or Class B airspace, excluding the Luke assessment or environmental impact the person listed under the FOR FURTHER Class D airspace area bounded by a line ° ′ ″ statement under the National INFORMATION CONTACT heading at the beginning at: Lat. 33 28 00 N; Long. ° ′ ″ ° ′ ″ Environmental Policy Act (NEPA) in the beginning of the preamble. You can find 112 28 41 W; to Lat. 33 23 56 N; Long. ° ′ ″ ° ′ ″ absence of extraordinary circumstances. out more about SBREFA on the Internet 112 28 37 W; to Lat. 33 27 53 N; Long. ° ′ ″ The FAA has determined this proposed at http://www.faa.gov/ 112 24 12 W; to point of beginning. rulemaking action qualifies for the regulations_policies/rulemaking/ (3) Center section includes airspace categorical exclusion identified in sbre_act/. extending from surface to the base of the paragraph 312f and involves no overlaying Phoenix Class B airspace, extraordinary circumstances. List of Subjects in 14 CFR Part 93 excluding the Luke Class D airspace Air Traffic Control, Airports, Alaska, area bounded by a line beginning at: Lat. Regulations That Significantly Affect ° ′ ″ ° ′ ″ Navigation, Reporting and 33 42 22 N; Long. 112 19 16 W; to Lat. Energy Supply, Distribution, or Use ° ′ ″ ° ′ ″ recordkeeping requirements. 33 38 40 N; Long. 112 14 03 W; to Lat. The FAA analyzed this final rule 33°27′53″ N; Long. 112°24′12″ W; to Lat. under Executive Order 13211, Actions The Amendment 33°28′00″ N; Long. 112°28′41″ W; to Lat. ° ′ ″ ° ′ ″ Concerning Regulations that ■ In consideration of the foregoing, the 33 31 55 N; Long. 112 30 32 W; to Significantly Affect Energy Supply, Federal Aviation Administration point of beginning. Distribution, or Use (May 18, 2001). We amends Chapter I of Title 14, Code of (4) The north section includes that have determined that it is not a Federal Regulations, as follows: airspace extending upward from 3,000 ‘‘significant energy action’’ under the feet MSL to 4,000 feet MSL, bounded by executive order because it is not a PART 93—SPECIAL AIR TRAFFIC a line beginning at: Lat. 33°42′22″ N; ‘‘significant regulatory action’’ and is RULES Long. 112°19′16″ W; to Lat. 33°46′58″ N; not likely to have a significant adverse Long. 112°16′41″ W; to Lat. 33°44′48″ N; ■ effect on the supply, distribution, or use 1. The authority citation for part 93 Long. 112°10′59″ W; to Lat. 33°38′40″ N; of energy. continues to read as follows: Long. 112°14′03″ W; to point of Authority: 49 U.S.C. 106(g), 40103, 40106, beginning. Availability of Rulemaking Documents 40109, 40113, 44502, 44514, 44701, 44719, (b) West Sector: You can get an electronic copy of 46301. (1) The north section includes that rulemaking documents using the ■ 2. Add Subpart O to part 93 to read airspace extending upward from 3,000 Internet by— as follows: feet MSL to 6,000 feet MSL, bounded by 1. Searching the Federal eRulemaking a line beginning at: Lat. 33°51′52″ N; Subpart O—Special Flight Rules in the Long. 112°37′54″ W; to Lat. 33°49′34″ N; Portal (http://www.regulations.gov); Vicinity of Luke AFB, AZ 2. Visiting the FAA’s Regulations and Long. 112°23′34″ W; to Lat. 33°46′58″ N; Policies Web page at http:// Sec. Long. 112°16′41″ W; to Lat. 33°42′22″ N; www.faa.gov/regulations_policies/ or 93.175 Applicability. Long. 112°19′16″ W; to Lat. 33°39′27″ N; 3. Accessing the Government Printing 93.176 Description of area. Long. 112°22′27″ W; to point of 93.177 Operations in the Special Air Traffic Office’s Web page at http:// Rule Area. beginning. www.gpoaccess.gov/fr/index.html. (2) The south section includes that You can also get a copy by sending a Subpart O—Special Flight Rules in the airspace extending upward from the request to the Federal Aviation Vicinity of Luke AFB, AZ surface to 6,000 feet MSL, bounded by Administration, Office of Rulemaking, a line beginning at: Lat. 33°39′27″ N; ARM–1, 800 Independence Avenue, § 93.175 Applicability. Long. 112°22′27″ W; to Lat. 33°38′06″ N; SW., Washington, DC 20591, or by This subpart prescribes a Special Air Long. 112°23′51″ W; to Lat. 33°38′07″ N; calling (202) 267–9680. Make sure to Traffic Rule for aircraft conducting VFR Long. 112°28′50″ W; to Lat. 33°39′34″ N; identify the amendment number or operations in the vicinity of Luke Air Long. 112°31′39″ W; to Lat. 33°39′32″ N; docket number of this rulemaking. Force Base, AZ. Long. 112°37′36″ W; to Lat. 33°51′52″ N;

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Long. 112°37′54″ W; to point of clearing organizations (‘‘cleared OTC adjusted net capital in an amount that beginning. derivative positions’’); specify capital equals or exceeds the greatest of: deductions for FCM proprietary cleared $30,000; the amount of adjusted net § 93.177 Operations in the Special Air OTC derivative positions based on the Traffic Rule Area. capital required by a registered futures deductions required by the association of which the IB is a member; (a) Unless otherwise authorized by Commission’s regulations for FCM or, if the FCM is also a securities broker Air Traffic Control (ATC), no person proprietary positions in exchange- and dealer registered with the U.S. may operate an aircraft in flight within traded futures contracts and options the Luke Terminal Area designated in Securities and Exchange Commission contracts; and amend the FCM capital (‘‘SEC’’), the amount of net capital § 93.176 unless— computation to increase the applicable (1) Before operating within the Luke required by SEC Rule 15c3–1(a), 17 CFR percentage of the total margin-based § 240.15c3–1(a). Regulation 1.17(a)(1)(i) Terminal area, that person establishes requirement for futures, options and requires FCMs to maintain adjusted net radio contact with the Luke RAPCON; cleared OTC derivative positions in capital equal to or in excess of the and noncustomer accounts to eight percent. greatest of: $250,000; the FCM’s margin- (2) That person maintains two-way DATES: Effective March 31, 2010. radio communication with the Luke based or ‘‘risk-based’’ capital FOR FURTHER INFORMATION CONTACT: RAPCON or an appropriate ATC facility requirement, which is determined by Thelma Diaz, Associate Director, while within the designated area. adding together eight percent of the total Division of Clearing and Intermediary (b) Requests for deviation from the risk margin requirement for positions in Oversight, 1155 21st Street, NW., provisions of this section apply only to customer accounts, plus four percent of Washington, DC 20581. Telephone aircraft not equipped with an number: 202–418–5137; facsimile the total risk margin requirement for operational radio. The request must be number: 202–418–5547; and electronic positions carried in noncustomer submitted at least 24 hours before the mail: [email protected] or Mark Bretscher, accounts; the amount of adjusted net proposed operation to Luke RAPCON. Attorney-Advisor, Division of Clearing capital required by a registered futures Issued in Washington, DC, on December and Intermediary Oversight, Commodity association of which the FCM is a 18, 2009. Futures Trading Commission, 525 W. member; or, for an FCM also registered J. Randolph Babbitt, Monroe, Suite 1100, Chicago, Illinois with the SEC as securities broker and Administrator. 60661. Telephone number: 312–596– dealer, the amount of net capital [FR Doc. E9–30938 Filed 12–30–09; 8:45 am] 0529; facsimile number: 312–596–0714; required by SEC Rule 15c3–1(a). BILLING CODE 4910–13–P and electronic mail: As described in the Proposing [email protected]. Release, the Commission proposed SUPPLEMENTARY INFORMATION: several amendments to Regulation COMMODITY FUTURES TRADING 1.17(a) that generally would increase the I. Background COMMISSION adjusted net capital requirements of On May 7, 2009, the Commission FCMs and IBs. The comment period 17 CFR Part 1 published in the Federal Register for closed 60 days after publication in the public comment proposed amendments RIN 3038–AC66 Federal Register of the Proposing to the minimum financial requirements Release, during which nine comment Revised Adjusted Net Capital applicable to FCMs and IBs (‘‘Proposing letters were received. Responses were Release).1 As noted in the Proposing Requirements for Futures Commission submitted by Mindy Yost (‘‘Yost’’), an Release, Section 4f(b) of the Commodity Merchants and Introducing Brokers individual non-registrant; Newedge Exchange Act (‘‘Act’’) provides that USA, LLC (‘‘Newedge’’), an FCM/ AGENCY: Commodity Futures Trading FCMs and IBs must meet such Commission. minimum financial requirements as the broker-dealer; MF Global, Inc. (‘‘MF Global’’), an FCM; R.J. O’Brien & ACTION: Final rules. Commission may prescribe to insure that FCMs and IBs meet their Associates, LLC (‘‘RJO’’), an FCM; SUMMARY: The Commodity Futures obligations as registrants.2 FCMs are FCStone, LLC (‘‘FC Stone’’), an FCM; Trading Commission (‘‘Commission’’) is subject to greater capital requirements the Securities Industry and Financial amending its regulations that prescribe than IBs because the Act permits FCMs, Markets Association (‘‘SIFMA’’); CME minimum adjusted net capital but not IBs, to hold funds of customers Group, Inc. (‘‘CME’’); the Futures requirements for futures commission trading on designated contract markets Industry Association (‘‘FIA’’); and the merchants (‘‘FCMs’’) and introducing and to clear such customer positions National Futures Association (‘‘NFA’’). brokers (‘‘IBs’’). The amendments: with a DCO. CFTC Regulation 1.17 The concerns and suggestions of each of increase the required minimum dollar currently requires IBs and FCMs to the commenters are addressed below, in amount of adjusted net capital that an maintain adjusted net capital of $30,000 connection with the description of the IB must maintain from $30,000 to and $250,000 respectively, or to amendments being adopted by the $45,000; increase the required minimum maintain some greater amount as Commission.4 dollar amount of adjusted net capital determined under other calculations that an FCM must maintain from required by the regulation.3 $250,000 to $1,000,000; amend the Specifically, Commission Regulation 4 The Proposing Release also included a query computation of an FCM’s margin-based 1.17(a)(1)(iii) requires that IBs maintain soliciting comment on a topic for which no minimum adjusted net capital amendments to Commission regulations have yet requirement to incorporate into the 1 74 FR 21290 (May 7, 2009). Copies of the been proposed. Specifically, the Commission asked calculation customer and noncustomer Proposing Release and the comment letters received for comment on the advisability of expanding ANC by the Commission are also available on the requirements for FCMs that are also securities positions in over-the-counter derivative Commission’s Web site at http://www.cftc.gov. brokers and dealers, by increasing their ANC by the instruments that are submitted for 2 The Act is codified at 7 U.S.C. 1 et seq. amount of net capital required by SEC Rule 15c3– clearing by the FCM to derivatives 3 The Commission regulations cited herein may 1(a). No commenter supported this potential clearing organizations (‘‘DCOs’’) or other be found at 17 CFR Ch. I (2009). revision of FCM/BD capital requirements.

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II. Required Minimum Dollar Amount offered no comment regarding such cleared OTC derivative instruments 9 of Adjusted Net Capital for IBs and amounts.5 RJO, CME and the NFA held in customer segregated accounts FCMs expressly supported the proposal to governed by Section 4d of the Act and As noted above, Regulation 1.17(a) increase the minimum dollar amount Commission regulations. Various DCOs, includes the capital requirements capital requirement for FCMs and IBs. as part of their increasing efforts to clear established by registered futures FIA also supported the increase in the OTC derivative instruments, have associations when determining the level minimum dollar amount for FCM requested Commission orders of adjusted net capital that FCM and IBs capital requirements, and noted that IBs authorizing their clearing FCMs to must maintain. On July 31, 2006, the were already required by the NFA to commingle customers’ money, NFA, the sole registered futures maintain adjusted net capital of at least securities, and other property margining association, adopted minimum dollar $45,000. SIFMA’s comment was that it OTC-cleared derivative positions with amount requirements of $45,000 for IBs lacked sufficient information, either the money, securities, and other and $500,000 for FCMs. These same from the CFTC or derived on its own, property deposited by said customers to amounts therefore were effectively on which to base a comment, while the margin futures and options positions in applied in 2006 as adjusted net capital letters from FC Stone and Newedge segregated accounts established requirements for IBs and FCMs under were silent on the proposed pursuant to Section 4d of the Act.10 CFTC Regulation 1.17(a). amendments to revise the specified Therefore, the risk exposure of clearing The Proposing Release proposed dollar amounts in CFTC Regulation OTC derivative instruments extends not amending Regulation 1.17(a)(1) to revise 1.17(a)(1). For the reasons described only to the FCM, but also to the the specified dollar amounts in CFTC above, the Commission has determined segregated funds of its OTC, futures and to adopt the revised minimum dollar Regulation 1.17(a)(1) from $30,000 to options customers. Where OTC amounts as proposed in the Proposing $45,000 for IBs and from $250,000 to $1 customer funds are commingled with Release. million for FCMs. In light of existing the funds of futures and options NFA requirements, only the proposal to III. Cleared OTC Positions in FCM customers, the Commission has deemed increase the minimum dollar amount Capital Calculations it necessary to include OTC customer requirement for FCMs would result in positions in the definition of ‘‘customer an actual change in adjusted net capital In 2004, the Commission amended requirements. The effect of such a Regulation 1.17(a)(1)(i)(B) to include a 9 OTC derivative instrument is defined by Section change also would be minimized ‘‘risk-based’’ capital computation based 408(2) of the Federal Deposit Insurance Corporation because, as of September 30, 2009, all on margin, or performance bond, Improvement Act, 12 U.S.C.A. § 4421. As defined but two FCMs holding customer funds requirements applicable to positions there, the term ‘‘over-the-counter derivative already maintain adjusted net capital of instrument’’ includes ‘‘(A) any agreement, contract, carried by the FCM for its customers or transaction, including the terms and conditions $1 million or more. and noncustomers.6 Specifically, incorporated by reference in any such agreement, As noted in the Proposing Release, the Commission Regulation 1.17(a)(1)(i)(B) contract, or transaction, which is an interest rate adjusted net capital requirements was amended to require an FCM to swap, option, or forward agreement, including a rate floor, rate cap, rate collar, cross-currency rate adopted in 1996 of $30,000 for IBs and compute its risk-based capital $250,000 for FCMs do not reflect swap, basis swap, and forward rate agreement; a requirement as the sum of: (1) Eight same day-tomorrow, tomorrow-next, forward, or inflation and generally are no longer percent of the total risk margin 7 other foreign exchange or precious metals consistent with the regulatory objective requirement for positions carried by the agreement; a currency swap, option, or forward agreement; an equity index or equity swap, option, of requiring registrants to maintain a FCM in customer accounts and (2) four minimum base of liquid capital from or forward agreement; a debt index or debt swap, percent of the total risk margin option, or forward agreement; a credit spread or which to meet their financial requirement for positions carried by the credit swap, option, or forward agreement; a obligations, including their obligations FCM in noncustomer accounts. The commodity index or commodity swap, option, or forward agreement; and a weather swap, weather to customers. Comparing certain aspects Commission did not revise its of the industry then and now, the derivative, or weather option; (B) any agreement, regulations with respect to proprietary contract or transaction similar to any other Commission noted that as of August 31, futures and granted options positions of agreement, contract, or transaction referred to in 1995, there were 255 FCMs, which in FCMs, as such positions were already this clause that is presently, or in the future becomes, regularly entered into by parties that total were required to hold subject to capital deductions under approximately $30 billion of segregated participate in swap transactions (including terms Commission Regulation 1.17(c)(5)(x).8 and conditions incorporated by reference in the and secured amount funds for their agreement) and that is a forward, swap, or option customers. By June 30, 2009, the total The Proposing Release noted that the on one or more occurrences of any event, rates, amount of such funds had escalated to risk-based calculations of FCMs include currencies, commodities, equity securities or other approximately $175 billion, which 132 margin requirements for positions in equity instruments, debt securities or other debt instruments, economic or other indices or measures FCMs were required to hold for their of economic or other risk or value; (C) any customers. Thus, not only has there 5 The objections in Yost’s letter were directed agreement, contract, or transaction excluded from been a dramatic increase in the amounts primarily to the requirement for her to register as the Commodity Exchange Act under section 2(c), an IB. that FCMs must hold for their 2(d), 2(f), or 2(g) of such Act, or exempted under 6 The term noncustomer refers generally to section 2(h) or 4(c) of such Act; and (D) any option customers, but those funds have become affiliated persons of the FCM, including certain to enter into any, or any combination of, concentrated among far fewer FCMs. As officers and other employees. agreements, contracts or transactions referred to in an additional measure to ensure the 7 The term ‘‘risk margin’’ is defined at this subparagraph.’’ sound financial strength of FCMs and Commission Regulation 1.17(b)(8). 10 Examples of Commission orders under Section 8 In general, an FCM’s proprietary futures and 4d of the Act related to OTC clearing by DCOs IBs, the Commission therefore proposed granted options positions are subject to a deduction include an Order dated May 30, 2002 regarding revising the minimum dollar amount equal to 100 percent of the maintenance margin Treatment of Funds Held in Connection with the requirements for FCMs and IBs in CFTC requirement for positions that are cleared by Clearing of Over-the-Counter Products by the New Regulation 1.17(a). clearing organizations of which the FCM is a York Mercantile Exchange, and also Orders dated clearing member, and 150 percent of the March 3, 2006 and September 26, 2008 regarding The comments received by the maintenance margin requirement for positions that Treatment of Funds Held in Connection with the Commission generally supported the are cleared by clearing organizations of which the Clearing of Over-the-Counter Products by Chicago revised minimum dollar amounts or FCM is not a clearing member. Mercantile Exchange, Inc.

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accounts’’ for purposes of computing an The Commission has therefore may be inconsistent with the current FCM’s risk-based capital requirement. adopted the amendments to 1.17(b) and financial environment’s continuing FCMs may also, however, clear OTC (c) as proposed in the Proposing shifts and alterations. In contrast, the derivative instruments for which the Release. As hereby amended, the terms majority of commenters (RJO, MF margin received from customers is not proprietary account, noncustomer Global, CME, FIA and the NFA) held in segregated accounts under account, and customer account, as endorsed the Commission’s proposed Section 4d of the Act. The Proposing defined in Regulations 1.17(b)(3), (b)(4), amendment to increase from four Release therefore included amendments and (b)(7), are expanded to include percent to eight percent the required to enhance and update the provisions of ‘‘cleared OTC derivative positions’’, percentage applicable to noncustomer Regulation 1.17 to reflect the increase in which are defined in Regulation accounts in the risk-based capital clearing by FCMs of OTC derivative 1.17(b)(9) as the over the counter calculations of FCMs. In proposing this instruments. Under the proposed derivative instrument positions of any amendment, the Commission had noted amendments to paragraphs (b) and (c) of person 12 in accounts carried on the that when the lower risk margin Regulation 1.17, the capital treatment books of the FCM and cleared by any percentage for noncustomer positions for all cleared OTC derivative organization permitted to clear such had been adopted in 2004, the instrument positions would be similar instruments under the laws of the Commission and the self-regulatory to the capital treatment applicable to relevant jurisdiction. Additionally, the organizations believed that exchange-traded futures and options term ‘‘cleared OTC customers’’ is noncustomers’ accounts reflected less positions that are carried by the FCM for defined in paragraph (b)(10), and such credit risk to FCMs and the clearing itself, its customers, or its customers have been included among system because they were guaranteed by noncustomers. the FCM customers listed in paragraph a parent organization or other affiliated Five commenters (RJO, MF Global, (b)(2) of Regulation 1.17. Finally, the entity. However, the majority of the CME, FIA and the NFA) supported the Commission has amended Regulation commenters agreed with the Commission’s proposal to require FCMs 1.17(c)(5)(x) to require FCMs to take Commission’s conclusion in the to account for all cleared OTC derivative proprietary capital deductions for their Proposing Release that recent events positions carried for customers and cleared OTC derivative positions similar had demonstrated that the risk noncustomers in their risk-based capital to the capital deductions required for associated with noncustomer accounts calculations. They also supported the their proprietary futures and options may not necessarily be less than the risk Commission’s proposal to require FCMs positions. associated with customer accounts. The to take proprietary capital deductions III. Increasing Risk Margin Percentage Commission has therefore adopted as for their cleared OTC derivative for Noncustomer Positions proposed the amendment to Regulation positions similar to the capital 1.17(a) that requires the application of The Commission also proposed deductions required for their the same percentage with respect to the amending Regulation 1.17 so that an proprietary futures and options noncustomer and customer risk margin FCM’s risk-based capital requirement positions. Yost, FC Stone and Newedge requirements, thus requiring the FCM’s would be ten percent of the total risk made no comments regarding either total risk margin requirement to be margin requirement for positions carried proposal, and SIFMA stated that it was multiplied by eight percent. unable to offer a definitive view on the by the FCM in both customer accounts appropriateness of the proposed and noncustomer accounts. The IV. Effective Date changes and suggested that the proposed increase represented a more The Commission stated in the Commission refrain from taking action significant increase with respect to Proposing Release that it was pending further analysis of the issue. noncustomer accounts, as the FCM’s contemplating an effective date of sixty SIFMA also expressed concern that the risk-based capital calculations currently days after publication in the Federal capital requirements for cleared OTC includes a lower required percentage of Register of any of the amendments positions be coordinated among risk maintenance margin for adopted as final by the Commission. regulators to prevent regulatory noncustomer positions (four percent) The Commission received comments arbitrage or capital disincentives to clear than the required percentage for the from both the FIA and NFA on this such transactions. same positions in customer accounts topic, each of whom urged a longer The adoption of the proposed (eight percent). period of time before the effective date, The Commission received no amendments will neither prohibit nor in order to avoid a potential undue comments supporting the general inhibit the existing interaction among burden as a result of the increased increase for all margin-based capital Commission staff and the staff members capital requirements being adopted for calculations to ten percent. The reasons of other regulators of financial FCMs. FIA suggested a period of 120 cited for this lack of support varied institutions regarding matters of days after publication before the among the commenters, but the common interest and concern. To the effective date, while NFA stated only Commission is mindful that a common extent that new developments related to that the period should be longer than 60 underlying theme was that such an clearing suggest that further days. Taking into consideration these indiscriminate, broad-brush approach modification of the Commission’s comments and the purposes of the capital regulations may be appropriate, capital requirements adopted by this derivative instruments, for which the Commission the Commission may proceed, as requested comment but did not propose any final rulemaking, the amendments applicable, by issuing appropriate specific amendments in the Proposing Release. adopted herein will be effective as of the interpretive guidance to FCMs or by Only the CME and NFA commented on this date 90 days after their publication in requesting notice and comment on other question, and both agreed with the general the Federal Register. proposition that the definition should be revised to proposed amendments to its reflect that proprietary positions in cleared OTC 11 V. Related Matters regulations. derivatives instruments may be covered by positions that would qualify as cover for proprietary A. Regulatory Flexibility Act 11 Included in such continued review and futures and option positions. analysis is the possible revision of the definition of 12 The term ‘‘person’’ is defined in CFTC The Regulatory Flexibility Act ‘‘cover’’ in 1.17(j) with respect to cleared OTC Regulation 1.3(u). (‘‘RFA’’), 5 U.S.C. 601 et seq., requires

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that agencies, in amending their rules, terms, Section 15(a) as amended does ■ b. Revising paragraphs (b)(2), (b)(3), consider the impact of those not require the Commission to quantify introductory text of (b)(4), introductory amendments on small businesses. The the costs and benefits of a new text of (b)(7) and introductory text of Commission has previously determined regulation or to determine whether the (b)(8); that, based upon the fiduciary nature of benefits of the proposed regulation ■ c. Adding new paragraphs (b)(9) and FCM/customer relationships, as well as outweigh its costs. Rather, Section 15(a) (b)(10); and the requirement that FCMs meet simply requires the Commission to ■ d. Revising the introductory text of minimum financial requirements, FCMs ‘‘consider the costs and benefits’’ of its paragraph (c)(5)(x) to read as follows: should be excluded from the definition action. of small entity.13 With respect to IBs, § 1.17 Minimum financial requirements for Section 15(a) further specifies that futures commission merchants and the amendment to the minimum costs and benefits shall be evaluated in introducing brokers. adjusted net capital requirement for an light of five broad areas of market and (a)(1)(i) * * * IB merely conforms the Commission’s public concern: protection of market requirement to that of the NFA and, (A) $1,000,000; participants and the public; efficiency, (B) The futures commission therefore, should have no impact on an competitiveness, and financial integrity IB’s financial operations. Thus, the merchant’s risk-based capital of futures markets; price discovery; requirement, computed as eight percent proposal has no significant economic sound risk management practices; and impact on IBs. Accordingly, the of the total risk margin requirement for other public interest considerations. The positions carried by the futures Chairman, on behalf of the Commission, Commission, in its discretion, can hereby certifies, pursuant to 5 U.S.C. commission merchant in customer choose to give greater weight to any one accounts and noncustomer accounts. § 605(b), that the action it is taking of the five enumerated areas and herein will not have a significant determine that, notwithstanding its * * * * * economic impact on a substantial costs, a particular regulation is (iii) * * * number of small entities. necessary or appropriate to protect the (A) $45,000; * * * * * B. Paperwork Reduction Act public interest or to effectuate any of the provisions or to accomplish any of the (b) * * * The Paperwork Reduction Act of purposes of the Act. (1) * * * 1995, (‘‘PRA’’) 44 U.S.C. 3501 et seq., The Commission has considered the (2) Customer means customer (as imposes certain requirements on costs and benefits of the proposed defined in § 1.3(k)), option customer (as Federal agencies (including the amendments and determined that the defined in § 1.3(jj) and in § 32.1(c) of Commission) in connection with their amendments will result in additional this chapter), cleared over the counter conducting or sponsoring any collection protection of market participants and customer (as defined in § 1.17(b)(10)), of information as defined by the PRA. the public, enhancements to sound risk and includes a foreign futures, foreign This rulemaking does not include any management practices, enhanced options customer (as defined in § 30.1(c) increase in information collection financial integrity of futures markets of this chapter). requirements. The increase in the and other public interest considerations (3) Proprietary account means an percentage requirements applicable to and should have minimal or no effect on account in which commodity futures, risk margin requirements for customer the following areas: efficiency, options or cleared over the counter and noncustomer positions included in competitiveness or price discovery. derivative positions are carried on the risk-based capital calculation After considering these factors, the books of the applicant or registrant for constitutes a minor change to line item Commission has determined to adopt the applicant or registrant itself, or for 22 of the Form 1–FR–FCM, as does the the amendments to Regulation 1.17 as general partners in the applicant or minor change to Line 16 to include discussed herein. registrant. OTC-cleared products, but neither (4) Noncustomer account means an change would alter the related reporting List of Subjects in 17 CFR Part 1 account in which commodity futures, burden. The above analysis was Brokers, Commodity futures, options or cleared over the counter included in the proposing release, and Minimum financial requirements, derivative positions are carried on the as required by the PRA, the Commission Reporting and recordkeeping books of the applicant or registrant submitted a copy of this section to the requirements. which is either: Office of Management and Budget ■ Accordingly, 17 CFR Chapter I is * * * * * (‘‘OMB’’) for its review. No comments (7) Customer account means an amended as follows: were received in response to the account in which commodity futures, Commission’s invitation in the notice of options or cleared over the counter 14 PART 1—GENERAL REGULATIONS proposed rulemaking to comment on derivative positions are carried on the any change in the potential paperwork UNDER THE COMMODITY EXCHANGE ACT books of the applicant or registrant burden associated with these rule which is either: amendments. ■ 1. The authority citation for Part 1 * * * * * C. Cost-Benefit Analysis continues to read as follows: (8) Risk margin for an account means Section 15(a) of the Act, as amended Authority: 7 U.S.C. 1a, 2, 5, 6, 6a, 6b, 6c, the level of maintenance margin or by Section 119 of the Commodity 6d, 6e, 6f, 6g, 6h, 6i, 6j, 6k, 6l, 6m, 6n, 6o, performance bond required for the Futures Modernization Act,15 requires 6p, 7, 7a, 7b, 8, 9, 12, 12a, 12c, 13a, 13a–1, customer or noncustomer positions by 16, 16a, 19, 21, 23 and 24, as amended by the applicable exchanges or clearing the Commission to consider the costs the Commodity Futures Modernization Act of and benefits of its action before issuing organizations, and, where margin or 2000, appendix E of Pub. L. 106–554, 114 performance bond is required only for a new regulation under the Act. By its Stat. 2763 (2000). accounts at the clearing organization, for ■ 13 See 47 FR 18618, 18619 (Apr. 30, 1982). 2. Section 1.17 is amended by: purposes of the FCM’s risk-based capital 14 74 FR 21293 (May 7, 2009). ■ a. Revising paragraphs (a)(1)(i)(A), calculations applying the same margin 15 7 U.S.C. 19(a). (a)(1)(i)(B), and (a)(1)(iii)(A); or performance bond requirements to

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customer and noncustomer positions in increasing copayments in accordance The current regulation includes an accounts carried by the FCM, subject to with any change in the prescription escalator provision for the copayment the following. drug component of the Medical amount. The regulation states that the * * * * * Consumer Price Index. copayment amount for each calendar (9) Cleared over the counter derivative DATES: This rule is effective on year after 2002 is established using the positions means ‘‘over the counter December 31, 2009. Comments must be CPI–P as follows: For each calendar year derivative instrument’’ (as defined in 12 received on or before February 1, 2010. beginning after December 31, 2002, the Index as of the previous September 30 U.S.C. 4421) positions of any person in ADDRESSES: Written comments may be will be divided by the Index as of accounts carried on the books of the submitted by e-mail through http:// September 30, 2001. The ratio so futures commission merchant and www.regulations.gov; by mail or hand- obtained will be multiplied by the cleared by any organization permitted to delivery to Director, Regulations original copayment amount of $7. The clear such instruments under the laws Management (02REG), Department of copayment amount for the new year will of the relevant jurisdiction. Veterans Affairs, 810 Vermont Ave., be this result, rounded down to the (10) Cleared over the counter NW., Room 1068, Washington, DC whole dollar amount. customer means any person that is not 20420; or by fax to (202) 273–9026. a proprietary person as defined in Current § 17.110(b)(2), also includes a Comments should indicate that they are cap on the total amount of copayments § 1.3(y) and for whom the futures submitted in response to ‘‘RIN 2900– commission merchant carries on its in a calendar year for a veteran enrolled AN50 Copayments for Medications.’’ in one of the priority categories 2 books one or more accounts for the over Copies of comments received will be the counter-cleared derivative positions through 6. The amount of the cap was available for public inspection in the $840 for the year 2002. The current of such person. Office of Regulation Policy and (c) * * * regulation also requires that ‘‘[i]f the Management, Room 1063B, between the copayment amount increases * * * the (5) * * * hours of 8 a.m. and 4:30 p.m. Monday (x) In the case of open futures cap of $840 shall be increased by $120 through Friday (except holidays). Please contracts or cleared OTC derivative for each $1 increase in the copayment call (202) 461–4902 for an appointment. positions and granted (sold) commodity amount.’’ 38 CFR 17.110(b)(2). In addition, during the comment period, options held in proprietary accounts In January 2006, based on this comments may be viewed online carried by the applicant or registrant regulation, the copayment amount through the Federal Docket Management which are not covered by a position increased to $8 and the cap on priority System (FDMS) at http:// held by the applicant or registrant or categories 2 through 6 increased to www.regulations.gov. which are not the result of a ‘‘changer $960. This change was announced in 70 trade’’ made in accordance with the FOR FURTHER INFORMATION CONTACT: FR 72329 (December 2, 2005). These are rules of a contract market: Roscoe Butler, Acting Director, Business the current copayment requirements. Based on our analysis of the average rate * * * * * Policy, Chief Business Office, 810 Vermont Ave., Washington, DC 20420, of growth of the CPI–P, the current Issued in Washington, DC, on December 202–461–1586. (This is not a toll-free regulatory methodology, calculated 24, 2009, by the Commission. number.) according to the CPI–P as of September David A. Stawick, 30, 2009, would automatically escalate Secretary of the Commission. SUPPLEMENTARY INFORMATION: Under 38 the copayment amount from $8 to $9 in [FR Doc. E9–31058 Filed 12–30–09; 8:45 am] U.S.C. 1722A(a), VA must require January 2010. Current § 17.110(b) does veterans to pay a $2 copayment for each BILLING CODE P not afford the Secretary any discretion 30-day supply of medication furnished on increasing the copayment amount as on an outpatient basis for the treatment calculated by the CPI–P. of a nonservice-connected disability or DEPARTMENT OF VETERANS Although we continue to believe that condition. Under 38 U.S.C. 1722A(b), AFFAIRS the CPI–P is a relevant indicator of the VA ‘‘may’’ by regulation increase that costs of prescriptions nationwide, we 38 CFR Part 17 copayment and establish a maximum need time to determine whether an annual copayment (a ‘‘cap’’). We increase might pose a significant RIN 2900–AN50 interpret section 1722A(b) to mean that financial hardship for certain veterans VA has discretion to determine the and if so, what alternative approach Copayments for Medications appropriate copayment amount and would provide appropriate relief for AGENCY: Department of Veterans Affairs. annual cap amount for medication these veterans. In light of this ACTION: Interim final rule. furnished on an outpatient basis for anticipated review, we are delaying covered treatment, provided that any implementation of the $1 increase in the SUMMARY: The Department of Veterans decision by VA to increase the copayment amount (and the Affairs (VA) is taking action to amend copayment amount or annual cap corresponding $120 increase in the cap) its medical regulations concerning the amount is the subject of a rulemaking until the completion of our review. copayment required for certain proceeding. We have implemented this Maintaining the current copayment and medications. Under current regulations, statute in 38 CFR 17.110. cap amounts will give us time to the copayment amount must be Under current 38 CFR 17.110(b)(1), determine whether the current increased based on the prescription veterans are ‘‘obligated to pay VA a methodology for establishing copayment drug component of the Medical copayment for each 30-day or less amounts, consistent with our Consumer Price Index, and the supply of medication provided by VA responsibility under 38 U.S.C. 1722A to maximum annual copayment amount on an outpatient basis (other than require a copayment in order to control must be increased when the copayment medication administered during health-care costs, is appropriate for all is increased. Under the amendments in treatment).’’ The regulation ties any veterans. this document, we will freeze increase in that copayment amount to Therefore, we are, for the next 6 copayments at the current rate for the the prescription drug component of the months (i.e., through June 30, 2010), next 6 months, and thereafter resume Medical Consumer Price Index (CPI–P). freezing the copayment amount at the

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current rate ($8) in order to complete for advance notice and opportunity for interfere with an action taken or the analysis regarding veterans for public comment and good cause to planned by another agency; (3) whom the copayment increase might publish this rule with an immediate materially alter the budgetary impact of pose a significant financial hardship. effective date. As stated above, this rule entitlements, grants, user fees, or loan We are also freezing the cap at the freezes at current rates the prescription programs or the rights and obligations of current level ($960). drug copayment that VA charges recipients thereof; or (4) raise novel This rule maintains the current veterans. The Secretary finds that it is legal or policy issues arising out of legal escalator clause. Depending on the impracticable and contrary to the public mandates, the President’s priorities, or results of the analysis described above, interest to delay this regulation for the the principles set forth in the Executive the Secretary may initiate new purpose of soliciting advance public Order. rulemaking on this subject rather than comment, or to have a delayed effective The economic, interagency, continue to rely on the CPI–P escalator date, because increasing the copayment budgetary, legal, and policy provision to determine the copayment on January 1, 2010, might cause implications of this rule have been amount. Any change in the copayment significant financial hardship on certain examined and it has been determined amount and cap, along with the veterans. not to be a significant regulatory action associated calculations explaining the For these reasons, the Secretary of under Executive Order 12866. basis for the increase, would be Veterans Affairs is issuing this rule as Regulatory Flexibility Act published in a Federal Register notice. an interim final rule. The Secretary of At the end of June 30, 2010, unless Veterans Affairs will consider and The Secretary hereby certifies that additional rulemaking is initiated, VA address comments that are received this regulatory amendment would not would once again utilize the CPI–P within 30 days of the date this interim have a significant economic impact on methodology in § 17.110(b)(1) to final rule is published in the Federal a substantial number of small entities as determine whether to increase Register. they are defined in the Regulatory copayments and calculate any mandated Flexibility Act, 5 U.S.C. 601–612. This increase in the copayment amount. At Unfunded Mandates rule will freeze the copayments that that time the CPI–P as of June 30, 2010, The Unfunded Mandates Reform Act certain veterans are required to pay for would be divided by the index as of of 1995 requires, at 2 U.S.C. 1532, that prescription drugs furnished by VA. The September 30, 2001. The ratio would agencies prepare an assessment of rule affects individuals and has no then be multiplied by the original anticipated costs and benefits before impact on any small entities. Therefore, copayment amount of $7. The issuing any rule that may result in an pursuant to 5 U.S.C. 605(b), this interim copayment amount of the new calendar expenditure by State, local, and tribal final rule is exempt from the initial and year would be rounded down to the governments, in the aggregate, or by the final regulatory flexibility analysis whole dollar amount. As mandated by private sector, of $100 million or more requirements of sections 603 and 604. the § 17.110(b)(2), the annual cap would (adjusted annually for inflation) in any Catalog of Federal Domestic Assistance be calculated by increasing the cap by given year. This rule would have no $120 for each $1 increase in the such effect on State, local, and tribal The Catalog of Federal Domestic copayment amount. Any change in the governments, or on the private sector. Assistance program numbers and titles copayment amount and cap, along with for this rule are as follows: 64.005, Paperwork Reduction Act the associated calculations explaining Grants to States for Construction of State the basis for the increase, would be This document contains no provisions Home Facilities; 64.007, Blind published in a Federal Register notice. constituting a collection of information Rehabilitation Centers; 64.008, Veterans Thus, the intended effect of this rule is under the Paperwork Reduction Act (44 Domiciliary Care; 64.009, Veterans to temporarily freeze copayments and U.S.C. 3501–3521). Medical Care Benefits; 64.010, Veterans Nursing Home Care; 64.011, Veterans the copayment cap, following which Executive Order 12866 copayments and the copayment cap Dental Care; 64.012, Veterans would increase as prescribed in Executive Order 12866 directs Prescription Service; 64.013, Veterans § 17.110(b). agencies to assess all costs and benefits Prosthetic Appliances; 64.014, Veterans The current regulation includes a note of available regulatory alternatives and, State Domiciliary Care; 64.015, Veterans to paragraph (b)(1) that provides an when regulation is necessary, to select State Nursing Home Care; 64.016, example of how the CPI–P calculation is regulatory approaches that maximize Veterans State Hospital Care; 64.018, made. We are updating this note to net benefits (including potential Sharing Specialized Medical Resources; provide a recent example of how these economic, environmental, public health 64.019, Veterans Rehabilitation Alcohol amounts are calculated. This example and safety, and other advantages; and Drug Dependence; 64.022, Veterans reflects the calculation that was made distributive impacts; and equity). The Home Based Primary Care; and 64.024, on December 2, 2005, when VA Executive Order classifies a regulatory VA Homeless Providers Grant and Per published notice of the increase in action as a ‘‘significant regulatory Diem Program. action,’’ requiring review by the Office copayments from $7 to $8. This note List of Subjects in 38 CFR Part 17 reflects the last calculation made under of Management and Budget (OMB) this regulation. unless OMB waives such review, if it is Administrative practice and We are also adding a new paragraph a regulatory action that is likely to result procedure, Alcohol abuse, Alcoholism; (b)(3), which informs the public where in a rule that may: (1) Have an annual Claims, Day care, Dental health, Drug it can find information on the current effect on the economy of $100 million abuse, Foreign relations, Government copayment and cap amounts. or more or adversely affect in a material contracts, Grant programs—health, way the economy, a sector of the Grant programs—veterans, Health care, Administrative Procedure Act economy, productivity, competition, Health facilities, Health professions, In accordance with 5 U.S.C. jobs, the environment, public health or Health records, Homeless, Medical and 553(b)(3)(B) and (d)(3), the Secretary of safety, or State, local, or tribal dental schools, Medical devices, Veterans Affairs finds that there is good governments or communities; (2) create Medical research, Mental health cause to dispense with the opportunity a serious inconsistency or otherwise programs, Nursing homes, Philippines,

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Reporting and recordkeeping one of the priority categories 2 through electronically in ASCII, Word 97, and/ requirements, Scholarships and 6 of VA’s health care system (see or Adobe Acrobat.) The complete text fellowships, Travel and transportation § 17.36) shall not exceed the cap may be purchased from the expenses, Veterans. established for the calendar year. During Commission’s copy contractor, 445 12th the period from January 1, 2010 through Street, SW., Room CY–B402, Signing Authority June 30, 2010, the cap will be $960. If Washington, DC 20554. To request this The Secretary of Veterans Affairs, or the copayment amount increases after document in accessible formats designee, approved this document and June 30, 2010, the cap of $960 shall be (computer diskettes, large print, audio authorized the undersigned to sign and increased by $120 for each $1 increase recording, and Braille), send an e-mail submit the document to the Office of the in the copayment amount. to [email protected] or call the Federal Register for publication (3) Information on copayment/cap Commission’s Consumer and electronically as an official document of amounts. Current copayment and cap Governmental Affairs Bureau at (202) the Department of Veterans Affairs. John amounts are available at any VA 418–0530 (voice), (202) 418–0432 R. Gingrich approved this document for Medical Center and on our Web site, (TTY). publication on December 28, 2009. http://www.va.gov. Notice of any Summary of the Order John R. Gingrich, increases to the copayment and Chief of Staff, Department of Veterans Affairs. corresponding increases to annual cap I. Introduction amount will be published in the Federal ■ For the reasons set forth in the 1. In this Order, we amend §§ 76.64(l) Register. preamble, VA amends 38 CFR part 17 as and 76.65(f) of the Commission’s rules follows: * * * * * in accordance with Section 1003(b) of [FR Doc. E9–31124 Filed 12–30–09; 8:45 am] the Department of Defense PART 17—MEDICAL BILLING CODE P Appropriations Act, 2010, Public Law No. 111–118, Sec. 1003(b) (2009), which ■ 1. The authority citation for part 17 was enacted on December 19, 2009. continues to read as follows: FEDERAL COMMUNICATIONS Section 325(b)(3)(C)(ii) of the Authority: 38 U.S.C. 501, 1721, and as COMMISSION Communications Act of 1934, as noted in specific sections. amended (the ‘‘Act’’), required the ■ 2. In § 17.110, paragraph (b) is revised 47 CFR Part 76 Commission to adopt regulations that, to read as follows: until January 1, 2010, prohibit a [FCC 09–113] television broadcast station that § 17.110 Copayments for medication. Implementation of Section 1003(b) of provides retransmission consent from * * * * * engaging in exclusive contracts for (b) Copayments—(1) Copayment the Department of Defense Appropriations Act, 2010 carriage or failing to negotiate in good amount. Unless exempted under faith. 47 U.S.C. 325(b)(3)(C)(ii). Section paragraph (c) of this section, a veteran AGENCY: Federal Communications 325(b)(3)(C)(iii) required the is obligated to pay VA a copayment for Commission. Commission to adopt regulations that, each 30-day or less supply of ACTION: Final rule. until January 1, 2010, prohibit a medication provided by VA on an multichannel video programming outpatient basis (other than medication SUMMARY: This document establishes a distributor from failing to negotiate in administered during treatment). For the new sunset date for certain good faith for retransmission consent. period from January 1, 2010 through Commission’s rules applicable to 47 U.S.C. 325(b)(3)(C)(iii). The June 30, 2010, the copayment amount is retransmission consent in accordance Commission has previously adopted $8. Thereafter, the copayment amount with Section 1003(b) of the Department rules to implement these provisions, for each calendar year or other period as of Defense Appropriations Act, 2010, including §§ 76.64(l) and 76.65(f) to determined by the Secretary will be Public Law No. 111–118. reflect the sunset date of January 1, established by using the prescription 2010. See 47 CFR 76.64(l) (‘‘Exclusive drug component of the Medical DATES: Effective December 31, 2009. retransmission consent agreements are Consumer Price Index as follows: The ADDRESSES: Federal Communications prohibited. No television broadcast Index as of the previous September 30 Commission, 445 12th Street, SW., station shall make or negotiate any will be divided by the Index as of Washington, DC 20554. agreement with one multichannel video September 30, 2001. The ratio so FOR FURTHER INFORMATION CONTACT: For programming distributor for carriage to obtained will be multiplied by the additional information on this the exclusion of other multichannel original copayment amount of $7. The proceeding, contact David Konczal, video programming distributors. This new copayment amount will be this [email protected], of the Media paragraph shall terminate at midnight result, rounded down to the whole Bureau, Policy Division, (202) 418– on December 31, 2009.’’); 47 CFR dollar amount. 2120. 76.65(f) (‘‘Termination of rules. This Note to paragraph (b)(1): Example for SUPPLEMENTARY INFORMATION: This is a section shall terminate at midnight on determining copayment amount. summary of the Order, FCC 09–113, December 31, 2009.’’). The ratio of the prescription drug adopted and released on December 28, 2. In Section 1003(b) of the component of the Medical Consumer Price Index for September 30, 2005, to the 2009. The full text of this document is Department of Defense Appropriations corresponding Index for September 30, 2001, available for public inspection and Act, 2010, Congress amended Sections was 1.1542. This ratio, when multiplied by copying during regular business hours 325(b)(3)(C)(ii) and (iii) to replace the the original copayment amount of $7 equals in the FCC Reference Center, Federal previous sunset date of January 1, 2010 $8.08, and the copayment amount beginning Communications Commission, 445 12th with a new sunset date of March 1, in calendar year 2006, rounded down to the Street, SW., CY–A257, Washington, DC 2010. See Department of Defense whole dollar amount, was set at $8. 20554. This document will also be Appropriations Act, 2010, Public Law (2) The total amount of copayments in available via ECFS (http://www.fcc.gov/ No. 111–118, Sec. 1003(b). Accordingly, a calendar year for a veteran enrolled in cgb/ecfs/). (Documents will be available we are amending our rules to reflect the

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new sunset date, provided that if to our action here. See 5 U.S.C. 603(a); ■ 2. Section 76.64 is amended by Congress further extends this date, the 5 U.S.C. 808. For similar reasons, we revising the last sentence of paragraph rules remain in effect until the statutory find good cause to make these (l) to read as follows: authorization expires. We are amending amendments to our rules effective upon § 76.64 Retransmission consent. these rules without providing prior publication in the Federal Register. public notice and comment because Because the legislation establishing the * * * * * prior notice and comment would be new sunset date was enacted less than (l) * * * This paragraph shall impracticable in this case. See 5 U.S.C. two weeks prior to the previous sunset terminate at midnight on February 28, 553(b)(3)(B). Section 1003(b) of the date of January 1, 2010, we are unable 2010, provided that if Congress further Department of Defense Appropriations to provide for a 30-day period before the extends this date, the rules remain in Act, 2010 was enacted on December 19, new sunset date in these rules takes effect until the statutory authorization 2009, less than two weeks before the effect. See 5 U.S.C. 553(d)(3) (‘‘The expires. sunset date of January 1, 2010. This required publication or service of a * * * * * provides the Commission with an substantive rule shall be made not less ■ 3. Section 76.65 is amended by insufficient amount of time to publish a than 30 days before its effective date, revising paragraph (f) to read as follows: Notice of Proposed Rulemaking in the except * * * as otherwise provided by the agency for good cause found and § 76.65 Good faith and exclusive Federal Register, to allow time for retransmission consent complaints. meaningful comment, and to consider published with the rule.’’); see also 47 those comments before taking the CFR 1.427(b). * * * * * (f) Termination of rules. This section necessary actions prior to the sunset II. Procedural Matters shall terminate at midnight on February date of January 1, 2010. See Petry v. 28, 2010, provided that if Congress Block, 737 F.2d 1193, 1201 (D.C. Circ. 3. This document does not contain further extends this date, the rules 1984) (holding that the ‘‘extremely new or modified information collection remain in effect until the statutory limited time given by Congress’’ requirements subject to the Paperwork authorization expires. established ‘‘good cause’’ for not seeking Reduction Act of 1995 (PRA), Public prior notice and comment). Moreover, Law 104–13. In addition, therefore, it [FR Doc. E9–31095 Filed 12–30–09; 8:45 am] our action here is largely ministerial, does not contain any new or modified BILLING CODE 6712–01–P because it simply implements a new information collection burden for small sunset date established by Congress. See business concerns with fewer than 25 5 U.S.C. 553(b)(3)(B). See, e.g., employees, pursuant to the Small DEPARTMENT OF TRANSPORTATION Metzenbaum v. Federal Energy Business Paperwork Relief Act of 2002, Regulatory Commission, 675 F.2d 1282, Public Law 107–198, see 44 U.S.C. Pipeline and Hazardous Materials 1291 (DC Cir. 1982) (agency order, 3506(c)(4). Safety Administration issued pursuant to congressional waiver of certain provisions of federal law that III. Ordering Clauses 49 CFR Part 192 would otherwise have governed 4. It is ordered that pursuant to the [Docket No. PHMSA–RSPA–2004–19854; construction and operation of Alaskan authority found in Section 325 of the Amdt. 192–113] natural gas pipeline, was appropriately Communications Act of 1934, as RIN 2137–AE15 issued without notice and comment as amended, 47 U.S.C. 325, and Section a nondiscretionary ministerial action); 1003(b) of the Department of Defense Pipeline Safety: Integrity Management Implementation of Section 505 of the Appropriations Act, 2010, Public Law Program for Gas Distribution Pipelines Telecommunications Act of 1996 No. 111–118, Sec. 1003(b) (2009), (Scrambling of Sexually Explicit Adult §§ 76.64(l) and 76.65(f) of the AGENCY: Pipeline and Hazardous Video Service Programming), 11 FCC Commission’s rules are hereby amended Materials Safety Administration Rcd 5386, 5387 (1996); Implementation as set forth in the rule changes below (PHMSA), DOT. of Sections 204(A) and 204(C) of the and are effective December 31, 2009. ACTION: Final rule; extension of Telecommunications Act of 1996 comment period. (Broadcast License Renewal Federal Communications Commission. Procedures), 11 FCC Rcd 6363, 6364 William F. Caton, SUMMARY: PHMSA is extending for 30 (1996); Implementation of Sections Deputy Secretary. days, until February 4, 2010, the period for filing comments to the requirement 202(A) and 202(B)(1) of the Rule Changes Telecommunications Act of 1996 adopted in the final rule, ‘‘Pipeline Safety: Integrity Management Program (Broadcast Radio Ownership), 11 FCC ■ For the reasons stated in the preamble, for Gas Distribution Pipelines’’ to Rcd 12368, 12371 (1996); the Federal Communications require the reporting of failures of Implementation of Sections 202(c)(1) Commission amends 47 CFR part 76 as compression couplings used in metal and 202(e) of the Telecommunications follows: Act of 1996 (National Broadcast pipe. PHMSA had invited public Television Ownership and Dual PART 76—MULTICHANNEL VIDEO comment on the extension of this Network Operations), 11 FCC Rcd AND CABLE TELEVISION SERVICE requirement to include reporting of 12374, 12377 (1996). Accordingly, we failure of compression couplings used find that this action falls within the ■ 1. The authority citation for part 76 in metal pipe until January 4, 2010. The ‘‘good cause’’ exception to the notice continues to read as follows: American Gas Association (AGA) and comment requirements of the requested that PHMSA extend the Authority: 47 U.S.C. 151, 152, 153, 154, comment period for thirty days. Administrative Procedure Act (‘‘APA’’). 301, 302, 302a, 303, 303a, 307, 308, 309, 312, Because we have found good cause for 315, 317, 325, 338, 339, 340, 503, 521, 522, DATES: Comment Date: Interested not seeking prior notice and comment, 531, 532, 533, 534, 535, 536, 537, 543, 544, persons are invited to submit comments the Regulatory Flexibility Act and the 544a, 545, 548, 549, 552, 554, 556, 558, 560, on the provisions for reporting failures Congressional Review Act do not apply 561, 571, 572 and 573. of compression couplings by February 4,

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2010. At the end of the comment period, require operators of gas distribution revised commercial quota for each state we will publish a document modifying pipelines to develop and implement involved. these provisions or a document stating integrity management programs. In that DATES: Effective December 30, 2009 that the provisions will remain final rule, PHMSA adopted a through December 31, 2009. unchanged. requirement that operators report ADDRESSES: Comments limited to the failures of all compression couplings, FOR FURTHER INFORMATION CONTACT: provisions on reporting failures of both plastic and metallic. PHMSA also Sarah Heil, Fishery Management mechanical couplings should reference invited public comment on the Specialist, 978–281–9257. requirement to report failure of Docket No. PHMSA–RSPA–2004–19854 SUPPLEMENTARY INFORMATION: compression couplings used in metal and may be submitted in the following Regulations governing the summer pipe. Public comments were due by ways: flounder fishery are found at 50 CFR • January 4, 2010. E-Gov Web Site: http:// part 648. The regulations require annual www.regulations.gov. This site allows On December 18, 2009, AGA petitioned PHMSA to extend the specification of a commercial quota that the public to enter comments on any is apportioned among the coastal states Federal Register notice issued by any comment period by thirty days. AGA stated that it is in the public interest to from North Carolina through Maine. The agency. process to set the annual commercial • Fax: 1–202–493–2251. extend the comment period so that gas • Mail: DOT Docket Operations utilities have the opportunity to quota and the percent allocated to each Facility (M–30), U.S. Department of thoroughly review the regulation and state are described in § 648.100. Transportation, West Building, 1200 draft annual report. AGA went on to say The final rule implementing New Jersey Avenue, SE., Washington, that extending the comment period is Amendment 5 to the Summer Flounder, DC 20590. the only way to provide PHMSA with Scup, and Black Sea Bass Fishery • Hand Delivery: DOT Docket the necessary information to establish Management Plan, which was published Operations Facility, U.S. Department of clear and consistent data. PHMSA on December 17, 1993 (58 FR 65936), Transportation, West Building, Room agrees that additional time should be provided a mechanism for summer W12–140, 1200 New Jersey Avenue, SE., allowed and is extending the comment flounder quota to be transferred from Washington, DC 20590 between 9 a.m. period from January 4, 2010 to February one state to another. Two or more states, and 5 p.m., Monday through Friday, 4, 2010. under mutual agreement and with the except Federal holidays. Issued in Washington, DC, on December concurrence of the Administrator, Instructions: In the E-Gov Web site: 28, 2009. Northeast Region, NMFS (Regional http://www.regulations.gov, under Jeffrey D. Wiese, Administrator), can transfer or combine ‘‘Search Documents’’ select ‘‘Pipeline Associate Administrator for Pipeline Safety. summer flounder commercial quota and Hazardous Materials Safety under § 648.100(d). The Regional [FR Doc. E9–31078 Filed 12–30–09; 8:45 am] Administration.’’ Next, select ‘‘Notices,’’ Administrator is required to consider and then click ‘‘Submit.’’ Select this BILLING CODE 4910–60–P the criteria set forth in § 648.100(d)(3) in rulemaking by clicking on the docket the evaluation of requests for quota number listed above. Submit your transfers or combinations. DEPARTMENT OF COMMERCE comment by clicking the yellow bubble Maine has agreed to transfer 3,790 lb in the right column then following the National Oceanic and Atmospheric (1,719.1 kg) of its 2009 commercial instructions. quota to Massachusetts to cover the Identify docket number PHMSA– Administration summer flounder landings of one vessel RSPA–2004–19854 at the beginning of granted safe harbor in Massachusetts your comments. For comments by mail, 50 CFR Part 648 due to mechanical issues on December please provide two copies. To receive [Docket No. 0809251266–81485–02] 15, 2009. The Regional Administrator PHMSA’s confirmation receipt, include RIN 0648–XT39 has determined that the criteria set forth a self-addressed stamped postcard. in § 648.100(d)(3) have been met. The Internet users may access all comments Fisheries of the Northeastern United revised quotas for calendar year 2009 at http://www.regulations.gov, by States; Summer Flounder Fishery; are: Maine, 1,317 lb (597.4 kg); and following the steps above. Quota Transfer Massachusetts, 706,404 lb (320.4 kg). Note: PHMSA will post all comments without changes or edits to http:// AGENCY: National Marine Fisheries Classification www.regulations.gov including any personal Service (NMFS), National Oceanic and information provided. Atmospheric Administration (NOAA), This action is taken under 50 CFR Commerce. part 648 and is exempt from review FOR FURTHER INFORMATION CONTACT: ACTION: Temporary rule; inseason quota under Executive Order 12866. Mike Israni by phone at (202) 366–4571 transfers. Authority: 16 U.S.C. 1801 et seq. or by e-mail at [email protected]. SUPPLEMENTARY INFORMATION: On SUMMARY: NMFS announces that the Dated: December 28, 2009. December 4, 2009, PHMSA published a State of Maine is transferring a portion William D. Chappell, final rule (74 FR 63905) under Docket of its 2009 commercial summer flounder Acting Director, Office of Sustainable No. PHMSA–RSPA–2004–19854 quota to the Commonwealth of Fisheries, National Marine Fisheries Service. amending the Pipeline Safety Massachusetts. By this action, NMFS [FR Doc. E9–31064 Filed 12–30–09; 8:45 am] Regulations (49 CFR Parts 190–199) to adjusts the quotas and announces the BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 74, No. 250

Thursday, December 31, 2009

This section of the FEDERAL REGISTER with miscellaneous changes, during continuous employment with the contains notices to the public of the proposed clarifications, and corrections. We have private contractor unless the employees issuance of rules and regulations. The identified additional changes, opt out of the FEGLI program. We are purpose of these notices is to give interested clarifications, and corrections. revising the FEGLI regulations to persons an opportunity to participate in the Therefore, we are withdrawing the address coverage for these individuals. rule making prior to the adoption of the final rules. October 27, 2000, proposed regulations These changes can be found in and issuing new proposed regulations. § 870.601(a) and § 870.602(b). We will respond to any comments (3) Section 1102 of Public Law 110– OFFICE OF PERSONNEL received on these proposed regulations 181, the National Defense Authorization MANAGEMENT when we publish final regulations. Act for Fiscal Year 2008, enacted The proposed changes, clarifications, January 28, 2008, amended 5 U.S.C. 5 CFR Part 870 and corrections are: 8706 to authorize the continuation of FEGLI coverage for up to 24 months for RIN 3206–AG63 Changes Federal employees called to active duty. Federal Employees’ Group Life (1) Public Law 106–398 amended 5 FEGLI coverage is free for the first 12 Insurance Program: Miscellaneous U.S.C. 8702 to allow Department of months, but employees must pay the Changes, Clarifications, and Defense (DoD) employees who are full cost (Government and employee Corrections designated as ‘‘emergency essential’’ share) of the premiums for the under 10 U.S.C. 1580 to elect Basic additional 12 months. We are amending AGENCY: U.S. Office of Personnel insurance within 60 days of being so the regulations to include this election Management. designated. Section 1103 of Public Law opportunity. These changes can be ACTION: Proposed rule. 110–417, the Duncan Hunter National found in § 870.601(d)(3)(iii). Defense Authorization Act for Fiscal (4) Public Law 110–177, the Court SUMMARY: The U.S. Office of Personnel Year 2009, which became effective on Security Improvement Act of 2007, Management (OPM) is proposing October 14, 2008, further amended enacted January 7, 2008, deems certain changes to the Federal Employees’ chapter 87 of title 5, U.S. Code, to allow categories of judicial officers to be Group Life Insurance (FEGLI) Program ‘‘emergency essential’’ DoD employees, considered as judges of the United regulations to provide for the new as well as civilian employees deployed States under section 8701 of title 5, election opportunities for certain in support of a contingency operation, United States Code. The law requires civilian and Defense Department to elect Basic Insurance, Option A magistrate judges retired under section employees deployed in support of a (Standard) coverage and Option B 377 of title 28, United States Code, to be contingency operation required by (Additional) coverage up to a maximum considered Federal judges under the Public Law 110–417; to provide for the of five (5) multiples. We are amending Federal Employees’ Group Life continuation of coverage opportunities the regulations to include these election Insurance (FEGLI) law. Public Law 111– for Federal employees called to active opportunities. These changes can be 8, the Omnibus Appropriations Act of duty required by Public Law 110–181; found in § 870.503(e) and (f) and 2009, enacted March 9, 2009, further and to update the regulations with other § 870.506(f) and (g). amended the FEGLI law, by identifying changes, clarifications, and corrections. (2) Public Law 110–279, enacted July additional judges who should continue DATES: OPM must receive comments on 17, 2008, provides for certain Federal to be treated as employees following or before March 1, 2010. employee benefits to be continued for retirement. This law requires ADDRESSES: Send written comments to certain employees of the Senate bankruptcy judges and magistrate judges Ingrid Burford, Senior Policy Analyst, Restaurants after the operations of the retired under section 377 of title 28, Strategic Human Resources Policy, U.S. Senate Restaurants are contracted to be U.S. Code, and judges retired under Office of Personnel Management, 1900 E performed by a private business section 373 of title 28, to be considered Street, NW., Washington, DC 20415– concern. The law provides that a Senate Federal judges under the FEGLI law. In 9700; or deliver to OPM, Room 3415, Restaurants employee, who is an addition, a 1955 OPM General Counsel’s 1900 E Street, NW., Washington, DC; or employee of the Architect of the Capitol opinion identified additional judges FAX to (202) 606–0636. Comments may on the date of enactment and who who also should continue to be treated also be sent through the Federal accepts employment by the private as employees following retirement (DC eRulemaking Portal at http:// business concern as part of the judges and Tax Court judges). We are www.regulations.gov. All submissions transition, may elect to continue changing the regulations to add these received through the Portal must coverage under certain Federal judges. These changes can be found in include the agency name and docket employee benefits programs during § 870.703(e)(1). number or the Regulation Identifier continuous employment with the (5) Currently, with a change in family Number (RIN) for this rulemaking. business concern. Former Senate circumstances an employee must Please specify the subpart and section Restaurant employees who have FEGLI already have Basic insurance and may number for each comment. coverage as of the date of transfer may elect only Option B and Option C. The FOR FURTHER INFORMATION CONTACT: continue their coverage, if they also number of multiples of Option B that Ingrid Burford, (202) 606–0004. elected to continue their retirement such an employee may elect with a SUPPLEMENTARY INFORMATION: On coverage under either chapter 83 or 84 change in family circumstances is October 27, 2000, OPM published of title 5, U.S. Code. These individuals limited. We are proposing to eliminate proposed regulations (65 FR 64530) will continue to be eligible for FEGLI the limitations on the coverage an

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employee may elect, so that an Health Care Personnel Enhancement Act or she could continue the FEGLI employee making an election based on of 2004, provided for the payment of acquired through reemployment if the a change in family circumstances, may market pay, in addition to base pay, for individual meets the 5-year/all- elect Basic insurance and any and all physicians and dentists employed by opportunity requirement and has been Optional insurance, including up to the the VA. Accordingly, in addition to base reemployed for the length of time maximum number of multiples pay, market pay must be used to required for a reemployed annuitant to available of Option B and Option C. determine the annual rate of pay earn a supplemental annuity (1 year for These changes can be found in described in § 870.204 for these full-time employment). These changes § 870.503(b)(3) and § 870.506(a). individuals. Public Law 96–330, can be found in § 870.707. (6) Newly eligible employees must be currently cited in § 870.204(a)(2)(x), (14) Public Law 106–522, 114 Stat. in pay and duty status before Optional relating to the treatment of bonuses for 2440, enacted November 22, 2000, insurance can become effective. The six- physicians and dentists employed by changed the entitlement to Federal month belated election opportunity the VA, is no longer in effect. We are employee benefits for the District of allows Optional insurance to become revising § 870.204 to include market pay Columbia (DC) Offender Supervision effective retroactive to the pay period in the determination of annual pay for Trustee and employees of the Trustee. following the one in which the these individuals. Previously these employees were treated employee became eligible, but it does (11) In situations of concurrent as Federal employees for purposes of not require the employee to be in pay employment, the amount of Basic Federal employee retirement and and duty status at that time. We are insurance and Option B insurance is insurance programs only if they proposing a change to the regulations to based on the combined salaries. transferred to the DC government within apply the same pay and duty status However, if an employee accepts a three days of separating from Federal requirements for belated elections that temporary position while in nonpay service. Public Law 106–522 gave these are required for elections made on a status from a covered position, the employees retroactive entitlement to be timely basis. These changes can be amount of insurance is based on treated as Federal employees on the date found in § 870.503 and § 870.506. whichever salary is higher. We are of their appointment or the date their (7) We are proposing a change to proposing to eliminate this exception, sub-organizations transferred to the provide that no one but the insured so that this situation will be treated the Trustee’s office, whichever is later. We individual has the right to convert same as other instances of concurrent are reflecting this change in the coverage when insurance terminates, employment. These changes can be regulations. These changes can be found unless the insured individual has found in § 870.204(g). in § 870.302(a)(3). assigned his or her insurance, with the (12) Currently, the earliest that (15) Public Law 105–311, the Federal exception that an individual having coverage elected as a result of providing Employees Life Insurance Improvement power of attorney may convert on behalf satisfactory medical information can Act, 112 Stat. 2950, enacted October 30, of the insured. In addition, a family become effective is the day after the date 1998, amended chapter 87 of title 5, member may convert Option C coverage. OFEGLI approves the employee’s U.S. Code, to allow retiring employees These changes can be found in request for coverage. We are changing to elect either No Reduction or Full § 870.603(a)(1). the regulations to allow Basic insurance Reduction for their Option B and Option (8) We are proposing to change the to become effective on the date of C coverage. This election was to be time frame for making an initial election OFEGLI’s approval if the employee is in made at the time of retirement, the same of Optional insurance from 31 days to pay and duty status. We are also as the election for Basic insurance. 60 calendar days after the employee allowing Option A and Option B Implementing this provision required becomes eligible. We are also proposing coverage to become effective on the date programming changes to the electronic to extend the time frame for electing of OFEGLI’s approval if the employing records system for annuitants to allow coverage by providing satisfactory office receives the employee’s election for ‘‘mixed’’ elections, i.e., electing medical information from 31 days to 60 on or before that date and the employee reductions for some coverage, but not calendar days after OFEGLI’s (Office of is in pay and duty status. These changes for other coverage. While these system Federal Employees’ Group Life can be found in § 870.503 and § 870.506. changes were being made, annuitants Insurance) approval. These changes will (13) We are proposing to treat were required to elect either No make these election time frames reemployed compensationers the same Reduction or Full Reduction for Option consistent with other election as reemployed annuitants. When a B and Option C coverage at the time of opportunities for Federal benefits. These compensationer returns to work under retirement. Then, shortly before the changes can be found in § 870.504 (a)(1) conditions that allow him or her to annuitant’s 65th birthday, the insured and § 870.506(c). continue receiving compensation, Basic was given a second opportunity to make (9) When an employee who elected a insurance (and Options A and C) held another election, this time being partial living benefit dies, the post- as a compensationer are suspended and allowed to choose No Reduction for election BIA (Basic Insurance Amount) the insured obtains coverage as an some multiples and Full Reduction for is multiplied by the extra benefit age employee. If the reemployed others. We are proposing to eliminate factor in effect at the time that OFEGLI compensationer dies in service, OFEGLI the opportunity for a second election at received the living benefit application. would pay Basic insurance benefits age 65. There are several reasons for this We are proposing to change this based on whichever amount is higher: proposed change: (i) The law states the computation to use the age factor in The suspended compensationer election must be made at the time of effect nine months from the date coverage or the coverage through retirement; (ii) administering the second OFEGLI received the living benefit reemployment. As with reemployed election opportunity at age 65 is an application, to be consistent with the annuitants, Option B would remain ongoing cost to the Program; (iii) the age factor used to compute the amount with the individual’s compensation, 2nd election may be confusing to some of the living benefit. These changes can unless the employee elects to have it annuitants, since the election for the be found in § 870.203. through reemployment. If a reemployed Basic insurance reduction is made at the (10) Public Law 108–445, The compensationer stops working and time of retirement without a second Department of Veterans Affairs (VA) continues to receive compensation, he opportunity at age 65; and (iv) the

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mailing itself is problematic with regard of the pay period in which the (2) In § 870.701(c), Eligibility for life to individuals who are paying their individual last had any eligible family insurance, there is an incorrect premiums directly, as described in members. In this case, our proposed reference at the end to § 870.702(a)(2). § 870.405, and individuals who have revision also would provide for a refund That reference should be to assigned their coverage. Individuals of the Option C premiums for this § 870.703(a)(2). The regulations have who have retired since this statutory period of erroneous coverage. We are been changed to reflect this correction. provision became effective (April 24, also clarifying the regulations to provide (3) In § 870.707(e)(2), Reemployed 1999) and who have not yet turned 65 that an annuitant or compensationer annuitants and compensationers, there will be given the opportunity to make cannot enroll for life insurance coverage is an incorrect reference at the end to their ‘‘final’’ election. These changes after retirement and any erroneous § 870.702. That reference should be to can be found in § 870.705(d). enrollments must be corrected. These § 870.703. The regulations have been (16) We are proposing to eliminate the changes can be found in § 870.104. changed to reflect this correction. requirement for designated beneficiaries (2) We are clarifying the regulations to of assignees to notify the appropriate better describe the ‘‘on or after’’ Regulatory Flexibility Act employing office of any change in provision for the effective date of address, since we do not require any coverage. Most elections require that the I certify that this regulation will not other designated beneficiaries to make employee be in pay and duty status have a significant economic impact on such a notification. The requirement before coverage can become effective. In a substantial number of small entities will still apply to assignees themselves. these instances, the coverage becomes because the regulation only affects life These changes can be found in effective the day the employing office insurance benefits of Federal employees § 870.910. receives the election, if the employee is and retirees. (17) The current regulations regarding in pay and duty status on that date. If Executive Order 12866, Regulatory reconsiderations require the insured the employee is not in pay and duty Review individual to provide his or her Social status on the date the employing office Security Number when filing a request receives the election, the coverage This rule has been reviewed by the for reconsideration. We are proposing to becomes effective the next date that the Office of Management and Budget in eliminate this requirement. Annuitants employee is in pay and duty status. accordance with Executive Order 12866. and compensationers may be identified These changes are found throughout the List of Subjects in 5 CFR Part 870 by their retirement or compensation regulations where effective dates are claim numbers. Agencies are able to discussed. Administrative practice and identify employees by their names, (3) We are clarifying the computation procedure, Government employees, addresses, and dates of birth. These of premium pay and availability pay to Hostages, Iraq, Kuwait, Lebanon, Life changes can be found in § 870.105. state that the employee’s annual rate of insurance, Retirement. (18) Beginning April 24, 1999 and basic pay is multiplied by the applicable John Berry, continuing until April 24, 2002, eligible percentage factor to determine pay for employees could elect portability for FEGLI purposes. These changes can be Director, U.S. Office of Personnel Management. Option B coverage that would otherwise found in § 870.204(g). terminate. The 3-year portability (4) We are adding some definitions for Accordingly, OPM is proposing to demonstration project has expired and clarity, including definitions of amend 5 CFR part 870 as follows: employees are no longer able to elect ‘‘covered position,’’ ‘‘beneficiary,’’ portability. We are removing subpart L ‘‘acquisition of an eligible child,’’ and PART 870—FEDERAL EMPLOYEES’ and all references to portability from the ‘‘accidental death and dismemberment.’’ GROUP LIFE INSURANCE PROGRAM regulations, including the definitions of We are also clarifying the definition of ‘‘Portability Office’’ and ‘‘ported ‘‘court order.’’ These changes can be 1. The authority citation for 5 CFR coverage’’ from § 870.101. found in § 870.101. part 870 is revised to read as follows: (19) The current regulations specify (5) We are clarifying the requirements Authority: 5 U.S.C. 8716; Subpart J also that only the insured individual may for continuing FEGLI during an issued under section 599C of Pub. L. 101– elect a living benefit and no one can extended period of non-pay for the 513, 104 Stat. 2064, as amended; Sec. elect a living benefit on his or her special non-pay situations discussed in 870.302(a)(3)(ii) also issued under section behalf. We are proposing to change the § 870.508 to require that all such 153 of Pub. L. 104–134, 110 Stat. 1321; Sec. regulations to allow another person with elections for continuing coverage must 870.302(a)(3) also issued under sections 11202(f), 11232(e), and 11246(b) and (c) of a power of attorney to apply for a living be made in writing. Pub. L. 105–33, 111 Stat. 251, and section benefit on the insured individual’s Corrections 7(e) of Pub. L. 105–274, 112 Stat. 2419; Sec. behalf. These changes can be found in 870.302(a)(3) also issued under section 145 of § 870.1103. (1) We are correcting the regulations Pub. L. 106–522, 114 Stat. 2472; Secs. to state that premiums are based on the 870.302(b)(8), 870.601(a), and 870.602(b) also Clarifications amount of insurance last in force on an issued under Pub. L. 110–279, 122 Stat. 2604; (1) The regulations state that when individual in the pay period, rather than Subpart E also issued under 5 U.S.C. 8702(c); incontestability (allowing erroneous the amount in force on the last day of Sec. 870.601(d)(3) also issued under 5 U.S.C. coverage to remain in effect under the pay period. In most instances this is 8706(d); Sec. 870.703(e)(1) also issued under certain conditions) applies, if the the same thing; however, if an section 502 of Pub. L. 110–177, 121 Stat. individual does not want the erroneous individual dies or separates during a 2542; Sec. 870.705 also issued under 5 U.S.C. 8714b(c) and 8714c(c); Public Law 104–106, coverage, he or she may cancel the pay period, the amount of insurance in 110 Stat. 521. coverage on a prospective basis; there is force on the last day of the pay period no refund of premiums. We are is $0. In these instances, the amount of Subpart A—Administration and clarifying the regulations to state that if withholding from the final pay must be General Provisions the erroneous coverage is Option C, and based on the amount of insurance on the there are no eligible family members, date of death or separation. This change 2. Section 870.101 is amended as the cancellation is retroactive to the end can be found in § 870.401(b). follows:

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a. Remove the definitions of retirement or while receiving (e) The reconsideration must take ‘‘Portability Office’’ and ‘‘ported compensation, the coverage will remain place at or above the level at which the coverage’’. in effect if at least 2 years pass before initial decision was made. b. Add the following definitions of the error is discovered, and if the (f) After reconsideration, the agency ‘‘accidental death and dismemberment’’, annuitant or compensationer has paid or retirement system must issue a final ‘‘acquisition of an eligible child’’, applicable premiums during that time. decision to the insured individual. This ‘‘beneficiary’’, and ‘‘covered position’’, This applies to such errors discovered decision must be in writing and must and revise the definition of ‘‘court on or after October 30, 1998. fully state the findings. order’’ as follows: (c) If an individual is erroneously enrolled in life insurance on or after the Subpart B—Types and Amounts of § 870.101 Definitions. date he or she retires or begins receiving Insurance Accidental death and dismemberment compensation, the coverage cannot refers to the insured’s death or loss of 4. In § 870.202, paragraph (a)(1) is remain in effect even if 2 years pass and revised to read as follows: a hand, a foot, or vision in one eye that the individual paid applicable results directly from, and occurs within premiums. § 870.202 Basic insurance amount (BIA). one year of, a bodily injury caused (d) If an individual who is allowed to (a)(1) An employee’s Basic insurance solely through violent, external, and continue erroneous coverage under this amount (BIA) is either: accidental means. section does not want the coverage, he (i) The employee’s annual rate of Acquisition of an eligible child occurs or she may cancel the coverage on a basic pay, rounded to the next higher when: prospective basis, effective at the end of (1) A child is born to the insured; thousand, plus $2,000; or the pay period in which the waiver is (ii) $10,000; whichever is higher, (2) The insured adopts a child; properly filed. There is no refund of (3) The insured acquires a foster unless the employee has elected a premiums. Exception: If an employee child; Living Benefit under subpart K of this obtained Option C erroneously and did (4) The insured’s stepchild or part. Effective for pay periods beginning not have any eligible family members, recognized natural child moves in with on or after October 30, 1998, there is no that coverage may be cancelled the insured; maximum BIA. retroactively and the insured will obtain (5) An otherwise eligible child’s Note: If an employee’s pay is ‘‘capped’’ by marriage is dissolved by divorce or a refund of the erroneous Option C law, the amount of the Basic insurance is annulment, or his or her spouse dies; premiums. based on the capped amount, which is the (6) The insured gains custody of an § 870.105 Initial decision and amount the employee is actually being paid. eligible child. reconsideration. It is not based on the amount the employee’s pay would have been without the pay cap. * * * * * (a) An individual may ask his or her Beneficiary means the individual, agency or retirement system to * * * * * corporation, trust, or other entity that reconsider its initial decision denying: 5. Section 870.203 is revised to read receives FEGLI benefits when an (1) Life insurance coverage; as follows: insured individual dies. (2) The opportunity to change § 870.203 Post-election BIA. * * * * * coverage; Court order means: (3) The opportunity to designate a (a) The BIA of an individual who (1) A court decree of divorce, beneficiary; or elects a Living Benefit under subpart K annulment, or legal separation; or (4) The opportunity to assign of this part is the amount of insurance (2) A court-approved property insurance. left after the effective date of the Living settlement agreement relating to a court (b) An employing office’s decision is Benefit election. This amount is the decree of divorce, annulment, or legal an initial decision when the employing individual’s post-election BIA. separation—that requires benefits to be office gives it in writing and informs the (1) The post-election BIA of an paid to a specific person or persons and individual of the right to an individual who elects a full Living is received in the employing office independent level of review Benefit is 0. before the insured dies. (reconsideration) by the appropriate (2) If an employee elects a partial Covered position means a position in agency or retirement system. Living Benefit, the employee still has which an employee is not excluded (c) A request for reconsideration must some Basic insurance. OFEGLI from FEGLI eligibility by law or be made in writing and must include determines this amount by computing regulation. the following: the BIA as of the date it receives the * * * * * (1) The employee’s (or annuitant’s) completed Living Benefit application 3. Sections 870.104 and 870.105 are name, address, date of birth; and reducing the amount by a revised to read as follows: (2) The reason(s) for the request; and percentage. This percentage represents (3) The retirement claim number the amount of the employee’s partial § 870.104 Incontestability. (Civil Service Annuity Claim Number) Living Benefit payment, compared to (a) If an individual erroneously or compensation number, if applicable. the amount the employee could have becomes insured, the coverage will (d) A request for reconsideration must received if he or she had elected a full remain in effect if at least 2 years pass be made within 31 calendar days from Living Benefit. The amount that is left before the error is discovered, and if the the date of the initial decision (60 is rounded up or down to the nearest individual has paid applicable calendar days if overseas). This time multiple of $1,000. (If the amount is premiums during that time. This applies limit may be extended when the midway between multiples, it is to errors discovered on or after October individual shows that he or she was not rounded up to the next higher multiple.) 30, 1998, and applies only to notified of the time limit and was not (b) The post-election BIA cannot employees, not retirees or otherwise aware of it or that he or she change after the effective date of the compensationers. was unable, due to reasons beyond the Living Benefit election. (b) If an employee is erroneously individual’s control, to make the request (c) If an employee elected a partial allowed to continue insurance into within the time limit. Living Benefit and that employee is

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under age 45 at the time of death, automatic part of Basic and Option A (ii) An employee of the District of OFEGLI will multiply the post-election insurance for employees. Columbia Financial Responsibility and BIA by the appropriate factor, as (2) There is no accidental death and Management Assistance Authority specified in § 870.202(c), in effect on the dismemberment coverage with Option B (Authority), who makes an election date 9 months after the date OFEGLI or Option C. under the Technical Corrections to received the completed Living Benefit (3) Individuals who are insured as Financial Responsibility and application. annuitants or compensationers do not Management Assistance Act (section 6. In § 870.204, paragraphs (a)(2)(x) have accidental death and 153 of Pub. L. 104–134 (110 Stat. 1321)) and (g) are revised to read as follows: dismemberment coverage. to be considered a Federal employee for (b)(1) Under Basic insurance, life insurance and other benefits § 870.204 Annual rates of pay. accidental death benefits are equal to purposes; employees of the Authority (a) * * * the BIA, but without the age factor who are former Federal employees are (2) * * * described in § 870.202(c). subject to the provisions of (x) Market pay for physicians and (2) Under Option A, accidental death §§ 870.503(d) and 870.705 of this part; dentists of the Department of Veterans benefits are equal to the amount of (iii) The Corrections Trustee or an Affairs under 38 U.S.C. 7431; and Option A. employee of that Trustee who accepts (c)(1) Under Basic insurance, * * * * * employment with the District of accidental dismemberment benefits for (g)(1) Except as provided in Columbia government within 3 days the loss of a hand, foot, or the vision in paragraphs (g)(2) and (3) of this section, after separating from the Federal one eye are equal to one-half the BIA. if an employee legally serves in more Government. For loss of 2 or more of these in a single than one position at the same time, and (iv) The Pretrial Services, Parole, accident, benefits are equal to the BIA. Adult Probation and Offender at least one of those positions entitles (2) Under Option A, accidental Supervision Trustee or an employee of the employee to life insurance coverage, dismemberment benefits for the loss of that Trustee; the annual pay for life insurance a hand, foot, or the vision in one eye are (v) Effective October 1, 1997, a purposes is the sum of the annual rate equal to one-half the amount of Option judicial or nonjudicial employee of the of basic pay fixed by law or regulation A. For loss of 2 or more of these in a District of Columbia Courts, as provided for each position. single accident, benefits are equal to the by Public Law 105–33 (111 Stat. 251); (2) Paragraph (g)(1) does not apply amount of Option A. to— (3) Accidental dismemberment and (i) An employee of the Postal Service benefits are paid to the employee. (vi) Effective April 1, 1999, an who works on a part-time flexible (4) Accidental death benefits are paid employee of the Public Defender Service schedule; or to the employee’s beneficiaries. of the District of Columbia, as provided (ii) A temporary, intermittent by Public Law 105–274 (112 Stat. 2419). decennial census worker. Subpart C—Eligibility (4) A teacher in a Department of (3) If an employee’s annual pay Defense dependents school overseas, if 9. Section 870.302 is revised to read includes premium pay or availability employed by the Federal Government in as follows: pay under § 870.204(e), (f), or (g), the a nonteaching position during the recess annual pay is determined by § 870.302 Exclusions. period between school years. multiplying the employee’s annual rate (a) The following individuals are (b) The following employees are also of basic pay by the applicable excluded from life insurance coverage excluded from life insurance coverage: percentage factor. by law: (1) An employee serving under an 7. In § 870.205, paragraph (b)(1) is (1) An employee of a corporation appointment limited to 1 year or less. revised to read as follows: supervised by the Farm Credit Exceptions: (i) An employee whose full-time or § 870.205 Amount of Optional insurance. Administration, if private interests elect or appoint a member of the board of part-time temporary appointment has a * * * * * directors. regular tour of duty and follows (b)(1) Option B coverage comes in 1, (2) An individual who is not a citizen employment in a position in which the 2, 3, 4, or 5 multiples of an employee’s or national of the United States and employee was insured, with no break in annual pay (after the pay has been whose permanent duty station is outside service or with a break in service of no rounded to the next higher thousand, if the United States. Exception: an more than 3 days; not already an even thousand). Effective individual who met the definition of (ii) An acting postmaster; for pay periods beginning on or after employee on September 30, 1979, by (iii) A Presidential appointee October 30, 1998, there is no maximum service in an Executive agency, the appointed to fill an unexpired term; and amount for each multiple. United States Postal Service, or the (iv) Certain employees who receive Note: If an employee’s pay is ‘‘capped’’ by Smithsonian Institution in the area provisional appointments as defined in law, the amount of the Option B insurance which was then known as the Canal § 316.403 of this chapter. is based on the capped amount, which is the Zone. (2) An employee who is employed for amount the employee is actually being paid. (3) An individual first employed by an uncertain or purely temporary It is not based on the amount the employee’s the government of the District of period, who is employed for brief pay would have been without the pay cap. Columbia on or after October 1, 1987. periods at intervals, or who is expected * * * * * Exceptions: to work less than 6 months in each year. 8. Section 870.206 is revised to read (i) An employee of St. Elizabeths Exception: an employee who is as follows: Hospital, who accepts employment with employed under an OPM-approved the District of Columbia government career-related work-study program § 870.206 Accidental death and following Federal employment without under Schedule B lasting at least 1 year dismemberment. a break in service, as provided in and who is expected to be in pay status (a)(1) Accidental death and section 6 of Public Law 98–621 (98 Stat. for at least one-third of the total period dismemberment coverage is an 3379); of time from the date of the first

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appointment to the completion of the in force on an employee during the pay (1) The employee makes an election work-study program. period. during an open enrollment period as (3) An intermittent employee (a non- * * * * * described in § 870.507; full-time employee without a regularly- 12. In § 870.405, paragraphs (c)(2), (2) At least 1 year has passed since the scheduled tour of duty). Exception: an (g)(1), and (g)(5) are revised to read as effective date of the waiver, and the employee whose intermittent follows: employee provides satisfactory medical appointment follows, with no break in evidence of insurability; or service or with a break in service of no § 870.405 Direct premium payments. (3) The employee has a change in more than 3 days, employment in a * * * * * family circumstances (marriage or position in which he or she was insured (c) * * * divorce, a spouse’s death, or acquisition and to which he or she is expected to (2) Within 31 calendar days of of an eligible child) and files an election return. receiving the notice (60 days for as provided in paragraph (b)(3(i), (b)(3)(ii), or (b)(3)(iii) of this section. (4) An employee whose pay, on an individuals living overseas), the insured Except as provided in paragraph annual basis, is $12 a year or less. individual (or assignee) must return the notice to the employing office or (b)(3)(iii) of this section, the effective (5) A beneficiary or patient employee date of Basic insurance elected under in a Government hospital or home. retirement system, choosing either to terminate some or all of the insurance this paragraph (b)(3) is the 1st day the (6) An employee paid on a contract or or to make direct premium payments. employee actually enters on duty in a fee basis. Exception: an employee who An employee, annuitant, or pay status on or after the day the is a United States citizen, who is compensationer is considered to receive employing office receives the election. appointed by a contract between the a mailed notice 15 days after the date of (i) An employee must file an election employee and the Federal employing the notice. under this paragraph with the authority which requires his or her employing office, in a manner * * * * * personal service, and who is paid on the designated by OPM, along with proof of (g)(1) If an individual on direct pay basis of units of time. the event, no later than 60 calendar days fails to make the required premium (7) An employee paid on a piecework following the date of the change in payment on time, the employing office basis. Exception: an employee whose family circumstances that permits the or retirement system must notify the work schedule provides for full-time or election; the employee may also file the individual. The individual must make part-time service with a regularly- election before the event and provide the payment within 31 calendar days scheduled tour of duty. proof no later than 60 calendar days after receiving the notice (60 days if (8) A Senate restaurant employee, following the event. living overseas). An individual is (ii) An employee making an election except a former Senate restaurant considered to have received a mailed employee who had life insurance under this paragraph based on notice 15 days after the date of the acquisition of an eligible foster child coverage on the date of transfer to a notice, 30 days if living overseas. private contractor on or after July 17, must file the election with the 2008, and who elected to continue such * * * * * employing office no later than 60 (5) If, for reasons beyond his or her coverage and to continue coverage calendar days after completing the control, an insured individual is unable under either chapter 83 or 84 of title 5, required certification. to pay within 30 days of receiving the United States Code. (iii) Within 6 months after an past due notice (45 days if living employee becomes eligible to make an (c) OPM makes the final overseas), he or she may request election of Basic insurance due to a determination regarding the reinstatement of coverage by writing to change in family circumstances, an applicability of the provisions of this the employing office or retirement employing office may determine that the section to a specific employee or group system within 60 days from the date of employee was unable, for reasons of employees. cancellation. The individual must beyond his or her control, to elect Basic Subpart D—Cost of Insurance provide proof that the inability to pay insurance within the time limit. In this within the time limit was for reasons case, the employee must elect Basic 10. In § 870.401, paragraph (b)(3) is beyond his or her control. The insurance within 60 calendar days after revised to read as follows: employing office or retirement system he or she is notified of the will decide if the individual is eligible determination. The insurance is § 870.401 Withholdings and contributions for reinstatement of coverage. If the retroactive to the 1st day of the first pay for Basic insurance. employing office or retirement system period beginning after the date the * * * * * approves the request, the coverage is individual became eligible, if the (b) * * * reinstated back to the date of employee was in pay and duty status (3) The amount withheld from the pay cancellation, and the individual must that day. If the employee was not in pay of an insured employee whose BIA pay the back premiums. and duty status that day, the coverage changes during a pay period is based on becomes effective the 1st day after the the BIA last in force during the pay Subpart E—Coverage date the employee returned to pay and period 13. Sections 870.503 and 870.504 are duty status. The individual must pay * * * * * revised to read as follows: the full cost of the Basic insurance from 11. In § 870.404, paragraph (a) is that date for the time that he or she is revised to read as follows: § 870.503 Basic insurance: Canceling a in pay status. waiver. (c) OFEGLI reviews the employee’s § 870.404 Withholdings and contributions (a) An annuitant or compensationer request and determines whether the provisions that apply to both Basic and who has filed a waiver of Basic employee complied with paragraph Optional insurance. insurance cannot cancel the waiver. (b)(2) of this section. If the employee (a) Withholdings (and Government (b) An employee who has filed a complied, then OFEGLI approves the contributions, when applicable) are waiver of Basic insurance may cancel Request for Insurance. The Basic based on the amount of insurance last the waiver and become insured if: insurance is effective on the date of

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OFEGLI’s approval if the employee is in election, the coverage becomes effective unless the employee did not actually pay and duty status on that date. If the on the date the employee returns to pay enter on duty in pay status during the employee is not in pay and duty status and duty status. 1st pay period that began on or after on the date of OFEGLI’s approval, the April 1, 1981. In that case, the election § 870.504 Optional insurance: Election. Basic insurance is effective the first day is considered to have been cancelled on the employee returns to pay and duty (a)(1) Each employee must elect or the 1st day after the end of the next pay status, as long as it is within 60 calendar waive Option A, Option B, and Option period in which the employee actually days after OFEGLI’s approval. If the C coverage, in a manner designated by entered on duty in pay status. In order employee is not in pay and duty status OPM, within 60 days after becoming to have Option A as an employee after within 60 calendar days after OFEGLI’s eligible unless, during earlier the date of this cancellation, an approval, the approval is revoked employment, he or she filed an election employee must specifically elect the automatically. or waiver that remains in effect. The 60- coverage by filing the Life Insurance (d) When an employee who has been day time limit for Option B or Option Election with his or her employing separated from service for at least 180 C begins on the 1st day after February office, subject to § 870.504(a) or days is reinstated on or after April 1, 28, 1981, on which an individual is an 870.506(b). 1981, a previous waiver of Basic employee as defined in § 870.101. (d) Optional insurance is effective the insurance is automatically cancelled. (2) An employee of the District of 1st day an employee actually enters on Unless the employee files a new waiver, Columbia Financial Responsibility and duty in pay status on or after the day the Basic insurance becomes effective on Management Assistance Authority who employing office receives the election. If the 1st day he or she actually enters on elects to be considered a Federal the employee is not in pay and duty duty in pay status in a position in which employee under section 153 of Public status on the date the employing office he or she is eligible for coverage. Law 104–134 (110 Stat. 1321) must elect receives the election, the coverage Exception: For employees who waived or waive Option A, Option B, and becomes effective the next date that the Basic insurance after February 28, 1981, Option C coverage within 31 days after employee is in pay and duty status. separated, and returned to Federal the later of: (e) For an employee whose Optional service before December 9, 1983, the (i) The date his or her employment insurance stopped for a reason other waiver remained in effect; these with the Authority begins, or than a waiver, the insurance is employees were permitted to elect Basic (ii) The date the Authority receives reinstated on the 1st day he or she insurance by applying to their his or her election to be considered a actually enters on duty in pay status in employing office before March 7, 1984. Federal employee. a position in which he or she again (3) Within 6 months after an (e)(1) An employee of the Department becomes eligible. of Defense who is designated as an employee becomes eligible, an 14. Sections 870.506, 870.507, and ‘‘emergency essential employee’’ under employing office may determine that the 870.508 are revised to read as follows: section 1580 of title 10, United States employee was unable, for reasons Code, may cancel a waiver of Basic beyond his or her control, to elect any § 870.506 Optional insurance: Canceling a insurance without providing satisfactory type of Optional insurance within the waiver. medical information. time limit. In this case, the employee (a) When there is a change in family (2) An election of Basic insurance must elect or waive that type of circumstances (see § 870.503(b)(3)). (1) under paragraph (e)(1) of this section Optional insurance within 60 days after An employee may cancel a waiver of must be made within 60 days of being being notified of the determination. The Options A, B, and C due to a change in designated ‘‘emergency essential.’’ Basic insurance is retroactive to the 1st day of family circumstances as provided in insurance is effective on the date the the 1st pay period beginning after the paragraphs (a)(2) through (a)(6) of this employing office receives the election, if date the individual became eligible (or section. the employee is in pay and duty status after April 1, 1981, whichever is later), (2) An employee who has waived on that date. If the employee is not in if the employee was in pay and duty Options A and B coverage may elect pay and duty status on the day the status that day. If the employee was not coverage, and an employee who has employing office receives the election, in pay and duty status that day, the fewer than 5 multiples of Option B may the coverage becomes effective on the coverage becomes effective the 1st day increase the number of multiples, upon date the employee returns to pay and after the date the employee returned to his or her marriage or divorce, upon a duty status. pay and duty status. The individual spouse’s death, or upon acquisition of (f)(1) A civilian employee who is must pay the full cost of the Optional an eligible child. eligible for Basic insurance coverage insurance from that date for the time (3) An employee electing or and is deployed in support of a that he or she is in pay status (or retired increasing Option B coverage may elect contingency operation as defined by or receiving compensation with any number of multiples, as long as the section 101(a)(13) of title 10, United unreduced Optional insurance). total number of multiples does not States Code, may cancel a waiver of (b) Any employee who does not file exceed 5. Basic Insurance without providing a Life Insurance Election with his or her (4)(i) An employee who has waived satisfactory medical information. employing office, in a manner Option C coverage may elect it, and an (2) An election of Basic insurance designated by OPM, specifically electing employee who has fewer than 5 under paragraph (f)(1) of this section any type of Optional insurance, is multiples of Option C may increase the must be made within 60 days after the considered to have waived it and does number of multiples, upon his or her date of notification of deployment in not have that type of Optional marriage or acquisition of an eligible support of a contingency operation. insurance. child. An employee may also elect or Basic insurance is effective on the date (c) For the purpose of having Option increase Option C coverage upon the employing office receives the A as an employee, an election of this divorce or death of a spouse, if the election, if the employee is in pay and insurance filed on or before February employee has any eligible children. duty status on that date. If the employee 28, 1981, is considered to have been (ii) An employee electing or is not in pay and duty status on the day cancelled effective at the end of the pay increasing Option C coverage may elect the employing office receives the period which included March 31, 1981, any number of multiples, as long as the

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total number of multiples does not (iii) The effective date of Option C employing office during the March 1981 exceed 5. coverage elected because of the open enrollment period, the employee is (5)(i) Except as stated in paragraph acquisition of a foster child is the date considered to have waived Option A on (a)(5)(iii) of this section, the employee the employing office receives the March 31, 1981. must file an election under paragraph election or the date the employee (e) When an employee who has been (a)(2) or (a)(4) of this section with the completes the certification, whichever is separated from service for at least 180 employing office, in a manner later. days is reinstated on or after April 1, designated by OPM, along with proof of (iv) If the employee does not elect 1981, a previous waiver of Optional the event, no later than 60 calendar days Basic insurance and Option C together insurance is automatically cancelled, as following the date of the event that (and did not have Basic insurance follows: permits the election; the employee may before), then Option C becomes effective (1) An employee who returned to also file the election before the event the same day as his or her Basic service between April 1, 1981, and and provide proof no later than 60 insurance becomes effective. December 8, 1983, after a 180-day break calendar days following the event. (b) When there is no change in family in service was permitted to elect any (ii) An employee making an election circumstances. (1) An employee who form of Optional insurance by applying under paragraph (a)(4)(i) of this section has waived Option A or Option B to his or her employing office before following the acquisition of an eligible coverage may cancel the waiver and March 7, 1984. foster child must file the election with elect coverage if: (2) An employee who returns to (i) The employee makes an election the employing office no later than 60 service after December 8, 1983, during an open enrollment period; or calendar days after completing the (ii) At least 1 year has passed since following a 180-day break in service required certification. the effective date of the waiver, and the may elect any form of Optional (iii) In the case of an employee who employee provides satisfactory medical insurance by applying to his or her had a change in family circumstances evidence of insurability. employing office within 60 calendar between October 30, 1998, and April 23, (2) An employee who has Option B days after reinstatement. Coverage is 1999, an election under this section coverage of fewer than five multiples of effective on the 1st day the employee must have been made on or before June annual pay may increase the number of actually enters on duty in pay status in 23, 1999. multiples if at least 1 year has passed a position in which he or she is eligible (iv) Within 6 months after an since the effective date of his or her last for insurance on or after the date the employee becomes eligible to make an election of fewer than five multiples employing office receives the election. If election due to a change in family (including a reduction in the number of the employee does not file a Life circumstances, an employing office may multiples), and the employee provides Insurance Election in a manner determine that the employee was satisfactory medical evidence of designated by OPM within the 60-day unable, for reasons beyond his or her insurability. period, the employee has whatever control, to elect or increase Optional (3) A waiver of Option C may be Optional insurance coverage he or she insurance within the time limit. In this cancelled only if there is a change in had immediately before separating from case, the employee must elect or family circumstances or during an open Federal service and is considered to increase Optional insurance within 60 enrollment period. have waived any other Optional calendar days after he or she is notified (c) OFEGLI reviews the employee’s insurance. However, an employee who of the determination. The insurance is request and determines whether the fails to file an election during the 60-day retroactive to the 1st day of the first pay employee complied with paragraphs period due to reasons beyond his or her period beginning after the date the (b)(1)(ii) and (b)(2) of this section. If the control may enroll belatedly under the individual became eligible if the employee complied, then OFEGLI conditions stated in § 870.504(a)(3). employee was in pay and duty status approves the Request for Insurance. The (f)(1) An employee of the Department that day. If the employee was not in pay Option A and B insurance is effective on of Defense who is designated as and duty status that day, the coverage the date of OFEGLI’s approval, if the ‘‘emergency essential’’ under section becomes effective the 1st day after that employee is in pay and duty status on 1580 of title 10, United States Code, date the employee returned to pay and that date. If the employee is not in pay may cancel a waiver of Option A and duty status. The individual must pay and duty status on the date of OFEGLI’s Option B insurance. the full cost of the Optional insurance approval, the insurance is effective the (2) An election of Option A or Option from that date for the time that he or she first day the employee returns to pay B insurance under paragraph (f)(1) must is in pay status. and duty status, as long as it is within be made within 60 days of being (6)(i) The effective date of Options A 60 calendar days of OFEGLI’s approval. designated ‘‘emergency essential.’’ and B insurance elected under If the employee is not in pay and duty Optional insurance is effective on the paragraph (a)(1) of this section is the 1st status within 60 calendar days after date the employing office receives the day the employee actually enters on OFEGLI’s approval, the approval is election, if the employee is in pay and duty in pay status on or after the day the revoked automatically. duty status on that date. If the employee employing office receives the election. (d) If an employee waived Option A is not in pay and duty status on the day (ii) Except as provided in paragraphs insurance on or before February 28, the employing office receives the (a)(5)(iii) and (a)(6)(iv) of this section, 1981, the waiver was automatically election, the coverage becomes effective the effective date of Option C coverage cancelled effective on the 1st day the on the date the employee returns to pay elected because of marriage, divorce, employee entered on duty in pay status and duty status. death of a spouse, or acquisition of an on or after April 1, 1981. Option A (g)(1) A civilian employee who is eligible child is the day the employing coverage was effective on the date of the eligible for life insurance coverage and office receives the election, or the date waiver’s cancellation, if the employee who is deployed in support of a of the event, whichever is later. filed an election of Option A during the contingency operation as defined by Exception: Coverage elected under March 1, 1981, through March 31, 1981, section 101(a)(13) of title 10, United paragraph (a)(5)(iii) of this section was open enrollment period. If the employee States Code, may cancel a waiver of effective April 24, 1999. did not file the election with his or her Option A and/or Option B insurance.

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(2) An election of Optional elect by electing to be insured during the Subpart F—Termination and insurance under paragraph (g)(1) must open enrollment period. An election Conversion be made within 60 days after the date under this paragraph must be submitted of notification of deployment in support within 60 days after being notified of 15. Sections 870.601, 870.602, and of a contingency operation. Optional the determination. Coverage is 870.603 are revised to read as follows: retroactive to the first pay period that insurance is effective on the date the § 870.601 Termination of Basic insurance. employing office receives the election, if begins on or after the effective date set the employee is in pay and duty status by OPM and that follows a pay period (a) Except as otherwise provided in on that date. If the employee is not in during which the employee was in pay this section or § 870.701 of this part, the pay and duty status on the day the and duty status for at least 32 hours, Basic insurance of an insured employee employing office receives the election, unless OPM announces otherwise. If the stops on the date the employee the coverage becomes effective on the employee does not file an election separates from service, subject to a 31- date the employee returns to pay and within this 60-day time limit, he or she day extension of coverage. Exception: If duty status. will be considered to have waived the employee was employed by the (h) An annuitant or compensationer is coverage. Architect of the Capitol as a Senate not eligible to cancel a waiver of any Restaurants employee the day before the § 870.508 Nonpay status. type of Optional insurance or to food services operations of the Senate increase multiples of Option B under (a) An employee who is in nonpay Restaurants were transferred to a private this section. status is entitled to continue life business concern and the employee insurance for up to 12 months. No accepted employment by the business § 870.507 Open enrollment periods. premium payments are required, unless concern and elected to continue his or (a) There are no regularly scheduled the employee is receiving her Federal retirement benefits and open enrollment periods for life compensation. FEGLI coverage, the employee continues insurance. Open enrollment periods are (b) If an insured employee who is to be eligible for FEGLI coverage as long held only when specifically scheduled entitled to free insurance while in as he or she remains employed by the by OPM. nonpay status accepts a temporary business concern or its successor. appointment to a position in which he (b) During an open enrollment period, (b) The Basic insurance of an or she would normally be excluded unless OPM announces otherwise, employee who separates from service from insurance coverage, the insurance eligible employees may cancel their after meeting the requirement for an existing waivers of Basic and/or continues. The amount of Basic insurance (and Option B coverage if the immediate annuity under Optional insurance by electing the § 842.204(a)(1) of this chapter and who insurance in a manner designated by employee has it) is based on the combined salaries of the two positions. postpones receiving the annuity, as OPM. provided by § 842.204(c) of this chapter (c)(1) OPM sets the effective date for Withholdings are made from the (an MRA+10 annuity), stops on the date all insurance elected during an open employee’s pay in the temporary he or she separates from service, subject enrollment period. The newly elected position. to a 31-day extension of coverage. insurance is effective on the 1st day of (c) If an insured employee goes on the 1st pay period that begins on or after leave without pay (LWOP) to serve as a (c) The Basic insurance of an insured the OPM-established date and that full-time officer or employee of an employee who moves without a break in follows a pay period during which the employee organization, he or she may service to a position in which he or she employee was in pay and duty status for elect in writing to continue life is excluded from life insurance stops on at least 32 hours, unless OPM insurance within 60 days after the the last day of employment in the announces otherwise. beginning of the LWOP. The insurance former position, subject to a 31-day (2) A part-time employee must be in continues for the length of the extension of coverage. Exception: If the pay and duty status for one-half the appointment, even if the LWOP lasts position is excluded by regulation (not regularly-scheduled tour of duty shown longer than 12 months. The employee by law), and the employee does not on his or her current Standard Form 50 must pay to the employing office the have a break in service of more than for newly-elected coverage to become full cost of Basic and Optional three days, the Basic insurance effective, unless OPM announces insurance starting with the beginning of continues. otherwise. the nonpay status; the employee is not (d)(1) Except as provided in § 870.701, (3) An employee who has no entitled to 12 months of free coverage. the Basic insurance of an insured regularly-scheduled tour of duty or who There is no Government contribution for employee who is in nonpay status stops is employed on an intermittent basis these employees. on the date the employee completes 12 must be in pay and duty status for one- (d) If an insured employee goes on months in nonpay status, subject to a half the hours customarily worked LWOP while assigned to a State 31-day extension of coverage. The 12 before newly-elected coverage can government, local government, or months’ nonpay status may be broken become effective, unless OPM institution of higher education, the by periods of less than 4 consecutive announces otherwise. For the purpose employee may elect in writing to months in pay status. If an employee of this paragraph, an employing office continue the life insurance for the has at least 4 consecutive months in pay may determine the number of hours length of the assignment, even if the status after a period of nonpay status, he customarily worked by averaging the LWOP lasts longer than 12 months. The or she is entitled to begin the 12 number of hours worked in the most employee must pay his or her premiums months’ continuation of Basic insurance recent calendar year quarter prior to the to the Federal agency on a current basis again. If an employee has used up his start of the open enrollment period. starting with the beginning of the or her 12 months’ continuation in (d) Within 6 months after an open nonpay status; the employee is not nonpay status and returns to duty for enrollment period ends, an employing entitled to 12 months of free coverage. less than 4 consecutive months, his or office may determine that an employee The agency must continue to pay its her Basic insurance stops on the 32nd was unable, for reasons beyond his or contribution as long as the employee day after the last day of the last pay her control, to cancel an existing waiver makes his or her payments. period in pay status.

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(2) For the purpose of paragraph (d)(1) Basic insurance stops, subject to the to an individual policy; no medical of this section, 4 consecutive months in same 31-day extension of coverage. examination is required. The premiums pay status means any 4-month period (b) The Optional insurance of an for the individual policy are based on during which the employee is in pay employee who separates from service the employee’s age and class of risk. An status for at least part of each pay after meeting the requirement for an employee is eligible to convert the period. immediate annuity under policy only if he or she does not return, (3)(i) For the purpose of paragraph § 842.204(a)(1) of this chapter and who within 3 calendar days from the (d)(1) of this section, an individual who postpones receiving the annuity, as terminating event, to a position covered is entitled to benefits under part 353 of provided by § 842.204(c) of this chapter under the group plan. Exception: If an this chapter (USERRA—Uniformed (an MRA+10 annuity), stops on the date employee is unable to convert, a person Services Employment and he or she separates from service, subject having power of attorney for that Reemployment Act of 1994), who to a 31-day extension of coverage. employee may convert on his or her separates to go on military duty instead Exception: If the employee was behalf. If insurance has been assigned of going into a nonpay status, is treated employed by the Architect of the under subpart I of this part, it is the as an employee in nonpay status for life Capitol as a Senate Restaurants assignee(s), not the employee, who has insurance purposes. employee the day before the food (have) the right to convert. (ii) Basic insurance continues free for services operations of the Senate (2) The employing agency must notify 12 months or until 90 days after military Restaurants were transferred to a private the employee/assignee(s) of the loss of service ends, whichever comes first. business concern and the employee coverage and the right to convert to an (iii) Effective January 28, 2008, an accepted employment with the business individual policy either before or employee who enters on active duty, or concern and elected to continue his or immediately after the event causing the active duty for training in one of the her Federal retirement benefits and loss of coverage. uniformed services for more than 30 FEGLI coverage, the employee continues (3) The employee/assignee(s) must days, may continue enrollment for an to be eligible for FEGLI coverage as long submit the request for conversion additional 12 months, for a total of up as he or she remains employed by the information to OFEGLI. OFEGLI must to 24 months. business concern or its successor. receive the request for conversion (c)(1) If an insured employee is not (A) Each agency must notify its within 31 calendar days of the date on eligible to continue Optional coverage employees of the opportunity to elect to the conversion notification the as an annuitant or compensationer as continue coverage for the additional 12 employee receives from the employing provided by § 870.701, the Optional months. agency (60 days if overseas) or within 60 insurance stops on the date that his or (B) An employee wanting coverage for calendar days after the date of the her Basic insurance is continued or the additional 12 months must elect it terminating event (90 days, if overseas), reinstated under § 870.701, subject to a prior to the end of the first 12 months whichever is earlier. 31-day extension of coverage. (4) If the employee does not request in nonpay status, in a manner (d) If, at the time of an individual’s designated by the employing agency. conversion information within the election of Basic insurance during specified time period as described in (C) Insurance continues free for the receipt of annuity or compensation, he first 12 months; however, an employee paragraph (a)(3) of this section, the or she elects no Basic life insurance as employee is considered to have refused must pay both the employee and agency provided by § 870.702(a)(1), the share of premiums to the agency on a coverage unless OFEGLI determines the Optional insurance stops at the end of failure was for reasons beyond the current basis for Basic coverage, and the month in which the election is must pay the entire cost (there is no employee’s control, as described in received in OPM, subject to a 31-day paragraph (a)(5) of this section. agency share) for any Optional extension of coverage. insurance for the additional 12 months (e) Except for employees, annuitants, (5) When an agency fails to provide of coverage elected. and compensationers who elect direct the notification required in paragraph (D) For an employee who does not payment as provided in § 870.405, (a)(2) of this section, or the employee/ elect to continue coverage for an Optional insurance stops, subject to a assignee fails to request conversion additional 12 months, coverage 31-day extension of coverage, at the end information within the time limit set in terminates at the end of the first 12 of the pay period in which the paragraph (a)(3) of this section for months in nonpay status subject to the employing office or retirement system reasons beyond his or her control, the 31-day extension of coverage and determines that an individual’s periodic employee may make a belated request conversion rights as provided in pay, annuity, or compensation, after all by writing to OFEGLI. The employee/ § 870.603 of this part. other deductions, is not enough to cover assignee must make the request within (e) Except for employees, annuitants, the full cost of the Optional insurance. 6 months after becoming eligible to and compensationers who elect direct If an individual has more than one type convert the insurance. The employee/ payment as provided in § 870.405 of this of Optional insurance and his or her assignee must show that he or she was part, Basic insurance stops, subject to a pay, annuity, or compensation is not notified of the loss of coverage and 31-day extension of coverage, at the end sufficient to cover some but not all of the right to convert and was not of the pay period in which the the insurance, the multiples of Option C otherwise aware of it or that he or she employing office or retirement system terminate first, followed by Option A, was unable to convert to an individual determines that an individual’s periodic and then the multiples of Option B. policy for reasons beyond his or her pay, annuity, or compensation, after all control. OFEGLI will determine if the other deductions, is not enough to cover § 870.603 Conversion of Basic and employee/assignee is eligible to convert. the full cost of Basic insurance. Optional insurance. If the request is approved, the employee (a)(1) When group coverage must convert within 31 calendar days of § 870.602 Termination of Optional terminates for any reason other than that determination. insurance. voluntary cancellation, an employee (b) The individual conversion policy (a) The Optional insurance of an may apply to convert all or any part of is effective the day after the group insured employee stops when his or her his or her Basic and Optional insurance coverage ends. The employee/assignee

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must pay the premiums for any period § 870.702 Amount of Basic insurance. (b)(1) Unless an employee has elected retroactive to that date. * * * * * a partial Living Benefit under subpart K (c) The 31-day extension of coverage (b) * * * of this part or an individual has provided under this subpart does not (2)(i) For an annuitant or assigned the insurance under subpart I depend upon timely notification of the compensationer who elected a partial of this part, an insured individual may right to convert to an individual policy. Living Benefit as an employee, the cancel an election under paragraph The extension cannot be continued amount of Basic insurance he or she can (a)(3) or (a)(4) of this section at any time. beyond 31 days. continue is the post-election BIA, as The amount of Basic insurance (d) Family members may convert described in § 870.203(a)(2). automatically switches to the amount Option C coverage (and name (ii) If an employee elected a partial that would have been in force if the beneficiaries of their choice) if: Living Benefit and that employee is individual had originally elected the 75 (1) The employee dies; or under age 45 at the time of death, percent reduction. This revised amount (2) The insurance stops under OFEGLI will multiply the post-election is effective at the end of the month in circumstances that allow the employee BIA by the appropriate factor, as which OPM receives the request to to convert Option C coverage but the specified in § 870.202(c), that was in cancel the previous election. There is no employee does not convert. effect on the date that is nine months refund of premiums. (e) If an employee with Option C after the date OFEGLI received the (2) If an individual files a waiver of coverage dies, the employing office completed Living Benefit application. insurance, the coverage stops without a must send a conversion notice to the 18. Section 870.703 is revised to read 31-day extension of coverage or family members at the employee’s last as follows: conversion right. Coverage ceases at the address on file. end of the month in which OPM (f) Family members must submit the § 870.703 Election of Basic insurance. received the waiver. request for conversion information to (a) An individual who makes an (c) Unless he/she chooses to terminate OFEGLI. OFEGLI must receive the election under § 870.701(c) and who has his/her insurance, an employee who has request for conversion within 31 not elected a Living Benefit must select elected a partial Living Benefit must calendar days of the date on the one of the options in paragraphs (a)(1) choose the no reduction election under conversion notification the employee through (4) of this section. No one else paragraph (a)(4) of this section. The receives from his or her employing can make this election on the employee cannot later change to the 75 agency (60 days if overseas) or within 60 individual’s behalf. percent reduction. calendar days after the date of the (1) Termination of the insurance. The (d) If an employee has assigned his or terminating event (90 days, if overseas), individual’s insurance stops upon her insurance, he/she cannot cancel an whichever is earlier. There is no conversion to an individual policy as election under paragraph (a)(3) or (a)(4) extension to these time limits. Family provided under § 870.603. If the of this section. Only the assignee(s) may members are considered to have refused individual does not convert to an cancel this election. Exception: If the coverage if they do not request individual policy, insurance stops at the employee elected a partial Living conversion within these time limits. end of the month in which OPM or the Benefit before assigning the remainder (g) The family members’ conversion employing office receives the election; of his or her insurance, the assignee(s) policy is effective at the end of the (2) Continuation or reinstatement of cannot cancel the election under employee’s 31-day extension of Basic insurance with a maximum paragraph (a)(4) of this section. coverage. reduction of 75 percent during (e)(1) For purposes of this part, a retirement. Premiums are withheld from judge who retires under one of the Subpart G—Annuitants and annuity or compensation (except as following provisions is considered to be Compensationers provided under § 870.401(d)(1)). The an employee after retirement: (i) 28 U.S.C. 371(a) or (b); 16. Section 870.701(c) is revised to amount of Basic Life insurance in force reduces by 2 percent of the BIA each (ii) 28 U.S.C. 372(a); read as follows: (iii) 28 U.S.C. 377; month until the maximum reduction is (iv) 26 U.S.C. 7447; § 870.701 Eligibility for life insurance. reached. This reduction starts at the * * * * * (v) 11 DC Code 776; beginning of the 2nd month after the (vi) Section 7447 of the Internal (c) An individual who meets the date the insurance would otherwise Revenue Code; requirements of paragraph (a) or (b) of have stopped or the date of the insured’s (2) The insurance of a judge described this section or § 870.706 for 65th birthday, whichever is later; in paragraph (e)(1) of this section does continuation or reinstatement of life (3) Continuation or reinstatement of not reduce after age 65. Basic insurance insurance must complete an election, in Basic insurance with a maximum continues without interruption or a manner designated by OPM, at the reduction of 50 percent during reduction. Exception: If the insured is a time entitlement is established. For the retirement. Premiums are withheld from judge eligible for compensation, and election to be valid, OPM must receive annuity or compensation. The amount chooses to receive compensation instead the election before OPM has made a of Basic insurance in force reduces by of annuity, he or she must select an final decision on the individual’s 1 percent of the BIA each month until option described in paragraph (a) of this application for annuity or supplemental the maximum reduction is reached. This section. annuity or an individual’s request to reduction starts at the beginning of the 19. Sections 870.704 and 870.705 are continue life insurance as a 2nd month after the date the insurance revised to read as follows: compensationer. If there is no valid would otherwise have stopped or the election, OPM considers the individual date of the insured’s 65th birthday, § 870.704 Amount of Option A. to have chosen the option described in whichever is later; or (a) The amount of Option A coverage paragraph (a)(2) of § 870.703. (4) Continuation or reinstatement of an annuitant or compensationer can * * * * * Basic insurance with no reduction after continue is $10,000. 17. Section 870.702(b)(2) is revised to age 65. Premiums are withheld from (b) An annuitant’s or read as follows: annuity or compensation. compensationer’s Option A coverage

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reduces by 2 percent of the original chooses to receive compensation instead until October 24, 1999, to make the No amount each month up to a maximum of annuity, the post-65 reductions and Reduction election. The amount of reduction of 75 percent. This reduction elections apply. Option B coverage retained was the starts at the beginning of the 2nd month (2) Prior to reaching age 65, an amount in effect on April 24, 1999. Each after the date the insurance would annuitant or compensationer can change annuitant or compensationer who otherwise have stopped or the beginning from No Reduction to Full Reduction at elected No Reduction was required to of the 2nd month after the date of the any time. Exception: If the individual pay premiums retroactive to April 24, insured’s 65th birthday, whichever is has assigned his or her insurance as 1999. later. provided in subpart I of this part, only (2) An employee who was already (c) Paragraph (b) of this section does the assignee can change from No retired or insured as a compensationer not apply to a judge who retires under Reduction to Full Reduction for the on April 24, 1999, could not elect No one of the provisions listed in Option B coverage. Reduction for Option C. § 870.703(e)(1). For purposes of this (3)(i) After reaching age 65, an 20. Section 870.707 is revised to read part, such a judge is considered to be an annuitant or compensationer can change as follows: employee after retirement, and Option A from No Reduction to Full Reduction at any time. Exception: If the individual § 870.707 Reemployed annuitants and insurance continues without compensationers. interruption or reduction. Exception: If has assigned his or her insurance as the judge is eligible for compensation provided in subpart I of this part, only (a)(1) If an insured annuitant or and chooses to receive compensation the assignee can change from No compensationer is appointed to a instead of annuity, paragraph (b) of this Reduction to Full Reduction for the position in which he or she is eligible section applies. Option B coverage. If an individual age for insurance, the amount of his or her 65 or over changes to Full Reduction, Basic life insurance as a annuitant or § 870.705 Amount and election of Option B the amount of insurance in force is compensationer (and any applicable and Option C. computed as if he or she had elected withholdings) is suspended on the day (a) The number of multiples of Option Full Reduction initially. There is no before the 1st day in pay status under B and Option C coverage an annuitant refund of premiums. the appointment, unless the reemployed or compensationer can continue is the (ii) After reaching age 65, an annuitant or compensationer waives all highest number of multiples in force annuitant or compensationer cannot insurance coverage as an employee. The during the applicable period of service change from Full Reduction to No Basic insurance benefit payable upon required to continue Option B and Reduction. the death of a reemployed annuitant or Option C. (c)(1) For each multiple of Option B compensationer who has Basic (b)(1)(i) At the time an employee and/or Option C for which an insurance in force as an employee, retires or becomes insured as a individual elects Full Reduction, the cannot be less than the benefit that compensationer, he or she must elect coverage reduces by 2 percent of the would have been payable if the the number of allowable multiples he or original amount each month. This individual had not been reemployed. she wishes to continue during reduction starts at the beginning of the (2) Except as provided in paragraph retirement or while receiving 2nd month after the date the insurance (b) of this section, the Basic insurance compensation. would otherwise have stopped or the obtained as an employee stops with no (ii) An employee who elects to beginning of the 2nd month after the 31-day extension of coverage or continue fewer multiples than the insured’s 65th birthday, whichever is conversion right, on the date number for which he or she is eligible later. At 12:00 noon on the day before reemployment terminates. Any is considered to have cancelled the the 50th reduction, the insurance stops, suspended Basic insurance (and any multiples that are not continued. with no extension of coverage or applicable withholdings) is reinstated (iii) An employee separating for conversion right. on the day following termination of the retirement and an employee becoming (2) For each multiple of Option B and/ reemployment. insured as a compensationer on or after or Option C for which an individual (b) Basic insurance obtained during April 24, 1999, must choose the level of elects No Reduction, the coverage in reemployment can be continued after post-age-65 reduction he or she wants. force does not reduce. After age 65 the the reemployment terminates if the There are two choices: Full Reduction annuitant or compensationer continues individual: and No Reduction. The election may be to pay premiums appropriate to his or (1) Qualifies for a supplemental made only by the employee and must be her age. annuity or receives a new retirement made in the manner that OPM (d)(1) An employee who was already right (or if a compensationer, he or she designates. The employee may make retired or insured as a compensationer worked an amount of time equivalent to different elections for Option B and for on April 24, 1999, and who had Option that required for an annuitant to qualify Option C. He or she may choose Full B, was given an opportunity to make an for a supplemental annuity); Reduction for some multiples of an election for Option B. (2) Has had Basic insurance as an Option and No Reduction for other (i) Each such annuitant or employee for at least 5 years of service multiples of the same Option. Failure to compensationer who was under age 65 immediately before separation from make an election for Option B or for on April 24, 1999, was notified of the reemployment or for the full period(s) Option C will be considered to be an option to elect No Reduction. The during which such coverage was election of Full Reduction for all retirement system will send the available to the individual, whichever is multiples of that Option. individual an election notice before his less; and (iv) For purposes of this part, a judge or her 65th birthday. (3) Does not convert to nongroup who retires under one of the provisions (ii) Each such annuitant or insurance when Basic insurance as an listed in § 870.703(e)(1) is considered to compensationer who was age 65 or employee would otherwise terminate. be an employee after retirement. The older on April 24, 1999, and who still (c) If the Basic insurance obtained insurance of such a judge does not had some Option B coverage remaining, during reemployment is continued as reduce after age 65. Exception: If the was given the opportunity to stop provided in paragraph (b) of this judge is eligible for compensation and further reductions. The individual had section, any suspended Basic life

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insurance stops, with no 31-day from reemployment or for the full appropriate office is the employing extension of coverage or conversion period(s) of service during which it was agency. right. available to him or her, whichever is (iv) For a compensationer after (d)(1) An annuitant or less. separation or the completion of 12 compensationer appointed to a position (f) If Optional insurance obtained months in nonpay status, the in which he or she is eligible for Basic during reemployment is continued as appropriate office is OPM. insurance is also eligible for Optional provided in paragraph (e) of this (4) If, within the applicable time insurance as an employee, unless he or section, any suspended Optional frames, the appropriate office receives she has on file an uncancelled waiver of insurance stops, with no 31-day conflicting court orders entitling Basic or Optional insurance. extension of coverage or conversion different persons to the same insurance, (2) If the individual has Option A or right. benefits will be paid based on C as an annuitant, that insurance (and (g) If a reemployed annuitant or whichever court order was issued first. applicable withholdings) is suspended compensationer waives life insurance as * * * * * on the day before his or her 1st day in an employee, the waiver also cancels his 22. Section 870.802(b) and (g)(1) are pay status under the appointment. or her life insurance as an annuitant or revised to read as follows: Unless he or she waives Option A or C compensationer. (or waives Basic insurance), the § 870.802 Designation of beneficiary. individual obtains Option A or C as an Subpart H—Order of Precedence and * * * * * employee. Designation of Beneficiary (b) A designation of beneficiary must (3) If the individual has Option B as be in writing, signed by the insured an annuitant or compensationer, that 21. Section 870.801(a) and (d) are individual, and witnessed and signed by insurance (and applicable withholdings) revised to read as follows: 2 people. The completed designation of continues as if the individual were not § 870.801 Order of precedence and beneficiary form may be submitted to reemployed, unless: payment of benefits. the appropriate office via appropriate (i) The individual files with his/her (a) Except as provided in paragraph methods approved by the employing employing office an election of Option (d) of this section and paragraph (g)(2) office. The appropriate office must B, in a manner designated by OPM, of § 870.802, benefits are paid according receive the designation before the death within 60 calendar days after the date of to the order of precedence stated in 5 of the insured. (1) For an employee, the appropriate reemployment. In this case Option B U.S.C. 8705(a), as follows: (and applicable withholdings) as an office is the employing office. (1) To the designated beneficiary (or (2) For an annuitant or annuitant or compensationer is beneficiaries); suspended on the date that Option B as compensationer, the appropriate office (2) If none, to the widow(er); is OPM. an employee becomes effective; or (3) If none, to the child, or children (ii) The individual waives Basic in equal shares, with the share of any * * * * * (g)(1) A designation of beneficiary is insurance. deceased child going to his or her (4) The Option B benefit payable upon automatically cancelled 31 days after children; the death of a reemployed annuitant or the individual stops being insured. (4) If none, to the parents in equal compensationer is the amount in effect shares or the entire amount to the * * * * * as an annuitant or compensationer, surviving parent; unless the individual elected to have Subpart I—Assignments of Life (5) If none, to the executor or Option B as an employee. Insurance administrator of the estate; (5) Except as provided in paragraph (6) If none, to the next of kin (e) of this section, the Optional 23. Section 870.902 is revised to read according to the laws of the State in insurance obtained as an employee as follows: which the insured individual legally stops, with no 31-day extension or resided. § 870.902 Making an assignment. conversion right, on the date (a) To assign insurance, an insured * * * * * reemployment terminates. The amount individual must complete an approved (d)(1) If there is a court order in effect of suspended Optional insurance that assignment form. Only the insured naming a specific person or persons to remains in force after applicable individual may make an assignment; no receive life insurance benefits upon the monthly reductions after age 65 (and one may assign insurance on behalf of death of an insured individual, Basic corresponding withholdings) is an insured individual. insurance and Option A and Option B reinstated on the day after (b) The assignment form must be in insurance will be paid to the person or reemployment terminates. writing, signed by the insured persons named in the court order, (e) Optional life insurance obtained individual, and witnessed and signed by instead of according to the order of during reemployment may be continued 2 people. The completed assignment precedence. after the reemployment terminates if the form, indicating the intent to (2) To qualify a person for such annuitant: irrevocably assign all ownership of the payment, a certified copy of the court (1) Qualifies for a supplemental insurance, must be received by the order must be received by the annuity or receives a new retirement appropriate office. right (or if a compensationer, he or she appropriate office on or after July 22, (1) For an employee, the appropriate worked an amount of time equivalent to 1998, and before the death of the office is the employing office. that required for an annuitant to qualify insured. (2) For an annuitant or for a supplemental annuity); (3)(i) For an employee, the compensationer, the appropriate office (2) Continues Basic life insurance appropriate office is the employing is OPM. under paragraph (a)(2), (3), or (4) of agency. 24. Section 870.907(c) is revised to § 870.703; and (ii) For an annuitant, the appropriate read as follows: (3) Has had Optional insurance as an office is OPM. employee for at least the 5 years of (iii) For a compensationer during the § 870.907 Termination and conversion. service immediately before separation first 12 months of nonpay status, the * * * * *

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(c) An assignment terminates 31 days (3) Under certain circumstances, on their balances in accounts at Federal after the insurance terminates, unless OFEGLI may require a medical Reserve Banks (‘‘eligible institutions’’) the insured individual is reemployed in examination before making a decision. could hold term deposits and receive or returns to a position in which he or In these cases, OFEGLI is financially earnings at a rate that would not exceed she is entitled to coverage under this responsible for the cost of the medical the general level of short-term interest part within 31 days after the insurance examination. rates. Term deposits would be separate terminates. If the individual returns to (d)(1) If the application is approved, and distinct from those maintained in Federal service, Basic insurance and any OFEGLI sends the insured a check or an institution’s master account at a Option A and/or Option B insurance makes an electronic funds transfer to the Reserve Bank (‘‘master account’’) as well acquired through returning to service is insured’s account for the Living Benefit as from those maintained in an excess subject to the existing assignment. payment and an explanation of benefits. balance account. Term deposits would 25. Section 870.910 is revised to read (i) Until the check has been cashed or not satisfy required reserve balances or as follows: deposited, or before the electronic funds contractual clearing balances and would transfer has been received, the not be available to clear payments or to § 870.910 Notification of current individual may change his or her mind addresses. cover daylight or overnight overdrafts. about electing a Living Benefit; if this The proposal also would make minor Each assignee must keep the office happens, the individual must mark the amendments to the posting rules for where the assignment is filed informed check ‘‘void’’ and return it to OFEGLI. intraday debits and credits to master of his/her current address. (ii) Once the insured individual has accounts as set forth in the Board’s cashed or deposited the payment, the Subpart K—Living Benefits Policy on Payment System Risk to Living Benefit election becomes address transactions associated with 26. Section 870.1103 is revised to read effective and cannot be revoked; term deposits. as follows: OFEGLI then sends explanations of DATES: Comments must be submitted by benefits to the insured’s employing February 1, 2010. § 870.1103 Election procedures. office, so it can make the necessary (a) The insured individual must ADDRESSES: You may submit comments, changes in withholdings and identified by Docket No. R–1381, by any request information on Living Benefits deductions. and an application form directly from of the following methods: (2) If the application is not approved, • Agency Web Site: http:// OFEGLI. OFEGLI will notify the insured www.federalreserve.gov. Follow the (b)(1) The insured individual must individual and the employing office. complete the first part of the application instructions for submitting comments at The decision is not subject to http://www.federalreserve.gov/ and have his or her physician complete administrative review; however, the the second part. The completed generalinfo/foia/ProposedRegs.cfm. individual may submit additional • application must be submitted directly medical information or reapply at a later Federal eRulemaking Portal: http:// to OFEGLI. date if future circumstances warrant. www.regulations.gov. Follow the (2) Another person may apply for a instructions for submitting comments. Living Benefit on the insured Subpart L—[Removed] • E-mail: individual’s behalf if all of the following [email protected]. conditions are met: 27. Subpart L, consisting of Include the docket number in the (i) The insured’s physician must §§ 870.1201 through 807.1208, is subject line of the message. certify that the insured individual is removed and reserved. • Fax: (202) 452–3819 or (202) 452– physically or mentally incapable of [FR Doc. E9–31023 Filed 12–30–09; 8:45 am] 3102. • Mail: Jennifer J. Johnson, Secretary, making an election; BILLING CODE 6325–39–P (ii) The applicant must have power of Board of Governors of the Federal attorney or a court order authorizing Reserve System, 20th Street and Constitution Avenue, NW., Washington, him or her to elect a Living Benefit on FEDERAL RESERVE SYSTEM the insured individual’s behalf; DC 20551. (iii) The applicant must place his or 12 CFR Part 204 All public comments are available her own signature on the application from the Board’s Web site at http:// and attach it to a true and correct copy [Regulation D; Docket No. R–1381] www.federalreserve.gov/generalinfo/ foia/ProposedRegs.cfm as submitted, of the power of attorney or court order Reserve Requirements of Depository authorizing the applicant to make the unless modified for technical reasons. Institutions Policy on Payment System Accordingly, your comments will not be election on the insured individual’s Risk behalf; and edited to remove any identifying or (iv) The applicant must either be the AGENCY: Board of Governors of the contact information. insured individual’s sole beneficiary or Federal Reserve System. Public comments may also be viewed electronically or in paper in Room MP– attach a true and correct copy of each ACTION: Notice of proposed rulemaking; beneficiary’s written and signed request for public comment. 500 of the Board’s Martin Building (20th consent. and C Streets, NW.) between 9 a.m. and (c)(1) OFEGLI reviews the application, SUMMARY: The Board is requesting 5 p.m. on weekdays. obtains certification from the insured’s public comment on proposed FOR FURTHER INFORMATION CONTACT: employing office regarding the amount amendments to Regulation D, Reserve Sophia H. Allison, Senior Counsel (202/ of insurance and the absence of an Requirements of Depository Institutions, 452–3565), or Dena L. Milligan, Staff assignment, and determines whether the to authorize the establishment of term Attorney (202/452–3900), Legal individual meets the requirements to deposits. Term deposits are intended to Division, or Seth Carpenter, Associate elect a Living Benefit. facilitate the conduct of monetary policy Director (202/452–2385), or Margaret (2) If OFEGLI needs additional by providing a tool for managing the Gillis DeBoer, Section Chief (202/452– information, it will contact the insured aggregate quantity of reserve balances. 3139), Division of Monetary Affairs; for or the insured’s physician. Institutions eligible to receive earnings users of Telecommunications Device for

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the Deaf (TDD) only, contact (202/263– part of the Federal Reserve’s tool kit to but would not accept bids at an interest 4869); Board of Governors of the Federal drain reserves, if necessary, and thus rate that exceeds the stated maximum Reserve System, 20th and C Streets, support the implementation of monetary rate. All winning bidders would receive NW., Washington, DC 20551. policy. the highest accepted rate; bids at lower SUPPLEMENTARY INFORMATION: Term deposits would be distinct from rates would be accepted in full while balances held by eligible institutions in bids at the highest accepted rate would I. Interest on Balances of Eligible their master accounts. Term deposits be prorated as necessary. The auction Institutions at Reserve Banks could not be withdrawn prior to would settle at least one day after Section 19(b)(12) of the Federal maturity, would not satisfy required winning bidders are notified of their Reserve Act (the ‘‘Act’’) (12 U.S.C. reserve balances or contractual clearing awards. 461(b)(2)) authorizes ‘‘eligible balances, and would not be available to To settle the auction, the Federal institutions’’ 1 to receive earnings on clear payments or cover daylight or Reserve would transfer balances from balances maintained at Reserve Banks, overnight overdrafts. Term deposits the master account of each institution to be paid at least once each quarter at would, however, be eligible to that submits a winning bid (or, if a a rate or rates not to exceed the general collateralize discount window winning bidder does not maintain such level of short-term interest rates. The advances. an account, from the master account of same section of the Act authorizes the Term deposits could be structured in its correspondent) to a term deposit. Board to prescribe regulations many different ways. For example, term Winning bidders would maintain their concerning the payment of such deposits could be offered at one term deposits at the Reserve Bank in earnings. Effective October 9, 2008, the maturity or several maturities. whose District the winning bidder is Board amended Regulation D to direct Moreover, the interest rate or rates paid located.6 When the term deposit the Reserve Banks to pay earnings on on term deposits could be set through matures, the Federal Reserve would balances of eligible institutions held at an auction mechanism or, alternatively, transfer the term deposit principal plus Reserve Banks to satisfy reserve could be set administratively or by a accrued interest into the institution’s requirements (‘‘required reserve formula. A basic proposal in which term master account (or the master account of balances’’) 2 and on balances held in deposits are offered through an auction its correspondent). excess of required reserve balances and process is described below. The maximum-allowable rate for each clearing balance requirements 3 (‘‘excess Term Deposit Auctions. The Federal auction of term deposits would be no balances’’).4 (73 FR 59482) (Oct. 9, Reserve could hold regular auctions of higher than the general level of short- 2008). Regulation D currently provides term deposits, offering a fixed quantity term interest rates. For these purposes, that the rate of interest on both required of term deposits with relatively short ‘‘short-term interest rates’’ would be reserve balances and on excess balances maturities. Auctions could be held defined as the primary credit rate and is equal to 1⁄4 percent. The Board may shortly before the end of each two-week rates on obligations with maturities of from time to time determine any other reserve maintenance period, with up to one year in which eligible rate or rates for such balances subject to settlement occurring on the first day of institutions may invest, such as rates on the limitation that such rates may not the subsequent maintenance period. The term Federal funds, term repurchase exceed the general level of short-term Federal Reserve would announce each agreements, commercial paper, term interest rates. auction in advance and would specify Eurodollar deposits, and other similar both the quantity of term deposits II. Term Deposit Proposal rates. offered and their maturity. Term Participation Eligibility. Any ‘‘eligible Introduction and Basic Structure. The deposits of more than one maturity institution’’ could hold term deposits.7 5 Federal Reserve has addressed the could be outstanding simultaneously. Branches and agencies of foreign banks financial market turmoil of the past two Terms and conditions for each auction are included within the definition of years in part by greatly expanding its could specify various parameters, such ‘‘eligible institution’’ and could balance sheet and by supplying an as minimum and maximum bid therefore hold term deposits. Unlike unprecedented volume of reserves to the amounts and a maximum-allowable bid branches of domestic banks, branches banking system. Term deposits could be rate. and agencies of the same foreign bank Eligible institutions that wished to that are located in different Reserve 1 ‘‘Eligible institution’’ includes the depository hold term deposits would bid in a Bank Districts may have separate master institutions defined in section 19(b)(1)(A) of the competitive auction, indicating both the Act, including banks, savings associations, savings accounts at the corresponding Reserve banks and credit unions that are Federally insured interest rate at which they are willing to Banks. The proposal anticipates that or eligible to apply for Federal insurance. 12 CFR hold term deposits and the quantity each affiliated branch of a foreign bank 204.2(y). ‘‘Eligible institution’’ also includes trust they wish to hold at that rate. At the would be eligible to bid separately at companies, Edge and agreement corporations, and submission deadline, all bids received U.S. agencies and branches of foreign banks. Id. The term deposit auctions and maintain definition does not include all entities for which would be considered final and could not separate term deposits at that branch’s the Reserve Banks hold accounts, such as entities be modified or withdrawn. Starting with Reserve Bank unless the Board for which the Reserve Banks act as fiscal agents, the lowest interest rate and working up, determines otherwise. including Federal Home Loan Banks, Fannie Mae, the Federal Reserve would accept as and Freddie Mac. many bids as necessary to reach the 2 12 CFR 204.2(bb) (definition of ‘‘required 6 For an account-holding eligible institution, term reserve balance’’). announced quantity of term deposits, deposits would be placed at the Reserve Bank that 3 12 CFR 204.2(v) (definition of ‘‘clearing maintains the institution’s master account (as balance’’). 5 Auctions of multiple tenors could be staggered. defined in Reserve Bank Operating Circular 1, 4 12 CFR 204.2(z) (definition of ‘‘excess balance’’). For example, an auction of 28-day term deposits ‘‘Account Relationships,’’ http:// Excess balances may be maintained in the could be held at the end of one maintenance period, www.frbservices.org/files/regulations/pdf/ institution’s own account at a Reserve Bank, in the and an auction of 84-day term deposits could be operating_circular_1.pdf). For non-account-holding account of the institution’s correspondent, or in a held at the end of the next maintenance period. eligible institutions, term deposits would be placed limited-purpose ‘‘excess balance account.’’ Cf. 12 Alternatively, auctions of multiple tenors could be at the Reserve Bank in whose District the institution CFR 204.2(aa) (definition of ‘‘excess balance conducted simultaneously, with, for example, is located for purposes of Section 3(g) of Regulation account’’); 12 CFR 204.10(d) (regarding excess auctions of 14-day and 28-day term deposits held D, 12 CFR 204.3(g). balance accounts). every second week. 7 See footnote 1, supra.

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Administration of Term Deposit Payment System Risk 10 (‘‘PSR Policy’’). provisions regarding the payment of Offerings. The Board would designate a The PSR Policy posting rules set forth interest on balances at any other rate or single Reserve Bank as the ‘‘Term a schedule for the posting of debits and rates as determined by the Board from Deposit Offering Administrator’’ on credits to an institution’s master time to time and clarify that those rates behalf of all twelve Reserve Banks. The account for different types of payments. may not exceed the general level of Term Deposit Administrator would be The Board expects that, on the short-term interest rates. For purposes of responsible for posting announcements announced settlement date for a this subsection, the proposal would and results of auctions. The Term particular offering, the Reserve Bank define ‘‘short-term interest rates’’ as the Deposit Offering Administrator would would fund the term deposits of the primary credit rate and rates on also post the results for each auction to winning bidders by transferring funds obligations with maturities of up to one a public Web site. If the Board were to from the master accounts of the winning year in which eligible institutions may set the rate paid on term deposits bidders (or the master accounts of their invest, such as rates on term Federal administratively or by formula, the correspondents) into term deposits at funds, term repurchase agreements, Term Deposit Offering Administrator the Reserve Bank in whose District the commercial paper, term Eurodollar would be responsible for posting winning bidder is located. Specifically, deposits, and other similar rates. announcements of available rates and the transfer from a master account to Section 204.10(e) maturities. fund a term deposit would post after the Term Deposit Maturities. Term close of Fedwire Funds service on the Proposed section 204.10(e) would add deposit maturities would not exceed settlement date. On the date that a term a new subsection, ‘‘Term Deposits,’’ to one year and the Board anticipates that deposit matures, principal and interest section 204.10, ‘‘Payment of interest on term deposits would likely have would be returned to the master account balances.’’ maturities ranging between one and six of the participating institution (or its Section 204.10(e)(1) months. Maturities might be aligned correspondent). The return of the funds with the first day of each 14-day reserve representing the matured term deposit, Proposed section 204.10(e)(1) would maintenance periods. together with accrued interest, would authorize Reserve Banks to establish No Early Withdrawal. In order to post to the participating institution’s term deposits for eligible institutions ensure that term deposits will be an master account on the maturity date at under the provisions of 204.10(e), effective reserve management tool, early 8:30 a.m. subject to such terms and conditions as withdrawals of term deposits will not be Capital Treatment. Term deposits the Board may establish from time to permitted. would receive a zero risk-weight for time, including but not limited to Mergers. If an institution with risk-based capital purposes, similar to conditions regarding the maturity of the outstanding term deposits were to be other claims on the Federal Reserve. term deposits being offered, maximum merged into another institution, the and minimum amounts that may be III. Comments surviving institution would assume the maintained by an eligible institution in term deposits of the acquired The Board seeks comments on all a term deposit, the interest rate or rates institution. aspects of the proposal. In addition, the offered and, if term deposits are offered Discount Window Collateral. The Board specifically requests comment on through an auction mechanism, the size ability of a participating institution to the following: of the offering, and maximum and pledge its term deposits as collateral for 1. Is it necessary to place any minimum bid amounts. the discount window could provide a limitations on the maximum amount of Section 204.10(e)(2) means for an institution to address a term deposits that an institution may Proposed section 204.10(e)(2) would pressing need for immediate funds. The hold or on the maximum portion of a provide that term deposits will not Board contemplates that term deposits single offering that an institution may satisfy any institution’s required reserve would be available as collateral for any win at auction? balance or contractual clearing balance. discount window advances that the 2. What maturity or maturities would participating institution might eligible institutions recommend as Section 204.10(e)(3) 89 appropriate for term deposits, and request. Proposed section 204.10(e)(3) would should more than one maturity be Settlement and Posting Rules. provide that a term deposit may not be Settlement for auctions of term deposits offered? 3. Are there basic terms and structures used for general payments or other (the transfer of funds from participating activities. institutions’ master accounts or for term deposits other than those correspondents’ master accounts) would described in this notice that should be B. Proposed Amendments to Policy on occur on the announced settlement date. considered? Payment System Risk Principal plus interest would be IV. Section-By-Section Analysis The Board proposes to amend section returned to participating institutions’ II.A. of the PSR Policy under the master accounts (or correspondents’ A. Proposed Amendments to heading ‘‘Procedures for Measuring master accounts) on the stated maturity Regulation D Daylight Overdrafts’’ as follows date. Section 204.2(dd) (changes identified by italics): Reserve Banks measure depository institutions’ intraday account balances Proposed section 204.2(dd) would Procedures for Measuring Daylight according to a set of posting rules add a definition of ‘‘term deposit’’ to the Overdrafts outlined in the Board’s Policy on regulation. Opening Balance (Previous Day’s Section 204.10(b)(3) Closing Balance) 8 Term deposits would also serve as collateral for Proposed section 204.10(b)(3) would Post at 8:30 a.m. Eastern Time: daylight overdraft purposes. Collateral takes on + Term deposit maturities and additional importance upon implementation of the add a reference to ‘‘term deposits’’ to the revised PSR in late 2010 or early 2011. accrued interest 9 The Board anticipates that no haircut would be 10 http://www.federalreserve.gov/ Post After the Close of Fedwire Funds applied to term deposits used as collateral. paymentsystems/psr_policy.htm. Service:

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+/¥ All other transactions. These overlap, or conflict with the proposed from eligible institutions under the transactions include the following: local amendments to Regulation D. provisions of this paragraph (e) subject Federal Reserve Bank checks presented 4. Significant alternatives to the to such terms and conditions as the after 3 p.m. Eastern Time but before 3:00 proposed revisions. The Board Board may establish from time to time, p.m. local time; noncash collection; welcomes comment on any significant including but not limited to conditions currency and coin shipments; small- alternatives that would minimize the regarding the maturity of the term dollar credit adjustments; term deposit impact of the proposal on small entities. deposits being offered, maximum and settlements; and all debit adjustments. VIII. Paperwork Reduction Act minimum amounts that may be maintained by an eligible institution in V. Form of Comment Letters In accordance with the Paperwork a term deposit, the interest rate or rates Comment letters should refer to Reduction Act (PRA) of 1995 (44 U.S.C. offered and, if term deposits are offered Docket No. R–1381 and, when possible, 3506; 5 CFR 1320 Appendix A.1), the through an auction mechanism, the size should use a standard typeface with a Board reviewed the proposed rule under of the offering, maximum and minimum font size of 10 or 12; this will enable the the authority delegated to the Board by bid amounts, and other relevant terms. Board to convert text submitted in paper the Office of Management and Budget (2) A term deposit will not satisfy any form to machine-readable form through (OMB). The proposed rule contains no institution’s required reserve balance or electronic scanning, and will facilitate requirements subject to the PRA. contractual clearing balance. automated retrieval of comments for List of Subjects in 12 CFR Part 204 (3) A term deposit may not be used for review. Comments may be mailed general payments or other activities. electronically to Banks, banking, Reporting and recordkeeping requirements. By order of the Board of Governors of the [email protected]. Federal Reserve System, December 23, 2009. Authority and Issuance VI. Solicitation of Comments Regarding Jennifer J. Johnson, Use of ‘‘Plain Language’’ For the reasons set forth in the Secretary of the Board. Section 722 of the Gramm-Leach- preamble, the Board is proposing to [FR Doc. E9–31040 Filed 12–30–09; 8:45 am] amend 12 CFR part 204 as follows: Bliley Act of 1999 (12 U.S.C. 4809) BILLING CODE 6210–01–P requires the Board to use ‘‘plain PART 204—RESERVE language’’ in all proposed and final REQUIREMENTS OF DEPOSITORY rules published after January 1, 2000. INSTITUTIONS (REGULATION D) DEPARTMENT OF VETERANS The Board invites comments on whether AFFAIRS the interim final rule is clearly stated 1. The authority citation for part 204 and effectively organized, and how the continues to read as follows: 38 CFR Part 39 Board might make the text of the rule Authority: 12 U.S.C. 248(a), 248(c), 371a, RIN 2900–AM96 easier to understand. 461, 601, 611, and 6105. State Cemetery Grants VII. Regulatory Flexibility Act 2. Amend § 204.2 by adding paragraph (dd) to read as follows: In accordance with Section 3(a) of the AGENCY: Department of Veterans Affairs. Regulatory Flexibility Act, 5 U.S.C. 601 § 204.2 Definitions. ACTION: Proposed rule. et seq. (RFA), the Board has reviewed * * * * * the proposed amendments to Regulation (dd) Term deposit means those funds SUMMARY: The Department of Veterans D. A final regulatory flexibility analysis of an eligible institution that are Affairs (VA) is proposing to amend its will be conducted after consideration of maintained by that institution for a regulations governing grants to States comments received during the public specified maturity at a Federal Reserve for the establishment, expansion, and comment period. Bank pursuant to § 204.10(e) of this part. improvement of State veterans 1. Statement of the objectives of the 3. Section 204.10 is amended by cemeteries (Establishment, Expansion, proposal. The Board is proposing to revising paragraph (b)(3) and by adding and Improvement Projects). We propose amend Regulation D to authorize a new paragraph (e) to read as follows: to implement through regulation new Reserve Banks to offer deposits of statutory authority to provide grants for specified maturities to eligible § 204.10 Payment of interest on balances. the operation and maintenance of State institutions. Term deposits are intended * * * * * veterans cemeteries (Operation and to facilitate the conduct of monetary (b) * * * Maintenance Projects), as authorized by policy by providing a tool that could be (3) For required reserve balances, the Dr. James Allen Veteran Vision used to drain excess reserves, if excess balances, and term deposits, at Equity Act of 2007 (the Act), enacted on necessary, to adjust the stance of any other rate or rates as determined by December 26, 2007. The Act expands monetary policy. the Board from time to time, not to VA authority to provide grants to States 2. Small entities affected by the exceed the general level of short-term for operating and maintaining State proposal. The number of small entities interest rates. For purposes of this veterans cemeteries and limits to $5 affected by this proposal is unknown. subsection, ‘‘short-term interest rates’’ million the aggregate amount of such The proposal would only affect those means the primary credit rate and rates grants VA may award in any fiscal year. entities, regardless of size, that choose on obligations with maturities of up to The Act requires that VA prescribe to hold term deposits at Reserve Banks. one year in which eligible institutions regulations implementing the new The impact on institutions choosing to may invest, such as rates on term authority within 180 days of enactment. hold term deposits at Reserve Banks Federal funds, term repurchase VA proposes to amend its regulations to would be positive and not adverse, agreements, commercial paper, term outline the process, the criteria, and the because term deposits would expand Eurodollar deposits, and other similar priorities relating to the award of these the range of investment opportunities rates. Operation and Maintenance Project available to eligible institutions. * * * * * grants. The proposed rule would also 3. Other Federal rules. The Board (e) Term deposits. (1) A Federal revise part 39 by changing the believes that no Federal rules duplicate, Reserve Bank may accept term deposits arrangement and numbering of the

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current regulatory sections, updating the determined by VA. Under the State The application process then becomes a references to various codes, Cemetery Grant Program (SCGP), the certification of actual adherence to the incorporating some non-substantive Federal government will provide up to requirements of the grant. changes to the regulations, and 100 percent of the cost of development The proposed rule would amend the removing specific forms from this part associated with the establishment, existing grant prioritization process. The that are available at http:// expansion, and improvement of a State proposed rule would retain the same www.cem.va.gov/cem/scg_grants.asp. veterans cemetery, as well as the cost of priority categories as those in current DATES: Comments must be received by initial operating equipment. part 39, but would amend one of the VA on or before March 1, 2010. Section 202(b) of the Dr. James Allen categories to address Operation and ADDRESSES: Written comments may be Veteran Vision Equity Act of 2007 (Pub. Maintenance Projects. submitted through http:// L. 110–157) authorizes VA under the Once an Establishment, Expansion, www.Regulations.gov; by mail or hand- SCGP to provide additional Federal and Improvement Project is approved delivery to: Director, Regulations assistance to States for the operation for funding, VA may award a grant up Management (02REG), Department of and maintenance of State veterans to 100 percent of the amount requested, Veterans Affairs, 810 Vermont Avenue, cemeteries. Prior to passage of this law, provided that sufficient funds are NW., Room 1068, Washington, DC VA could only provide Federal funds available. Currently, the entire SCGP 20420; or by fax to (202) 273–9026. for the establishment, expansion, and annual budget is allocated to grants for Comments should indicate that they are improvement of State veterans Establishment, Expansion, and submitted in response to ‘‘RIN 2900– cemeteries. VA could not fund the Improvement Projects. Any funds AM96—State Cemetery Grants.’’ Copies operation or maintenance of State remaining at the end of a fiscal year are of comments received will be available veterans cemeteries. The new authority carried into the next year and allocated for public inspection in the Office of granted by the Act authorizes VA to to grants for Establishment, Expansion, Regulation Policy and Management, fund Operation and Maintenance and Improvement Projects the following Room 1063B, between the hours of 8 Projects at State veterans cemeteries to year. With passage of the Act, the SCGS a.m. and 4:30 p.m., Monday through assist States in achieving the same high can now fund two types of grants: (1) Friday (except holidays). Please call standards of appearance for State Establishment, Expansion, and (202) 461–4923 for an appointment (this veterans cemeteries as VA achieves for Improvement Project grants and (2) is not a toll-free number). In addition, national cemeteries. Specifically, the Operation and Maintenance Project during the comment period, comments new operation and maintenance grants grants. may be viewed online through the will be targeted to help States meet VA’s There are currently four Priority Federal Docket Management System national shrine standards with respect Groups. These are: (FDMS) at http://www.Regulations.gov. to cleanliness, height and alignment of Priority 1—Projects for gravesite See the material headed ‘‘Paperwork headstones and markers, leveling of expansion or improvements that are Reduction Act’’ under SUPPLEMENTARY gravesites, and turf conditions. The Act needed to continue service at an INFORMATION regarding submission of authorizes VA to award up to a total of existing veterans cemetery. This comments on collections of information $5 million for such purposes each fiscal includes phased development of proposed in this proposed rule. year to ensure State veterans cemeteries currently undeveloped land. meet the highest standards of Priority 2—Projects for the FOR FURTHER INFORMATION CONTACT: appearance and serve as national establishment of new cemeteries. Frank Salvas, Director of State Cemetery shrines to honor the Nation’s military Priority 3—Planned phased gravesite Grants Service, National Cemetery service members with a final resting developments prior to need. Administration, Department of Veterans place. Priority 4—Other improvements to Affairs, 810 Vermont Avenue, NW., The proposed rule would revise 38 cemetery infrastructure, such as Washington, DC 20420. Telephone: CFR part 39 and express in regulation building expansion and upgrades to (202) 461–8947 (this is not a toll-free the statutory authority of VA to grant roads and irrigation systems, that are number). awards for Operation and Maintenance not directly related to the development SUPPLEMENTARY INFORMATION: The goal Projects up to a total of $5 million per of new gravesites. We propose to of the National Cemetery year. The proposed rule would not expand Priority 4 to include Operation Administration (NCA) is to ensure that change any of the grant procedures or and Maintenance Projects that assist a the burial needs of veterans and eligible requirements for Establishment, State to achieve the national shrine family members are met by providing a Expansion, and Improvement Projects. It standards of appearance at an existing burial opportunity in national and State would establish a new grant State veterans cemetery. veterans cemeteries. State veterans preapplication and application process Within Priority Groups 1, 2, and 3, cemeteries complement VA national and requirements for Operation and individual projects are ranked based on cemeteries and are critical to meeting Maintenance Projects only. Many the greatest number of veterans who VA’s goal of providing burial access to requirements of the grant application benefit from the project as determined 90 percent of veterans and their process for Establishment, Expansion, by VA. This prioritization system, based families. Research indicates that and Improvement Projects would be on veteran population data, assists VA veterans and their families use veterans incorporated into the grant-application in maintaining and improving access for cemeteries when the cemeteries are process for Operation and Maintenance burial to more veterans and their located within a reasonable distance Projects and would apply to both types eligible family members in a veterans from their residence. The State of grants. The preapplication process cemetery, and achieves the goal of Cemetery Grants Service (SCGS) serves as a means for validating the providing the greatest number of encourages States to provide burial need for the project and opening lines veterans with a burial option at either a service to our Nation’s veterans by of communication between NCA and Federal or State veterans cemetery operating veterans cemeteries in a potential participating States for SCGP located within a reasonable distance manner consistent with national grants. In the preapplication process, from their residence. cemeteries in areas where the most States certify that they will be able to Priority Group 4 grants are and will number of veterans would benefit as adhere to the requirements of the grant. continue to be awarded only when there

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are funds available and when there are they are defined in the Regulatory with Provisions of the Davis-Bacon Act) no remaining Priority Group 1, 2, or 3 Flexibility Act, 5 U.S.C. 601–612. This to certify that the applicant has obtained grant applications for which a grant may proposed rule will directly affect only the latest prevailing wage rates for be awarded with available funds. State government entities and will not Federally funded projects. Regardless of the amount of funds directly affect small entities. Therefore, Description of the need for available, no more than a total of $5 pursuant to 5 U.S.C. 605(b), this information and proposed use of million will be awarded for Operation proposed amendment is exempt from information: This collection is necessary and Maintenance Project grants in any the initial and final regulatory flexibility to ensure that the applicant complies year in accordance with the statutory analysis requirements of sections 603 with provisions of the Davis-Bacon Act requirements of the Act. and 604. and requirements in 38 CFR part 39. This proposed rule would change the Unfunded Mandates Any construction project fully or arrangement and numbering of the partially funded with Federal dollars current sections in part 39 and update The Unfunded Mandates Reform Act must comply with the latest prevailing the references to various codes. It would of 1995 requires, at 2 U.S.C. 1532, that wage rates for specific work by trade also incorporate some non-substantive agencies prepare an assessment of employees (e.g., electricians, changes to the current regulations and anticipated costs and benefits before carpenters). remove specific forms from current issuing any rule that may result in an Description of likely respondents: § 39.26 because all forms cited in this expenditure by State, local, or Tribal States and Tribal Governments applying part are available at http:// governments, in the aggregate, or by the for a grant under this Part. www.cem.va.gov/cem/scg_grants.asp. private sector, of $100 million or more Estimated number of respondents per This will enable applicants to download (adjusted annually for inflation) in any year: 12. forms as needed. year. This proposed rule would have no Estimated frequency of responses per such effect on State, local, and Tribal Executive Order 12866 year: 1. governments, or on the private sector. Estimated total annual reporting and Executive Order 12866 directs Paperwork Reduction Act recordkeeping burden: 3 hours. agencies to assess all costs and benefits Estimated annual burden per This proposed rule contains several of available regulatory alternatives and, collection: 15 minutes. when regulation is necessary, to select provisions that constitute collections of regulatory approaches that maximize information under the Paperwork Title: Submission of VA Form 40– net benefits (including potential Reduction Act (44 U.S.C. 3501–3521). 0895–3. economic, environmental, public health Some of the information collections Summary of collection of information: and safety, and other advantages; have already been approved by OMB, as Proposed § 39.31 would require an distributive impacts; and equity). The required by the Paperwork Reduction applicant to submit VA Form 40–0895– Executive Order classifies a ‘‘significant Act. Those provisions display the OMB 3 (State or Tribal Government Cemetery regulatory action,’’ requiring review by control numbers that evidence OMB Grants Service Space Program the Office of Management and Budget approval (i.e., 0348–0002, 4040–0004, Analysis—Buildings) to provide (OMB), as any regulatory action that is 4040–0008, 4040–0009, and 2900– information on the proposed size of likely to result in a rule that may: (1) 0559). Other information collections in cemetery buildings. Have an annual effect on the economy the proposed rule still require OMB Description of the need for of $100 million or more or adversely approval. These provisions are in information and proposed use of affect in a material way the economy, a §§ 39.31, 39.32, 39.34, 39.81, 39.82, information: This collection is necessary sector of the economy, productivity, 39.84, 39.120, and 39.122. In accordance to ensure that the proposed size of competition, jobs, the environment, with 44 U.S.C. 3507(d), VA has cemetery buildings are within the size public health or safety, or State, local, forwarded a copy of this proposed rule allowed by VA and that the applicant or Tribal governments or communities; to OMB for its review of the collections complies with requirements in this Part. (2) create a serious inconsistency or of information. Description of likely respondents: interfere with an action taken or Comments on the proposed States and Tribal Governments applying planned by another agency; (3) collections of information contained in for a grant under this Part. materially alter the budgetary impact of this proposed rule should be submitted Estimated number of respondents per entitlements, grants, user fees, or loan to the Office of Management and year: 12. programs or the rights and obligations of Budget, Attention: Desk Officer for the Estimated frequency of responses per recipients thereof; or (4) raise novel Department of Veterans Affairs, Office year: 1. Estimated total annual reporting and legal or policy issues arising out of legal of Information and Regulatory Affairs, recordkeeping burden: 36 hours. mandates, the President’s priorities, or Washington, DC 20503; with copies Estimated annual burden per the principles set forth in the Executive mailed or hand delivered to: Director, collection: 3 hours. Order. Regulations Management (02REG), The economic, interagency, Department of Veterans Affairs, 810 Title: Submission of VA Form 40– budgetary, legal, and policy Vermont Ave., NW., Room 1068, 0895–6. implications of this proposed rule have Washington, DC 20420; faxed to (202) Summary of collection of information: been examined, and it has been 273–9026; or e-mailed to ‘‘http:// Proposed §§ 39.31 and 39.81 would determined not to be a significant www.Regulations.gov.’’ Comments require an applicant to submit VA Form regulatory action under the Executive should indicate that they are submitted 40–0895–6 (Certification of State or Order. in response to ‘‘RIN 2900–AM96.’’ Tribal Government Matching Title: Submission of VA Form 40– Architectural and Engineering Funds to Regulatory Flexibility Act 0895–2. Qualify for Group 1 on the Priority List) The Secretary hereby certifies that Summary of collection of information: to provide documentation that the State this proposed rule will not have a Proposed §§ 39.31 and 39.81 would has legislative authority to support the significant economic impact on a require an applicant to submit VA Form project and the resources necessary to substantial number of small entities as 40–0895–2 (Certification of Compliance initially fund the architectural and

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engineering portion of the project Description of likely respondents: Summary of collection of information: development. States and Tribal Governments applying Proposed §§ 39.34 and 39.84 would Description of the need for for a grant under this Part. require an applicant to submit VA Form information and proposed use of Estimated number of respondents per 40–0895–11 (Memorandum of information: This collection is necessary year: 12. Agreement for a Grant to Construct or to ensure that the applicant has Estimated frequency of responses per Modify a State or Tribal Government adequate resources for the proposed year: 1. Veterans Cemetery) to identify the project and complies with requirements Estimated total annual reporting and parties (VA and applicant), identify the in this Part. recordkeeping burden: 3 hours. scope of the project, and indicate how Description of likely respondents: Estimated annual burden per the grant award funds will be paid to States and Tribal Governments applying collection: 15 minutes. the applicant. for a grant under this Part. Title: Submission of VA Form 40– Description of the need for Estimated number of respondents per 0895–9. information and proposed use of year: 12. Summary of collection of information: information: This collection is necessary Estimated frequency of responses per Proposed §§ 39.31 and 39.81 would to establish an agreement between VA year: 1. require an applicant to submit VA Form and the applicant regarding a grant and Estimated total annual reporting and 40–0895–9 (Certification Regarding to ensure that the applicant complies recordkeeping burden: 6 hours. Lobbying) to certify that the applicant with requirements in this Part. Estimated annual burden per has not made any payments to anyone Description of likely respondents: collection: 30 minutes. that influences or attempts to influence States and Tribal Governments applying Title: Submission of VA Form 40– an officer or Member of Congress in for a grant under this Part. 0895–7. connection with the award of a grant. Estimated number of respondents per Summary of collection of information: Description of the need for year: 12. Proposed §§ 39.31 and 39.81 would information and proposed use of Estimated frequency of responses per require an applicant to submit VA Form information: This collection is necessary year: 1. 40–0895–7 (Certification Regarding to ensure that the applicant complies Estimated total annual reporting and Debarment, Suspension, and Other with sec. 319 of Public Law 101–121 recordkeeping burden: 24 hours. Responsibility Matters—Primary and requirements in this Part. Estimated annual burden per Covered Transactions (State or Tribal Description of likely respondents: collection: 2 hours. Government)) to certify that the States and Tribal Governments applying Title: Submission of VA Form 40– applicant has not been debarred or for a grant under this Part. 0895–12. suspended, and is eligible to participate Estimated number of respondents per Summary of collection of information: in the VA grant process and receive year: 12. Proposed §§ 39.34 and 39.84 would Federal funds. Estimated frequency of responses per require applicants to submit VA Form Description of the need for year: 1. 40–0895–12 (Certification Regarding information and proposed use of Estimated total annual reporting and Debarment, Suspension, Ineligibility information: This collection is necessary recordkeeping burden: 3 hours. and Voluntary Exclusion—Lower Tier to ensure that the applicant is eligible Estimated annual burden per Covered Transactions (Contractor)) to for Federal funds and complies with the collection: 15 minutes. certify that the contractor has not been requirements of 2 CFR Parts 180 and debarred or suspended, and is eligible to 801. Title: Submission of VA Form 40– Description of likely respondents: 0895–10. participate in the VA grant process and States and Tribal Governments applying Summary of collection of information: receive Federal funds. for a grant under this Part. Proposed §§ 39.31 and 39.81 would Description of the need for Estimated number of respondents per require an applicant to submit VA Form information and proposed use of year: 12. 40–0895–10 (Certification of information: This collection is necessary Estimated frequency of responses per Compliance with Federal to ensure that the contractor has not year: 1. Requirements—State or Tribal been debarred or suspended, and is Estimated total annual reporting and Government Construction Grant) to eligible to participate in the VA grant recordkeeping burden: 3 hours. certify compliance with all process and complies with the Estimated annual burden per requirements of Part 39. requirements of 2 CFR Parts 180 and collection: 15 minutes. Description of the need for 801. Title: Submission of VA Form 40– information and proposed use of Description of likely respondents: 0895–8. information: This collection is necessary Contractors of States and Tribal Summary of collection of information: to ensure that the applicant complies Governments applying for a grant under Proposed §§ 39.31 and 39.81 would with the requirements in this Part. this Part. require an applicant to submit VA Form Description of likely respondents: Estimated number of respondents per 40–0895–8 (Certification Regarding States and Tribal Governments applying year: 12. Drug-Free Workplace Requirements for for a grant under this Part. Estimated frequency of responses per Grantees Other Than Individuals) to Estimated number of respondents per year: 1. certify compliance with the Drug-Free year: 12. Estimated total annual reporting and Workplace Act of 1988 at the location Estimated frequency of responses per recordkeeping burden: 3 hours. where the construction will occur. year: 1. Estimated annual burden per Description of the need for Estimated total annual reporting and collection: 15 minutes. information and proposed use of recordkeeping burden: 3 hours. Title: Submission of VA Form 40– information: This collection is necessary Estimated annual burden per 0895–13. to ensure that the applicant complies collection: 15 minutes. Summary of collection of information: with the requirements of the Drug-Free Title: Submission of VA Form 40– Proposed § 39.122 would require Workplace Act of 1988. 0895–11. grantees to submit VA Form 40–0895–

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13 (Certification Regarding Documents development. When the required plans are to respond, including responses and Information Required for State or and specifications are approved, the through the use of appropriate Tribal Government Cemetery project will be prepared for the automated, electronic, mechanical, or Construction Grants—Post Grant solicitation and will ensure that VA other technological collection Requirements) to certify that the grantee received the best possible facility at the techniques or other forms of information is aware of all grant responsibilities and best cost. technology, e.g., permitting electronic to properly and timely close out the Description of likely respondents: submission of responses. grant. States and Tribal Governments applying OMB is required to make a decision Description of the need for for a grant under this Part. concerning the collections of information and proposed use of Estimated number of respondents per information in this proposed rule information: This collection is necessary year: 12. between 30 and 60 days after to ensure that the applicant complies Estimated frequency of responses per publication of this document in the with requirements in this Part. year: 1. Federal Register. Therefore, a comment Estimated total annual reporting and Description of likely respondents: to OMB is best ensured of having its full recordkeeping burden: 7680 hours. States and Tribal Governments awarded effect if OMB receives it within 30 days a grant under this Part. Estimated annual burden per collection: 640 hours per grant. of publication. This does not affect the Estimated number of respondents per deadline for the public to comment on year: 12. Title: Submission of a written report the proposed rule. Estimated frequency of responses per documenting grant accomplishments. year: 1. Summary of collection of information: Catalog of Federal Domestic Assistance Estimated total annual reporting and Proposed § 39.120 would require a Number and Title recordkeeping burden: 24 hours. grantee to submit a written report The Catalog of Federal Domestic Estimated annual burden per documenting how the grant Assistance program number and title for collection: 2 hours. accomplished the desired improvements that will assist the State or Tribal this proposed rule is 64.203, State Title: Submission of VA Form 40– Cemetery Grants. 0895–15. Government in meeting VA’s national Summary of collection of information: shrine standards at its veterans List of Subjects in 38 CFR Part 39 Proposed §§ 39.31 and 39.81 would cemetery. The report would include Cemeteries, Grants programs— require an applicant to submit VA Form statistical data and detailed pictures of veterans, Veterans. 40–0895–15 (Certification of Cemetery the work accomplished. Maintained in Accordance with Description of the need for Approved: December 22, 2009. National Cemetery Administration information and proposed use of John R. Gingrich, Standards) to certify compliance with information: This collection is necessary Chief of Staff, Department of Veterans Affairs. VA’s national shrine standards to ensure that the grantee provides a following receipt of a grant. timely response to VA regarding its For the reasons set out in the Description of the need for compliance with the program narrative preamble, VA proposes to revise 38 CFR information and proposed use of submitted to VA as part of the part 39 to read as follows: preapplication process under information: This collection is necessary PART 39—AID TO STATES FOR to ensure that the applicant complies § 39.81(b)(10). Description of likely respondents: ESTABLISHMENT, EXPANSION, AND with requirements in this Part. IMPROVEMENT, OR OPERATION AND Description of likely respondents: State or Tribal governments that received an Operation and Maintenance MAINTENANCE, OF VETERANS States and Tribal Governments applying CEMETERIES for a grant under this Part. Grant. Estimated number of respondents per Estimated number of respondents per Subpart A—General Provisions year: 12. year: 12. Estimated frequency of responses per Sec. Estimated frequency of responses per year: 1. 39.1 Purpose. year: 1. Estimated total annual reporting and 39.2 Definitions. Estimated total annual reporting and 39.3 Priority list. recordkeeping burden: 48 hours. recordkeeping burden: 3 hours. 39.4 Decision makers, notifications, and Estimated annual burden per additional information. Estimated annual burden per collection: 4 hours. collection: 15 minutes. 39.5 Submission of information and VA considers comments by the public documents to VA. Title: Submission of project’s plans on proposed collections of information 39.6 Amendments to grant application. and specifications. in: 39.7 Line item adjustment to grants. Summary of collection of information: • Evaluating whether the proposed 39.8 Withdrawal of grant application. Proposed §§ 39.32 and 39.82 would collections of information are necessary 39.9 Hearings. require an applicant to submit some or for the proper performance of the 39.10 Cemetery requirements and all of the following items: a boundary functions of VA, including whether the prohibitions and recapture provisions. and site survey, a soil investigation information will have practical utility; 39.11 State to retain control of operations. report, a topographical survey, a master • Evaluating the accuracy of VA’s Subpart B—Establishment, Expansion, and plan, preliminary or design estimate of the burden of the proposed Improvement Projects development drawings, final collections of information, including the Grant Requirements and Procedures construction drawings and validity of the methodology and 39.30 General requirements for a grant. specifications, and cost estimates. assumptions used; • 39.31 Preapplication requirements. Description of the need for Enhancing the quality, usefulness, 39.32 Plan preparation. information and proposed use of and clarity of the information to be 39.33 Conferences. information: The planning requirements collected; and 39.34 Application requirements. as stated in §§ 39.32 and 39.82 are the • Minimizing the burden of the 39.35 Final review and approval of basis for appropriate project collections of information on those who application.

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Award of Grant directly related to the development of gravesites. Operation and Maintenance 39.50 Amount of grant. new gravesites; nonrecurring Projects that address VA’s national 39.51 Payment of grant award. maintenance; and the addition of other shrine standards of appearance are Standards and Requirements features appropriate to cemeteries. included in this group. (d) Establishment, Expansion, and (b) Within Priority Groups 1, 2, and 3, 39.60 General requirements for site Improvement Project means an highest priority will be given to projects selection and construction of veterans cemeteries. undertaking to establish, expand, or in geographical locations with the 39.61 Site planning standards. improve a site for use as a State-owned greatest number of veterans who will 39.62 Space criteria for support facilities. veterans cemetery. benefit from the project as determined 39.63 Architectural design standards. (e) Operation and Maintenance by VA. This prioritization system, based Project means a project that assists a on veteran population data, will assist Subpart C—Operation and Maintenance Projects State to achieve VA’s national shrine VA in maintaining and improving standards of appearance in the key access to burial in a veterans cemetery Grant Requirements and Procedures cemetery operational areas of to more veterans and their eligible 39.80 General requirements for a grant. cleanliness, height and alignment of family members. Within Priority Group 39.81 Preapplication requirements. headstones and markers, leveling of 1, at the discretion of VA, higher 39.82 Plan preparation. gravesites, and turf conditions. priority may be given to a project that 39.83 Conferences. (f) Secretary means the Secretary of must be funded that fiscal year to avoid 39.84 Application requirements. the United States Department of disruption in burial service. 39.85 Final review and approval of Veterans Affairs. (c) Grants for projects within Priority application. (g) State means each of the States, Group 4 will be awarded in any fiscal Award of Grant Territories, and possessions of the year only after grants for all project 39.100 Amount of grant. United States, the District of Columbia, applications under Priority Groups 1, 2, 39.101 Payment of grant award. and the Commonwealth of Puerto Rico. and 3 that are ready for funding have (h) State Cemetery Grants Service Subpart D—Grant Recipient been awarded. Within Priority Group 4, Responsibilities, Inspections, and Reports (SCGS) means the State Cemetery Grants projects will be ranked in priority order Following Project Completion Service within VA’s National Cemetery based upon VA’s determination of the Administration (NCA). relative importance of proposed 39.120 Documentation of grant (i) VA means the United States accomplishments. improvements and the degree to which 39.121 State responsibilities following Department of Veterans Affairs or the proposed Operation and Maintenance project completion. State Cemetery Grants Service. Projects achieve VA’s national shrine 39.122 Inspections, audits, and reports. (j) Veteran means a person who standards of appearance. No more than served in the active military, naval, or Authority: 38 U.S.C. 101, 501, 2408, 2411. $5 million in any fiscal year will be air service and who died in line of duty awarded for Operation and Maintenance Subpart A—General Provisions while in service or was discharged or Projects under Priority Group 4. released under conditions other than (d) By August 15 of each year, VA will § 39.1 Purpose. dishonorable. make a list prioritizing all This part sets forth the mechanism for Authority: 38 U.S.C. 101, 501, 2408. preapplications that were received on or a State to obtain a grant to establish, before July 1 of that year and that were § 39.3 Priority list. expand, or improve a veterans cemetery approved under § 39.31 or § 39.81, that is or will be owned by the State or (a) The priority groups, with Priority ranking them in their order of priority to obtain a grant to operate or maintain Group 1 having the highest priority and within the applicable Priority Group for a State veterans cemetery to meet VA’s Priority Group 4 the lowest priority, are: funding during the fiscal year that national shrine standards of appearance. (1) Priority Group 1—Projects needed begins the following October 1. Authority: 38 U.S.C. 501, 2408. to avoid disruption in burial service that Preapplications from previous years will would otherwise occur at existing be re-prioritized each year and do not § 39.2 Definitions. veterans cemeteries within 4 years of need to be resubmitted. the date of the preapplication. Such For the purpose of this part: Authority: 38 U.S.C. 501, 2408. (a) Establishment means the process projects would include expansion of site selection, land acquisition, projects as well as improvement projects § 39.4 Decision makers, notifications, and design and planning, earth moving, (such as construction of additional or additional information. landscaping, construction, and replacement facilities) when such Decisions required under this part provision of initial operating equipment improvements are required to continue will be made by the VA Director, State necessary to convert a tract of land to an interment operations. Cemetery Grants Service (SCGS), operational veterans cemetery. (2) Priority Group 2—Projects for the National Cemetery Administration, (b) Expansion means an increase in establishment of new veterans unless otherwise specified in this part. the burial capacity or acreage of an cemeteries. The VA decision maker will provide to existing cemetery through the addition (3) Priority Group 3—Expansion affected States written notice of of gravesites and other facilities, such as projects at existing veterans cemeteries approvals, denials, or requests for committal service shelters, crypts when a disruption in burial service due additional information under this part. (preplaced grave liners), and to the exhaustion of existing gravesites Authority: 38 U.S.C. 501, 2408. columbaria, necessary for the is not expected to occur within 4 years functioning of a cemetery. of the date of the preapplication. § 39.5 Submission of information and (c) Improvement means the (4) Priority Group 4—Improvement documents to VA. enhancement of a cemetery through projects for cemetery landscaping or All information and documents landscaping, construction, or renovation infrastructure, such as building required to be submitted to VA must be of cemetery infrastructure, such as expansion and upgrades to roads and submitted to the Director of the State building expansion and upgrades to irrigation systems, that are not directly Cemetery Grants Service, National roads and irrigation systems, that is not related to the development of new Cemetery Administration, Department

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of Veterans Affairs, 810 Vermont § 39.10 Cemetery requirements and § 39.11 State to retain control of Avenue, NW., Washington, DC 20420. prohibitions and recapture provisions. operations. All forms cited in this part are available (a) In order to qualify for a grant, a Neither the Secretary nor any at http://www.cem.va.gov/cem/ employee of VA shall exercise any _ State veterans cemetery must be scg grants.asp. operated solely for the interment of supervision or control over the Authority: 38 U.S.C. 501, 2408. veterans, their spouses, surviving administration, personnel, maintenance, spouses, minor children, and unmarried or operation of any State veterans § 39.6 Amendments to grant application. cemetery that receives a grant under this adult children who were physically or program except as prescribed in this A State seeking to amend a grant mentally disabled and incapable of self- part. application must submit revised support. Standard Forms 424 (Application for Authority: 38 U.S.C. 501, 2408. Federal Assistance) and 424C (Budget (b) Any grant under this part made on Information) with a narrative or after November 21, 1997, is made on Subpart B—Establishment, Expansion, description of, and justification for, the the condition that, after the date of and Improvement Projects amendment. Any amendment of an receipt of the grant, the State receiving application that changes the scope of the grant, subject to requirements for Grant Requirements and Procedures receipt of notice in 38 U.S.C. 2408 and the application or increases the amount § 39.30 General requirements for a grant. of the grant requested, whether or not 2411, will prohibit in the cemetery for (a) For a State to obtain a grant for the the application has already been which the grant is awarded the establishment, expansion, or approved, shall be subject to approval interment of the remains or the improvement of a State veterans by VA in the same manner as an original memorialization of any person: cemetery: application. (1) Who has been convicted of a (1) Its preapplication for the grant Authority: 38 U.S.C. 501, 2408. Federal capital crime, as defined in 38 must be approved by VA under (The Office of Management and Budget has CFR 38.600(b), and whose conviction is § 39.31(e); approved the information collection final, other than a person whose (2) Its project must be ranked requirements in this section under control sentence was commuted by the sufficiently high on the priority list in numbers 4040–0004 and 4040–0008.) President; § 39.3 for the applicable fiscal year so § 39.7 Line item adjustment to grants. (2) Who has been convicted of a State that funds are available for the project; After a grant has been awarded, upon capital crime, as defined in 38 CFR (3) Its plans and specifications for the request from the State representative, 38.600(b), and whose conviction is final, project must be approved by VA under VA may approve a change in one or other than a person whose sentence was § 39.32; more line items (line items are commuted by the Governor of a State. (4) The State must meet the application requirements in § 39.34; and identified in Standard Form 424C) of up (3) Who has been found by an to 10 percent (increase or decrease) of (5) Other requirements specified in appropriate State official, as defined in §§ 39.6, 39.10, and 39.33 must be the cost of each line item if the change 38 CFR 38.600(b), under procedures to would be within the scope or objective satisfied. be established by the State, to have (b) VA may approve under § 39.35 any of the project and the aggregate committed a Federal or State capital application under this subpart up to the adjustments would not increase the total crime, as defined in 38 CFR 38.600(b), amount of the grant requested once the amount of the grant. but to have not been convicted of such requirements under paragraph (a) of this Authority: 38 U.S.C. 501, 2408. crime by reason of unavailability for section have been satisfied, provided § 39.8 Withdrawal of grant application. trial due to death or flight to avoid that sufficient funds are available. In A State representative may withdraw prosecution. determining whether sufficient funds an application by submitting to VA a (c) If a State which has received a are available, VA shall consider the written document requesting grant under this part ceases to own the project’s priority ranking, the total withdrawal. cemetery for which the grant was made, amount of funds available for cemetery Authority: 38 U.S.C. 501, 2408. ceases to operate such cemetery as a grant awards during the applicable veterans cemetery in accordance with fiscal year, and the prospects of higher § 39.9 Hearings. paragraph (a) of this section, violates the ranking projects being ready for the (a) No application for a grant under prohibition in paragraph (b) of this award of a grant before the end of the this part shall be disapproved until the section, or uses any part of the funds applicable fiscal year. applicant has been afforded an provided through such grant for a Authority: 38 U.S.C. 501, 2408. opportunity for a hearing. purpose other than that for which the (b) Whenever a hearing is requested grant was made, the United States shall § 39.31 Preapplication requirements. under this section, notice of the hearing, be entitled to recover from the State the (a) A State seeking a grant of more procedure for the conduct of such total of all grants made to the State than $100,000 for the establishment, hearing, and procedures relating to under this part in connection with such expansion, or improvement of a State decisions and notices shall accord with cemetery. veterans cemetery must submit a the provisions of §§ 18.9 and 18.10 of (d) If, within 3 years after VA has preapplication to the Director, State this chapter. Failure of an applicant to certified to the Department of the Cemetery Grants Service, through http:// request a hearing under this section or _ Treasury an approved grant application, www.cem.va.gov/cem/scg grants.asp. to appear at a hearing for which a date not all funds from the grant have been (b) No detailed drawings, plans, or has been set shall be deemed to be a used by the State for the purpose for specifications are required with the waiver of the right to be heard and which the grant was made, the United preapplication. As a part of the constitutes consent to the making of a States shall be entitled to recover any preapplication, the State must submit decision on the basis of such unused grant funds from the State. each of the following: information as is available. (1) Standard Form 424 (Application Authority: 38 U.S.C. 501, 2408. Authority: 38 U.S.C. 501, 2408, 2411. for Federal Assistance) and Standard

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Form 424C (Budget Information) signed in the VA grant process and receive properties), and the Archaeological and by the authorized representative of the Federal funds. Historic Preservation Act of 1974 (16 State. These forms document the (10) VA Form 40–0895–8 U.S.C. 469a–1 et seq.). amount of the grant requested, which (Certification Regarding Drug-Free (5) The State will obtain approval by may not exceed 100 percent of the Workplace Requirements for Grantees VA of the final construction drawings estimated cost of the project to be Other Than Individuals) to ensure that and specifications before the project is funded with the grant. the applicant complies with the Drug- advertised or placed on the market for (2) A program narrative describing the Free Workplace Act of 1988 at the bidding; it will construct the project, or objectives of the project, the need for a location where the construction will cause the project to be constructed, to grant, the method of accomplishment, occur. completion in accordance with the the projected interment rate, and the (11) VA Form 40–0895–9 application and approved plans and results or benefits expected to be (Certification Regarding Lobbying) to specifications; it will submit to the obtained from the assistance requested. ensure that the applicant complies with Director of the State Cemetery Grants (3) If a site has been selected, a Public Law 101–121 regarding the Service, for prior approval, changes that description of the geographic location of prohibition against any payments to alter any cost of the project, use of the project (i.e., a map showing the anyone that influences or attempts to space, or functional layout; and it will location of the project and all influence an officer or Member of not enter into a construction contract for appropriate geographic boundaries, and Congress in connection with the award the project or undertake other activities any other supporting documentation, as of a grant. until the requirements of the grant needed). (12) VA Form 40–0895–10 program have been met. (4) A design concept describing the (Certification of Compliance with (6) The State will comply with the major features of the project including Federal Requirements—State or Tribal Federal requirements in 2 CFR parts 180 the number and types of gravesites, such Government Construction Grant) to and 801 and 38 CFR part 43 and submit as columbarium niches. ensure that the applicant complies with Standard Form 424D (Assurances— (5) Any comments or all requirements of Part 39. Construction Programs). (13) VA Form 40–0895–15 recommendations made by the State’s (7) The State will prepare an (Certification of Cemetery Maintained in ‘‘Single Point of Contact’’ reviewing Environmental Assessment to determine Accordance with National Cemetery agency. whether an Environmental Impact Administration Standards) to ensure (6) VA Form 40–0895–2 (Certification Statement is necessary, and certify that that any cemetery established, of Compliance with Provisions of the funds are available to finance any costs expanded, or improved through a grant Davis-Bacon Act) to certify that the State related to preparation of the will be operated and maintained in has obtained the latest prevailing wage Environmental Assessment. accordance with the operational rates for Federally funded projects. Any (d) The State must submit a copy of standards of NCA. construction project fully or partially the legislation, as enacted into law, (c) In addition, the State must submit authorizing the establishment, funded with Federal dollars must written assurance of each of the comply with those rates for specific maintenance, and operation of the following conditions: facility as a veterans cemetery in work by trade employees (e.g., (1) Any cemetery established, electricians, carpenters). accordance with 38 CFR 39.10(a). expanded, or improved through a grant (e) Upon receipt of a complete (7) VA Form 40–0895–3 (State or will be used exclusively for the preapplication for a grant, including all Tribal Government Cemetery Grants interment or memorialization of eligible necessary assurances and all required Service Space Program Analysis— persons, as set forth in § 39.10(a), whose supporting documentation, VA will Buildings) to provide information on the interment or memorialization is not determine whether the preapplication proposed size of cemetery buildings, contrary to the conditions of the grant conforms to all requirements listed in based on VA guidance on the net and (see § 39.10(b) and 38 U.S.C. 2408(d) paragraphs (a) through (d) of this gross square footage standards for and 2411). section, including whether it contains cemetery buildings. This standard is (2) Title to the site is or will be vested sufficient information necessary to based on a workload of 1–6 burials per solely in the State. establish the project’s priority. VA will day. (3) The State possesses legal authority notify the State of any nonconformity. If (8) VA Form 40–0895–6 (Certification to apply for the grant and to finance and the preapplication does conform, VA of State or Tribal Government Matching construct the proposed facilities; i.e., shall notify the State that the Architectural and Engineering Funds to legislation or similar action has been preapplication has been found to meet Qualify for Group 1 on the Priority List) duly adopted or passed as an official act the preapplication requirements, and to provide documentation that the State of the applicant’s governing body, the proposed project will be included in has legislative authority to support the authorizing the filing of the application, the next scheduled ranking of projects, project and the resources necessary to including all understandings and as indicated in § 39.3(d). initially fund the architectural and assurances contained therein, and Authority: 38 U.S.C. 501, 2408, 2411. engineering portion of the project directing and authorizing the person development. Once the grant is identified as the official representative (The Office of Management and Budget has awarded, VA will reimburse the approved the information collection of the State to act in connection with the requirements in this section under control applicant for all allowable architectural application and to provide such numbers XXXX–XXXX, 4040–0004, 4040– and engineering costs. additional information as may be 0008, and 4040–0009.) (9) VA Form 40–0895–7 (Certification required. Regarding Debarment, Suspension, and (4) The State will assist VA in § 39.32 Plan preparation. Other Responsibility Matters—Primary assuring that the grant complies with The State must prepare Covered Transactions (State or Tribal section 106 of the National Historic Establishment, Expansion, and Government)) to ensure that the Preservation Act of 1966, as amended Improvement Project plans and applicant has not been debarred or (16 U.S.C. 470), Executive Order 11593 specifications in accordance with the suspended, and is eligible to participate (identification and protection of historic requirements of this section for review

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by the SCGS. The plans and such nature, coordinates shall be given expansion project or improvement specifications must be approved by the for all angles and other pertinent points. project, the work contemplated should SCGS prior to the State’s solicitation for (iii) The area of the parcel in acres or be consistent with the VA-approved construction bids. Once SCGS approves in square feet. master plan or a justification for the the plans and specifications, the State (iv) The location of all monuments. deviation should be provided. must obtain construction bids and (v) Delineation of 100-year floodplain (d) Preliminary or ‘‘design determine the successful bidder prior to and source. development’’ drawings. Following VA submission of the application. The State (vi) The signature and certification of approval of the master plan, the State must establish procedures for the Surveyor. must submit design development determining that costs are reasonable (2) Soil investigation. The State shall drawings that show all current phase and necessary and can be allocated in provide a soil investigation of the scope construction elements to be funded by accordance with the provisions of Office necessary to ascertain site the grant. The drawings must comply of Management and Budget (OMB) characteristics for construction and with the following requirements: burial or to determine foundation Circular No. A–87. Once the (1) Site development and requirements and utility service Establishment, Expansion, and environmental plans must include connections. A new soil investigation is Improvement Project preapplication and locations of structures, demolition, not required if one was done for a the project’s plans and specifications parking, roads, service areas, walks, previously approved project on the have been approved, an application for plazas, memorial paths, other paved same site and information from the assistance must be submitted in areas, landscape buffer and major previous investigation is adequate and compliance with the uniform groupings, and interment areas unchanged. Soil investigation, when requirements for grants-in-aid to State (including quantity of gravesites in each done, shall be documented in a signed and local governments prescribed by area). A grading plan including existing report. The investigation shall be OMB Circular No. A–102, Revised. and proposed contours at 1-foot adequate to determine the subsoil (a) General. These requirements have intervals of the entire area affected by conditions. The investigation shall been established for the guidance of the the site work must be submitted. A site include a sufficient number of test pits State agency and the design team to plan of the immediate area around each or test borings as will determine, in the provide a standard for preparation of building shall be drawn to a convenient judgment of the architect, the true drawings, specifications, and estimates. scale and shall show the building floor conditions. The following information (b) Technical requirements. The State plan, utility connections, walks, gates, will be covered in the report: should meet these technical walls or fences, flagpoles, drives, (i) Thickness, consistency, character, requirements as soon as possible after parking areas, indication of and estimated safe bearing value where VA approves the Establishment, handicapped provisions, landscaping, needed for structural foundation design Expansion, and Improvement Project north arrow, and any other appropriate of the various strata encountered in each preapplication. items. pit or boring. (1) Boundary and site survey. The (ii) Amount and elevation of ground (2) Floor plans of all levels at a State agency shall provide a survey of water encountered in each pit or boring, convenient scale shall be double-line the site and furnish a legal description its probable variation with the seasons, drawings and shall show overall of the site. A boundary and site survey and effect on the subsoil. dimensions, construction materials, need not be submitted if one was (iii) The elevation of rock, if known, door swings, names and square feet for submitted for a previously approved and the probability of encountering each space, toilet room fixtures, and project and there have been no changes. quicksand. interior finish schedule. Relevant information may then be (iv) If the site is underlaid with mines, (3) Elevations of the exteriors of all shown on the site plan. If required, the the elevations and location of the tops buildings shall be drawn to the same site survey shall show each of the of the mine workings relative to the site, scale as the plan and shall include all following items: or old workings located in the vicinity. material indications. (i) The outline and location (3) Topographical survey. A (4) Preliminary mechanical and referenced to boundaries of all existing topographical survey in 1-foot contour electrical layout plans shall be drawn at buildings, streets, alleys (whether public intervals shall be prepared for projects a convenient scale and shall have an or private), block boundaries, establishing new cemeteries and for equipment and plumbing fixture easements, encroachments, the names of significant expansion projects in schedule. streets, railroads, and streams, and other previously undeveloped land. (e) Final construction drawings and information as specified. If there is (c) Master plan. A master plan specifications. Funds for the nothing of this character affecting the showing the proposed layout of all construction of any project being property, the Surveyor shall so state on facilities—including buildings, assisted under this program will not be the drawings. roadways, and burial sections—on the released until VA approves the final (ii) The point of beginning, bearing, selected site shall be prepared for all construction drawings and distances, and interior angles. Closure new cemetery establishment projects for specifications. If VA approves them, VA computations shall be furnished with approval by the SCGS. If the project is shall send the State a written letter of the survey, and error of closure shall not to be phased into different year approval indicating that the project’s exceed 1 foot for each 10,000 feet of programs, the phasing shall be plans and specifications comply with lineal traverse. Boundaries of an indicated. The master plan shall analyze the terms and conditions as prescribed unusual nature (curvilinear, off-set, or all factors affecting the design, by VA. This does not constitute having other change or direction including climate, soil conditions, site approval of the contract documents. It is between corners) shall be referenced boundaries, topography, views, the responsibility of the State to with curve data (including measurement hydrology, environmental constraints, ascertain that all State and Federal chord) and other data sufficient for transportation access, etc. It should requirements have been met and that replacement, and such information shall provide a discussion of alternate designs the drawings and specifications are be shown on the map. For boundaries of that were considered. In the case of an acceptable for bid purposes.

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(1) General. The State shall prepare of air conditioning, heating, ventilation, Central Office in Washington, DC, to final working drawings so that clear and and exhaust; and provide an opportunity for the State and distinct prints may be obtained. These (ii) Plumbing drawings showing sizes its architects to discuss with VA drawings must be accurately and elevations of soil and waste officials the requirements for a grant. dimensioned to include all necessary systems, sizes of all hot and cold water Authority: 38 U.S.C. 501, 2408. explanatory notes, schedules, and piping, drainage and vent systems, legends. Working drawings shall be plumbing fixtures, and riser diagrams. § 39.34 Application requirements. complete and adequate for VA review (7) Electrical drawings. The State shall (a) For an Establishment, Expansion, and comment. The State shall prepare submit separate drawings for lighting and Improvement Project to be separate drawings for each of the and power, including drawings of: considered for grant funding under this following types of work: architectural, (i) Service entrance, feeders, and all subpart, the State must submit an equipment, layout, structural, heating characteristics; application (as opposed to a and ventilating, plumbing, and (ii) All panel, breaker, switchboard, preapplication) consisting of the electrical. and fixture schedules; following: (2) Architectural drawings. The State (iii) All lighting outlets, receptacles, (1) Standard Form 424 (Application shall submit drawings which include: switches, power outlets, and circuits; for Federal Assistance) with the box All structures and other work to be and labeled ‘‘application’’ marked; removed; all floor plans if any new work (iv) Telephone layout, fire alarm (2) Standard Form 424C (Budget is involved; all elevations which are systems, and emergency lighting. Information), which documents the affected by the alterations; building (8) Final specifications. Final amount of funds requested based on the sections; demolition drawings; all specifications (to be used for bid construction costs as estimated by the details to complete the proposed work purposes) shall be in completed format. successful construction bid; and finish schedules; and fully Specifications shall include the (3) A copy of itemized bid tabulations dimensioned floor plans at 1⁄8′ or 1⁄4′ invitations for bids, cover or title sheet, (If there are non-VA participating areas, scale. index, general requirements, form of bid these shall be itemized separately.); and (3) Equipment drawings. The State bond, form of agreement, performance (4) Standard Form 424D shall submit a list of all equipment to be and payment bond forms, and sections (Assurances—Construction Program). provided under terms of the grant in the describing materials and workmanship (5) VA Form 40–0895–11 case of an Establishment Project. Large- in detail for each class of work. (Memorandum of Agreement for a Grant scale drawings of typical special rooms (9) Cost estimates. The State shall to Construct or Modify a State or Tribal indicating all fixed equipment and show in convenient form and detail the Government Veterans Cemetery) to major items of furniture and moveable estimated total cost of the work to be identify the parties (VA and applicant), equipment shall be included. performed under the contract, including identify the scope of the project, and (4) Layout drawings. The State shall provisions of fixed equipment shown by indicate how the grant award funds will submit a layout plan that shows: the plans and specifications, if be paid to the applicant. (i) All proposed features such as applicable, to reflect the changes of the (6) VA Form 40–0895–12 roads, buildings, walks, utility lines, approved financial plan. Estimates shall (Certification Regarding Debarment, burial layout, etc. be summarized and totaled under each Suspension, Ineligibility and Voluntary (ii) Contours, scale, north arrow, and trade or type of work. Estimates shall Exclusion—Lower Tier Covered legend showing existing trees. also be provided for each building Transactions (Contractor)) to ensure that (iii) A graphic or keyed method of structure and other important features the contractor has not been debarred or showing plant types as well as such as the assembly area and shall suspended, and is eligible to participate quantities of each plant. include burial facilities. in the VA grant process and receive (iv) Plant list with the following: key, Federal funds. quantity, botanical name, common Authority: 38 U.S.C. 501, 2408. (b) Prior to submission of the name, size, and remarks. (The Office of Management and Budget has (v) Typical tree and shrub planting approved the information collection application, the State must submit a details. requirements in this section under control copy of an Environmental Assessment (vi) Areas to be seeded or sodded. number XXXX–XXXX.) to determine if an Environmental Impact Statement is necessary for (vii) Areas to be mulched. § 39.33 Conferences. (viii) Gravesite section layout with compliance with section 102(2)(C) of the (a) Predesign conference. A predesign permanent section monument markers National Environmental Policy Act of conference is required for all and lettering system. 1969, as amended (42 U.S.C. 4332). The (ix) Individual gravesite layout and Establishment, Expansion, and Environmental Assessment must briefly numbering system. If the cemetery is Improvement Projects requiring major describe the project’s possible beneficial existing and the project is expansion or construction, primarily to ensure that and harmful effects on the following renovation, show available, occupied, the State agency becomes oriented to impact categories: obstructed, and reserved gravesites. VA procedures, requirements, and any (1) Transportation; (x) Direction the headstones face. technical comments pertaining to the (2) Air quality; (5) Structural drawings. The State project. This conference will take place (3) Noise; shall submit complete foundation and at an appropriate location near the (4) Solid waste; framing plans and details, with general proposed site and should include a site (5) Utilities; notes to include: governing code, visit to ensure that all parties to the (6) Geology (Soils/Hydrology/ material strengths, live loads, wind process, including NCA staff, are Floodplains); loads, foundation design values, and familiar with the site and its (7) Water quality; seismic zone. characteristics. (8) Land use; (6) Mechanical drawings. The State (b) Additional conferences. At any (9) Vegetation, Wildlife, Aquatic, shall submit: time, VA may recommend an additional Ecology/Wetlands, etc.; (i) Heating and ventilation drawings conference (such as a design (10) Economic activities; showing complete systems and details development conference) be held in VA (11) Cultural resources;

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(12) Aesthetics; (i) Was included in the construction (a) Standard Form 271 (Outlay Report (13) Residential population; contract; and Request for Reimbursement for (14) Community services and (ii) Was installed during construction; Construction Programs); facilities; and (b) A request in writing for the final (15) Community plans and projects; (iii) Is permanently affixed to a architectural/engineering inspection, and building or connected to the heating, including the name and telephone (16) Other. ventilating, air conditioning, or other number of the local point of contact for (c) If an adverse environmental service distributed through a building the project; impact is anticipated, the State must via ducts, pipes, wires, or other (c) The written statement, ‘‘It is explain what action will be taken to connecting device, such as kitchen and hereby agreed that the monetary commitment of the Federal government minimize the impact. The assessment intercommunication equipment, built-in will have been met and the project will shall comply with the requirements of cabinets, and equipment lifts. be considered terminated upon payment the National Environmental Policy Act (5) A contingency allowance not to of 1969, as amended (42 U.S.C. 4321 et of this voucher.’’; and exceed five percent of the total cost of (d) Evidence that the State has met its seq.). a project that involves new construction responsibility for an audit under the Authority: 38 U.S.C. 501, 2408. or eight percent of the total cost of an Single Audit Act of 1984 (31 U.S.C. (The Office of Management and Budget has improvement project that does not 7501 et seq.) and § 39.122, if applicable. approved the information collection involve new construction. Authority: 38 U.S.C. 501, 2408. requirements in this section under control (c) The total cost of a project under (The Office of Management and Budget has numbers XXXX–XXXX, 4040–0004, 4040– this subpart may not include the cost of: 0008, and 4040–0009.) approved the information collection (1) Land acquisition; requirements in this section under control § 39.35 Final review and approval of (2) Building space that exceeds the number 0348–0002.) application. space guidelines specified in this part; Standards and Requirements Following VA approval of bid (3) Improvements not on cemetery tabulations and cost estimates, VA will land, such as access roads or utilities; § 39.60 General requirements for site review the complete Establishment, selection and construction of veterans (4) Maintenance or repair work; cemeteries. Expansion and Improvement Project (5) Office supplies or consumable grant application for approval in (a) The various codes, requirements, goods (such as fuel and fertilizer) that and recommendations of State and local accordance with the requirements of are routinely used in a cemetery; or § 39.30. If the application is approved, authorities or technical and professional (6) Fully enclosed, climate-controlled, organizations, to the extent and manner the grant will be awarded by a committal-service facilities, freestanding Notification of Award of Federal Grant in which those codes, requirements, and chapels, or chapels that are part of an recommendations are referenced in this Funds. administrative building or information Authority: 38 U.S.C. 501, 2408. subpart, are applicable to grants center. involving construction of veterans Award of Grant (d) VA shall certify approved cemeteries. Additional information applications to the Secretary of the concerning these codes, requirements, § 39.50 Amount of grant. Treasury in the amount of the grant, and and recommendations may be obtained (a) The amount of an Establishment, shall designate the appropriation from from VA, National Cemetery Expansion, and Improvement Project which it shall be paid. Funds paid for Administration, 810 Vermont Avenue, grant awarded under this subpart may the establishment, expansion, or NW., Washington, DC 20420. not exceed 100 percent of the total cost improvement of a veterans cemetery (b) The standards in §§ 39.60, 39.61, of the project, but may be less than the must be used solely for carrying out 39.62, and 39.63 constitute general total cost of the project. approved projects. design and construction criteria and (b) The total cost of a project under Authority: 38 U.S.C. 501, 2408. shall apply to all Establishment, this subpart may include: Expansion, and Improvement Projects (1) Administration and design costs, § 39.51 Payment of grant award. for which Federal assistance is e.g., architectural and engineering fees, The amount of an Establishment, requested under 38 U.S.C. 2408. inspection fees, and printing and Expansion, and Improvement Project (c) In developing these standards, no advertising costs. grant award will be paid to the State or, attempt has been made to comply with (2) The cost of cemetery features, e.g., if designated by the State representative, all of the various State and local codes entry features, flag plaza and assembly the State veterans cemetery for which and regulations. The standards areas, columbaria, preplaced liners or such project is being carried out, or any contained in §§ 39.60, 39.61, 39.62, and crypts, irrigation systems, committal- other State agency or instrumentality. 39.63 shall be followed where they service shelters, and administration/ Such amount shall be paid by way of exceed State or local codes and maintenance buildings. reimbursement, and in installments that regulations. Departure will be (3) In the case of an establishment are consistent with the progress of the permitted, however, when alternate grant, the cost of equipment necessary project, as the Director of the State standards are demonstrated to provide for the operation of the State veterans Cemetery Grants Service may determine equivalent or better design criteria than cemetery. This may include the cost of and certify for payment to the the standards in these sections. non-fixed equipment such as grounds appropriate Federal institution. Funds Conversely, compliance is required with maintenance equipment, burial paid under this section for an approved State and local codes where such equipment, and office equipment. Establishment, Expansion, and requirements provide a standard higher (4) In the case of an improvement or Improvement Project shall be used than those in these sections. The expansion grant, the cost of equipment solely for carrying out such project as additional cost, if any, in using necessary for operation of the State approved. As a condition for the final standards that are higher than those of veterans cemetery, but only if such payment, the State representative must VA should be documented and justified equipment: submit to VA the following: in the application.

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(d) The space criteria and area (8) Water supply. An adequate supply shall be provided at all intersections of requirements referred to in these of water should be available. Offsite roads and walks. The curb ramps shall standards shall be used as a guide in improvements shall not be funded by not be less than 4 feet wide; they shall planning. Additional area and facilities the grant. not have a slope greater than 8 percent, beyond those specified as basic may be (9) Sewerage. An approved means to and preferably not greater than 5 included if found to be necessary to dispose of storm flow and sewage from percent. The vertical angle between the meet the functional requirements of the the facility should be available. Offsite surface of a curb ramp and the surface project but are subject to approval by improvements shall not be funded by of a road or gutter shall not be less than VA. Substantial deviation from the the grant. 176 degrees; the transition between the space criteria or area standards shall be (b) Site development requirements— two surfaces shall be smooth. Curb carefully considered and justified. (1) General. The development plan shall ramps shall have nonskid surfaces. Failing to meet the criteria or standards provide for adequate hard-surfaced (6) Walks. Walks shall be designed or exceeding them by more than 10 roads, walks, parking areas, public rest with consideration for the physically percent in the completed plan would be rooms, a flag circle, and a main gate. handicapped and elderly. Walks and regarded as evidence of inferior design (2) Parking. All parking facilities shall ramps designed on an incline shall have or as exceeding the boundaries of include provisions to accommodate the periodic level platforms. All walks, professional requirements. In those physically handicapped. A minimum of ramps and platforms shall have nonskid projects that unjustifiably exceed one space shall be set aside and surfaces. Any walk shall be ramped if maximum space criteria or area identified with signage in each parking the slope exceeds 3 percent. Walks that requirements, VA funding may be area with additional spaces provided in have gradients from 2 to 3 percent shall subject to reduction in proportion to the the ratio of 1 handicapped space to be provided with level platforms at 200- every 20 regular spaces. Handicapped amount by which the space or area of foot intervals and at intersections with spaces shall not be placed between two the cemetery exceeds the maximum other walks. Ramps shall not have a conventional diagonal or head-on specified in these standards. slope greater than 8 percent, and parking spaces. Each of the Authority: 38 U.S.C. 501, 2408. preferably not greater than 5 percent. handicapped parking spaces shall not be The ramps shall have handrails on both § 39.61 Site planning standards. less than 9 feet wide; in addition, a clear sides unless other protective devices are space 4 feet wide shall be provided (a) Site selection—(1) Location. The provided; every handrail shall have land should be located as close as between the adjacent conventional clearance of not less than 11⁄2 inches possible to the densest veteran parking spaces and also on the outside of the end spaces. Parking shall not be between the back of the handrail and population in the area under the wall or any other vertical surface consideration. provided for large numbers of people attending ceremonial events such as behind it. Ramps shall not be less than (2) Size. Sufficient acreage shall be 4 feet wide between curbs; curbs shall available to provide gravesites for Memorial Day services. (3) Roads. Roads should generally be provided on both sides. The curbs estimated needs for at least 20 years. shall not be less than 4 inches high and More acreage should be provided where follow the topography of the cemetery and allow pedestrian access to burial 4 inches wide. A level platform in a feasible. Acreage could vary depending ramp shall not be less than the full on the State veteran population and sections on both sides. Roads should generally not be used as ‘‘boundaries’’ width of the ramp and not less than 5 national cemetery availability. feet long. Entrance platforms and ramps (3) Accessibility. The site should be outlining burial sections. Extensive shall be provided with protective readily accessible by highway. Offsite bridging should be avoided. Grant weather barriers to shield them against improvements shall not be funded by program funding may not be used to hazardous conditions resulting from the grant. build access roads on property that is (4) Topography. The land should not part of the cemetery. Road widths inclement weather. range from comparatively level to shall be compatible with proposed (7) Steps. Exterior steps may be rolling and moderately hilly terrain. traffic flows and volumes. Primary roads included in the site development as Natural rugged contours are suitable shall be generally 24 feet wide. long as provisions are made for use by only if development and maintenance (4) Pavement design. The pavement physically handicapped persons. costs would not be excessive and burial section of all roads, service areas, and (8) Grading. Minimum lawn slopes areas would be accessible to elderly or parking areas shall be designed for the shall be 2 percent; critical spot grade infirm visitors. The land shall not be maximum anticipated traffic loads and elevations shall be shown on the subject to flooding. existing soil conditions and in contract drawings. Insofar as (5) Water table. The water table accordance with local and State design practicable, lawn areas shall be should be lower than the maximum criteria. designed without steep slopes. proposed depth of burial. (5) Curbs. Bituminous roads may be (9) Landscaping. The landscaping (6) Soil requirements. The soil should provided with integral curbs and gutters plan should provide for a park-like be free from rock, muck, unstable constructed of portland cement setting of harmonious open spaces composition, and other materials that concrete. Freestanding curbs may be balanced with groves of indigenous and would hamper the economical substituted when the advantage of using cultivated deciduous and evergreen excavation of graves by normal them is clearly indicated. All curbs shall trees. Shrubbery should be kept to a methods. In general, the soil should have a ‘‘roll-type’’ cross section for minimum. Steep slopes that are meet the standards of good agricultural vehicle and equipment access to lawn unsuitable for interment areas should be land that is capable of supporting turf areas except as may be necessary for kept in their natural state. and trees, with normal care and without traffic control. The radii of curbs at road (10) Surface drainage. Surface grades the addition of topsoil. intersections shall not be less than 20 shall be determined in coordination (7) Utilities. Electricity and gas, if feet-0 inches. Curb ramps shall be with the architectural, structural, and required, should be available. Offsite provided to accommodate the mechanical design of buildings and improvements shall not be funded by physically handicapped and facilities so as to provide proper surface the grant. maintenance equipment. Curb ramps drainage.

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(11) Burial areas. A site plan of the durable, standardized, and properly pickup trucks, cemetery automobiles, cemetery shall include a burial layout. scaled. gang and circular mowers. If appropriate, the burial layout should (19) Carillons. The cemetery (d) Interment/committal service reflect the phases of development in the development plan should include a shelter. One permanent shelter is various sections. The first phase of location for a carillon tower. Carillons authorized for every five interments per construction should contain sufficient are normally donated. They are not day. The shelter may include a covered burial sites to meet the foreseeable provided for in the grant. area to provide seating for demand for at least 10 years. All Authority: 38 U.S.C. 501, 2408. approximately 20 people and an applicable dimensions of roadways, uncovered paved area to provide space fences, utilities, or other structures shall § 39.62 Space criteria for support facilities. for approximately 50 additional people. be indicated on the layout. These criteria are based on a projected The shelter may also include a small, (12) Gravesites. Gravesites shall be average burial rate of one to six per day, enclosed equipment/storage area. laid out in uniform pattern. There shall staffing by position, and a defined Provisions must be made for the playing be a minimum of 10 feet from the edge complement of maintenance and service of Taps by recorded means. of roads and drives and a minimum of equipment. For cemeteries with less (e) Public Information Center. One 20 feet from the boundaries or fence than one or more than six burials per permanent Public Information Center is lines. Maximum distance from the edge day, support facilities are considered on authorized per facility. A Public of a permanent road to any gravesite an individual basis in accordance with Information Center is used to orient shall not be over 275 feet. Temporary § 39.60(d). In converting Net Square visitors and funeral corteges. It should roads may be provided to serve areas in Feet (NSF) to Gross Square Feet (GSF), include the gravesite locator. The public phase developments. a conversion factor of 1.5 is the restrooms may also be combined with (13) Monumentation. Each grave shall maximum allowed. The applicant shall, this structure. Space determinations for be marked with an appropriate marker, in support of the design, include the separate structures for public restrooms and each cemetery shall maintain a following as an attachment to the shall be considered on an individual register of burials setting forth the name application: a list of all grounds basis. The Public Information Center, of each person buried and the maintenance supplies and equipment including public restrooms, may be designation of the grave in which he/she and the number of Full Time Employees combined with the administrative is buried. Permanent gravesite control (FTE) by job assignment for the next 10 building. markers shall be installed based on a years. (f) Other interment structures. Space grid system throughout the burial area (a) Administrative building. The determinations for other support unless otherwise specified. This will administrative building should be facilities such as columbaria, preplaced facilitate the gravesite layout, placement approximately 1,600 NSF in total, graveliners (or crypts), garden niches, of utility lines, and alignment of providing space, as needed, for the etc., will be considered on an individual headstones. following: basis in accordance with § 39.60(d). (1) Cemetery director’s office; (14) Entrance. The entrance should be Authority: 38 U.S.C. 501, 2408. an architectural or landscape feature (2) Other offices (as needed); that creates a sense of arrival. (3) Administrative staff (lobby/office § 39.63 Architectural design standards. area); (15) Memorial walkway. Each (4) Operations (file/office/equipment/ The publications listed in this section cemetery should have an area for the work area); are incorporated by reference. The display of memorials donated by (5) Family/conference room; Director of the Federal Register veterans groups and others. Such areas (6) Military honors team; approves this incorporation by reference may take the form of a path or walkway (7) Refreshment unit; in accordance with 5 U.S.C. 552(a) and and should provide a contemplative (8) Housekeeping aide’s closet; and 1 CFR part 51. Copies of these setting for visitors. (9) Restroom facilities. publications may be inspected at the (16) Donation items. Family members (b) Maintenance/service building. The office of the State Cemetery Grants and others often wish to donate items maintenance/service building may be Service, National Cemetery such as benches and trees. Acceptable combined with the administrative Administration, Department of Veterans items of donation should be specified in building. The maintenance/service Affairs, 810 Vermont Avenue, NW., the cemetery plan. The plan should also building should be approximately 2,200 Washington, DC 20420 or at the Office designate appropriate locations for such NSF in total, providing heated and air of the Federal Register, 800 North items. conditioned space, as needed, for the Capitol Street, NW., Suite 700, (17) Flag/assembly area. There shall following: Washington, DC. Copies of the 2006 be one primary flagpole for the United (1) Foreman’s office; edition of the National Fire Protection States flag. This flag shall be lighted. A (2) Lunch room; Association Life Safety Code and Errata turf assembly area should be developed (3) Kitchen unit; (NFPA 101), the 2006 edition of the for major gatherings such as Memorial (4) Toilet and locker room facilities; NFPA 5000, Building Construction and Day. The assembly area may be focused (5) Housekeeping aide’s closet; and Safety Code, and the 2008 edition of the on the flag. The area may also (6) Vehicle and equipment National Electrical Code, NFPA 70, may incorporate an architectural or a maintenance and storage. be obtained from the National Fire landscape feature that functions as a (c) Vehicle and equipment storage. Protection Association, Inc. (NFPA), 1 platform or backdrop for speakers. Approximately 275 NSF/Bay as needed. Batterymarch Park, P.O. Box 9101, (18) Site furnishings. Site furnishings Not all types of vehicles and equipment Quincy, MA 02269–9101. Copies of the include signage, trash receptacles, require storage in heated space. Based 2006 edition of the International benches, and flower containers. These on climatic conditions, it may be Mechanical Code and the 2006 edition items should be coordinated and justified to rely completely on open of the International Plumbing Code may complement each other, the structures rather than heated structures be obtained from the International Code architectural design, and the cemetery to protect the following types of Council (ICC) 2122 112th Avenue NE., as a whole. They should be simple, vehicles and equipment: dump trucks, Suite C, Bellevue, WA 98001.

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(a) Architectural and structural (1) Its preapplication for the grant construction project fully or partially requirements—(1) Life Safety Code. must be approved by VA under funded with Federal dollars must Standards must be in accordance with § 39.81(e); comply with those rates for specific the 2006 edition of the National Fire (2) Its project must be ranked work by trade employees (e.g., Protection Association Life Safety Code, sufficiently high within Priority Group electricians, carpenters). NFPA 101. Fire safety construction 4 as defined in § 39.3 for the applicable (3) VA Form 40–0895–6 (Certification features not included in NFPA 101 shall fiscal year so that funds are available for of State or Tribal Government Matching be designed in accordance with the the project, and a grant for the project Architectural and Engineering Funds to requirements of the 2006 edition of the must not result in payment of more than Qualify for Group 1 on the Priority List) NFPA 5000, Building Construction and the $5 million total amount permissible to provide documentation that the State Safety Code. Where the adopted codes for all Operation and Maintenance has legislative authority to support the state conflicting requirements, the Projects in any fiscal year; project and the resources necessary to NFPA National Fire Codes shall govern. (3) Its plans and specifications for the initially fund the architectural and (2) State and local codes. In addition project must be approved by VA under engineering portion of the project to compliance with the standards set § 39.82; development. Once the grant is forth in this section, all applicable local (4) The State must meet the awarded, VA will reimburse the and State building codes and application requirements in § 39.84; and applicant for all allowable architectural regulations must be observed. In areas (5) Other requirements specified in and engineering costs. not subject to local or State building §§ 39.6, 39.10, and 39.83 must be (4) VA Form 40–0895–7 (Certification codes, the recommendations contained satisfied. Regarding Debarment, Suspension, and in the 2006 edition of the NFPA 5000, (b) VA may approve under § 39.85 any Other Responsibility Matters—Primary Building Construction and Safety Code, Operation and Maintenance Project Covered Transactions (State or Tribal shall apply. grant application up to the amount of Government)) to ensure that the (3) Occupational safety and health the grant requested once the applicant has not been debarred or standards. Applicable standards requirements under paragraph (a) of this suspended, and is eligible to participate contained in the Occupational Safety section have been satisfied, provided in the VA grant process and receive and Health Act of 1970 (29 U.S.C. 651 that sufficient funds are available and Federal funds. et seq.) must be observed. that total amount of grants awarded (5) VA Form 40–0895–8 (Certification (b) Mechanical requirements. The during any fiscal year for Operation and Regarding Drug-Free Workplace heating system, boilers, steam system, Maintenance Projects does not exceed Requirements for Grantees Other Than ventilation system, and air-conditioning $5 million. In determining whether Individuals) to ensure that the applicant system shall be furnished and installed sufficient funds are available, VA shall complies with the Drug-Free Workplace to meet all requirements of the local and consider the project’s ranking in Priority Act of 1988 at the location where the State codes and regulations. Where no Group 4; the total amount of funds construction will occur. local or State codes are in force, the available for cemetery grant awards in (6) VA Form 40–0895–9 (Certification 2006 edition of the International Priority Group 4 during the applicable Regarding Lobbying) to ensure that the Mechanical Code shall apply. fiscal year; and the prospects of higher applicant complies with Public Law (c) Plumbing requirements. Plumbing ranking projects being ready for the 101–121 regarding the prohibition systems shall comply with all award of a grant before the end of the against any payments to anyone that applicable local and State codes, the applicable fiscal year. influences or attempts to influence an requirements of the State Department of Authority: 38 U.S.C. 501, 2408. officer or Member of Congress in Health, and the minimum general connection with the award of a grant. standards as set forth in this part. Where § 39.81 Preapplication requirements. (7) VA Form 40–0895–10 no local or State codes are in force, the (a) A State seeking a grant for the (Certification of Compliance with 2006 edition of the International operation or maintenance of a State Federal Requirements—State or Tribal Plumbing Code shall apply. veterans cemetery must submit a Government Construction Grant) to (d) Electrical requirements. The preapplication to the Director, State ensure that the applicant complies with installation of electrical work and Cemetery Grants Service, through all requirements of Part 39. equipment shall comply with all local http://www.cem.va.gov/cem/ (8) VA Form 40–0895–15 and State codes and laws applicable to scg_grants.asp. (Certification of Cemetery Maintained in electrical installations and the (b) No detailed drawings, plans, or Accordance with National Cemetery minimum general standards set forth in specifications are required with the Administration Standards) to ensure the NFPA 70, National Electrical Code, preapplication. As a part of the that any cemetery operated or 2008 edition. The regulations of the preapplication, the State must submit maintained through a grant will be local utility company shall govern each of the following: operated and maintained in accordance service connections. Aluminum bus (1) Standard Form 424 (Application with VA’s national shrine standards of ways shall not be used as a conducting for Federal Assistance) and Standard appearance. medium in the electrical distribution Form 424C (Budget Information) signed (9) A gravesite assessment survey system. by the authorized representative of the documenting the State cemetery’s Authority: 38 U.S.C. 501, 2408. State. These forms document the performance related to the standards amount of the grant requested, which outlined in paragraph (b)(10) of this Subpart C—Operation and may not exceed 100 percent of the section for the year in which the Maintenance Projects estimated cost of the project to be preapplication is submitted. Grant Requirements and Procedures funded with the grant. (10) A program narrative describing (2) VA Form 40–0895–2 (Certification how the project will assist the State in § 39.80 General requirements for a grant. of Compliance with Provisions of the meeting VA’s national shrine standards (a) For a State to obtain a grant for the Davis-Bacon Act) to certify that the State with respect to cleanliness, height and operation or maintenance of a State has obtained the latest prevailing wage alignment of headstones and markers, veterans cemetery: rates for Federally funded projects. Any leveling of gravesites, or turf conditions.

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Specifically, the preapplication should (4) The State will obtain approval by section before submitting a grant explain the need for the grant, how the VA of the final specifications before the application for an Operation and work is to be accomplished, and the project is advertised or placed on the Maintenance Project. The State may be expected improvement in the State market for bidding; the project will required to undertake some or all of the cemetery’s performance related to one achieve VA’s national shrine standards following requirements of this section. or more of the following national shrine with respect to cleanliness, height and After submitting all necessary plans and standards: alignment of headstones and markers, specifications to the SCGS and (i) Cleanliness. 90 percent of leveling of gravesites, or turf conditions obtaining approval for the State to headstones, markers, and niche covers in accordance with the application and solicit for the Operation and must be clean and free of debris and approved plans and specifications; the Maintenance Project contract bids, the objectionable accumulations. State will submit to the Director of the State shall: (ii) Height. 90 percent of headstones State Cemetery Grants Service, for prior (1) Obtain bids and determine the and markers must be set and maintained approval, changes that alter any cost of successful bidder; at the proper height. the project; and the State will not enter (2) Establish procedures for (iii) Alignment. 100 percent of into a contract for the project or determining that costs are reasonable headstones, markers, and niche covers undertake other activities until all the and necessary and can be allocated in must be properly installed. Upright requirements of the grant program have accordance with the provisions of OMB headstones in active burial sections been met. Circular No. A–87 and submit must be uniform in height (24″–26″ (d) Depending on the scope of the documentation of such determinations above ground), horizontally and project, the SCGS will work with the to VA; and vertically aligned with inscriptions State to determine which, if any, of the (3) Comply with the uniform visible, and installed to ensure a following are required: requirements for grants-in-aid to State pleasing top line while compensating (1) Compliance with section 106 of and local governments prescribed by for ground contours. Flat markers must the National Historic Preservation Act of OMB Circular No. A–102, Revised. be uniform in height (parallel with the 1966, as amended (16 U.S.C. 470), (b) Depending on the scope of the ground and no more than 1″ above Executive Order 11593 (identification project, the SCGS will work with the grade) and horizontally and vertically and protection of historic properties), State to determine which of the aligned. Niche covers must be and the Archaeological and Historic following will be required prior to horizontally and vertically aligned. All Preservation Act of 1974 (16 U.S.C. submission of an application. As inscriptions must be visible. 469a–1 et seq.). determined by VA, these may include: (1) A boundary and site survey (iv) Grade. 95 percent of the grade of (2) Compliance with the Federal comprising a survey and legal every gravesite must blend in with requirements in 2 CFR parts 180 and description of the existing State adjacent grade levels. 801 and 38 CFR part 43 and submission of Standard Form 424D (Assurances— cemetery site; (v) Turf Conditions. 100 percent of (2) Project drawings indicating the visually prominent areas must have a Construction Programs). (3) A site Environmental Assessment cemetery section(s) to be impacted by well-established, healthy stand of turf the Operation and Maintenance Project, that is generally weed free; 95 percent to determine whether an Environmental Impact Statement will be necessary as a gravesite section layout with permanent of visually prominent areas with section monument markers and lettering established turf must be generally free of result of the work to be performed on the headstones and markers, gravesites, system, and the total number of bare areas. gravesites to be impacted; (11) A description of the geographic or turf conditions. (e) Upon receipt of a complete (3) Project specifications (to be used location of the existing State cemetery preapplication for a grant, including all for bid purposes), which shall include and any other supporting necessary assurances and all required the invitation for bid, cover or title documentation, as requested by the supporting documentation, VA will sheet, index, general requirements, form SCGS Director. determine whether the preapplication of bid bond, form of agreement, (12) A description of the project conforms to all requirements listed in performance and payment bond forms, including the number and types of paragraphs (a) through (d) of this and detailed descriptions of materials headstones and markers that need to be section, including whether it contains and workmanship for the work to be cleaned and aligned, a description of the sufficient information necessary to performed to meet VA’s national shrine gravesites that need to be leveled, and establish the project’s priority. VA will standards; a description of the turf conditions that notify the State of any nonconformity. If (4) A detailed estimate of the total need to be improved to meet VA’s the preapplication does conform, VA cost of the work to be performed under national shrine standards. shall notify the State that the the contract; or (c) In addition, the State must submit preapplication has been found to meet (5) A site Environmental Assessment written assurance of each of the the preapplication requirements, and meeting the provisions of § 39.34(b) to following conditions: the proposed project will be included in determine if an Environmental Impact (1) Any cemetery in receipt of a grant the next scheduled ranking of projects, Statement is necessary for compliance under this subpart will be used as indicated in § 39.3(d). with section 102(2)(C) of the National exclusively for the interment or Environmental Policy Act of 1969, as Authority: 38 U.S.C. 501, 2408, 2411. memorialization of eligible persons, as amended (42 U.S.C. 4332), as a result of set forth in § 39.10(a), whose interment (The Office of Management and Budget has the work to be performed on the or memorialization is not contrary to the approved the information collection requirements in this section under control headstones and markers, gravesites, or conditions of the grant (see § 39.10(b) numbers XXXX–XXXX, 4040–0004, 4040– turf conditions. and 38 U.S.C. 2408(d) and 2411). 0008, and 4040–0009.) (c) If VA determines that the project’s (2) Title to the site is or will be vested plans and specifications comply with solely in the State. § 39.82 Plan preparation. the terms and conditions prescribed by (3) The State possesses legal authority (a) The State must successfully VA, VA will send the State a written to apply for the grant. complete its plan preparation under this letter of approval indicating that the

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project’s plans and specifications in the VA grant process and receive carried out, or any other State agency or comply with the terms and conditions Federal funds. instrumentality. Such amount shall be as prescribed by VA. This does not Authority: 38 U.S.C. 501, 2408. paid by way of reimbursement and in constitute approval of the contract (The Office of Management and Budget has installments that are consistent with the documents. It is the responsibility of the approved the information collection progress of the project, as the Director State to ascertain that all State and requirements in this section under control of the State Cemetery Grants Service Federal requirements have been met and numbers XXXX–XXXX, 4040–0002, 4040– may determine and certify for payment that the drawings and specifications are 0008, and 4040–0009.) to the appropriate Federal institution. acceptable for bid purposes. § 39.85 Final review and approval of Funds paid under this section for an Authority: 38 U.S.C. 501, 2408. application. approved Operation and Maintenance (The Office of Management and Budget has Project shall be used solely for carrying Following VA approval of bid out such project as approved. As a approved the information collection tabulations and cost estimates, the requirements in this section under control condition for the final payment, the complete Operation and Maintenance number XXXX–XXXX.) State representative must submit to VA Project grant application will be each of the following: § 39.83 Conferences. reviewed for approval in accordance (a) Standard Form 271 (Outlay Report (a) Planning conference. The SCGS with the requirements of § 39.80. If the and Request for Reimbursement for may require planning conferences for application is approved, the grant will Construction Programs); Operation and Maintenance Projects, be awarded by a Notification of Award (b) A report on the project primarily to ensure that the State agency of Federal Grant Funds. accomplishments in accordance with becomes oriented to VA’s national Authority: 38 U.S.C. 501, 2408. § 39.120 and a request in writing for the shrine standards, procedures, Award of Grant final architectural/engineering requirements, and any technical inspection, including the name and comments pertaining to the project. § 39.100 Amount of grant. telephone number of the local point of These conferences will normally occur (a) The amount of an Operation and contact for the project; over the telephone. Maintenance Project grant awarded (c) The written statement, ‘‘It is (b) Additional conferences. At any under this subpart may not exceed 100 hereby agreed that the monetary time, VA may recommend an additional percent of the total cost of the project, commitment of the Federal government telephone conference to provide an but may be less than total cost of the will have been met and the project will opportunity for the State to discuss with project. be considered terminated upon payment VA officials the requirements for an (b) The total cost of a project under of this voucher.’’; and Operation and Maintenance Project this subpart may include any or all of (d) Evidence that the State has met its grant. the following costs: responsibility for an audit under the Authority: 38 U.S.C. 501, 2408. (1) Administration and design costs, Single Audit Act of 1984 (31 U.S.C. 7501 et seq.) and § 39.122. § 39.84 Application requirements. e.g., architectural and engineering fees, inspection fees, and printing and Authority: 38 U.S.C. 501, 2408. For an Operation and Maintenance advertising costs. (The Office of Management and Budget has Project to be considered for grant (2) Construction costs. approved the information collection funding under this subpart, the State (3) The cost of VA-approved requirements in this section under control number 0348–0002.) must submit an application (as opposed equipment that is necessary for the to a preapplication) consisting of the completion of the project. Subpart D—Grant Recipient following: (c) The total cost of a project under (a) Standard Form 424 (Application Responsibilities, Inspections, and this subpart may not include the cost of for Federal Assistance) with the box Reports Following Project Completion any of the following: labeled ‘‘application’’ marked; (1) Land acquisition; § 39.120 Documentation of grant (b) Standard Form 424C (Budget (2) Buildings of any type; accomplishments. Information), which documents the (3) Improvements not on cemetery Within 60 days of completion of an amount of funds requested based on the land, such as access roads or utilities; Operation and Maintenance Project, the construction costs as estimated by the (4) Office supplies or consumable State must submit to SCGS a written successful construction bid; report regarding the work performed to (c) A copy of itemized bid tabulations; goods (such as fuel and fertilizer) that meet VA’s national shrine standards. and are routinely used in a cemetery; or This report must be based on the (d) Standard Form 424D (5) Project contingency costs. original justification for the grant as (Assurances—Construction Program). (d) VA shall certify approved (e) VA Form 40–0895–11 applications to the Secretary of the noted in § 39.81(b)(10) and must include (Memorandum of Agreement for a Grant Treasury in the amount of the grant, and statistical data and detailed pictures of to Construct or Modify a State or Tribal shall designate the appropriation from the work accomplished. Government Veterans Cemetery) to which it shall be paid. Funds paid for Authority: 38 U.S.C. 501, 2408. identify the parties (VA and applicant), the operation and maintenance of a (The Office of Management and Budget has identify the scope of the project, and veterans cemetery must be used solely approved the information collection for carrying out approved projects. requirement in this section under control indicate how the grant award funds will number XXXX–XXXX.) be paid to the applicant. Authority: 38 U.S.C. 501, 2408. (f) VA Form 40–0895–12 (Certification § 39.121 State responsibilities following Regarding Debarment, Suspension, § 39.101 Payment of grant award. project completion. Ineligibility and Voluntary Exclusion— The amount of an Operation and (a) A State that has received an Lower Tier Covered Transactions Maintenance Project grant award will be Establishment, Expansion, and (Contractor)) to ensure that the paid to the State or, if designated by the Improvement Project grant or an contractor has not been debarred or State representative, the State veterans Operation and Maintenance Project suspended, and is eligible to participate cemetery for which such project is being grant shall monitor use of the cemetery

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by various subgroups and minority information intended to answer Protection Agency, 1200 Pennsylvania groups, including women veterans. If questions about the status of the grant Ave., NW., Washington, DC 20460– VA determines that under-utilization by program. 0001. any of these groups exists, the State (c) A State will complete and submit • Hand Delivery: OPPT Document shall establish a program to inform to VA a VA Form 40–0895–13 Control Office (DCO), EPA East Bldg., members of these groups about benefits (Certification Regarding Documents and Rm. 6428, 1201 Constitution Ave., NW., available to them. If a significant Information Required for State or Tribal Washington, DC. Attention: Docket ID number or portion of the population Government Cemetery Construction Number EPA–HQ–OPPT–2009–0668. eligible to be served or likely to be Grants—Post Grant Requirements) to The DCO is open from 8 a.m. to 4 p.m., directly affected by the grant program ensure that the grantee is aware of and Monday through Friday, excluding legal needs benefits information in a language complies with all grant responsibilities holidays. The telephone number for the other than English, the State shall make and to properly and timely close out the DCO is (202) 564–8930. Such deliveries such information available in the grant. are only accepted during the DCO’s necessary language. Authority: 38 U.S.C. 501, 2408. normal hours of operation, and special (b) A State veterans cemetery that has (The Office of Management and Budget has arrangements should be made for received an Establishment, Expansion, approved the information collection deliveries of boxed information. and Improvement Project grant or an requirements in this section under control Instructions: Direct your comments to Operation and Maintenance Project number XXXX–XXXX and 2900–0559.) docket ID number EPA–HQ–OPPT– 2009–0668. EPA’s policy is that all grant shall be operated and maintained [FR Doc. E9–30873 Filed 12–30–09; 8:45 am] as follows: comments received will be included in (1) Buildings, grounds, roads, walks, BILLING CODE P the docket without change and may be and other structures shall be kept in made available on-line at http:// reasonable repair to prevent undue www.regulations.gov, including any deterioration and hazards to users. ENVIRONMENTAL PROTECTION personal information provided, unless (2) The cemetery shall be kept open AGENCY the comment includes information for public use at reasonable hours based claimed to be Confidential Business 40 CFR Part 721 on the time of the year. Information (CBI) or other information (c) VA, in coordination with the State, [EPA–HQ–OPPT–2009–0668; FRL–8796–6] whose disclosure is restricted by statute. shall inspect the project for compliance Do not submit information that you with the standards set forth in subpart RIN 2070–AB27 consider to be CBI or otherwise protected through regulations.gov or e- B for Establishment, Expansion, and Proposed Revocation of Significant mail. The regulations.gov website is an Improvement Projects and with the New Use Rule on a Certain Chemical ‘‘anonymous access’’ system, which standards set forth in subpart C for Substance Operation and Maintenance Projects at means EPA will not know your identity the project’s completion and at least AGENCY: Environmental Protection or contact information unless you once in every 3-year period following Agency (EPA). provide it in the body of your comment. completion of the project throughout the ACTION: Proposed rule. If you send an e-mail comment directly period the facility is operated as a State to EPA without going through veterans cemetery. The State shall SUMMARY: EPA is proposing to revoke a regulations.gov, your e-mail address forward to the Director, State Cemetery significant new use rule (SNUR) will be automatically captured and Grants Service, a copy of the inspection promulgated under section 5(a)(2) of the included as part of the comment that is report, giving the date and location the Toxic Substances Control Act (TSCA) placed in the docket and made available inspection was made and citing any for one chemical substance. For the on the Internet. If you submit an deficiencies and corrective action to be chemical substance covered by electronic comment, EPA recommends taken or proposed. premanufacture notice (PMN) P–95– that you include your name and other (d) Failure of a State to comply with 1772, EPA issued a non-5(e) SNUR (i.e. contact information in the body of your any of paragraphs (a) through (c) of this SNUR on a substance that is not subject comment and with any disk or CD-ROM section shall be considered cause for VA to a TSCA section 5(e) consent order) you submit. If EPA cannot read your to suspend any payments due the State designating certain activities as comment due to technical difficulties on any project until the compliance significant new uses based on the and cannot contact you for clarification, failure is corrected. concern criteria in 40 CFR 721.170(b). EPA may not be able to consider your Authority: 38 U.S.C. 501, 2408; and E.O. EPA has received and reviewed new comment. Electronic files should avoid 13166, 65 FR 50121. information and test data for the the use of special characters, any form chemical substance and proposes to of encryption, and be free of any defects § 39.122 Inspections, audits, and reports. revoke the SNUR pursuant to 40 CFR or viruses. (a) A State will allow VA inspectors 721.185. Docket: All documents in the docket and auditors to conduct inspections as are listed in the docket index available necessary to ensure compliance with the DATES: Comments must be received on at http://www.regulations.gov. Although provisions of this part. The State will or before February 1, 2010. listed in the index, some information is provide to VA evidence that it has met ADDRESSES: Submit your comments, not publicly available, e.g., CBI or other its responsibility under the Single Audit identified by docket identification (ID) information whose disclosure is Act of 1984 (see part 41 of this chapter). number EPA–HQ–OPPT–2009–0668, by restricted by statute. Certain other (b) A State will make an annual report one of the following methods: material, such as copyrighted material, on VA Form 40–0241 (‘‘State Cemetery • Federal eRulemaking Portal: http:// will be publicly available only in hard Data’’) signed by the authorized www.regulations.gov. Follow the on-line copy. Publicly available docket representative of the State. These forms instructions for submitting comments. materials are available electronically at document current burial activity at the • Mail: Document Control Office http://www.regulations.gov, or, if only cemetery, use of gravesites, remaining (7407M), Office of Pollution Prevention available in hard copy, at the OPPT gravesites, and additional operational and Toxics (OPPT), Environmental Docket. The OPPT Docket is located in

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the EPA Docket Center (EPA/DC) at Rm. regarding the applicability of this action on the concern criteria identified in 3334, EPA West Bldg., 1301 to a particular entity, consult the § 721.170(b)(4)(ii). EPA has received and Constitution Ave., NW., Washington, technical person listed under FOR reviewed test data for the chemical DC. The EPA/DC Public Reading Room FURTHER INFORMATION CONTACT. substance, and, based on that test data, hours of operation are 8:30 a.m. to 4:30 EPA now proposes to revoke the SNUR B. What Should I Consider as I Prepare p.m., Monday through Friday, excluding pursuant to § 721.185. In this unit, EPA My Comments for EPA? legal holidays. The telephone number of provides a brief description of this the EPA/DC Public Reading Room is 1. Submitting CBI. Do not submit this chemical substance, including the PMN (202) 566–1744, and the telephone information to EPA through number, chemical name (generic name number for the OPPT Docket is (202) regulations.gov or e-mail. Clearly mark if the specific name is claimed as CBI), 566–0280. Docket visitors are required the part or all of the information that CAS number (if assigned and not to show photographic identification, you claim to be CBI. For CBI claimed as CBI), the Federal Register pass through a metal detector, and sign information in a disk or CD-ROM that publication date and reference, the the EPA visitor log. All visitor bags are you mail to EPA, mark the outside of the docket number, the basis for revoking processed through an X-ray machine disk or CD-ROM that you mail to EPA, the SNUR under § 721.185, and the CFR and subject to search. Visitors will be mark the outside of the disk or CD-ROM citation of the SNUR. provided an EPA/DC badge that must be as CBI and then identify electronically PMN Number P–95–1772 visible at all times in the building and within the disk or CD-ROM the specific Chemical name: Polyalkyl phosphate returned upon departure. information that is claimed as CBI. In (generic). FOR FURTHER INFORMATION CONTACT: For addition to one complete version of the CAS number: Not available. general information contact: Colby comment that includes information Federal Register publication date and Lintner, Regulatory Coordinator, claimed as CBI, a copy of the comment reference: January 22, 1998 (63 FR Environmental Assistance Division that does not contain the information 3393). (7408M), Office of Pollution Prevention claimed as CBI must be submitted for Docket number: OPPTS–50628. and Toxics, Environmental Protection inclusion in the public docket. Basis for revocation of SNUR: EPA Agency, 1200 Pennsylvania Ave., NW., Information so marked will not be issued a SNUR for this substance based Washington, DC 20460–0001; telephone disclosed except in accordance with on the concern criteria at number: (202) 554–1404; e-mail address: procedures set forth in 40 CFR part 2. § 721.170(b)(4)(ii). Subsequently, the [email protected]. 2. Tips for preparing your comments. PMN submitter petitioned EPA to For technical information contact: When submitting comments, remember revoke the SNUR based on the results of Tracey Klosterman, Chemical Control to: submitted biodegradation testing. The Division (7405M), Office of Pollution i. Identify the document by docket ID biodegradation testing demonstrated Prevention and Toxics, Environmental number and other identifying that the substance is readily Protection Agency, 1200 Pennsylvania information (subject heading, Federal biodegradable, mitigating concerns for Ave., NW., Washington, DC 20460– Register date and page number). chronic toxicity to aquatic organisms. 0001; telephone number: (202) 564– ii. Follow directions. The Agency may Therefore, EPA no longer finds that 2209; e-mail address: ask you to respond to specific questions releases to water resulting in stream [email protected]. or organize comments by referencing a concentrations that exceed 1 parts per billion (ppb) may cause significant SUPPLEMENTARY INFORMATION: Code of Federal Regulations (CFR) part or section number. adverse environmental effects. Based on I. General Information iii. Explain why you agree or disagree; available information, the substance no longer meets the concern criteria at A. Does this Action Apply to Me? suggest alternatives and substitute language for your requested changes. § 721.170(b)(4)(ii). Therefore, EPA You may be potentially affected by iv. Describe any assumptions and proposes that the SNUR for this this action if you manufacture, import, provide any technical information and/ chemical substance be revoked pursuant process, or use the chemical substance or data that you used. to § 721.185(a)(4). contained in this proposed revocation. v. If you estimate potential costs or CFR citation: 40 CFR 721.5995. Potentially affected entities may burdens, explain how you arrived at include, but are not limited to: B. What is the Agency’s Authority for your estimate in sufficient detail to • Manufacturers, importers, or Taking this Action? allow for it to be reproduced. processors of the subject chemical Section 5(a)(2) of TSCA (15 U.S.C. vi. Provide specific examples to substance (NAICS codes 325 and 2604(a)(2)) authorizes EPA to determine illustrate your concerns and suggest 324110), e.g., chemical manufacturing that a use of a chemical substance is a alternatives. and petroleum refineries. ‘‘significant new use.’’ EPA must make vii. Explain your views as clearly as This listing is not intended to be this determination by rule after possible, avoiding the use of profanity exhaustive, but rather provides a guide considering all relevant factors, or personal threats. for readers regarding entities likely to be including those listed in TSCA section viii. Make sure to submit your affected by this action. Other types of 5(a)(2). Once EPA determines that a use comments by the comment period entities not listed in this unit could also of a chemical substance is a significant deadline identified. be affected. The North American new use, TSCA section 5(a)(1)(B) Industrial Classification System II. Background requires persons to submit a significant (NAICS) codes have been provided to new use notice (SNUN) to EPA at least A. What Action is the Agency Taking? assist you and others in determining 90 days before they manufacture, whether this action might apply to In the Federal Register of January 22, import, or process the chemical certain entities. To determine whether 1998 (63 FR 3393) (FRL–5720–3), EPA substance for that use. The mechanism you or your business may be affected by promulgated a SNUR for the chemical for reporting under this requirement is this action, you should carefully substance covered by PMN P–95–1772. established under § 721.5. examine the applicability provisions in This non-5(e) SNUR designated certain Upon conclusion of the review for P– § 721.5. If you have any questions activities as significant new uses based 95–1772, based on the concern criteria

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in § 721.170(b)(4)(ii) as discussed in the relationship between the national § 721.5995 [Removed] Unit II.A., EPA determined that there government and the States, or on the 2. By removing § 721.5995. was a concern for potential distribution of power and [FR Doc. E9–30990 Filed 12–30–09; 8:45 am] environmental effects of the substance responsibilities among the various and promulgated a non-5(e) SNUR for levels of government, as specified in BILLING CODE 6560–50–S this chemical substance. Executive Order 13132, entitled Under § 721.185, EPA may at any time Federalism (64 FR 43255, August 10, revoke a SNUR for a chemical substance 1999), nor tribal implications, because it DEPARTMENT OF COMMERCE which has been added to subpart E of would not have substantial direct effects 40 CFR part 721 if EPA makes one of the National Oceanic and Atmospheric on one or more Indian Tribes, on the Administration determinations set forth in relationship between the Federal § 721.185(a)(1) through (a)(6). Government and Indian tribes, or on the 50 CFR Part 622 Revocation may occur on EPA’s distribution of power and initiative or in response to a written responsibilities between the Federal RIN 0648–AX67 request. Under § 721.185(b)(3), if EPA Government and Indian tribes, as concludes that a SNUR should be specified in Executive Order 13175, Fisheries of the Caribbean, Gulf of revoked, the Agency will propose the entitled Consultation and Coordination Mexico, and South Atlantic; Reef Fish changes in the Federal Register, briefly with Indian Tribal Governments (65 FR Fishery of the Gulf of Mexico; describe the grounds for the action, and 67249, November 9, 2000). Amendment 31 provide interested parties an This action is not subject to Executive AGENCY: National Marine Fisheries opportunity to comment. Order 13045, entitled Protection of Service (NMFS), National Oceanic and EPA has determined that the criteria Children from Environmental Health set forth in § 721.185(a)(4) have been Atmospheric Administration (NOAA), Risks and Safety Risks (62 FR 19885, Commerce. satisfied for the chemical substance; April 23, 1997), because this is not an ACTION: Notice of Availability of therefore, EPA is proposing to revoke economically significant regulatory the SNUR provisions for this chemical Amendment 31 to the Fishery action as defined under Executive Order Management Plan for Reef Fish substance. When this revocation 12866, and it does not address becomes final, EPA will no longer Resources of the Gulf of Mexico; request environmental health or safety risks for comments. require notice of intent to manufacture, disproportionately affecting children. It import, or process this substance for any is not subject to Executive Order 13211, SUMMARY: The Gulf of Mexico Fishery significant new uses. In addition, export entitled Actions Concerning Regulations Management Council (Council) has notification requirements under section That Significantly Affect Energy Supply, submitted Amendment 31 to the Fishery 12(b) of TSCA triggered by this SNUR Distribution, or Use (66 FR 28355, May Management Plan for the Reef Fish will no longer be required. 22, 2001), because this action is not Resources of the Gulf of Mexico (FMP) III. Statutory and Executive Order expected to affect energy supply, for review, approval, and Reviews distribution, or use. Because this action implementation by NMFS. Amendment This proposed rule would revoke or does not involve any technical 31 proposes actions to address sea turtle eliminate an existing regulatory standards, section 12(d) of the National bycatch in the bottom longline requirement and does not contain any Technology Transfer and Advancement component of the Gulf of Mexico (Gulf) new or amended requirements. As such, Act of 1995 (NTTAA), Public Law 104– reef fish fishery. The measures the Agency has determined that this 113, section 12(d) (15 U.S.C. 272 note), contained in the subject amendment are proposed SNUR revocation would not does not apply to this action. This intended to balance the continued have any adverse impacts, economic or action does not involve special viability of the bottom longline otherwise. considerations of environmental justice component of the reef fish fishery while The Office of Management and Budget related issues as required by Executive maintaining adequately protective (OMB) has exempted these types of Order 12898, entitled Federal Actions to measures for sea turtles. regulatory actions from review under Address Environmental Justice in DATES: Comments must be received no Executive Order 12866, entitled Minority Populations and Low-Income later than 5 p.m., eastern time, on March Regulatory Planning and Review (58 FR Populations (59 FR 7629, February 16, 1, 2010. 1994). 51735, October 4, 1993). This proposed ADDRESSES: You may submit comments rule does not contain any information List of Subjects in 40 CFR Part 721 on the amendment or the proposed rule, collections subject to approval under Environmental protection, Chemicals, identified by ‘‘0648–AX67’’ by any of the Paperwork Reduction Act (PRA), (44 Hazardous substances, Reporting and the following methods: U.S.C. 3501 et seq.). Since this proposed • Electronic Submissions: Submit all recordkeeping requirements. rule eliminates a reporting requirement, electronic public comments via the the Agency certifies pursuant to section Dated: December 22, 2009. Federal e-Rulemaking Portal: http:// 605(b) of the Regulatory Flexibility Act www.regulations.gov. Barbara A. Cunningham, • (RFA) (5 U.S.C. 601 et seq.), that this Acting Director, Office of Pollution Prevention Fax: 727–824–5308; Attention: SNUR revocation would not have a Cynthia Meyer. and Toxics. • significant economic impact on a Therefore, it is proposed that 40 CFR Mail: Cynthia Meyer, Southeast substantial number of small entities. part 721 be amended as follows: Regional Office, NMFS, 263 13th For the same reasons, this action does Avenue South, St. Petersburg, FL 33701. not require any action under Title II of PART 721—[AMENDED] Instructions: No comments will be the Unfunded Mandates Reform Act of posted for public viewing until after the 1995 (UMRA) (Public Law 104–4). This 1. The authority citation for part 721 comment period has closed. All proposed rule has neither Federalism continues to read as follows: comments received are a part of the implications, because it would not have Authority: 15 U.S.C. 2604, 2607, and public record and will generally be substantial direct effects on States, on 2625(c). posted to http://www.regulations.gov

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without change. All Personal Identifying amendment is available for review and shoreward of a line approximating the Information (for example, name, comment. 35–fathom (64–m) depth contour from address, etc.) voluntarily submitted by June through August; 2) reduce the Background the commenter may be publicly number of bottom longline vessels accessible. Do not submit Confidential In September 2008, NMFS released a operating in the fishery through a Business Information or otherwise report analyzing sea turtle takes by the longline endorsement provided only to sensitive or protected information. bottom longline component of the reef vessel permits with demonstrated To submit comments through the fish fishery as documented by an average annual landings of 40,000 lb Federal e-Rulemaking Portal: http:// observer program. Subsequently (18,144 kg) of reef fish taken by fish www.regulations.gov, enter ‘‘NOAA- updated in April 2009, the report traps or longlines during 1999–2007; NMFS–2008–0310’’ in the keyword indicated that the number of hardshell and 3) restrict the number of hooks that search, then check the box labeled sea turtle takes by the bottom longline may be possessed onboard each longline ‘‘Select to find documents accepting component of the Gulf reef fish fishery vessel to 1,000 hooks total, only 750 of comments or submissions’’, then select had exceeded the incidental take which may be fished or rigged for ‘‘Send a Comment or Submission.’’ estimates specified in a 2005 Biological fishing at any given time. NMFS will accept anonymous Opinion. Therefore, action was needed The Council has submitted comments (enter N/A in the required to provide protection for threatened Amendment 31 for review, approval, fields, if you wish to remain loggerhead sea turtles in compliance anonymous). Attachments to electronic and implementation by the Secretary of with the Endangered Species Act (ESA). Commerce. A proposed rule that would comments will be accepted in Microsoft To address this issue in the short-term Word, Excel, WordPerfect, or Adobe implement measures outlined in while the Council developed a long- Amendment 31 has been received from PDF file formats only. No comments term management strategy, NMFS will be posted for public viewing until the Council. In accordance with the published an emergency rule effective Magnuson-Stevens Act, NMFS is after the comment period has closed. May 18, 2009. The emergency rule Copies of Amendment 31, which evaluating the proposed rule to prohibited longline fishing for reef fish determine whether it is consistent with includes a draft environmental impact in the eastern Gulf shoreward of a line statement, an initial regulatory the FMP, the Magnuson-Stevens Act, approximating the 50–fathom depth the ESA, and other applicable law. If flexibility analysis, and a regulatory contour, and prohibited all longline impact review may be obtained from the that determination is affirmative, NMFS fishing in the eastern Gulf after the will publish the proposed rule in the Gulf of Mexico Fishery Management deep-water grouper and tilefish Council, 2203 North Lois Avenue, Suite Federal Register for public review and commercial quotas were filled. comment. 1100, Tampa, FL 33607; telephone 813– On October 16, 2009, NMFS 348–1630; fax 813–348–1711; e-mail published a rule, under the authority of Comments received by March 1, 2010, [email protected]; or may be the ESA, to replace the emergency rule. whether specifically directed to the downloaded from the Council’s website The rule prohibits bottom longline amendment or the proposed rule, will at http://www.gulfcouncil.org/. fishing in the eastern Gulf shoreward of be considered by NMFS in its decision FOR FURTHER INFORMATION CONTACT: a line approximating the 35–fathom to approve, disapprove, or partially Cynthia Meyer, telephone: 727–824– contour with a restriction of 1,000 hooks approve the amendment. Comments 5305. per vessel with no more than 750 hooks received after that date will not be SUPPLEMENTARY INFORMATION: The rigged for fishing or fished at any given considered by NMFS in this decision. Magnuson-Stevens Fishery time. The intended effect of the All comments received by NMFS on the Conservation and Management Act rulemaking is to maintain protective amendment or the proposed rule during (Magnuson-Stevens Act) requires each measures for loggerhead sea turtles as their respective comment periods will Regional Fishery Management Council well as to maintain a viable bottom be addressed in the final rule. to submit any fishery management plan longline fleet pending the Authority: 16 U.S.C. 1801 et seq. or amendment to NMFS for review and implementation of Amendment 31 or Dated: December 24, 2009. approval, disapproval, or partial alternative long-term mitigation approval. The Magnuson-Stevens Act measures. Alan D. Risenhoover, also requires that NMFS, upon receiving Specifically, Amendment 31 would Director, Office of Sustainable Fisheries, a plan or amendment, publish an modify the FMP to: 1) prohibit the use National Marine Fisheries Service. announcement in the Federal Register of bottom longline gear in the reef fish [FR Doc. E9–31068 Filed 12–30–09; 8:45 am] notifying the public that the plan or fishery east of Cape San Blas, Florida, BILLING CODE 3510–22–S

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Notices Federal Register Vol. 74, No. 250

Thursday, December 31, 2009

This section of the FEDERAL REGISTER Idaho. The area supports many species 3. The size of harvest openings contains documents other than rules or of wildlife and fish. Most of the project created by even-aged silvicultural proposed rules that are applicable to the area is within the Cabinet-Yaak Grizzly (regeneration harvest) in the Northern public. Notices of hearings and investigations, Bear Recovery zone. A separate Region will be normally 40 acres or less. committee meetings, agency decisions and population of bull trout inhabits the Creation of larger openings requires 60- rulings, delegations of authority, filing of petitions and applications and agency Lake Creek watershed. day public review and Regional Forester statements of organization and functions are The purpose and need for this project approval (FSM 2471.1). There is examples of documents appearing in this is to: (1) Contribute to the supply of the potential that Units 12, 12A, and 14 section. timber in the area by recovering would create an opening greater than 40 economically valuable wood products acres. using timber harvest strategies that: (a) 4. Fuels reduction along open travel DEPARTMENT OF AGRICULTURE Manage characteristic vegetation routes is proposed on approximately patterns, stand structure, patch sizes, 216 acres. This includes approximately Forest Service and species composition, while 207 acres of slashing with hand piling reducing stand vulnerability to insects and 9 acres of excavator piling. Sparring Bulls EIS; Kootenai National and diseases; (b) Reduce existing fuel 5. Prescribed burning, is proposed on Forest, Lincoln County, MT loadings and stand densities, and approximately 3,820 acres to accentuate AGENCY: Forest Service, USDA. promote fire resilient conditions to existing openings, with a Maximum Allowable Area of approximately 8,016 ACTION: Notice of intent to prepare an allow for future use of fire as a identified to allow for some movement environmental impact statement. management tool; and (c) Enhance visual resources as seen from critical of fire outside the ignition zone. Low to SUMMARY: The Forest Service will viewpoints. (2) Increase forage habitat moderate intensity fire would be prepare an Environmental Impact for big-game and grizzly bears using expected within the ignition zones, with statement (EIS) to disclose the timber harvest and prescribed fire, low intensity fire expected outside that environmental effects of commercial including maintaining huckleberry zone. 6. Approximately 40 miles of road and non-commercial vegetation fields over time for wildlife forage and would be stabilized to reduce sediment management, prescribed burning, and public use. (3) Reduce hazardous ladder delivery to streams. This includes watershed improvement activities fuels, surface fuels, and canopy removing wood/log or old metal stream which include intermittent stored densities in the vicinity of private crossing structures, installing waterbars, service work or decommissioning of property and associated access routes to and/or removing unstable fill material. system roads. Access management provide for public and firefighter safety. Of this 40 miles, approximately 36 miles changes and other design features are (4) Reduce sediment delivery and risk of were identified in the Travel Analysis as also included to protect resources and road failures in bull trout watersheds. needed for long-term management of the facilitate management activities. The To meet this purpose and need this project is located in the Lake and Spar National Forest so would be put in project proposes: intermittent stored service; planning subunits on the Three Rivers 1. Approximately 700 acres of Ranger District, Kootenai National approximately 4 miles identified as not intermediate harvest and 710 acres of needed would be decommissioned. All Forest, Lincoln County, Montana, south regeneration harvest. Approximately of Troy, Montana. road decommissioning and intermittent half of the harvest would be tractor stored service work is proposed on Scoping Comment Date yarded and half skyline yarded. This roads currently closed to motor vehicle harvest would contribute approximately Comments concerning the scope of access. Coordination with recreational 8 million board feet (MMBF) or 16 users (snowmobiles, mountain bikers, the analysis must be received within 30 hundred cubic feet (CCF) of timber days from the date of publication in the hikers, and stock users) would be products to the economy, and result in ongoing through analysis and Federal Register. Comments should be employment associated with timber mailed to: Mike Herrin; District Ranger, implementation to maintain popular sales and service contracts. Unit 13, an access routes. These activities and the Three Rivers Ranger District; 12858 U.S. 11-acre unit, lies within the Cabinet Hwy 2; Troy, MT 59935, or e-mail: Best Management Practices work will Face West #670 Inventoried Roadless require an SPA 124/318 permit from the comments-northern-kootenai-three- Area (IRA), and is included in this [email protected]. Montana Department of Environment proposal for urban interface fuels Quality and a Nationwide 404 Permit FOR FURTHER INFORMATION CONTACT: reduction. This unit borders U.S. from the Army Corps of Engineers. Contact Timory Peel, Project Team Highway 56 and is adjacent to a 7. Design features and mitigations are Leader, Three Rivers Ranger District, restaurant and tavern, and several included to maintain and protect 12858 U.S. Hwy 2, Troy, MT 59935. residences. resource values. Phone: (406) 295–4693. 2. It is estimated that four temporary SUPPLEMENTARY INFORMATION: The roads totaling less than one mile would Range of Alternatives project area is south of Troy, Montana, be utilized to accomplish this harvest The Forest Service will consider a in the Lake Creek watershed. The legal and would be obliterated following range of alternatives. One of these will description includes Townships 28–31 activities. Approximately 71 miles of be the ‘‘no action’’ alternative in which North, Ranges 33–35 West, Lincoln haul road would have State Best none of the proposed activities will be County, Montana, and Township 57–58 Management Practices applied for water implemented. Preliminary analysis North, Range 3 East, Bonner County, quality protection. identified two issues with the proposed

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action: (1) Effects to Big Game Habitat Agency’s preparation of the EIS. The planning area is all within public and (2) Mechanical Equipment in the Therefore, comments should be lands managed by the Deschutes IRA. An alternative responding to these provided prior to the close of the National Forest. An analysis has been issues would be included in the comment period and should clearly initiated that takes a landscape analysis. Additional alternatives may be articulate the reviewer’s concerns and approach to managing the vegetation to included to respond to the scoping contentions. The submission of timely meet objectives for resilient forest, fuels issues and other resource values. and specific comments can affect a and fire behavior, and wildlife habitat. reviewer’s ability to participate in Methods that would be used to reduce Public Involvement and Scoping subsequent administrative review or tree density and hazardous fuels are: The public is encouraged to take part judicial review. Comments received in Non-commercial and commercial in the process and to visit with Forest response to this solicitation, including thinning, mechanical shrub treatment, Service officials at any time during the names and addresses of those who and prescribed burning. The alternatives analysis and prior to the decision. The comment, will be part of the public will include the proposed action, no Forest Service has sought and will record for this proposed action. action, and, if necessary, additional continue seeking information, Comments submitted anonymously will alternatives that respond to issues comments, and assistance from Federal, be accepted and considered; however, generated through the scoping process. State, and local agencies, Tribal anonymous comments will not provide The agency will give notice of the full governments, and other individuals or the respondent with standing to environmental analysis and decision- organizations that may be interested in, participate in subsequent administrative making process so interested and or affected by, the proposed action. It is review or judicial review. affected public may participate and expected that formal consultation with contribute to the final decision. Responsible Official the U.S. Fish and Wildlife Service will DATES: Comments concerning the scope occur for this project regarding the Paul Bradford, Forest Supervisor of of the analysis must be received by 30 potential impacts to endangered species. the Kootenai National Forest, 31374 days following the date that this notice This input will be used in preparation U.S. Highway 2, Libby, MT 59923-3022, appears in the Federal Register. of the draft and final EIS. The scoping is the Responsible Official for this ADDRESSES: Send written comments to process includes: project. The Responsible Official Shane Jeffries, District Ranger, Bend- 1. Identifying potential issues. decides if the proposed project will be Fort Rock Ranger District, Red Oaks 2. Identifying major issues to be implemented, and documents the Square, 1230 NE. Third Street Suite analyzed in depth. decision and reasons for the decision in A–262, Bend, Oregon 97701. 3. Identifying alternatives to the the Record of Decision. The FOR FURTHER INFORMATION CONTACT: proposed action. Beth responsibility for preparing the DEIS Peer, Environmental Coordinator, Bend- 4. Exploring additional alternatives and FEIS is delegated to Mike Herrin, that will be derived from issues Fort Rock Ranger District, Red Oaks District Ranger, Three Rivers Ranger Square, 1230 NE. Third Street Suite A– recognized during scoping activities. District. 5. Identifying potential environmental 262, Bend, Oregon 97701, phone (541) effects of this proposal (i.e., direct, Dated: December 18, 2009. 383–4769. indirect, and cumulative effects and C. Quinn Carver, Responsible Official: The responsible connected actions). Acting for Forest Supervisor Paul Bradford, official is John Allen, Forest Supervisor, Kootenai National Forest. Deschutes National Forest, 1001 SW. Estimated Dates for Filing [FR Doc. E9–30740 Filed 12–30–09; 8:45 am] Emkay Dr., Bend, OR 97701. The draft EIS is expected to be filed BILLING CODE 3410–11–M SUPPLEMENTARY INFORMATION: with the Environmental Protection Background. This Central Oregon agency (EPA) and to be available for landscape is a priority for restoration. public review in February 2010. At that DEPARTMENT OF AGRICULTURE There are many high-value areas within time EPA will publish a Notice of and adjacent to the project area: Paulina Availability of the draft EIS in the Forest Service Creek which bisects the planning area from east to west is eligible for the Federal Register. The comment period Bend/Ft. Rock Ranger District; National Wild and Scenic Rivers on the draft EIS will be 45 days from the Deschutes National Forest; Deschutes System; popular sites such as McKay, date the EPA publishes the Notice of County, OR; Ogden Landscape Ogden, and Prairie Campgrounds and Availability in the Federal Register. It is Vegetation Management Project EIS very important that those interested in the Peter Skeen Ogden National Scenic the management of this area participate AGENCY: Forest Service, USDA. Trail provide diverse opportunities for at that time. ACTION: Notice of intent to prepare an recreation; and the primary access into The final EIS is scheduled to be environmental impact statement. and out of Newberry Crater and the completed in April 2010. In the final Newberry National Monument passes EIS, the Forest Service is required to SUMMARY: The USDA, Forest Service, through the project area. The project respond to comments and responses will prepare an environmental impact area also provides habitat for goshawk received during the comment period statement (EIS) on a proposed action to and other Management Indicator that pertain to the environmental promote development of large tree Species. High fuel loads and the consequences discussed in the draft EIS structural conditions and to improve presence of ladder of fuels puts these and to applicable laws, regulations, and forest health and fuel conditions within areas at risk to a large scale wildfire. policies considered in making a the 26,500-acre Ogden Landscape The amount of late and old structure decision regarding the proposal. planning area. The planning area is ponderosa pine is far below the historic located to the west of and adjacent to range of variability. A majority of the Reviewer’s Obligations the Newberry National Volcanic planning area is second-growth It is important that reviewers provide Monument and to private lands to the ponderosa pine, which has grown in their comments at such times and in east of State Highway 97, south of Forest following historic logging in the 1920s such a way that they are useful to the road 9735 and north of Forest road 22. to 1940s. Portions of the area have been

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thinned dating from the 1960s to as strategically located across the area to of the final EIS may be waived or recently as 2009. In thinned and break up fuel continuity. dismissed by the courts [City of Angoon unthinned areas, tree growth is Issues. Preliminary issues include the v. Harris, 490 F. Supp. 1334, 1338 (E.D. increasing stand density relative to potential effect of the proposed action Wis. 1980)]. Because of these court stocking capacity of the site. Densities on cultural resources, developed and rulings, it is very important that those are affecting tree diameter growth and dispersed recreation, noxious weeds, air interested in this proposed action creating conditions favorable for quality, and wildlife habitat. participate by the close of the 45-day mountain pine beetle attack. In some Comment. Public comments regarding comment period so that substantive cases, lodgepole has been established this proposal are requested in order to comments and objections are made and is adversely affecting the growth of assist in identifying issues, determine available to the Forest Service at a time ponderosa pine. There are also areas of how to best manage the resources, and when it can meaningfully consider them pure lodgepole pine that are either to focus the analysis. Comments and respond to them in the final EIS. received to this notice, including names mature stands, or have been regenerated To assist the Forest Service in in the recent past. Mixed conifer stands and addresses of those who comment, will be considered part of the public identifying and considering issues and are a smaller component of the concerns on the proposed action, landscape and are primarily ponderosa record on this proposed action and will be available for public inspection. comments on the draft EIS should be as pine with a mix of lodgepole pine and specific as possible. It is also helpful if white fir. Comments submitted anonymously will be accepted and considered; however, comments refer to specific pages or Purpose and Need. The general chapters of the draft statement. purpose of entering the project area is to those who submit anonymous comments will not have standing to Comments may also address the move the area towards a more resilient adequacy of the draft EIS of the merits landscape and provide a diversity of appeal the subsequent decision in accordance with 36 CFR parts 215 and of the alternatives formulated and habitats closer to what historically discussed in the statement. Reviewers occurred. There is a need to reduce 217. Additionally, pursuant to 7 CFR 1.27(d), any person may request the may wish to refer to the Council on forest vegetation density and fuels to agency to withhold a submission from Environmental Quality Regulations for increase resilience to insects, disease, the public record by showing how the implementing the procedural provisions and stand-replacing fire, and to increase Freedom of Information Act (FOIA) of the National Environmental Policy the proportion of LOS ponderosa pine. permits such confidentiality. Persons Act at 40 CFR 1503.3 in addressing Currently, values associated with the requesting such confidentiality should these points. landscape are susceptible to a wide- be aware that, under FOIA, scale disturbance. The Deschutes In the final EIS, the Forest Service is confidentiality may be granted in only National Forest Land and Resource required to respond to substantive very limited circumstances, such as to Management Plan supports proactive comments received during the comment protect trade secrets. The Forest Service maintenance and enhancing the vigor of period for the draft EIS. The Forest will inform the requester of the agency’s Service is the lead agency and the the forest in preventing a stand decision regarding the request for replacement event rather than waiting. responsible official is the Forest confidentiality, and where the request is Supervisor, Deschutes National Forest. There is a need to contribute to the denied, the agency will return the The responsible official will decide local and regional economies by submission and notify the requester that where and whether or not to apply providing timber and other wood fiber the comments may be resubmitted with natural fuels treatments, thin stands, products and associated jobs. The or without name and address within a and reforest group cuts. The responsible Deschutes National Forest Land and specified number of days. official will also decide how to mitigate Resource Management Plan supports A draft EIS will be filed with the impacts of these actions and will management of timber resources and Environmental Protection Agency (EPA) determine when and how monitoring of recognizes the value in a way that is and available for public review by effects will take place. consistent with other resource October 2010. The EPA will publish a objectives, environmental constraints, Notice of Availability (NOA) of the draft The Ogden Landscape Vegetation and economic efficiency. EIS in the Federal Register. The final Management decision and the reasons Proposed Action. The Forest Service EIS is scheduled to be available for the decision will be documented in proposes to implement activities across February 2011. the record of decision, which will be approximately 14,600 acres within the The comment period on the draft EIS subject to Forest Service Appeal Ogden Landscape. Treatments will be 45 days from the date the EPA Regulations (35 CFR Part 215). (commercial and non-commercial publishes the notice of availability in Dated: December 18, 2009. thinning) will provide a diversity of the Federal Register. John Allen, habitat structures that are more in line The Forest Service believes, at this Forest Supervisor, Deschutes National Forest. with historical conditions. Thinning early stage, it is important to give [FR Doc. E9–30744 Filed 12–30–09; 8:45 am] will maintain large trees that are present reviewers notice of several court rulings and encourage the development of late related to public participation in the BILLING CODE 3410–11–M and old structure characteristics in environmental review process. First, stands where not currently present. reviewers of a draft EIS must structure DEPARTMENT OF AGRICULTURE Shrub mowing will reduce surface and their participation in the environmental ladder fuels and allow fire to be used as review of the proposal so that it is Forest Service an ecological restoration tool. Prescribed meaningful and alerts an agency to the fire will be applied in the fire- reviewer’s position and contentions Klamath National Forest, CA, Johnny dependent ecosystems to reduce fuels, [Vermont Yankee Nuclear Power Corp. O’Neil Late-Successional Reserve maintain habitat, and allow fire to v. NRDC, 435 U.S. 519, 553 (1978)]. (LSR) Habitat Restoration and Fuel perform its natural ecological function. Also, environmental objections that Reduction Project Treatments are designed to address the could be raised at the draft EIS stage but objectives for each stand type and are that are not raised until after completion AGENCY: Forest Service, USDA.

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ACTION: Notice of intent to prepare an toward more ecologically resilient small trees and shrubs). Some of these environmental impact statement. conditions that can better support plantations are within riparian reserves. desirable late-successional attributes Plantations proposed for treatment were SUMMARY: The Klamath National Forest and habitat, and reduce the likelihood planted to Douglas-fir and/or ponderosa will prepare an environmental impact of large, damaging high-severity pine approximately 20 to 50 years ago. statement (EIS) on a proposal to wildfires. This project is proposed They are dense, even-aged, and single- promote the development of late- under the direction of Section 7(a)(1) of story. Thinning would aim to increase successional habitat, retain existing the Endangered Species Act that directs growth and vigor of healthy trees, large trees, and reduce the risk of large, federal agencies to carry out programs increase structural diversity and break high severity wildfires to move toward for the conservation of threatened and up fuel continuity within these young more ecologically resilient conditions endangered species. The Forest Service stands. on approximately 7,245 acres of the is also directed to conduct habitat Johnny O’Neil LSR. This project is Thinning in Unmanaged (Natural) restoration and enhance protection from proposed under the authority of the Stands stand replacing wildfire by the Healthy Healthy Forest Restoration Act of 2003. Forest Restoration Act, the Northwest About 1,000 acres in the project are The project is located in portions of the Forest Plan as incorporated in the unmanaged or minimally managed in Johnny O’Neil LSR north of the Klamath Klamath National Forest Land and terms of timber harvest. Some of these River in the Lower Horse Creek, Middle/ Resource Management Plan (LRMP) of acres are within riparian reserves. Horse Creek and Salt Gulch sub- 1995, and the National Fire Plan. The Thinning would reduce competition watersheds of the McKiimey Horse need for action in the project area between trees, thereby reducing stress watershed. These sub-watersheds on large old trees, increasing growth and include habitat for anadromous fish and primarily results from changes in fire regimes over the last century. Fire vigor of mid-successional trees, and streams are listed as 3 03(d) impaired reducing or removing ‘‘ladder fuels’’. under the Clean Water Act. The legal suppression over the last century, combined with past vegetation The removal of trees greater than 20 description of the proposed project area inches in diameter at breast height of the Mt. Diablo Base Meridian is: management in the Johnny O’Neil area, has resulted in a landscape dominated (DBH) would occur only in limited T41N, R11W, Sections 15, 22–27, and instances for site-specific purposes; 34–36; T47N, R1OW, Sections 20 and by denser, young and mid-successional forests that are lacking structural removal of these trees would be the 30; T46N, R11W, Sections 1–3 and 10– exception rather than the rule. 15; and T46N, R1OW, Sections 6 and diversity. The Johnny O’Neil LSR is 18. located in an area of high concentration Fuel Reduction Treatments of lightning strikes, but few fires have About 5,000 acres are proposed to be DATES: The comment period on the occurred in this LSR since the 1930s. proposed action will extend 30 days treated by underburning only, and about Without the influence of fire to create 1,400 acres by underburning combined from the date the Notice of Intent is and maintain stand diversity, many of published in the Federal Register. The with mechanical thinning. In addition, the stands within the Johnny O’Neil about 700 acres of mastication would draft EIS is expected to be completed by LSR are unlikely to develop into September 2010, and the final EIS is occur, primarily near private property functional late-successional habitat due where prescribed fire is not considered expected to be completed by March to factors associated with inter-tree 2011. appropriate. Prescribed fire would competition and lower resilience to decrease surface and ladder fuels in ADDRESSES: Send written comments to: mixed-severity fires. Approximately 76 strategic locations such as major ridges, Patricia A. Grantham, Forest Supervisor, percent of the Johnny O’Neil LSR within thinning units and within un- Klamath National Forest, 1312 Fairlane currently is in early or mid-successional treated stands. Combined, these efforts Road, Yreka, California 96097, ATTN: stages, and about 20 percent is in late- would contribute to protecting the larger Johnny O’Neil LSR Team Leader. successional stages. blocks of late-successional habitat and Electronic comments, in acceptable Proposed Action increasing the landscape’s resilience to plain text (.txt), rich text (.rtf), or Word severe wildfires, and return fire to the (.doc) may be sent via e-mail to Habitat Restoration ecological system. Fuel treatments will comments- Restoration treatments include the occur in some riparian reserves that [email protected] with combination of tree thinning and need this treatment. Subject: Johnny O’Neil LSR Restoration, prescribed fire. All thinning will Harvest Methods, Yarding Methods, or via facsimile to 530–841–4571. deliberatively vary spacing between and Temporary Road Construction: FOR FURTHER INFORMATION CONTACT: Tim trees (variable density thinning) to ‘‘Harvesting’’ refers to tree-cutting Burnett, Happy Camp and Oak Knoll create more structurally diverse stands. methods. ‘‘Yarding’’ refers to tree Ranger Districts, Klamath National Prescribed fire will mimic low-intensity removal methods once the trees have Forest, Happy Camp, California 96039. wildfires. Insect outbreaks that can been cut. In stands that are to be yarded Phone: 530–493–2243. Individuals who affect dense stands of trees are currently using cable systems, mechanical use telecommunication devices for the not an issue in this landscape; however, harvesters (also known as ‘‘feller- deaf (TDD) may call the Federal treatments proposed would reduce the bunchers’’) may operate on slopes less Information Relay Service (FIRS) at potential of these occurring at large than 50%. Mechanical harvesters would 1–800–877–8339 between 8 a.m. and 8 scales. The proposal is summarized as only operate straight up and down fall p.m., Eastern Time, Monday through follows: lines with no mid-slope turning. In Friday. stands that are to be yarded using Thinning in Plantations SUPPLEMENTARY INFORMATION: ground-based methods such as rubber- Approximately 1,100 acres of tired skidders, mechanical harvesters Purpose and Need for Action thinning are proposed within may operate on slopes less than 45%. In The purpose of the Johnny O’Neil LSR plantations of which approximately 700 general, skidding would be limited to Habitat Restoration and Fuel Reduction acres would be thinned using slopes less than 35%. On slopes greater Project is to move the project area mastication (cutting and shredding of than those stated above, trees would be

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hand-cut. About 870 acres of ground- participate in the pre-decisional Dated: December 18, 2009. based yarding and 440 acres of cable objection process under the 36 CFR part Patricia A. Grantham, yarding have been identified. The 218 regulations. Forest Supervisor. majority of the project area includes Comment Requested [FR Doc. E9–31052 Filed 12–30–09; 8:45 am] existing roads that can be used to BILLING CODE 3410–11–M accomplish proposed activities. About This Notice of Intent initiates the two miles of temporary roads would be scoping process which guides the constructed. Some new landings may be development of the environmental DEPARTMENT OF AGRICULTURE required. impact statement. Early Notice of Importance of Public Forest Service Responsible Official Participation in Subsequent Patricia A. Grantham, Forest Environmental Review: A draft EIS will Ketchikan Resource Advisory Supervisor, Klamath National Forest, be prepared for comment. The comment Committee 1312 Fairlane Road, Yreka, CA 96097. period on the draft EIS will be 45 days AGENCY: Forest Service, USDA. Nature of Decision To Be Made from the date the EPA publishes the ACTION: Notice of meeting. notice of availability in the Federal The responsible official will decide Register. SUMMARY: The Ketchikan Resource whether to adopt and implement the At this early stage, it is important to Advisory Committee will meet in proposed action, an alternative to the give reviewers notice of several court Ketchikan, Alaska, January 20, 2010. proposed action, or take no action to rulings related to public participation in The purpose of this meeting is to make changes to existing conditions in the environmental review process. First, discuss potential projects under the the Johnny O’Neil Late-Successional reviewers of draft EISs must structure Secure Rural Schools and Community Reserve. their participation in the environmental Self-Determination Act of 2008. Scoping Process review of the proposal so that it is DATES: The meeting will be held January Public participation will be especially meaningful and alerts an agency to the 20, 2010 at 6 p.m. important at several points during the reviewer’s position and contentions. ADDRESSES: The meeting will be held at analysis. The Forest Service will be Vermont Yankee Nuclear Power Corp. v. the Ketchikan Misty Fiords Ranger seeking information, comments, and NRDC, 435 U.S. 519. 553 (1978). Also, District Office, 3031 Tongass Avenue, assistance from federal, state, and local environmental objections that could be Ketchikan, Alaska. Send written agencies and other individuals or raised at the draft EIS stage but that are comments to Ketchikan Resource organizations who may be interested in not raised until after completion of the Advisory Committee, c/o District or affected by the proposed action. final EIS may be waived or dismissed by Ranger, USDA Forest Service, 3031 Members of the Johnny O’Neil Team the courts. City of Angoon v. Hodel, 803 Tongass Ave., Ketchikan, AK 99901, or have been meeting informally with F.2d 1016, 1022 (9th Cir. 1986) and electronically to Diane Daniels, RAC interested individuals, adjacent Wisconsin Heritages, Inc. v. Harris, 490 Coordinator at [email protected]. landowners and residents, and F. Supp. 1334, 1338 (E.D. Wis. 1980). FOR FURTHER INFORMATION CONTACT: organizations to discuss the need for Because of these court rulings, it is very Diane Daniels, RAC Coordinator treatment of the Johnny O’Neil LSR and important that those interested in this Ketchikan-Misty Fiords Ranger District, various possible ways to treat the area. proposed action participate by the close Tongass National Forest, (907) 228– The draft EIS is expected to be filed of the 45-day comment period so that 4105. with the Environmental Protection comments and objections are made SUPPLEMENTARY INFORMATION: The Agency (EPA) and to be available for available to the Forest Service at a time meeting is open to the public. public review by November 2010. EPA when it can meaningfully consider them Committee discussion is limited to will publish a notice of availability of and respond to them in the final EIS. Forest Service staff and Committee the draft EIS in the Federal Register. To assist the Forest Service in members. However, public input The comment period on the draft EIS identifying and considering issues and opportunity will be provided and will extend 45 days from the date the concerns on the proposed action, individuals will have the opportunity to EPA notice appears in the Federal comments on the draft EIS should be as address the Committee at that time. Register. At that time, copies of the draft specific as possible. It is also helpful if EIS will be distributed to interested and comments refer to specific pages or Dated: December 18, 2009. affected agencies, organizations, and chapters of the draft EIS. Comments Forrest Cole, members of the public for their review may also address the adequacy of the Forest Supervisor. and comment. It is very important that draft EIS or the merits of the alternatives [FR Doc. E9–30745 Filed 12–30–09; 8:45 am] those interested in the management of formulated and discussed in the BILLING CODE 3410–11–M the Klamath National Forest participate statement. Reviewers may wish to refer at that time. to the Council on Environmental The final EIS is scheduled to be Quality Regulations for implementing DEPARTMENT OF AGRICULTURE completed in March 2011. In the final the procedural provisions of the EIS, the Forest Service will respond to National Environmental Policy Act at 40 Forest Service comments received during the comment CFR 1503.3 in addressing these points. period that are: Within the scope of the Comments received, including the Notice of Southwest Idaho Resource proposed action; specific to the names and addresses of those who Advisory Committee Meeting proposed action; have a direct comment, will be considered part of the AGENCY: Forest Service, USDA. public record on this proposal and will relationship with the proposed action; ACTION: Notice of meeting. and include supporting reasons for the be available for public inspection. responsible official to consider. Authority: 40 CFR 1501.7 and 1508.22; SUMMARY: Pursuant to the authorities in Submission of comments to the draft Forest Service Handbook 1909.15, Section the Federal Advisory Committee Act EIS is a prerequisite for eligibility to 21. (Pub. L. 92–463) and under the Secure

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Rural Schools and Community Self- Highway, Gary; Site 4: (50 acres) located Board) by the Piedmont Triad Determination Act of 2000, as amended, at 700 Chase Street, Gary (expires 6/30/ Partnership, grantee of FTZ 230, (Pub. L. 110–343), the Boise and Payette 10); Site 5: (152,548 sq. ft.) located at requesting special-purpose subzone National Forests’ Southwest Idaho 240 Waite Street, Gary (expires 9/1/10); status for the upholstered furniture Resource Advisory Committee will and, Site 6: (277,455 sq. ft.) located at manufacturing facilities of Klaussner conduct a business meeting. The 425 W. 151st Street, East Chicago, Home Furnishings (KHF) located in meeting is open to the public. Indiana (expires 9/1/10). Asheboro and Candor, North Carolina. DATES: Thursday, February 11, 2010, The applicant is now requesting The application was submitted pursuant beginning at 10:30 a.m. authority to expand the general-purpose to the provisions of the Foreign-Trade zone by permanently including the 50 Zones Act, as amended (19 U.S.C. 81a– ADDRESSES: Idaho Counties Risk acres located at Site 4, returning 50 81u), and the regulations of the Board Management Program Building, 3100 acres to Site 3 and permanently (15 CFR part 400). It was formally filed South Vista Avenue, Boise, Idaho. including the 152,548 sq. ft. located at on December 16, 2009. SUPPLEMENTARY INFORMATION: Agenda Site 5. The KHF facilities (800 employees) topics will include review and approval No specific manufacturing authority consist of three sites: Site 1— of project proposals, and is an open is being requested at this time. Such manufacturing plant and warehouse public forum. requests would be made to the Board on (77.5 acres) located at 405 Lewallen FOR FURTHER INFORMATION CONTACT: Dale a case-by-case basis. Road, Asheboro; Site 2—manufacturing Olson, Designated Federal Official, at In accordance with the Board’s plant and warehouse (76.4 acres) (208) 347–0300 or e-mail regulations, Claudia Hausler of the FTZ located at 4400 Highway 220 Business [email protected]. Staff is designated examiner to evaluate South, Asheboro; and, Site 3— and analyze the facts and information Dated: December 18, 2009. manufacturing plant (52.5 acres) located presented in the application and case at 468 East Main Street in the town of Suzanne C. Rainville, record and to report findings and Candor, North Carolina. The facilities Forest Supervisor, Payette National Forest. recommendations to the Board. are used to manufacture and distribute [FR Doc. E9–30746 Filed 12–30–09; 8:45 am] Public comment is invited from upholstered furniture (up to 1 million BILLING CODE 3410–11–M interested parties. Submissions (original sofas, sleep sofas, and recliners and 3 copies) shall be addressed to the combined annually) as well as cut and Board’s Executive Secretary at the cut-and-sewn upholstery covering sets DEPARTMENT OF COMMERCE address below. The closing period for for the U.S. market and export. The their receipt is March 1, 2010. Rebuttal application proposes that KHF utilize Foreign-Trade Zones Board comments in response to material foreign-origin ‘‘micro-denier suede’’ [Docket 56–2009] submitted during the foregoing period fabric to be transformed into furniture may be submitted during the subsequent upholstery covering sets under FTZ Foreign-Trade Zone 152—Burns 15-day period to March 16, 2010. procedures. The finished upholstery Harbor, IN; Application for A copy of the application will be covering sets (HTSUS 9401.90.5020; Reorganization/Expansion available for public inspection at the duty free) would then be assembled into Office of the Executive Secretary, finished chairs, seats, sofas, sleep sofas, An application has been submitted to Foreign-Trade Zones Board, Room 2111, and sectionals manufactured by KHF the Foreign-Trade Zones Board (the U.S. Department of Commerce, 1401 facilities in North Carolina and Iowa. Board) by the Ports of Indiana, grantee Constitution Avenue, NW., Washington, The proposed scope of authority of Foreign-Trade Zone 152, requesting DC 20230–0002, and in the ‘‘Reading under FTZ procedures would only authority to reorganize/expand its zone Room’’ section of the Board’s Web site, involve duty savings on foreign-origin, in the Burns Harbor, Indiana area, which is accessible via http:// micro-denier suede fabrics (classified within the Chicago Customs and Border www.trade.gov/ftz. under HTSUS Headings 5407, 5512, Protection port of entry. The application For further information, contact 5515, 5516, 5903, 5906, 6001, 6005, was submitted pursuant to the Claudia Hausler at 6006; duty rate range: 2.7–17.2%) provisions of the Foreign-Trade Zones [email protected] or (202) finished with a caustic soda wash Act, as amended (19 U.S.C. 81a–81u), 482–1379. process, which the applicant indicates and the regulations of the Board (15 CFR Dated: December 16, 2009. are not produced by U.S. mills. The Part 400). It was formally filed on Andrew McGilvray, application indicates that KHF does not December 14, 2009. Executive Secretary. seek FTZ benefits on any of the other FTZ 152 was approved by the Board foreign fabrics used in production at the [FR Doc. E9–30527 Filed 12–30–09; 8:45 am] on December 9, 1988 (Board Order 393, facilities (i.e., full duties would be paid 53 FR 52454, 12/28/88) and expanded BILLING CODE 3510–DS–M on all such fabrics). All other material on March 9, 1992 (Board Order 563, 57 inputs used in production would be FR 9103, 3/16/92) and September 16, DEPARTMENT OF COMMERCE domestic status. 1993 (Board Order 654, 58 FR 50330, 9/ FTZ procedures could exempt KHF 27/93). The general-purpose zone Foreign-Trade Zones Board from customs duty payments on the currently consists of six sites in the foreign micro denier suede fabric used Burns Harbor/Gary, Indiana area: Site 1: [Docket 59–2009] in export production. On micro-denier (533,288 sq. ft.) located at 201 Foreign-Trade Zone 230—Greensboro, suede fabric used in production for the Mississippi Street, within the Great North Carolina Application for U.S. market, KHF could elect the Lakes Industrial Center, Gary; Site 2: Subzone Klaussner Home Furnishings finished upholstery cover (i.e., furniture (441 acres) within the Port of Indianal/ (Upholstered Furniture) Asheboro and part) duty rate (free) after the foreign Burns International Harbor, Porter Candor, NC fabric has been manufactured into cut or County, Indiana; Site 3: (330 acres) cut-and-sewn upholstery covering sets, within the Gary Regional Airport An application has been submitted to at which time they are entered for Complex located at 6001 West Industrial the Foreign-Trade Zones Board (the consumption from the proposed

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subzone. KHF would also have the Resource Management, National Ocean The reserve announced a thirty day option to elect the finished furniture Service, National Oceanic and public comment period in the Asbury duty rate (free) for the subject fabric Atmospheric Administration (NOAA), Park Press on October 16, 2009. No when the finished furniture is entered U.S. Department of Commerce has comments were received. This change is for domestic consumption. The approved the Jacques Cousteau National attributable to the acquisition of four application indicates that the savings Estuarine Research Reserve parcels within the Mullica River from FTZ procedures would help Management Plan Revision. watershed through a partnership with improve the facilities’ international The Jacques Cousteau National New Jersey Conservation Foundation. competitiveness. Estuarine Research Reserve consists of The acquisition of Bear Creek Preserve In accordance with the Board’s public lands within the Mullica River- (100 acres), Hanselman Preserve (57 regulations, Pierre Duy of the FTZ Staff Great Bay watershed of New Jersey and acres), Rudolph Property (31 acres), and is designated examiner to evaluate and managed by a variety of local, state, and Lee Property (20 acres) provides analyze the facts and information federal agencies. The site was additional buffer areas (mixed pitch presented in the application and case designated as the Jacques Cousteau pine-scrub oak upland, Atlantic white record and to report findings and National Estuarine Research Reserve in cedar forest) for key land and water recommendations to the Board. Public 1998 pursuant to Section 315 of the areas (salt marsh flats, tidal wetlands). Coastal Zone Management Act of 1972, comment is invited from interested FOR FURTHER INFORMATION CONTACT: parties. Submissions (original and 3 as amended, 16 U.S.C. 1461. The reserve Michael Migliori at (301) 563–1126 or has been operating in partnership with copies) shall be addressed to the Board’s Laurie McGilvray at (301) 563–1158 of the Institute of Marine and Coastal Executive Secretary at the following NOAA’s National Ocean Service, Sciences of Rutgers, the State University address: Office of the Executive Estuarine Reserves Division, 1305 East- of New Jersey under a management plan Secretary, Room 2111, U.S. Department West Highway, N/ORM5, 10th floor, approved in 1997. Pursuant to 15 CFR of Commerce, 1401 Constitution Silver Spring, MD 20910. For copies of Section 921.33(c), a state must revise Avenue, NW., Washington, DC 20230– the Jacques Cousteau Management Plan their management plan every five years. 0002. The closing period for receipt of revision, visit http://www.jcnerr.org/. comments is March 1, 2010. Rebuttal The submission of this plan fulfills this comments in response to material requirement and sets a course for Donna Wieting, submitted during the foregoing period successful implementation of the goals Acting Director, Office of Ocean and Coastal may be submitted during the subsequent and objectives of the reserve. A Resource Management, National Oceanic and 15-day period to March 16, 2010. boundary expansion and land Atmospheric Administration. A copy of the application will be conservation initiative, new facilities, [FR Doc. E9–31069 Filed 12–30–09; 8:45 am] available for public inspection at the and updated programmatic objectives BILLING CODE 3510–08–M Office of the Foreign-Trade Zones are notable revisions to the 1997 Board’s Executive Secretary at the approved management plan. address listed above and in the The revised management plan DEPARTMENT OF COMMERCE ‘‘Reading Room’’ section of the Board’s outlines the administrative structure; website, which is accessible via http:// the research, coastal training, education International Trade Administration www.trade.gov/ftz. For further and outreach, and stewardship goals of the reserve; and the plans for future Request for Comments on Priorities information, contact Pierre Duy at for the Transatlantic Innovation [email protected] or (202) 482–1378. land acquisition and facility development to support reserve Dialogue Dated: December 16, 2009. operations. This management plan Andrew McGilvray, AGENCY: International Trade describes how the reserve will focus on Administration, Department of Executive Secretary. three key coastal management issues: Commerce. [FR Doc. E9–30526 Filed 12–30–09; 8:45 am] Nutrient inputs into coastal waters; ACTION: Notice and request for BILLING CODE 3510–DS–M human alteration of habitat and water quality; and effects of climate change on comments. coastal and estuarine systems. SUMMARY: The International Trade DEPARTMENT OF COMMERCE Since 1997, the reserve has completed Administration is seeking comments on a site profile that characterizes the priorities for the Transatlantic National Oceanic and Atmospheric reserve; they have also expanded the Innovation Dialogue from any interested Administration coastal training, research and party, including industry, consumer, monitoring, stewardship and education labor and environmental groups, trade National Estuarine Research Reserve programs significantly. A new associations, professional organizations/ System administrative building, the Jacques societies, academia, and Federal, state, Cousteau Coastal Center, and a new AGENCY: Estuarine Reserves Division, and local governments. Comments will interpretive exhibit, ‘‘Life on the Edge’’ Office of Ocean and Coastal Resource be used to identify and select projects at the Tuckerton Seaport, have been Management, National Ocean Service, for cooperation on innovation policy built to support the growth of reserve National Oceanic and Atmospheric between the United States government programs. Administration, U.S. Department of and the European Commission. Commerce. With the approval of this management DATES: Written comments must be ACTION: Notice of Approval and plan, the Jacques Cousteau National submitted on or before February 5, 2010. Availability for the Revised Estuarine Research Reserve will expand Management Plan for the Jacques their total acreage from 114,665 acres to ADDRESSES: You may submit comments Cousteau National Estuarine Research 114,873 acres. Pursuant to 15 CFR by any of the following methods: Reserve. 921.33(a), a boundary change requires E-mail: public comment. NOAA announced a [email protected]. SUMMARY: The Estuarine Reserves thirty day public comment period in the Fax: (202) 482–2897 (Attn.: Tshanda Division, Office of Ocean and Coastal Federal Register on November 4, 2009. Kalombo).

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Mail or Hand Delivery/Courier: fora including: U.S.-EU Intellectual SUMMARY: In compliance with section Tshanda Kalombo, U.S. Department of Property Rights Working Group, the 3506(c)(2)(A) of the Paperwork Commerce, Office of the European U.S. and EU Energy Council, the U.S.- Reduction Act of 1995, the Office of the Union, Room 3513, 14th Street & EU Science and Technology Agreement, Assistant Secretary of Defense for Pennsylvania Avenue, NW., the U.S. Department of Commerce- Personnel and Readiness proposes to Washington, DC 20230. European Commission Standards extend a public information collection All of the comments received will be Dialogue, the U.S.-EU High Level and seeks public comment on the posted on the following Web site: Regulatory Cooperation Forum and the provisions thereof. Comments are http://www.state.gov/p/eur/rt/eu/tec/. U.S.-EU Information Society Dialogue. invited on: whether the proposed FOR FURTHER INFORMATION CONTACT: For To assist in identifying topics for collection of information is necessary questions on the submission of innovation cooperation between the for the proper performance of the comments, please contact Tshanda U.S. government and the European functions of the agency, including Kalombo by phone at (202) 482–2561 or Commission, the U.S. Department of whether the information shall have by e-mail at Commerce is requesting comments from practical utility; the accuracy of the [email protected]. any interested stakeholder on priorities agency’s estimate of the burden of the that should be the focus of the SUPPLEMENTARY INFORMATION: proposed information collection; ways Transatlantic Innovation Dialogue. In Background Information: The to enhance the quality, utility, and submitting comments, stakeholders Transatlantic Innovation Dialogue is a clarity of the information to be should consider the following senior-level government-to-government collected; and ways to minimize the questions: forum that was established on October burden of the information collection on • What specific technology areas and respondents, including through the use 27, 2009 by U.S. and European Union industry sectors should the U.S. and EU (EU) leaders in the Transatlantic of automated collection techniques or focus on? other forms of information technology. Economic Council (TEC). The objective • What government policies that of the Innovation Dialogue is to bolster DATES: Consideration will be given to all enable innovation should the U.S. and comments received by March 1, 2010. U.S. and EU efforts to spur growth, EU address? ADDRESSES: productivity, and entrepreneurial • For the topics identified, what form You may submit comments, activity by sharing best policy practices should cooperation take (e.g. exchange identified by docket number and title, and identifying steps that will improve of information, knowledge transfer)? by any of the following methods: • Federal eRulemaking Portal: http:// the policy environment for innovative • What should the short and long www.regulations.gov. Follow the activities across the Atlantic. By term objectives be for each identified instructions for submitting comments. innovation, we mean the design, project? • Mail: Federal Docket Management invention, development and/or • What specific outcomes should the System Office, 1160 Defense Pentagon, implementation of new or altered U.S. and EU try to achieve by 2011? products, services, processes, systems, After receiving and reviewing Washington, DC 20301–1160. Instructions: All submissions received organizational structures, or business submissions to this notice, the U.S. must include the agency name, docket models for the purpose of creating new Department of Commerce will hold a number and title for this Federal value for the economy and society. public meeting to discuss the Register document. The general policy The TEC created the Transatlantic prioritization of potential areas of for comments and other submissions Innovation Dialogue to elevate and cooperation under the Dialogue. After from members of the public is to make improve the effectiveness of existing interagency consultations, the U.S. these submissions available for public and new areas of cooperation in order Department of Commerce will work viewing on the Internet at http:// to achieve tangible results in job with the European Commission on the www.regulations.gov as they are creation, higher competitiveness and agenda for Dialogue and submit work received without change, including any economic growth, and solutions for plans for the agreed priorities to the TEC personal identifiers or contact addressing societal challenges. for its 2010 meeting. Cooperation on improving innovation information. Dated: December 28, 2009. and technological development FOR FURTHER INFORMATION CONTACT: To ecosystems is expected to benefit David De Falco, request more information on this companies, workers, consumers, and Director, Office of the European Union, proposed information collection or to governments on both sides of the Market Access and Compliance, International obtain a copy of the proposal and Trade Administration, U.S. Department of Atlantic by spurring economic growth Commerce. associated collection instruments, and transatlantic trade and investment. please write to the Air Force Review [FR Doc. E9–31085 Filed 12–30–09; 8:45 am] The Transatlantic Innovation Boards Agency, 1535 Command Drive, Dialogue will be co-led by senior-level BILLING CODE 3510–DA–P Andrews AFB ATTN. Mr. Victor officials in the U.S. Department of Donovan MD 20732, or call Air Force Commerce and in the European Review Boards Agency, at (240) 857– Commission’s Directorate-General for DEPARTMENT OF DEFENSE 3137. Industry and Entrepreneurship, who Title; Associated Form; and OMB Office of the Secretary will oversee its activities and report to Number: Application for a Review by interested stakeholders and to the TEC [Docket ID: DoD–2009–OS–0190] the Physical Disability Board of Review leaders. of the Rating for a Medical Separation The U.S. government and European Proposed Collection; Comment from the Armed Forces of the United Commission will collaborate with Request States; DD Form 294; OMB Number stakeholders to identify, select, and AGENCY: Office of the Assistant 0704–0453. develop work plans for priority areas of Secretary of Defense for Personnel and Needs and Uses: The information cooperation. The work of the Dialogue Readiness, DoD. collection requirement is necessary to will complement and coordinate with have former members who were ACTION: Notice. existing, innovation-related, bilateral separated from the armed forces from

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between September 11, 2001 and DATES: Consideration will be given to all occupied buildings in the National December 31, 2009 due to unfitness for comments received by March 1, 2010. Capital Region. duty due to a medical condition with a ADDRESSES: You may submit comments, Dated: December 28, 2009. disability rating of 20 percent disabled identified by docket number and title, Mitchell S. Bryman, or less; and were found to be not eligible by any of the following methods: Alternate OSD Federal Register Liaison for retirement request a review of that Federal eRulemaking Portal: http:// Officer, Department of Defense. determinations in accordance with the www.regulations.gov. Follow the [FR Doc. E9–31046 Filed 12–30–09; 8:45 am] provisions of 10 Unites States Code instructions for submitting comments. Section 1554a. Mail: Federal Docket Management BILLING CODE 5001–06–P Affected Public: Former service System Office, 1160 Defense Pentagon, members requesting a review. Washington, DC 20301–1160. DEPARTMENT OF DEFENSE Annual Burden Hours: 1,350. Instructions: All submissions received Number of Respondents: 1,800. must include the agency name, docket Department of the Army Responses per Respondent: 1. number and title for this Federal Average Burden per Response: 45 Register document. The general policy [Docket ID: USA–2009–0035] minutes. for comments and other submissions Frequency: On occasion. from members of the public is to make SUPPLEMENTARY INFORMATION: Proposed Collection; Comment these submissions available for public Request Summary of Information Collection viewing on the Internet at http:// AGENCY: Office of the Administrative Respondents are those members as www.regulations.gov as they are received without change, including any Assistant to the Secretary of the Army, described above who request a review of (OAA–RPA), DoD. the rating of their medical separation personal identifiers or contact rating. The completed form triggers the information. ACTION: Notice. FOR FURTHER INFORMATION CONTACT: review. If the form is not completed, it To SUMMARY: In compliance with section may jeopardize or delay the Agency’s request more information on this 3506(c)(2)(A) of the Paperwork ability to accomplish the requested proposed information collection or to Reduction Act of 1995, the Department review. obtain a copy of the proposal and of the Army proposes to extend a public Dated: December 28, 2009. associated collection instrument, please information collection and seeks public write to Pentagon Force Protection Mitchell S. Bryman, comment on the provisions thereof. Agency, ATTN: Ms. Lillian Dockery, Comments are invited on: Whether the Alternate OSD Federal Register Liaison Room 1F1084, 9000 Defense Pentagon, Officer, Department of Defense. proposed collection of information is Washington, DC 20301–9000, or call the necessary for the proper performance of [FR Doc. E9–31044 Filed 12–30–09; 8:45 am] Pentagon Access Control Division at BILLING CODE 5001–06–P the functions of the agency, including (703) 697–9327. whether the information shall have Title; Associated Form; and OMB practical utility; the accuracy of the Number: DoD Building Pass DEPARTMENT OF DEFENSE agency’s estimate of the burden of the Application; DD Form 2249; OMB proposed information collection; ways Office of the Secretary Number 0704–0328. to enhance the quality, utility, and Needs and Uses: The information clarity of the information to be [Docket ID: DoD–2009–OS–0191] collection requirement is used by collected; and ways to minimize the officials of Security Services, Pentagon Proposed Collection; Comment burden of the information collection on Force Protection Agency, to maintain a Request respondents, including through the use listing of personnel who are authorized of automated collection techniques or a DoD Building Pass. AGENCY: Office of the Secretary, DoD. other forms of information technology. ACTION: Notice. Affected Public: Individuals or households; businesses or other for- DATES: Consideration will be given to all SUMMARY: In compliance with section profit. comments received by March 1, 2010. 3506(c)(2)(A) of the Paperwork Annual Burden Hours: 12,000. ADDRESSES: You may submit comments, Reduction Act of 1995, the Pentagon Number of Respondents: 120,000. identified by docket number and title, Force Protection Agency announces the Responses per Respondent: 1. by any of the following methods: proposed extension of a public Average Burden for Response: 6 • Federal eRulemaking Portal: http:// information collection and seeks public minutes. www.regulations.gov. Follow the comment on the provisions thereof. Frequency: On occasion. instructions for submitting comments. Comments are invited on: Whether the SUPPLEMENTARY INFORMATION: • Mail: Federal Docket Management proposed collection of information is System Office, 1160 Defense Pentagon, necessary for the proper performance of Summary of Information Collection Washington, DC 20301–1160. the functions of the agency, including This requirement provides for the Instructions: All submissions received whether the information shall have collection of information from must include the agency name, docket practical utility; the accuracy of the applicants for DoD Building Passes. The number and title for this Federal agency’s estimate of the burden of the information collected from the DD Form Register document. The general policy proposed information collection; ways 2249, ‘‘DoD Building Pass Application,’’ for comments and other submissions to enhance the quality, utility, and is used to verify the need for and to from members of the public is to make clarity of the information to be issue a DoD Building Pass to DoD these submissions available for public collected; and ways to minimize the personnel, other authorized U.S. viewing on the Internet at http:// burden of the information collection on Government personnel, and DoD www.regulations.gov as they are respondents, including through the use consultants and experts who regularly received without change, including any of automated collection techniques or work in or require frequent and personal identifiers or contact forms of information technology. continuing access to DoD-owned or information.

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FOR FURTHER INFORMATION CONTACT: To socioeconomic impacts resulting from infrastructure such as barracks, motor request more information on this expanding testing and training pools, and administrative buildings. proposed information collection or to capabilities at WSMR. The FEIS The development and implementation obtain a copy of the proposal and analyzes the impacts of land use of a land use and airspace plan is associated collection instruments, changes that provide for expanded off- intended to integrate and realize more please write to U.S. Army ROTC Cadet road maneuver and facilities to support fully the capabilities of the WSMR Command, ATTN: ATCC–OP–I–S, 55 new testing and training requirements primary mission (research, Patch Road, Building 56, Fort Monroe, associated with increased Brigade development, testing, and evaluation Virginia 23651–1052, or call Department Combat Team (BCT) modernization (RDTE)) with new training capabilities of the Army Reports Clearance Officer at (formerly known as Future Combat and potential future Army stationing (703) 428–6440. Systems) testing (preferred alternative) decisions. Establishing new test and Title, Associated Form, and OMB and the stationing of a Heavy Brigade training capabilities requires changing Number: U.S. Army ROTC 4-Year Combat Team (HBCT) (or comparable land use designations within the current College Scholarship Application (For unit) of approximately 3,800 Soldiers. installation boundaries. These changes High School Students); CC Form 114–R, On June 2, 2009, the Secretary of the would support current and future OMB Control Number 0702–0073. Army announced a decision not to requirements and allow off-road vehicle Needs and uses: The Army ROTC station an HBCT at WSMR in 2013; maneuver on designated portions of the Program produces approximately 80 however, it was decided to retain the installation. WSMR will maintain its percent of the newly commissioned analysis in this FEIS to support current RDTE mission and continue to officers for the U.S. Army. The Army implementation of potential future support testing objectives of all military ROTC scholarship is an incentive to stationing decisions. services and federal agencies. attract men and women to pursue DATES: The waiting period will end 30 In addition to consideration of educational degrees in the academic days after publication of a notice of Alternative 1 and a No Action disciplines required by the Army. The availability for the FEIS in the Federal Alternative (current test capabilities and information is collected annually. Register by the U.S. Environmental land use designations with current Affected Public: Business or Other for- Protection Agency. levels of operations and activities), one Profit. ADDRESSES: For specific questions additional alternative was analyzed. Annual Burden Hours: 8,250. Alternative 2 includes those activities Number of Respondents: 11,000. regarding the FEIS, please contact: White Sands Test Center, Operations described in Alternative 1 plus potential Responses per Respondent: 1. future stationing of an HBCT (or Average Burden per Response: 45 Office, Attention: Catherine Giblin, 124 Crozier Street, Building 124, Room comparable unit) by expanding the minutes. cantonment area and construction of Frequency: Annually. B–15, White Sands Missile Range, NM 88002. Written questions may be mailed supporting infrastructure and additional SUPPLEMENTARY INFORMATION: to the above address, faxed to (575) 678– off-road maneuver areas for training on Summary of Information Collection: WSMR. The applications are available to high 4082, or e-mailed to: [email protected]. Copies of the FEIS are available at school students. Once the applications local libraries surrounding WSMR and for U.S. Army ROTC 4-Year College FOR FURTHER INFORMATION CONTACT: Mr. may also be accessed at http:// Scholarship Program are completed, Monte Marlin, Public Affairs Office, www.wsmr.army.mil. Comments from they are submitted to Headquarters, Building 1782, Headquarters Avenue, the public will be considered before any Cadet Command for review, screening White Sands Missile Range, NM 88002; final decision is made. and selection of scholarship recipients. (575) 678–1134; or e-mail Dated: December 14, 2009. The application and information [email protected]. provides the basis for the scholarship Addison D. Davis IV, SUPPLEMENTARY INFORMATION: The award. Deputy Assistant Secretary of the Army proposed action (Alternative 1) would (Environment, Safety, and Occupational Dated: December 28, 2009. result in a flexible, capabilities-based Health). Mitchell S. Bryman, land use and airspace plan able to [FR Doc. E9–30594 Filed 12–30–09; 8:45 am] Alternate OSD Federal Register Liaison accommodate rapidly evolving customer BILLING CODE 3710–08–M Officer, Department of Defense. needs, support current and future [FR Doc. E9–31047 Filed 12–30–09; 8:45 am] mission activities, and support a full BILLING CODE 5001–06–P range of test and training efforts from individual components up through DEPARTMENT OF EDUCATION major joint and multi-national DEPARTMENT OF DEFENSE programs. The FEIS analyzes the Submission for OMB Review; environmental impacts associated with Comment Request Department of the Army the testing, training, and stationing AGENCY: Department of Education. activities under the proposed plan. Final Environmental Impact Statement SUMMARY Testing typically involves activities : The Acting Director, (FEIS) for Development and such as missile flight tests, aerial Information Collection Clearance Implementation of Range-Wide Mission intercepts, air-delivered munitions tests Division, Regulatory Information and Major Capabilities at White Sands against ground targets, directed energy Management Services, Office of Missile Range (WSMR), NM and various weapons systems tests. Management invites comments on the submission for OMB review as required AGENCY: Training involves military personnel Department of the Army, DoD. by the Paperwork Reduction Act of ACTION: Notice of availability. using the land for maneuver, as well as for field evaluation of weapons, 1995. SUMMARY: The Department of the Army equipment, communication systems, or DATES: Interested persons are invited to announces the availability of an FEIS other objectives. Testing, training and submit comments on or before February that analyzes environmental and stationing require additional 1, 2010.

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ADDRESSES: Written comments should borrower’s loan holder to determine Thursday, February 28, 2008, followed be addressed to the Office of whether the borrower is eligible to repay by an Informational Update, 73 FR Information and Regulatory Affairs, under the IBR Plan and to calculate the 74713, Tuesday, December 9, 2008, Attention: Education Desk Officer, borrower’s monthly payment amount indicating EIA’s postponement of a Office of Management and Budget, 725 under the IBR Plan. The IBR Plan decision to collect refinery outage data. 17th Street, NW., Room 10222, New Alternative Documentation of Income EIA has determined that collection of Executive Office Building, Washington, form serves as the means by which a this data is necessary to meet the intent DC 20503, be faxed to (202) 395–5806 or borrower who is repaying FFEL Program of Section 804 of the Energy send e-mail to loans under the IBR provides the Independence and Security Act of 2007. [email protected]. borrower’s loan holder with alternative FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Section documentation of the borrower’s income Joanne Shore by e-mail at 3506 of the Paperwork Reduction Act of if the borrower’s adjusted gross income [email protected] or by 1995 (44 U.S.C. Chapter 35) requires (AGI) is not available from the IRS, or telephone at 202–586–4677. that the Office of Management and if the loan holder believes that the SUPPLEMENTARY INFORMATION: Budget (OMB) provide interested borrower’s most recently reported AGI does not accurately reflect the I. Background Federal agencies and the public an early II. Current Actions opportunity to comment on information borrower’s current income. Under the collection requests. OMB may amend or FFEL Program regulations, a borrower’s I. Background waive the requirement for public AGI is used to calculate the monthly EIA recognizes the importance of consultation to the extent that public loan payment amount under the IBR understanding and anticipating supply participation in the approval process Plan. changes that could affect prices paid by Requests for copies of the information would defeat the purpose of the consumers for petroleum products. collection submission for OMB review information collection, violate State or Refinery availability is an important may be accessed from http:// Federal law, or substantially interfere element of this issue, and was edicsweb.ed.gov, by selecting the with any agency’s ability to perform its highlighted in Section 804 of the Energy ‘‘Browse Pending Collections’’ link and statutory obligations. The Acting Independence and Security Act of 2007 by clicking on link number 4115. When Director, Information Collection (Pub. L. 110–140), requiring EIA to you access the information collection, Clearance Official, Regulatory assess the impact of planned outages click on ‘‘Download Attachments ’’ to Information Management Services, using commercially available data. view. Written requests for information Office of Management, publishes that Congressional interest in having EIA should be addressed to U.S. Department notice containing proposed information collect such data was partially a result of Education, 400 Maryland Avenue, collection requests prior to submission of unusually high refinery outages in SW., LBJ, Washington, DC 20202–4537. of these requests to OMB. Each 2007. proposed information collection, Requests may also be electronically In response, EIA put out a Federal grouped by office, contains the mailed to the Internet address Register notice in February 2008 following: (1) Type of review requested, [email protected] or faxed to 202– (Proposed Collection Comment Request e.g. new, revision, extension, existing or 401–0920. Please specify the complete on ‘‘Report of Refinery Outages,’’ 73 FR reinstatement; (2) Title; (3) Summary of title of the information collection when 10745, Thursday, February 28, 2008), to the collection; (4) Description of the making your request. solicit comments on collecting such Comments regarding burden and/or need for, and proposed use of, the data. This was followed by an the collection activity requirements information; (5) Respondents and informational Federal Register notice in should be electronically mailed to frequency of collection; and (6) December 2008 (Proposed Collection [email protected]. Individuals who Reporting and/or Recordkeeping Update, 73 FR 74713, Tuesday, use a telecommunications device for the burden. OMB invites public comment. December 9, 2008) that provided the deaf (TDD) may call the Federal Dated: December 24, 2009. status of our review of this issue. Information Relay Service (FIRS) at For about two years, EIA has been James Hyler, 1–800–877–8339. using commercially available refinery Acting Director, Information Collection [FR Doc. E9–31063 Filed 12–30–09; 8:45 am] Clearance Division, Regulatory Information outage data and evaluating its ability to Management Services, Office of Management. BILLING CODE 4000–01–P meet the intent of Section 804. As summarized in the December 2008 Federal Student Aid Federal Register notice, commercial Type of Review: New. DEPARTMENT OF ENERGY data captures significant outages and is Title: FFEL Program IBR Plan Request cost-effective, while government and IBR Plan Alternative Energy Information Administration collection is likely more accurate and Documentation of Income. could address production impacts as Frequency: On occasion. Agency Information Collection well as unit outages, albeit at a higher Affected Public: Individuals or Activities: Proposed Collection cost both to industry and the households. Update; Informational government. Reporting and Recordkeeping Hour AGENCY: Energy Information EIA’s evaluation indicates that Burden: Administration (EIA), Department of commercial data is useful and Responses: 1,692,869. Energy (DOE). appropriate for many purposes, but it Burden Hours: 936,721. ACTION: Agency Information Collection falls short in two areas regarding EIA’s Abstract: The IBR Plan Request form Activities: Proposed Collection Update; ability to meet the Section 804 serves as the means by which a Informational. requirements. First, commercial data borrower with FFEL Program loans sometimes misses a planned outage, requests to repay those loans under the SUMMARY: The EIA issued a Proposed picking it up shortly before or even after IBR Plan and provides certain Collection Comment Request on ‘‘Report the outage begins. This is in part due to information that is needed by the of Refinery Outages,’’ 73 FR 10745, commercial data being accumulated

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from third party sources and voluntary and Budget (OMB). The intent is to ENVIRONMENTAL PROTECTION company information rather than a begin collection in 2011. AGENCY required company survey such as EIA EIA will continue to use commercial [FRL–9086–6; Docket ID No. EPA–HQ–ORD– would conduct. As a result, commercial data. Commercial data provide a 2009–0855] data can miss plans for an outage since historical context for analyzing outages some companies want and are able to and can assist in data validation. An Assessment of Decision-Making keep their information private due to Eventually, the EIA data collection will Processes: The Feasibility of business sensitivities concerning certain generate a historical series, but adequate Incorporating Climate Change outages. EIA needs to know about Information Into Land Protection time series for analysis will not be planned outages at least 3 or 4 months Planning prior to their occurrence in order to available for some time. In addition, assess any significant supply or price commercial data are updated daily and AGENCY: Environmental Protection impacts and to provide information to can provide alerts for rapidly evolving Agency (EPA). the Secretary of Energy in a timely events in between EIA data collections. ACTION: Notice of Public Comment fashion. Missing a planned outage until A survey proposal would fall under Period. shortly before it is scheduled to happen the Federal Energy Administration Act SUMMARY: EPA is announcing a 30-day can lead to erroneous conclusions about of 1974 (Pub. L. 93–275, 15 U.S.C. 761 public comment period for the draft its impacts in the larger context of the et seq.) and the DOE Organization Act document titled, ‘‘An Assessment of petroleum market. (Pub. L. 95–91, 42 U.S.C. 7101 et seq.), Decision-Making Processes: The Second, commercially available which require the EIA to carry out a Feasibility of Incorporating Climate outage data does not include estimates centralized, comprehensive, and unified Change Information into Land of the production impacts of planned energy information program. This Protection Planning’’ (EPA/600/R–09/ outages, only whether a unit will be program collects, evaluates, analyzes, 142a). The document was prepared by offline. Production changes resulting and disseminates information on energy the National Center for Environmental from unit outages are needed to evaluate resource reserves, production, demand, Assessment within EPA’s Office of impacts on petroleum product prices. prices, technology, and related Research and Development. This draft Currently EIA estimates production economic and statistical information. document is a review of decision- impacts using both the commercial unit This information is used to assess the making processes of selected land outage information and historical EIA adequacy of energy resources to meet protection programs. The goal of this refinery data. As noted in the December near and longer term domestic document is to assess the feasibility of 2008 Federal Register notice, any incorporating climate change impacts demands, and to promote sound refinery estimates of planned unit information into the evaluation of these policymaking, efficient markets, and outage impacts on production provided programs. The assessment revealed that to EIA would not be precise. public understanding of energy and its there are several strategies that might be The EIA December 2008 Federal interaction with the economy and the useful for incorporating climate change Register notice also indicated that the environment. information into decision making. As Department of Energy’s Office of The EIA, as part of its effort to comply part of a portfolio of adaptation Electricity Delivery and Energy with the Paperwork Reduction Act of strategies, land protection may become Reliability (OE) was intending to collect 1995 (Pub. L. 104–13, 44 U.S.C. Chapter more important for jurisdictions, unplanned outage information on a real- 35), provides the general public and particularly to ameliorate climate time basis in order to monitor ongoing other Federal agencies with change impacts on watersheds and issues as part of its role in monitoring opportunities to comment on collections wildlife. potential supply disruptions and of energy information conducted by or The public comment period and the emergencies. This survey proposal has in conjunction with the EIA. Any external peer review, which will occur been withdrawn due to a change in OE’s comments received following a survey after the public comment period, are policy and operations. The proposal proposal help the EIA to prepare data separate processes that provide would not have served the purpose of requests that maximize the utility of the opportunities for all interested parties to comment on the document. EPA intends collecting information on planned information collected, and to assess the outages. to forward the public comments that are impact of collection requirements on the submitted in accordance with this II. Current Actions public. notice to the external peer reviewer EIA has determined that it should After assembling public response to a panel prior to the meeting for their pursue the collection of data monthly Federal Register notice announcing consideration. When finalizing the draft on planned and unplanned refinery specific survey information to be document, EPA intends to consider any outages and on estimates of associated collected, including the proposed public comments that EPA receives in production losses. Because of the survey form, EIA will seek approval for accordance with this notice. complexity of this collection, EIA will this collection from the Office of EPA is releasing this draft document work with industry to determine how Management and Budget (OMB) under solely for the purpose of pre- best to collect the information needed Section 3507(a) of the Paperwork dissemination peer review under and what the potential costs will be. Reduction Act of 1995. applicable information quality Parties interested in participating in guidelines. This document has not been Issued in Washington, DC, December 24, these discussions should contact Joanne formally disseminated by EPA. It does 2009. Shore ([email protected]). EIA not represent and should not be plans on issuing a Federal Register Howard Gruenspecht, construed to represent any Agency notice in 2010 with a proposed survey Deputy Administrator, Energy Information policy or determination. form, providing another opportunity for Administration. DATES: The 30-day public comment comments. EIA will then request [FR Doc. E9–31033 Filed 12–30–09; 8:45 am] period begins December 31, 2009, and approval from the Office of Management BILLING CODE 6450–01–P ends February 1, 2010. Technical

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comments should be in writing and decision making include new decision- pages consecutively with the comments, must be received by EPA by February 1, support tools for advisory committees, and submit an unbound original and 2010. promulgation of different land three copies. ADDRESSES: The draft ‘‘An Assessment protection models (e.g., purchase as Instructions: Direct your comments to of Decision-Making Processes: The opposed to transfer of development Docket ID No. EPA–HQ–ORD–2009– rights), and educational outreach for Feasibility of Incorporating Climate 0855. Please ensure that your comments Change Information into Land elected officials. Because land protection decisions are are submitted within the specified Protection Planning’’ is available comment period. Comments received primarily via the Internet on the long-term, hard to reverse, and resource intensive, these decisions are important after the closing date will be marked National Center for Environmental ‘‘late,’’ and may only be considered if Assessment’s home page under the to consider in the context of climate time permits. It is EPA’s policy to Recent Additions and the Publications change. Climate change may directly include all comments it receives in the menus at http://www.epa.gov/ncea. A affect the services intended for public docket without change and to limited number of paper copies are protection and parcel selection can available from the Information exacerbate or ameliorate certain make the comments available online at Management Team, NCEA; telephone: impacts. Therefore, when considering http://www.regulations.gov, including 703–347–8561; facsimile: 703–347– long-term acquisition strategies, land any personal information provided, 8691. If you are requesting a paper copy, protection programs should be unless a comment includes information please provide your name, your mailing considering both the mitigation claimed to be Confidential Business address, and the document title, ‘‘An potential of land through carbon Information (CBI) or other information Assessment of Decision-Making sequestration and the adaptation whose disclosure is restricted by statute. Processes: The Feasibility of potential of the land for preserving Do not submit information that you Incorporating Climate Change wildlife migration routes, protecting consider to be CBI or otherwise Information into Land Protection water resources, and buffering protected through http:// Planning’’. infrastructure and development from www.regulations.gov or e-mail. The Comments may be submitted storm events. As jurisdictions learn http://www.regulations.gov Web site is electronically via http:// more about possible climate change an ‘‘anonymous access’’ system, which www.regulations.gov, by mail, by impacts, certain land protection means EPA will not know your identity facsimile, or by hand delivery/courier. strategies may become more desirable or contact information unless you Please follow the detailed instructions and feasible as part of a portfolio of provide it in the body of your comment. provided in the SUPPLEMENTARY adaptation strategies that ameliorate If you send an e-mail comment directly INFORMATION section of this notice. impacts on watersheds and wildlife. to EPA without going through http:// FOR FURTHER INFORMATION CONTACT: For II. How To Submit Technical Comments www.regulations.gov, your e-mail information on the public comment to the Docket at http:// address will be automatically captured period, contact the Office of www.regulations.gov and included as part of the comment Environmental Information Docket; Submit your comments, identified by that is placed in the public docket and telephone: 202–566–1752; facsimile: Docket ID No. EPA–HQ–ORD 2009– made available on the Internet. If you 202–566–1753; or e-mail: 0855, by one of the following methods: submit an electronic comment, EPA [email protected]. • http://www.regulations.gov: Follow recommends that you include your For technical information, contact the on-line instructions for submitting name and other contact information in Britta Bierwagen, NCEA; telephone: comments. the body of your comment and with any 703–347–8613; facsimile: 703–347– • E-mail: [email protected]. disk or CD–ROM you submit. If EPA 8694; or e-mail: • Fax: 202–566–1753. cannot read your comment due to [email protected]. • Mail: Office of Environmental technical difficulties and cannot contact SUPPLEMENTARY INFORMATION: Information (OEI) Docket (Mail Code: you for clarification, EPA may not be 2822T), U.S. Environmental Protection I. Information About the Project/ able to consider your comment. Agency, 1200 Pennsylvania Ave., NW., Document Electronic files should avoid the use of Washington, DC 20460. The phone special characters or any form of The document, ‘‘An Assessment of number is 202–566–1752. encryption, and be free of any defects or • Decision-Making Processes: The Hand Delivery: The OEI Docket is viruses. For additional information Feasibility of Incorporating Climate located in the EPA Headquarters Docket about EPA’s public docket visit the EPA Change Information into Land Center, Room 3334 EPA West Building, Docket Center homepage at http:// Protection Planning’’ describes a review 1301 Constitution Ave., NW., www.epa.gov/epahome/dockets.htm. of the decision-making processes of Washington, DC. The EPA Docket selected programs that protect land to Center’s Public Reading Room is open Docket: Documents in the docket are assess the feasibility of incorporating from 8:30 a.m. to 4:30 p.m., Monday listed in the http://www.regulations.gov climate-change impacts information into through Friday, excluding legal index. Although listed in the index, the evaluation of land protection holidays. The telephone number for the some information is not publicly programs. The review focused on a Public Reading Room is 202–566–1744. available, e.g., CBI or other information sample of programs with goals to protect Such deliveries are only accepted whose disclosure is restricted by statute. wildlife and watersheds. Most programs during the docket’s normal hours of Certain other materials, such as reviewed use quantitative evaluation operation, and special arrangements copyrighted material, are publicly criteria and a bottom-up process for should be made for deliveries of boxed available only in hard copy. Publicly selecting parcels. Almost all programs information. available docket materials are available have one or more advisory committees. If you provide comments by mail or either electronically in http:// The assessment revealed that strategies hand delivery, please submit three www.regulations.gov or in hard copy at that might be useful for incorporating copies of the comments. For the OEI Docket in the EPA Headquarters climate-change information into attachments, provide an index, number Docket Center.

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Dated: November 19, 2009. government will use to implement the (2) A brief statement of the requesting Rebecca Clark, electronic reporting. Additionally, in person’s interest in EPA’s Acting Director, National Center for § 3.1000(b) through (e) of 40 CFR Part 3, determination, a brief explanation as to Environmental Assessment. Subpart D provides special procedures why EPA should hold a hearing, and [FR Doc. E9–31100 Filed 12–30–09; 8:45 am] for program revisions and modifications any other information that the BILLING CODE 6560–50–P to allow electronic reporting, to be used requesting person wants EPA to at the option of the State, Tribe or local consider when determining whether to government in place of procedures grant the request; ENVIRONMENTAL PROTECTION available under existing program- (3) The signature of the individual AGENCY specific authorization regulations. An making the request, or, if the request is application submitted under the made on behalf of an organization or [FRL–9099–4] Subpart D procedures must show that other entity, the signature of a Cross-Media Electronic Reporting Rule the State, Tribe or local government has responsible official of the organization State Approved Program Revision sufficient legal authority to implement or other entity. Approval: State of IL the electronic reporting components of In the event a hearing is requested the programs covered by the application and granted, EPA will provide notice of AGENCY: Environmental Protection and will use electronic document the hearing in the Federal Register not Agency (EPA). receiving systems that meet the less than 15 days prior to the scheduled ACTION: Notice. applicable Subpart D requirements. hearing date. Frivolous or insubstantial On July 15, 2009, the State of Illinois requests for hearing may be denied by SUMMARY: This notice announces EPA’s Environmental Protection Agency (EPA) EPA. Following such a public hearing, approval, under regulations for Cross- submitted an application for its Safe EPA will review the record of the Media Electronic Reporting, of the State Drinking Water Information System hearing and issue an order either of Illinois’ request to revise its EPA- (SDWIS)/Lab to State electronic affirming today’s determination or authorized program to allow electronic document receiving system, for revision rescinding such determination. If no reporting; and also provides notice of an of its 40 CFR Part 142—National timely request for a hearing is received opportunity to request a public hearing Primary Drinking Water Regulations and granted, this action will become on this action. Implementation EPA-authorized effective 30 days after today’s notice is DATES: EPA’s approval is effective on program for electronic reporting of published, pursuant to CROMERR February 1, 2010 if no timely request for drinking water data submitted under 40 section 3.1000(f)(4). a public hearing is received and CFR part 141. EPA reviewed ILEPA’s accepted by the Agency. request to revise its EPA-authorized Dated: December 22, 2009. Lisa Schlosser, FOR FURTHER INFORMATION CONTACT: Evi program and, based on this review, EPA Huffer, U.S. Environmental Protection determined that the application met the Director, Office of Information Collection. Agency, Office of Environmental standards for approval of authorized [FR Doc. E9–31105 Filed 12–30–09; 8:45 am] Information, Mail Stop 2823T, 1200 program revisions set out in 40 CFR Part BILLING CODE 6560–50–P Pennsylvania Avenue, NW., 3, Subpart D, for electronic reporting of Washington, DC 20460, (202) 566–1697, drinking water data that does not [email protected], or David Schwarz, require signature or include an ENVIRONMENTAL PROTECTION U.S. Environmental Protection Agency, electronic signature. In accordance with AGENCY Office of Environmental Information, 40 CFR 3.1000(d), this notice of EPA’s [ER–FRL–8986–9] Mail Stop 2823T, 1200 Pennsylvania decision to approve Illinois’ request to Avenue, NW., Washington, DC 20460, revise its Part 142—National Primary Environmental Impact Statements and (202) 566–1704, Drinking Water Regulations Regulations; Availability of EPA [email protected]. Implementation authorized program, to Comments allow electronic reporting of drinking SUPPLEMENTARY INFORMATION: On water data that does not require Availability of EPA comments October 13, 2005, the final Cross-Media signature or include an electronic prepared pursuant to the Environmental Electronic Reporting Rule (CROMERR) signature, is being published in the Review Process (ERP), under section was published in the Federal Register Federal Register. 309 of the Clean Air Act and Section (70 FR 59848) and codified as Part 3 of ILEPA was notified of EPA’s 102(2)(c) of the National Environmental title 40 of the CFR. CROMERR determination to approve its application Policy Act as amended. Requests for establishes electronic reporting as an with respect to the authorized program copies of EPA comments can be directed acceptable regulatory alternative to listed above. to the Office of Federal Activities at paper reporting and establishes Also, in today’s notice, EPA is 202–564–7146 or http://www.epa.gov/ requirements to assure that electronic informing interested persons that they compliance/nepa/. documents are as legally dependable as may request a public hearing on EPA’s An explanation of the ratings assigned their paper counterparts. Under Subpart action to approve the State of Illinois’ to draft environmental impact D of CROMERR, state, Tribe or local request to revise their authorized public statements (EISs) was published in FR government agencies that receive, or water system program under 40 CFR dated July 17, 2009 (74 FR 34754). wish to begin receiving, electronic part 142, in accordance with 40 CFR Notice reports under their EPA-authorized 3.1000(f). Requests for a hearing must be programs must apply to EPA for a submitted to EPA within 30 days of In accordance with Section 309(a) of revision or modification of those publication of today’s Federal Register the Clean Air Act, EPA is required to programs and get EPA approval. Subpart notice. Such requests should include make its comments on EISs issued by D also provides standards for such the following information: other Federal agencies public. approvals based on consideration of the (1) The name, address and telephone Historically, EPA has met this mandate electronic document receiving systems number of the individual, organization by publishing weekly notices of that the State, Tribe, or local or other entity requesting a hearing; availability of EPA comments, which

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includes a brief summary of EPA’s Final EISs notice of availability of EPA comments comment letters, in the Federal EIS No. 20090389, ERP No. F–AFS– in the Federal Register. Register. Since February 2008, EPA has K65370–CA, Beaverslide Timber Sale EIS No. 20090448, Final EIS, FHWA, been including its comment letters on and Fuel Treatment Project, Proposing WA, South Park Bridge Project, EISs on its Web site at: http:// to Harvest Commercial Timber and Proposes to Rehabilitate or Replace www.epa.gov/compliance/nepa/ Treat Hazardous Fuels, Six Rivers the Historic South Park Ridge over the eisdata.html. Including the entire EIS National Forest, Mad River Ranger Duwamish Waterway at 14th/16 comment letters on the Web site District, Trinity County, CA. Avenue S, U.S. Coast Guard Permit satisfies the Section 309(a) requirement and U.S. Army COE Section 10 and Summary: EPA does not object to the to make EPA’s comments on EISs 404 Permits, King County, WA, Wait proposed project. available to the public. Accordingly, Period Ends: 02/01/2010, Contact: after March 31, 2010, EPA will EIS No. 20090391, ERP No. F–AFS– Peter A. Jilek, P.E. 360–753–9550. discontinue the publication of this K65359–CA, Salt Timber Harvest and EIS No. 20090449, Final EIS, USFS, MI, notice of availability of EPA comments Fuel Hazard Reduction Project, Niagara Project, To Address Site- in the Federal Register. Proposing Vegetation Management in Specific Vegetation and the Salt Creek Watershed, South Fork Draft EISs Transportation System Needs in the Management Unit, Hayfork Ranger Project Areas, Hiawatha National EIS No. 20090349, ERP No. D–SFW– District, Shasta-Trinity National Forest, St. Ignace and Sault Ste. Marie K91018–CA, Hatchery and Stocking Forest, Trinity County, CA. Ranger Districts, Mackinac and Program Operation of 14 Trout Summary: EPA’s previous asbestos Chippewa Counties, MI, Wait Period Hatcheries and the Mad River concerns have been resolved; therefore, Ends: 02/01/2010, Contact: Martha Hatchery for the Anadromous EPA does not object to the proposed Sjoren 906–643–7900 Ext. 117. Steelhead, Federal Funding, action. EIS No. 20090450, Final EIS, FERC, 00, California Department of Fish and Dated: December 24, 2009. Bison Pipeline Project (Docket No. Game, CA. Ken Mittelholtz, CP09–161–000), Construction, Summary: EPA expressed Deputy Director, NEPA Compliance Division, Operation, and Maintenance of environmental concerns about wetland Office of Federal Activities. Interstate Natural Gas Pipeline impacts, and requested additional [FR Doc. E9–31053 Filed 12–30–09; 8:45 am] Facilities, Application for Right-of- information on monitoring, aquatic Way Grant and Temporary Use BILLING CODE 6560–50–P toxicity, and ammonia toxicity. Rating Permit, NPDES Permit and U.S. Army EC2. COE 404 Permit, WY, MT, and ND, EIS No. 20090369, ERP No. D–USA– ENVIRONMENTAL PROTECTION Wait Period Ends: 02/01/2010, G11052–LA, Joint Readiness Training AGENCY Contact: Julia Bovey 1–866–208–3372. Center and Fort Polk Land [ER–FRL–8987–1] Amended Notices Acquisition Program, Purchase and Lease Lands for Training and EIS No. 20090446, Final EIS, USFS, NV, Environmental Impact Statements; Jarbidge Ranger District Rangeland Management Activities, in the Notice of Availability Parishes of Vernon, Sabine, Management Project, Proposed Natchitoches, LA. Responsible Agency: Office of Federal Reauthorizing Grazing on 21 Existing Activities, General Information (202) Grazing Allotments, Humboldt Summary: While EPA has no Toiyabe National Forest, Elko County, objections to the proposed action, EPA 564–1399 or http://www.epa.gov/ compliance/nepa/. NV, Wait Period Ends: 01/25/2010, did request clarification of wetland Contact: Vernon Keller 775–355–5356 issues. Rating LO. Weekly receipt of Environmental Impact Revision to FR Notice Published 12/ EIS No. 20090377, ERP No. D–BOP– Statements 24/2009: Correction to State and F81022–00, Criminal Alien Filed 12/21/2009 Through 12/25/2009 Comment Due Date. Requirement 9 Project, Proposal to Pursuant to 40 CFR 1506.9. Dated: December 24, 2009. Contract with one or more Private Notice Ken Mittelholtz, Contractors to House up to 2,500 Federal, Low-Security, Adult Male, In accordance with Section 309(a) of Deputy Director, NEPA Compliance Division, Office of Federal Activities. Non-U.S. Citizen, Criminal Aliens at the Clean Air Act, EPA is required to Contractor Owned and Operated make its comments on EISs issued by [FR Doc. E9–31057 Filed 12–30–09; 8:45 am] Correctional Facilities, Located in other Federal agencies public. BILLING CODE 6560–50–P Baldwin, MI and/or Lake City, FL. Historically, EPA has met this mandate by publishing weekly notices of Summary: EPA expressed availability of EPA comments, which DEPARTMENT OF HEALTH AND environmental concerns about includes a brief summary of EPA’s HUMAN SERVICES wastewater management impacts. Rating comment letters, in the Federal EC2. Register. Since February 2008, EPA has Indian Health Service EIS No. 20090385, ERP No. DS–TVA– been including its comment letters on A06090–AL, Bellefonte Site Single EISs on its Web site at: http:// Request for Public Comment: 30-Day Nuclear Unit Project, Proposes to www.epa.gov/compliance/nepa/ Proposed Information Collection: Complete or Construct and Operate a eisdata.html. Including the entire EIS Application for Participation in the IHS Single 1,100–1,200 MW Nuclear comment letters on the Web site Scholarship Program Generation Unit, Jackson County, AL. satisfies the Section 309(a) requirement AGENCY: Indian Health Service, HHS. Summary: EPA expressed to make EPA’s comments on EISs ACTION: Notice. environmental concerns about air available to the public. Accordingly, quality, wetland, and radiological after March 31, 2010, EPA will SUMMARY: In compliance with Section impacts. Rating EC2. discontinue the publication of this 3506(c)(2)(A) of the Paperwork

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Reduction Act of 1995 which requires a the IRS Scholarship Program.’’ Type of information. The IHS Scholarship 30-day advance opportunity for public Information Collection Request: Program is streamlining the application comment on the proposed information Previously Approved Collection (Form to reduce the time needed by applicants collection project, the Indian Health changes and additions). Form to complete and provide the information Service (IHS) has submitted to the Number(s): IHS–856, 856–2 through and plans on using information Office of Management and Budget 856–24, IHS–815, IHS–816, IHS–817, technology to make the application (OMB) a request to review and approve and IHS–818. Reporting formats are electronically available on the internet. the information collection listed below. contained in an IT–IS Scholarship Affected Public: Individuals, not-for- This proposed information collection Program application booklet. Need and profit institutions and State, local or project was previously published in the Use of Information Collection: The IHS Tribal Government. Type of Federal Register (74 FR 36714) on July Scholarship Branch needs this Respondents: Students pursuing health 24, 2009 and allowed 60 days for public information for program administration care professions. comment. No public comment was and uses the information to solicit, The table below provides: Types of received in response to the notice. The process, and award IHS Pre-graduate, data collection instruments, Estimated purpose of this notice is to allow 30 Preparatory, andlor Health Professions number of respondents, Number of days for public comment to be Scholarship grants and monitor the responses per respondent, Annual submitted directly to OMB. academic performance of awardees, to number of responses, Average burden Proposed Collection: Title: 0917– place awardees at payback sites, and for hour per response, and Total annual 0006, ‘‘Application for Participation in awardees to request additional program burden hour(s).

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

Scholarship Application (IHS–856) ...... 1500 1 1500 1.00 (60 mm) 1500 Application Checklist (IHS–856–2) ...... 1500 1 1500 0.13 (8 mm) 200 Faculty/Employer Evaluation (IHS–856–3) ...... 1500 2 3000 0.83 (50 mm) 2500 Narrative Statements (IHS–856–4) ...... 1500 1 1500 0.75 (45 mm) 1125 Delinquent Federal Debt (IHS–856–5) ...... 1500 1 1500 0.13 (8 mm) 200 Course Curriculum Verification (IHS–856–6) ...... 1500 1 1500 0.70 (42 mm) 1050 Verification of Acceptance (IHS–856–7) ...... 400 1 400 0.13 (8 mm) 53 Recipient’s Initial Program Progress Report (IHS– 856–8) ...... 400 1 400 0.13 (8 mm) 53 Notification of Academic Problem (IHS–856–9) ...... 50 1 50 0.13 (8 mm) 7 Change of Status (IHS–856–10) ...... 50 1 50 0.45 (25 mm) 21 Request for Approval of Deferment (IHS–856–11) ... 50 1 50 0.13 (8 mm) 7 Preferred Placement (IHS–856–12) ...... 200 1 200 0.75 (45 mm) 150 Notice of Impending Graduation (IHS–856–13) ...... 200 1 200 0.17 (10 mm) 33 Notification of Deferment Program (IHS–856–14) ..... 50 1 50 0.13 (8 mm) 7 Placement Update (IHS–856–15) ...... 200 1 200 0.18 (11 mm) 37 Annual Status Report (IHS–856–16) ...... 200 1 200 0.25 (15 mm) 50 Extern Site Preference Request (IHS–856–17) ...... 125 1 125 0.13 (8 mm) 17 Request for Extern Travel Reimbursement (IHS– 856–18) ...... 125 1 125 0.10 (6 mm) 13 Lost Stipend Checks (IHS–856–19) ...... 50 1 50 0.13 (8 mm) 7 Request for Tutorial Assistance (IHS–856–20) ...... 150 1 150 0.13 (8 mm) 20 Summer School Request (IHS–856–21) ...... 75 1 75 0.10 (6 mm) 8 Change of Name or Address (IHS–856–22) ...... 50 1 50 0.13 (8 mm) 7 Request for Credit Validation (IHS–856–23) ...... 30 1 30 0.10 (6 mm) 3 Faculty/Advisor Evaluation (IHS–856–24) ...... 1500 2 3000 0.83 (50 mm) 2500 Acknowledgment Card (IHS–8l5) ...... 1500 1 1500 0.03 (2 mm) 50 Address Change Notice (IHS–816) ...... 50 1 50 0.02 (1 mm) 1 Scholarship Program Agreement (IHS–817) ...... 175 1 175 0.05 (3 mm) 9 Health Professions Contract (IHS–818) ...... 225 1 225 0.05 (3 mm) 11

Total ...... 17,855 ...... 9,639 * For ease of understanding, burden hours are also provided in actual minutes.

There is no direct cost to respondents invited on one or more of the following enhance the quality, utility, and clarity other than their time to voluntarily points: (a) Whether the information of the information being collected; and complete the forms and submit them for collection activity is necessary to carry (f) ways to minimize the public burden consideration. The estimated cost in out an agency function; (b) whether the through the use of automated, time to respondents, as a group, is agency processes the information electronic, mechanical, or other $99,355.00 (9639 burden hours x 2009 collected in a useful and timely fashion; technological collection techniques or GS–3 base pay rate = $10.31 per burden (c) the accuracy of public burden other forms of information technology. hour). This total dollar amount is based estimate (the estimated amount of time Direct Comments to OMB: Send your upon the number of burden hours per needed for individual respondents to written comments and suggestions data collection instrument, rounded to provide the requested information); (d) regarding the proposed information the nearest dollar. whether the methodology and collection contained in this notice, Request for Comments: Your written assumptions used to determine the especially regarding the estimated comments and/or suggestions are estimates are logical; (e) ways to public burden and associated response

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time to: Office of Management and collection was previously published in challenges in cancer research and Budget, Office of Regulatory Affairs, the Federal Register on October 28, treatment, it is also necessary to ensure Attention: Desk Officer for IRS, New 2009 (74 FR 55558) and allowed 60 days that customers are satisfied with Executive Office Building, Room 10235, for public comment. One comment in programs. This customer satisfaction Washington, DC 20503. regards to NCI’s communication on research helps ensure the relevance, Send Comments and Requests for October 28, 2009, and we responded on utility, and appropriateness of the many Further Information: To request more October 28, 2009, ‘‘We received your educational programs and products that information on the proposed collection comment. We will take your comments OCE and NCI produce. OCE will use a or to obtain a copy of the data collection into consideration’’. The purpose of this variety of qualitative (focus groups, instrument(s) and or instruction(s) notice is to allow an additional 30 days interviews) and quantitative (paper, contact: Ms. Betty Gould, IHS Reports for public comment. The National phone, in-person, and web surveys) Clearance Officer, 801 Thompson Institutes of Health may not conduct or methodologies to conduct this formative Avenue, TMP, Suite 450, Rockville, MD sponsor, and the respondent is not and customer satisfaction research, 20852, call non-toll free (301) 443–7899; required to respond to, an information allowing NCI to: (1) Understand send via facsimile to (301) 443–9879; or collection that has been extended, characteristics (attitudes, beliefs, and send your e-mail requests, comments, revised, or implemented on or after behaviors) of the intended target and return address to: October 1, 1995, unless it displays a audience and use this information in the [email protected]. currently valid OMB control number. development of effective Proposed Collection: Title: A Generic Comment Due Date: Comments communication tools and strategies; (2) Submission for Formative Research, regarding this information collection are use a feedback loop to help refine, best assured of having full effect if Pretesting, and Customer Satisfaction of NCI’s Communication and Education revise, and enhance messages, materials, received within 30 days of the date of products, and programs—ensuring that this publication. Resources (NCI). Type of Information Collection Request: REVISION. Need they have the greatest relevance, utility, Dated: December 17, 2009. and Use of Information Collection: In appropriateness, and impact for/to Randy Grinnell, order to carry out NCI’s legislative target audiences; and (3) expend limited Deputy Director, Indian Health Service. mandate to educate and disseminate program resource dollars wisely and [FR Doc. E9–30947 Filed 12–30–09; 8:45 am] information about cancer prevention, effectively. This package represents the BILLING CODE 4165–16–M detection, diagnosis, and treatment to a combination of a currently approved wide variety of audiences and generic submission, ‘‘Pretesting of NCI’s organizations (e.g., cancer patients, their Office of Communications Messages,’’ DEPARTMENT OF HEALTH AND families, the general public, health (OMB No. 0925–0046) and a previously HUMAN SERVICES providers, the media, voluntary groups, approved generic submission, scientific and medical organizations), it ‘‘Customer Satisfaction with National Institutes of Health is beneficial for NCI, through its Office Educational Programs and Products of of Communications and Education the NCI’’ (OMB No. 0925–0526). Submission for OMB Review; Frequency of Response: On occasion. Comment Request; A Generic (OCE), to pretest NCI communications Affected Public: Individuals or Submission for Formative Research, strategies, concepts, and messages while households; Businesses or other for Pretesting, and Customer Satisfaction they are under development. This profit; Not-for-profit institutions; of NCI’s Communication and pretesting, or formative evaluation, Federal Government; State, local, or Education Resources (NCI) helps ensure that the messages, communication materials, and tribal Government. Type of SUMMARY: Under the provisions of information services created by NCI Respondents: Adult cancer patients; Section 3507(a)(1)(D) of the Paperwork have the greatest capacity of being members of the public; health care Reduction Act of 1995, the National received, understood, and accepted by professionals; organizational Cancer Institute (NCI), the National their target audiences. Since NCI’s OCE representatives. The table below Institutes of Health (NIH) has submitted also is responsible for the design, outlines the estimated burden hours to the Office of Management and Budget implementation, and evaluation of required for a three-year approval of this (OMB) a request for review and education programs over the entire generic submission. There are no approval of the information collection cancer continuum and management of Capital Costs, Operating Costs, and/or listed below. This proposed information NCI initiatives that address specific Maintenance Costs to report.

TABLE 1—ESTIMATES FOR BURDEN HOURS FOR THREE YEARS [Generic Study]

Total number Frequency of Minutes/hour Total burden Survey method of respondents response per response hours

Focus Groups ...... 900 1 90/60 (1.5) 1,350.00 Individual In-Depth Interviews (Typically longer than 15 minutes, includes Web site usability testing) ...... 600 1 45/60 (.75) 450.00 Brief Interviews (Typically less than 5 minutes) ...... 19,000 1 10/60 (.17) 3,166.67 Surveys (Web, phone, in-person, paper-and-pencil) ...... 12,500 1 10/60 (.17) 2,083.33

Totals ...... 33,000 ...... 7,050.00

Request for Comments: Written public and affected agencies are invited (1) Whether the proposed collection of comments and/or suggestions from the on one or more of the following points: information is necessary for the proper

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performance of the function of the Budget (OMB) approve the proposed Values for each QI can be estimated agency, including whether the information collection project: for a given hospital by applying information will have practical utility; ‘‘Development and Evaluation of computations in SAS programs (2) The accuracy of the agency’s AHRQ’s Quality Indicators developed by AHRQ to the hospital’s estimate of the burden of the proposed Improvement Toolkit.’’ In accordance pre-existing inpatient encounter data. collection of information, including the with the Paperwork Reduction Act, 44 To identify potential areas for validity of the methodology and U.S.C. 3501–3520, AHRQ invites the improving the quality and safety of the assumptions used; (3) Ways to enhance public to comment on this proposed care that a hospital provides, the the quality, utility, and clarity of the information collection. hospital can use these data to examine information to be collected; and (4) DATES: Comments on this notice must be its current performance on each QI Ways to minimize the burden of the received by March 1, 2010. measure, changes in its performance collection of information on those who over time, and how its performance ADDRESSES: Written comments should are to respond, including the use of compares to that of other hospitals. be submitted to: Doris Lefkowitz, appropriate automated, electronic, However, despite the availability of the Reports Clearance Officer, AHRQ, by e- mechanical, or other technological QIs as tools to help hospitals assess mail at [email protected]. collection techniques or other forms of their performance, many U.S. hospitals Copies of the proposed collection information technology. have limited experience with the use of plans, data collection instruments, and Direct Comments to OMB: Written such measurement tools, or in using specific details on the estimated burden comments and/or suggestions regarding quality improvement methods to can be obtained from the AHRQ Reports the item(s) contained in this notice, improve their performance as assessed Clearance Officer. especially regarding the estimated by these measures. public burden and associated response FOR FURTHER INFORMATION CONTACT: An alpha version of the Quality time, should be directed to the Doris Lefkowitz, AHRQ Reports Indicators Improvement Toolkit will be Attention: NIH Desk Officer, Office of Clearance Officer, (301) 427–1477, or by developed, which then will be field Management and Budget at e-mail at tested by six hospitals. During the field [email protected] or by [email protected]. test, the proposed evaluation will assess fax to 202–395–6974. To request more SUPPLEMENTARY INFORMATION: the usability of the Toolkit for hospitals, information on the proposed project or and it will examine their experiences in to obtain a copy of the data collection Proposed Project implementing interventions to improve plans and instruments, contact Nina Development and Evaluation of their performance on the AHRQ QIs, as Goodman, Senior Public Health AHRQ’s Quality Indicators well as effects on trends in the Advisor, Office of Communications and Improvement Toolkit. hospitals’ AHRQ QI values. Using Education (OCE), NCI, NIH, 6116 An important part of AHRQ’s mission results from the evaluation, the alpha Executive Blvd., Suite 400, Rockville, is to disseminate information and tools Toolkit will be revised to yield a final MD 20892, call non-toll-free number that can support improvement in quality Toolkit that will be effective in 301–435–7789 or e-mail your request, and safety in the U.S. health care supporting hospitals’ quality including your address to: community. See 42 U.S.C. 299(b)(1)(F); improvement efforts. [email protected]. 299a(a)(1) and (2). This proposed The development and evaluation of Comments Due Date: Comments information collection supports that the Quality Indicators Improvement regarding this information collection are part of AHRQ’s mission by developing Toolkit will be conducted by AHRQ’s best assured of having their full effect if and evaluating a toolkit that will enable contractor, the RAND Corporation, received within 30 days of the date of hospitals to effectively use AHRQs under contract number this publication. Quality Indicators (QIs). HHSA2902006000 171. RAND has Dated: December 21, 2009. AHRQ has developed sets of QIs that subcontracted with the University Kristine Miller, can be used by the Agency and others HealthSystem Consortium (UHC) to NCI Project Clearance Liaison, National to document quality and safety partner in the development of the Institutes of Health. conditions at U.S. hospitals. Two sets of Toolkit and field testing of it with [FR Doc. E9–31071 Filed 12–30–09; 8:45 am] QIs will be used in this proposed hospitals as they use the Toolkit in BILLING CODE 4140–01–P toolkit: the Inpatient Quality Indicators carrying out initiatives designed to (IQIs) and the Patient Safety Indicators improve performance on the QIs. (PSIs). The IQIs contain measures of Method of Collection DEPARTMENT OF HEALTH AND volume, mortality, and utilization for HUMAN SERVICES common medical conditions and major Case study research methods will be surgical procedures. The PSIs are a set used for this qualitative study. The Agency for Healthcare Research and of measures to screen for potentially following four data collection Quality preventable adverse events that patients instruments will be used in the may experience during hospitalization. evaluation: (1) Pre/post-test interview Agency Information Collection These QIs have been previously protocol—consisting of both open and Activities: Proposed Collection; developed and evaluated by AHRQ, and closed ended questions will be Comment Request are in use at a number of hospitals administered prior to implementation of AGENCY: Agency for Healthcare Research throughout the country. The QIs and the Toolkit and again post and Quality, HHS. supportive documentation on how to implementation. The purpose of this ACTION: Notice. work with them are posted on AHRQ’s data collection is to obtain data on the Web site at steps the hospitals took to implement SUMMARY: This notice announces the www.qualityindicators.ahrq.gov. Many actions to improve performance on the intention of the Agency for Healthcare of the QIs have been endorsed by the QIs; their plans for making process Research and Quality (AHRQ) to request National Quality Forum through its changes; and their experiences in that the Office of Management and consensus review process. achieving changes and perceptions

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regarding lessons learned that could be were most helpful, suggested changes to as one-hour group interviews with three shared with other hospitals. improve each tool, and suggestions for of the hospitals and during site visits (2) Update protocol—consisting of other tools to add to the Toolkit. This with the other three hospitals. At each both open and closed ended questions information will be used in the site visit, data will be collected through will be administered three times during revisions of the Toolkit following the one-hour interviews with the hospital’s the study (quarterly during the end of the field test. implementation team as well as through implementation year). The purpose of (4) AHRQ QI data collection tool— other group interviews performed this data collection is to capture used to collect the IQI and PSI measures separately with each of the key longitudinal data regarding hospitals’ calculated by the hospitals both prior to stakeholder groups—physicians, nurses, progress in implementing changes, implementation of the Toolkit and again clerks, and others. The additional data successes and challenges, and plans for post implementation. The purpose of from the stakeholder groups will allow subsequent actions. These data will this data collection is to determine if the triangulation of variations in include descriptive information on hospitals’ implementation actions, perceptions and experiences among changes over time in the hospitals’ including use of the toolkit, had a different groups, of which the implementation actions and how they measurable impact on the QI measures. implementation teams might not be are using the Toolkit, as well as aware. The quarterly update protocol Estimated Annual Respondent Burden experiential information on the will be administered quarterly to 2 perceptions of participants regarding the Exhibit 1 shows the estimated hospital staff members from each improvement implementation process annualized burden hours for the hospital during the year (in months 3, and its effects. It also ensures the respondents’ time to participate in this 6, and 9). The usability testing protocol collection of information close to information collection. Three protocols will be administered to 4 staff members pertinent events, which avoids the will be used to collect data from once at the end of the evaluation period. recall bias associated with retrospective respondents in interviews that will take The AHRQ QI data collection tool will reporting of experiences. one hour each. The pre/post-test be used both pre- and post- (3) Usability testing protocol—also interview protocol will be administered implementation to collect the QI consisting of both open and closed twice—at the beginning and end of the measures. The total burden is estimated ended questions will be administered field-test year. The pre-test interviews to be 360 hours. once at the end of the evaluation period. will be performed as one-hour group Exhibit 2 shows the estimated The purpose of this data collection is to interviews conducted with the six annualized cost burden associated with gather information from the hospitals on hospitals’ implementation teams at the the respondents’ time to participate in how they used each tool in the Toolkit, start of the year. At the end of the year, the evaluation. The total cost burden is the ease of use of each tool, which tools post-test interviews will be performed estimated to be $9,886.

EXHIBIT 1—ESTIMATED ANNUALIZED BURDEN HOURS

Number of Form name Number of responses per Hours per Total burden hospitals hours hospital response hours

Pre/Post-Test Interview Protocol ...... 6 26 1 156 Quarterly Update Protocol ...... 6 6 1 36 Usability Testing Protocol ...... 6 4 1 24 AHRQ QI Data Collection Tool ...... 6 2 *12 144

Total ...... 24 NA NA 360 * Includes time to program and run the computer programs necessary to produce the measures.

EXHIBIT 2—ESTIMATED ANNUALIZED COST BURDEN FOR HOSPITALS

Number of Total burden Average hour- Total cost Form name hospitals hours ly wage rate * burden

Pre/Post-Interview Protocol ...... 6 156 $27.46 $4,284 Quarterly Update Protocol ...... 6 36 27.46 989 Usability Testing Protocol ...... 6 24 27.46 659 AHRQ QI Data Collection Tool ...... 6 144 27.46 3,954

Total ...... 24 360 NA 9,886 * Based upon the mean of the average wages, National Compensation Survey: Occupational wages in the United States, March 2009, U.S. Department of Labor, Bureau of Labor Statistics. Used as an overall average wage rate across the various types of staff involved in the quality improvements.

Estimated Annual Costs to the Federal the government. The estimated total cost estimates of staff days required, to Government for the evaluation work is $209,827 over which administrative expenses are the two-year year project, with an applied, and based on airfare, hotel, and Exhibit 3 shows the estimated total annualized total cost of $104,914. These per diem costs for staff travel for the site and annualized cost of this project to costs were developed based on visits at the end of the evaluation.

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EXHIBIT 3—ESTIMATED COST OF THE EVALUATION

Cost component Total cost Annualized cost

Protocol Development ...... $40,278 $20,139 Data Collection Activities ...... 91,104 45,552 Data Analysis ...... 45,252 22,626 Publication of Results ...... 24,370 12,185 Travel for Site Visits ...... 8,823 4,412

Total ...... 209,827 104,914

Request for Comments development. Foreign patent agents in combination are able to inhibit In accordance with the above-cited applications are filed on selected all of the anti-apoptotic proteins Paperwork Reduction Act legislation, inventions to extend market coverage simultaneously. Furthermore, comments on AHRQ’s information for companies and may also be available immunotoxins can be specifically collection are requested with regard to for licensing. targeted to cancer cells, thereby any of the following: (a) Whether the ADDRESSES: Licensing information and increasing their effectiveness over a proposed collection of information is copies of the U.S. patent applications non-specific protein synthesis inhibitor. necessary for the proper performance of listed below may be obtained by writing The results suggest that the combination AHRQ healthcare research and to the indicated licensing contact at the could represent an effective approach to healthcare information dissemination Office of Technology Transfer, National enhancing the induction of apoptosis as functions, including whether the Institutes of Health, 6011 Executive an anti-cancer therapy. information will have practical utility; Boulevard, Suite 325, Rockville, Application: Combination anti-cancer (b) the accuracy of AHRQ’s estimate of Maryland 20852–3804; telephone: 301/ therapy. 496–7057; fax: 301/402–0220. A signed Advantages: burden (including hours and costs) of • the proposed collection(s) of Confidential Disclosure Agreement will Overcomes the anti-apoptotic information; (c) ways to enhance the be required to receive copies of the proteins frequently associated with quality, utility, and clarity of the patent applications. inducing apoptosis, thereby leading to information to be collected; and (d) an effective therapeutic approach. Synergy of ABT–737 With an • Synergistic effect improves toxicity ways to minimize the burden of the Immunotoxin To Kill Cancer Cells collection of information upon the of both the apoptosis-inducing agents Description of Technology: and immunotoxins. respondents, including the use of • automated collection techniques or Programmed cell death (i.e., apoptosis) Selective inhibition of protein other forms of information technology. represents an attractive approach for synthesis by immunotoxins increases Comments submitted in response to treating cancer. However, anti-apoptotic effectiveness versus using non-specific this notice will be summarized and proteins that are frequently active in inhibitors. included in the Agency’s subsequent cancer cells can allow the cells to Development Status: Preclinical stage request for OMB approval of the survive induction of apoptosis. While of development. proposed information collection. All inhibiting anti-apoptotic proteins has Inventors: David J. FitzGerald (NCI) et comments will become a matter of shown promise in combination with al. public record. apoptosis-inducing treatments, current Patent Status: U.S. Provisional inhibitors only show incomplete Application No. 61/238,032 (HHS Dated: December 10, 2009. effectiveness in promoting the induction Reference No. E–279–2009/0–US–01). Carolyn M. Clancy, of apoptosis. For more information, see: Director. ABT–737 is one such inhibitor; it can • Pastan et al., US Patent 4,892,827. [FR Doc. E9–30957 Filed 12–30–09; 8:45 am] only inhibit the function of three of the • Pastan et al., US Patent 5,705,163. BILLING CODE 4160–90–M four major anti-apoptosis proteins. The • Pastan et al., PCT Application PCT/ fourth member, known as a MCL1, is a US2008/075296 (WO 2009/032954). short-lived protein that can still prevent • JE Weldon et al. A protease- DEPARTMENT OF HEALTH AND apoptosis in the presence of ABT–737. resistant immunotoxin against CD22 HUMAN SERVICES Importantly, because MCL1 is a short- with greatly increased activity against lived protein, it requires protein CLL and diminished animal toxicity. National Institutes of Health synthesis to maintain levels that are Blood 2009 Apr 16;113(16):3792–3800. sufficient to continue blocking • DJ FitzGerald et al. Recombinant Government-Owned Inventions; apoptosis. immunotoxins for treating cancer. Int J Availability for Licensing This technology uses a combination Med Microbiol. 2004 Apr;293(7–8):577– AGENCY: National Institutes of Health, approach in the treatment of cancer. The 582. Public Health Service, HHS. inventors considered that combining Licensing Status: Available for ACTION: Notice. ABT–737 with a protein synthesis licensing. inhibitor might completely inhibit anti- Licensing Contact: David A. SUMMARY: The inventions listed below apoptotic proteins, leading to efficient Lambertson, PhD; 301–435–4632; are owned by an agency of the U.S. induction of apoptosis. Specifically, [email protected]. Government and are available for NIH inventors found that combining Collaborative Research Opportunity: licensing in the U.S. in accordance with ABT–737 and immunotoxins did result The Center for Cancer Research, 35 U.S.C. 207 to achieve expeditious in enhanced killing of cancer cells. Laboratory of Molecular Biology, is commercialization of results of Because immunotoxins function by seeking statements of capability or federally-funded research and inhibiting protein synthesis, the two interest from parties interested in

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collaborative research to further • retrieving portions of cryopreserved Tyrosyl-DNA phosphodiesterase develop, evaluate, or commercialize this semen for assisted reproductive (Tdp1) counteracts the action of these technology. Please contact John D. technology; chemotherapeutic agents and can Hewes, PhD at 301–435–3121 or • sampling of cryopreserved blood reduce their effectiveness in eliminating [email protected] for more plasma for detection of cytokines, tumor cells. Tdp1 is an enzyme that information. chemokines, or other proteins, repairs DNA lesions and infectious agents or performance- chemotherapeutic-mediated DNA A Device for Sterile Removal of a enhancing drugs. damage, such as the DNA breaks Biological Sample From a Advantages: induced by top1 inhibitors. Therefore, Cryopreserved Bag • Ability to isolate portions or Tdp1 is a rational anticancer target Description of Technology: cryopreserved biological materials while whose inhibition should enhance the Cryopreservation through freezing in retaining viability, sterility, and activity of common cancer liquid nitrogen allows the storage of cryopreserved integrity of remaining chemotherapeutics by permitting greater biological materials for extended material. DNA damage in tumor cells. • Compatibility with thousands of periods while maintaining their activity Scientists at the National Institutes of blood bags presently stored in and viability. It is commonly used in the Health (NIH) have discovered three clinic to store blood cells, semen, and commercial and public blood banks. Development Status: A prototype of classes of compounds that specifically umbilical cord blood (UCB) for future inhibit Tdp1, including cephalosporin use. These materials are typically only the device has been built and successfully tested. derivatives like beta-lactam antibiotics, obtainable in limited quantities and may ellagic acid derivatives such as be of great therapeutic value, as is the Market: This novel apparatus has commercial potential in diverse markets polyphenol antioxidants, and case of hematopoietic stem cells from verteporfin derivatives including UCB which can be used to treat and such as: Blood banking and blood products, human reproductive protoporphyrins. The compounds were cure a number of different life- identified as specific Tdp1 inhibitors threatening illnesses. It is common technologies, hematopoietic stem cell and tissue transplantation, medical via a high-throughput screening assay practice to cryopreserve viably in bags TM devices, stem cells, and cancer therapy. (AlphaScreen ) of the NIH Roadmap a variety of different cells obtained from Molecular Libraries Small Molecule the blood. Currently, even if only a Inventors: Richard W. Childs (NHLBI), Herbert Cullis (AFC), Sumi Vasu Repository (MLSMR). One current goal small portion of the cryopreserved of the scientists is to identify the sample is needed the whole bag must be (NHLBI). Patent Status: U.S. Provisional compounds with the greatest Tdp1 thawed, wasting much of the sample specificity and highest inhibitory since it cannot be effectively refrozen. Application No. 61/175,131 filed 04 May 2009 (HHS Reference No. E–173– activity against cancer cell proliferation. There is a need for a method of Some of the compounds identified are retrieving a small sample from a frozen 2009/0–US–01). Licensing Status: Available for widely used to treat a variety of other sample of cells in a bag while preserving licensing. diseases, including bacterial infections the cryopreserved state and integrity of Licensing Contact: Surekha Vathyam, (beta-lactam antibiotics) and the rest of the cellular material. PhD; 301–435–4076; neurodegenerative and cardiovascular Researchers at the National Heart, [email protected]. disorders (polyphenol antioxidants). Lung, and Blood Institute in Collaborative Research Opportunity: Now, through studies at the NIH, collaboration with the American The National Heart, Lung, and Blood Fluoroseal Corporation (AFC) have these compounds identified as Tdp1 Institute, Hematology Branch, is seeking inhibitors could be utilized to potentiate invented an apparatus that separates a statements of capability or interest from small portion of a cryopreserved the pharmacological action of top1 parties interested in collaborative inhibitors in the treatment of cancer biological material stored in a collection research to further develop, evaluate, or bag while maintaining the with combination drug therapies. Top1 commercialize the Device for Sterile inhibitor/Tdp1 inhibitor combination cryopreserved integrity, sterility, and Removal of a Biological Sample from a viability of the original cryopreserved chemotherapies are anticipated to be Cryopreserved Bag. Please contact more selective against tumor tissues material. This device could be used to Cecilia Pazman, PhD, 301–402–5579; retrieve small aliquots samples of than top1 inhibitors alone. In addition, [email protected] for more since Tdp1 is involved in repairing various cryopreserved cellular products information. and biological materials such as UCB, DNA damage caused by oxygen radicals blood mononuclear cells, stem cells, Optimizing Chemotherapeutic and tumors are known to contain excess semen, and plasma while maintaining Performance: Three Newly-Identified free radicals, Tdp1 inhibitors may also the viability and sterility of both the Classes of Tyrosyl-DNA prove useful as anticancer agents retrieved sample and the original Phosphodiesterase (Tdp1) Inhibitors independent of their use in conjunction with top1 inhibitors. cryopreserved material. Description of Technology: During Applications: The apparatus can be replication, DNA is structurally Applications: used for: modified and cleaved by a host of • Cancer therapeutics administered in • Retrieving hematopoietic stem cells enzymes, including topoisomerases. combination with known cancer drugs, from cryopreserved UCB unit to Some chemotherapeutic agents generate such as topoisomerase I inhibitors, to reconstitute the bone marrow of cancer their anti-cancer activity by inducing enhance the activity and selectivity of patients undergoing radiotherapy and DNA damage in rapidly replicating these chemotherapeutics. Various types chemotherapy; tumor cells, resulting in cell death. of cancer could be treated with this • retrieving portions of cryopreserved Topoisomerase I (top1) inhibitors, such combination therapy, including lung blood cells for expansion of antigen as camptothecins, are common cancer, colon cancer, breast cancer, reactive T-cells, NK cells, and chemotherapeutics that prevent the prostate cancer, melanoma, lymphomas, hematopoietic stem cells in the religation of DNA after cleavage during ovarian cancer, and pancreatic cancer to laboratory; replication. name a few.

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• Compounds utilized as a strategy to ribosome inhibitors. Mol Pharmacol. also identify future anti-osteoarthritic overcome chemotherapy resistance in 2006 Jul;70(1):366–372. drugs. cancer patients. 4. TS Dexheimer, et al. Tyrosyl-DNA Inventors: Shari M. Ling et al. (NIA). • Cancer drug administered alone as phosphodiesterase as a target for Patent Status: U.S. Patent Application a sole chemotherapeutic regimen for anticancer therapy. Anticancer Agents No. 11/573,711 filed 14 Feb 2007 (HHS patients. Med Chem. 2008 May;8(4):381–389. Reference No. E–354–2004/0–US–07) Advantages: Patent Status: U.S. Provisional and related international applications. • Positive S&E History with the FDA: Application No. 61/268,130 filed 08 Jun Licensing Status: Available for Some compounds found within each of 2009 (HHS Reference No. E–093–2009/ licensing. these three newly-identified classes of 0–US–01). Licensing Contact: Charlene A. Tdp1 inhibitors are used to treat other Licensing Status: Available for Sydnor, PhD; 301–435–4689; health problems like bacterial infections licensing. [email protected]. and cardiovascular disease. The FDA Licensing Contact: Samuel E. Bish, approval process for these inhibitors in PhD; 301–435–5282; VAC–BAC Shuttle Vector System for a combination therapy may be [email protected]. Generating Recombinant Poxviruses shortened given their proven track Collaborative Research Opportunity: Description of Technology: This record in other indications. The National Cancer Institute, invention relates to a VAC–BAC shuttle • Different Approach to Combination Laboratory of Molecular Pharmacology vector system for the creation of Chemotherapy: Combination is seeking statements of capability or recombinant poxviruses from DNA chemotherapy is a widely accepted interest from parties interested in cloned in a bacterial artificial treatment strategy for cancer patients, collaborative research to further chromosome. A VAC–BAC is a bacterial but many combinations lead to more develop, evaluate, or commercialize artificial chromosome (BAC) containing side effects and toxicities due to topic of invention or related laboratory a vaccinia virus genome (VAC) that can multiple drug activities. These Tdp1 interests. Please contact John D. Hewes, replicate in bacteria and produce inhibitors aim to enhance the activity PhD at 301–435–3121 or infectious virus in mammalian cells. and selectivity of the other drug used in [email protected] for more Applications: combination, which could lead to information. • VAC–BACs can be used to modify greater anticancer activity without an Biomarkers for Osteoarthritis vaccinia virus DNA by deletion, increase in side effects. insertion or point mutation or add new Development Status: This technology Description of Technology: DNA to the VAC genome with methods is in the pre-clinical stage of Osteoarthritis is chronic, often developed for bacterial plasmids, rather development. progressive and substantially disabling than by recombination in mammalian Market: Cancer continues to be a condition that becomes more common cells. medical and financial burden on U.S. with advanced age. Osteoarthritis • It can be used to produce public health. According to U.S. commonly involves the knees, hands, recombinant vaccinia viruses for gene estimates, cancer is the second leading hips, neck and back resulting in pain expression. cause of death with over 565,000 deaths and limitations of movement. • It can be used for the production of reported in 2008 and almost 1.5 million Unfortunately clinically available modified vaccinia viruses that have new cases were reported (excluding tests are neither capable of detecting improved safety or immunogenicity. some skin cancers) in 2008. In 2007, the osteoarthritis early in its development, Advantages: NIH estimated that the overall cost of nor sensitive enough to adequately • VAC–BACs are clonally purified cancer was $219.2 billion dollars and assess disease progression. A better from bacterial colonies before virus $89 billion went to direct medical costs. means of diagnosing early osteoarthritis reconstitution in mammalian cells. Despite our increasing knowledge of and its progression that can be used to • Manipulation of DNA is much cancer treatment and diagnosis assess the response to therapeutic simpler and faster in bacteria than in methods, the fight against cancer will treatments is needed. The currently mammalian cells. continue to benefit from the available laboratory techniques are • Modified genomes can be development of new technologies aimed highly sensitive but either lack characterized prior to virus at treating individuals with disease and specificity or require large volumes of reconstitution. diagnosing susceptible patients. sample. Rolling Circle Amplification • Only virus with modified genomes Inventors: Yves Pommier (NCI) et al. (RCA) is new technology that precisely will be produced so that virus plaque Selected Publications: localizes unique signals arising from isolations are not needed. 1. C Marchand, et al. Identification of single reporter molecules. RCA has been • Generation of a stock of virus from phosphotyrosine mimetic inhibitors of incorporated into antibody-based a VAC–BAC is accomplished within a human tyrosyl-DNA phosphodiesterase microarray system protein chips that week rather than many weeks. I by a novel AlphaScreen high- enable testing with high sensitivity and • Multiple viruses can be generated at throughput assay. Mol Cancer Ther. specificity for hundreds of proteins the same time since plaque purification 2009 Jan;8(1):240–248. simultaneously, using small sample is unnecessary. 2. S Antony, et al. Novel high- volumes. Inventors: Bernard Moss and Arban throughput electrochemiluminescent This invention describes a method of Domi (NIAID). assay for identification of human using RCA technology for detecting the Related Publications: tyrosyl-DNA phosphodiesterase (Tdp1) expression of serum proteins that are 1. A Domi and B Moss. Cloning the inhibitors and characterization of perturbed in osteoarthritis patients. The vaccinia virus genome as a bacterial furamidine (NSC 305831) as an inhibitor results of this testing can be used to artificial chromosome in Escherichia of Tdp1. Nucleic Acids Res. identify proteins associated with coli and recovery of infectious virus in 2007;35(13):4474–4484. osteoarthritis presence, prediction of mammalian cells. Proc Natl Acad Sci 3. Z Liao, et al. Inhibition of human osteoarthritis development and USA. 2002 Sep 17;99(19):12415–12420. tyrosyl-DNA phosphodiesterase I by prognosis, predict response to 2. A Domi and B Moss. Engineering of aminoglycoside antibiotics and osteoarthritis treatment and potentially a vaccinia virus bacterial artificial

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chromosome in Escherichia coli by contrast and sensitivity of x-ray images. can detect materials and structures that bacteriophage lambda-based More specifically, the method described are invisible by conventional absorption recombination. Nat Methods. 2005 in the invention provides a technique to images, current techniques remain Feb;2(2):95–97. obtain in a single shot x-ray diffraction, difficult to implement due to Patent Status: U.S. Patent No. differential phase-contrast, as well as requirements for specialized x-ray 7,494,813 issued 24 Feb 2009 (HHS the conventional absorption images. X- optical components and/or brilliant Reference No. E–355–2001/2–US–02). ray diffraction reveals information about sources, and lengthy scanning of Licensing Status: Available for microscopic structures in the imaged analyzer components such as perfect licensing. object from nanometer to micrometer crystals or high-density gratings. A Licensing Contact: Sue Ano, PhD; scales which enables detection of recent publication (US2007/0183563 301–435–5515; [email protected]. specific materials and disease A1) mentioned that by using a detector 1 Dated: December 23, 2009. pathologies that are invisible in with elements less than ⁄3 of the pitch Richard U. Rodriguez, conventional x-ray images. The main of an analyzer grating, it is possible to advantage of the invention over prior art obtain differential phase-contrast images Director, Division of Technology Development and Transfer, Office of Technology Transfer, is the single-shot capability without the in one measurement without the need to National Institutes of Health. need to scan an analyzer crystal or scan. US2007/0183580 A1 further [FR Doc. E9–31075 Filed 12–30–09; 8:45 am] grating, and without the need for any elaborates on this technique and hardware beyond standard radiography specifies that the detector elements are BILLING CODE 4140–01–P equipment. It also offers flexibility in an integer fraction of the grating pitch hardware configuration to target specific so that sub-groups of the detectors can DEPARTMENT OF HEALTH AND materials by their diffraction signature. report x-ray intensities of different HUMAN SERVICES For this reason the invention is highly portions of a grating period, from which adaptable and well suited for day-to-day the phase shift of the grating pattern is National Institutes of Health applications of x-ray radiography and measured. Such detectors are highly computed tomography. challenging to realize, and are not able Government-Owned Inventions; In one of the embodiments of the to cope with varying pitches or patterns Availability for Licensing invention for example, a scattering of x-ray beam modulation. imaging method uses a transmission It is additionally known in the art to AGENCY: National Institutes of Health, grid to modulate the intensity of a beam remove the effects of scattering with the Public Health Service, HHS. of an x-ray radiation source. A detector use of grids, gratings, or other masks of ACTION: Notice. captures a raw image from the periodically arranged opaque areas. modulated intensity pattern. A Specifically, a mask or multiple masks SUMMARY: The inventions listed below diffraction image can be automatically of periodically arranged opaque areas are owned by an agency of the U.S. generated from the detected modulated are placed in the x-ray path, such that Government and are available for intensity pattern. periodic dark shadows are created on a licensing in the U.S. in accordance with In yet another embodiment, both a recorder surface either by direct 35 U.S.C. 207 to achieve expeditious diffraction image and a differential geometric shadowing or by wave- commercialization of results of phase-contrast image are obtained in a interference effects. The shadow areas Federally-funded research and single exposure. Advantageously, only receive x-ray which is scattered in development. Foreign patent commercially available x-ray grids and the object. The signals of these shadow applications are filed on selected radiography machines can be used for areas are subtracted from the raw image inventions to extend market coverage this method, and exact positioning of to yield an image free of the effects of for companies and may also be available the grid is unnecessary, as the method scattering. for licensing. works for any non-zero distance Nonetheless, the above variations ADDRESSES: Licensing information and between the grid and the detector. Thus, require exacting procedures or are copies of the U.S. patent applications the speed and ease of implementation expensive, making the prior art ill- listed below may be obtained by writing makes it suitable for both planar suited for today’s routine x-ray imaging to the indicated licensing contact at the radiography and 3D computed applications, including non-destructive Office of Technology Transfer, National tomography. In addition to its medical testing (e.g., component inspection Institutes of Health, 6011 Executive diagnostics significance, the invention without damage), security screening, Boulevard, Suite 325, Rockville, can be utilized in other, non-medical and medical diagnostic exams. Maryland 20852–3804; telephone: 301/ applications such as non-destructive The present technology overcomes the 496–7057; fax: 301/402–0220. A signed inspections and security screening. drawbacks of the prior art by allowing Confidential Disclosure Agreement will the acquisition of x-ray diffraction, be required to receive copies of the Applications differential phase-contrast and patent applications. • Medical diagnostic radiography and absorption images all in a single exposure without the need for scanning Fourier X-ray Scattering and Phase- computed tomography. For example, or any hardware beyond commercial Contrast Imaging: Enhanced Contrast imaging blood vessels, imaging of bones radiography equipment. and Sensitivity of X-ray Images (i.e., osteoporosis, fractures). • Non-invasive characterization of It is particularly flexible when Description of Technology: The material microscopic structures by compared to prior art in that the number invention offered for licensing is planar radiography or 3D computed of transmission grids, their patterns and broadly applicable to medical diagnostic tomography implementations of the their positions can all be adjusted to imaging, biological imaging, industrial invention. selectively detect or enhance specific non-destructive testing, security • Detection of materials by their materials, such as contrast agents in screening, and other routine x-ray diffraction signature in x-ray medical diagnostic imaging or explosive inspections. The invention provides a inspections and security screening. materials in security screening. method and apparatus that can Advantages: Although x-ray Development Status: The invention is significantly improve and enhance the diffraction and phase-contrast imaging fully developed.

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Market: The market for medical is estimated that about 25% of scanning Licensing Contacts: Uri Reichman, imaging equipment industry is stations are in private practices and PhD, MBA; 301–435–4616; approximately $9.0 billion dollars now imaging centers that are not part of a [email protected]; or John Stansberry, PhD; and has been growing by approximately hospital. Most hospitals have a range of 301–435–5236; [email protected]. 7.6% annually. X-ray imaging and scanners from low-slice to high-slice. Collaborative Research Opportunity: related instrumentation constitutes a The overall trend is towards acquiring The National Heart, Lung, and Blood significant portion of this market. high-slice scanners which can be similar Institute, Laboratory of Cardiac • X-ray radiography is the most in terms of capital costs but far superior Energetics, is seeking statements of common and widely available in function. capability or interest from parties diagnostic imaging technique. Even • One of the fastest growing interested in collaborative research to when a diagnostic testing requires more applications is CT angiograms, currently further develop, evaluate, or powerful or sophisticated tests, an x-ray at an annual rate of about half a million commercialize single-shot x-ray imaging may many times be needed first in the U.S. Pediatric usage is also diffraction and phase-contrast imaging. before other more sophisticated tests are growing. An estimated 6 million CT Please contact Denise Crooks at 301– applied. scans per year are done for pediatric 402–5579 or [email protected] for • X-ray angiography currently cases. Of these, about 600,000 are done more information. provides the best visualization of blood for head and abdominal examinations. vessels in the body. The ability of this Non-Contact Total Emission Detection The ability of the present technology to Methods for Multiphoton Microscopy: technology to selectively enhance highlight certain contrast agents against contrast agents can eliminate difficulties Improved Image Fidelity and Biological background tissue and bone signal can Sample Analysis associated with subtraction angiography significantly enhance CT angiography. and improve angiography exams. • The women’s mammography Description of Technology: The • The advent of Computed segment of x-ray imaging is poised for technology offered for licensing and for Tomography (CT) and other digital x-ray a major new phase of growth fueled by further development is in the field of technologies have enhanced the the availability of new technology multiphoton microscopy (MPM). More capabilities of x-ray imaging and have coming out of the computer and digital specifically, the invention describes and resulted in the tremendous growth of x- areas and the higher interest of claims optical designs that can enhance ray imaging. CT combines x-rays with individual patients and general and extend the capabilities of MPM in computer technology and can produce a healthcare consumers to take charge of spectral imaging of biological samples. highly detailed, cross-sectional image of their own health status. Continuous The unique design of the light collection the body and organs, tissues or tumors improvements in technology are and the detection optics maximizes the inside the body. CT scans are now resulting in a growing number of new collection of emitted light, thus routinely used to diagnose problems imaging diagnostic tests that combine increasing the signal and hence the with small, bony structures or in cases high levels of accuracy with rapid, easy- signal-to-noise ratio (SNR). of severe trauma to the brain, spinal to-use product formats. Digital Improvement in image fidelity will cord, chest, abdomen, or pelvis. mammography is driving more result in improved analysis of biological Furthermore, the introduction of multi- screening programs. samples and thus will favorably impact slice CT has been one of the most • X-ray inspection in product quality medical research and possibly clinical significant enhancements ever brought control and in security screening. The diagnosis. The present technology is a to the market, and the technological present technology offers the ability to further improvement on the TED (Total innovations that have been made within detect and target materials based on Emission Detection) technology, first the realm of CT in recent years are their x-ray diffraction signatures. It may disclosed by Dr. Robert Balaban et al. at revolutionary and should be the primary significantly enhance the sensitivity and the NIH in 2006 and claimed in U.S. drivers for future industry growth. specificity of the inspection. patent application 11/979,600, now Electron Beam Technology (EBT) for The present technology provides allowed (Patent Publication US–2008– example is a CT technology that created enhancement in x-ray imaging, thus its 0063345 A1, March 13, 2008). The opportunities in cardiac diagnostics. CT application in x-ray instrumentation, earlier NIH TED technology proposed an requires fast and robust image offers excellent commercial optical design based on enveloping the acquisition, thus the present invention opportunities given the size of the entirety of a small sample in a parabolic is uniquely able to enhance CT with industry. mirror/condenser combination so light diffraction and phase contrast. emanated by a sample in all directions • Inventors: Han Wen (NHLBI). The United States market for is redirected to the detector. The present computed tomography (CT) scanning Related Publications technology further expands the systems is estimated to touch $3.6 1. Wen H, Bennett EE, Hegedus MM, capabilities of TED as its unique design billion by the end of 2009. The U.S. Rapacchi S. Fourier X-ray scattering employing parabolic, toric and conic accounts for over 50.0 percent of the radiography yields bone structural mirrors ensures maximum light worldwide market. Cardiac imaging is a information. Radiology 2009 collection from large samples in cases fast expanding CT application due to its Jun;252(3):910–918. where there is only access to one side utility in emergency medicine, 2. Wen H, Bennett E, Hegedus MM, of the tissues (e.g., in vivo or ex vivo). perfusion studies and CT angiography. Carroll SC. Spatial harmonic imaging of This is accomplished by the redirection While hospitals started out as the X-ray scattering—initial results. IEEE of all attainable light (i.e., light escaping original care site where scanning was Trans Med Imaging 2008 Aug;27(8):997– the tissue or a whole animal in the epi done, independent imaging centers and 1002. and sideway directions) to the detector. physician’s offices offering scanning Patent Status: PCT Application No. have become widespread in the U.S. PCT/US2009/051642 filed 24 Jul 2009 Applications over the last decade. With the advent of (HHS Reference No. E–248–2009/0– • Tissue and cell analysis in portable and mobile CT scans, access PCT–01). biomedical research. and availability of this imaging modality Licensing Status: Available for • Potential applications in clinical has increased significantly. Currently it licensing. diagnostics.

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Advantages: The advent of 2. Presentation, 7th EBSA European ADDRESSES: Licensing information and multiphoton microscopy (MPM) Biophysics Congress, July 11–15, 2009, copies of the U.S. patent applications provided several advantages in Genova, Italy (http://EBSA2009.org). listed below may be obtained by writing comparison to single-photon confocal 3. CA Combs, AV Smirnov, JD Riley, to the indicated licensing contact at the microscopy. In particular the nonlinear AH Gandjbakhche, JR Knutson, RS Office of Technology Transfer, National optics used with this technology, Balaban. Optimization of multiphoton Institutes of Health, 6011 Executive combined with the elimination of a excitation microscopy by total emission Boulevard, Suite 325, Rockville, confocal pinhole aperture, led to direct detection using a parabolic light Maryland 20852–3804; telephone: 301/ sectioning and the use of lower energy reflector. J Micros. 2007 496–7057; fax: 301/402–0220. A signed photons. This approach preserves the Dec;228(Pt3):330–337. Confidential Disclosure Agreement will integrity of the observed object (i.e. Patent Status: U.S. Provisional be required to receive copies of the tissue) thus improving imaging results. Application No. 61/224,772 filed 10 Jul patent applications. The technology presented here further 2009 (HHS Reference No. E–236–2009/ Device and Method for Direct enhances the capabilities of MPM by 0–US–01). Measurement of Isotopes of Expired providing the following advantages: Related Technology: U.S. Patent Gases: Application in Research of • Increased signal-to-noise ratio. Application No. 11/979,600 filed 06 Metabolism and Metabolic Disorders, • Enhanced image resolution due to Nov 2007, now allowed (HHS Reference and in Medical Screening and SNR. No. E–257–2005/0–US–04). Diagnostics • Licensing Status: Available for Improved analytical capabilities. licensing. Description of Technology: The • Non-contact. Licensing Contacts: Uri Reichman, technology offered for licensing and for • May readily be adaptable to PhD, MBA; 301–435–4616; further development concerns a novel commercial microscopes. [email protected]; or Michael Shmilovich, device for intervallic collection of Development Status: The invention is JD; 301–435–5019; expired gas from subjects and fully developed. Prototype microscope [email protected]. subsequent measurement of the isotopic has been built. May need further Collaborative Research Opportunity: content of such expired gases. The validation by rigorous in vivo testing The NHLBI Laboratory of Molecular device is specifically designed for under a variety of different conditions. Biophysics is seeking statements of medical research and clinical Also need to build the smaller prototype capability or interest from parties applications, and in particular in the that could screw into normal objective interested in collaborative research to area of metabolic disorders. The device turrets. Alternative realizations with further develop, evaluate, or may facilitate the development and ‘integrated optic’ structures are also commercialize an enhanced method of testing of new therapies for such planned. multiphoton microscopy that is suitable disorders and may be used for medical screening and diagnostics of metabolic Market: Multiphoton microscopy for the spectral imaging of biological diseases. The unique design of the (MPM) has found a niche in the world samples. Please contact Brian W. Bailey, device includes a constant volume of biological imaging as the best PhD at [email protected] for more information. respiratory chamber equipped with a noninvasive means of fluorescence series of valves and stopcocks to allow microscopy in tissue explants and living Dated: December 24, 2009. precise and repetitive removal of animals. Coupled with transgenic Richard U. Rodriguez, expired gases, and addition of air or mouse models of disease and ‘smart’ Director, Division of Technology Development other gas to maintain the chamber at a genetically encoded fluorescent and Transfer, Office of Technology Transfer, constant volume. Also included is a indicators, its use is now increasing National Institutes of Health. vacuum tube adapter linked to a port on exponentially. Properly applied, it is [FR Doc. E9–31074 Filed 12–30–09; 8:45 am] a three-way stopcock to allow facile capable of measuring calcium transients μ BILLING CODE 4140–01–P transfer of the chamber gases to vacuum 500 m deep in a mouse brain, or tubes for subsequent chemical analyses. quantifying blood flow by imaging The device also includes gas sensors shadows of blood cells as they race DEPARTMENT OF HEALTH AND operably linked to detectors and through capillaries. One of the great HUMAN SERVICES inserted to the chamber through airtight advantages of optical microscopy is its ports; this allows the operator to ability to let scientists peek beneath the National Institutes of Health independently and directly measure the tissue surface and study cellular carbon dioxide production rate and processes at work. Over the last two Government-Owned Inventions; Availability for Licensing oxygen consumption of the test subject decades, the use of multiphoton while the expired gases are removed for microscopy has spread to all major areas AGENCY: National Institutes of Health, study. of biological research. As researchers are Public Health Service, HHS. The experimental subject (e.g. finding more and more applications for ACTION: Notice. mammal) is first contacted with a this powerful technique the need for substrate (e.g. amino acid, fatty acid, enhanced performance and enhanced SUMMARY: The inventions listed below organic acid) containing an isotope (e.g. capabilities is also increasing. The are owned by an agency of the U.S. 13C) and placed in the chamber. The improvements provided in the present Government and are available for unique design allows easy gas removal technology are simply added to existing licensing in the U.S. in accordance with and addition while maintaining a MPM and therefore present excellent 35 U.S.C. 207 to achieve expeditious constant chamber volume. Precisely commercial opportunities. commercialization of results of federally measured air samples are collected from Inventors: Jay R. Knutson (NHLBI). funded research and development. the chamber by the syringe and Foreign patent applications are filed on subsequently transferred to a self- Related Publications selected inventions to extend market sealing vacuum tube which is then 1. U.S. Patent Application Publication coverage for companies and may also be removed for analysis. Subsequent US–2008–0063345 A1, March 13, 2008. available for licensing. sampling is accomplished in the exact

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same manner, after an equivalent Market: Metabolic disorders affect Venditti. Long-term rescue of a lethal volume of ambient air, or other gas such millions of people worldwide. murine model of methylmalonic as pure oxygen, is reinjected in the Thousands of metabolic diseases, acidemia using adeno-associated viral chamber to maintain pressure and including inborn errors of metabolism gene therapy. Mol Ther 2009 Oct 27. volume. Air samples from the chamber and endocrinopathies, have been Epub ahead of print, PMID: 19861951). are collected periodically and the identified in humans. Apart for affecting Huge efforts have been made by many content of the isotope (13C) accumulated the life quality of people afflicted with pharmaceutical companies to develop in the chamber gas due to metabolism these diseases, some of them are and market drugs for the treatment of 13 and the formation of CO2 is measured responsible for large numbers of metabolic diseases, and many (e.g. via Isotope Ratio Mass morbidity and mortality. The World commercial opportunities exist in this Spectroscopy (IRMS)) from the collected Health Organization (WHO) estimates area. The magnitude of the potential samples. The rate of the metabolite’s that type 2 diabetes affects 135 million market can be further exemplified by 13 development (i.e. CO2) can thus be people worldwide and that 300 million the following data published in determined and can thus provide commercial market research analyses: people meet the criteria for obesity. • information on the metabolic status of Dyslipidemia is another major metabolic The global market for prescription the subject, such as the rate and extent disorder, affecting approximately 300 endocrine and metabolic disease drugs was $66.2 billion in 2005 and $72.3 of oxidation of the administered isotope. million people in the United States, billion in 2006. At a compounded Furthermore, results of such analysis Japan, and Western Europe. These three annual growth rate (CAGR) of 5.2%, the can provide fundamental information disorders alone—type 2 diabetes, on the ability of the subject to market will reach $96.4 billion by 2011. obesity, and dyslipidemia (high blood • Drugs for hypercholesterolemia metabolize a compound, quantitate the cholesterol and triglycerides is lipid effectiveness of an experimental therapy dominated the highest share of the disorder)—are highly prevalent and lead market, worth almost $37.1 billion in (i.e. enzyme replacement, gene therapy, to significant morbidity and mortality. hormone administration, etc.) and thus 2006, a 51.3% share. By 2011 its share Many other known metabolic disorders will drop slightly to 47.2% ($45.5 facilitate progress in the development of such as polycystic ovarian syndrome interventional therapies. billion of the total market), though it (PCOS), and non-alcoholic will remain the largest sector of the Applications: steatohepatitis (NASH) are common in • Research in the area of metabolic market. the population, and although they may • Obesity drugs and treatment have disorders. be less severe, still account for the highest growth potential throughout • Development of therapies significant morbidity and mortality, the forecast period. A relatively small (including enzyme replacement and especially in the pediatric population. A market, its growth however is booming gene therapy) for metabolic disorders. large group of metabolic diseases have • at a CAGR of 23.8%. By 2011 the sector Potential applications in screening received extensive attention due to the will be worth more than $4.0 billion. and diagnostics of metabolic disorders. implementation of population newborn • • 2007 sales of the recombinant Assessment of non-invasive breath screening are caused by the body’s enzyme replacement therapies (ERT) tests to study metabolism. inability to break down certain proteins reached a record level of US$ 2.3 billion Advantages: and fats and the undesirable buildup of shared predominantly by three • The device of this invention is amino and organic acids in the blood. companies (Genzyme, Shire and uniquely designed for precise periodic Examples include amino acid disorders Biomarin Pharmaceuticals) for a total of collection of expired gas samples from such as phenylketonuria (PKU) and seven different products. Companies are a test subject and their transfer for maple syrup urine disease (MSUD); fatty working to extending the market by analytical processing while the carbon acid oxidation defects such as medium- developing novel ERTs for further dioxide production rate and oxygen and long-chain acyl-CoA dehydrogenase human genetic diseases as well as by consumption rate are independently deficiencies (VLCADD and MCADD), profiling small molecule therapies for and simultaneously measured. and organic acidemias including enhancement of enzymatic activities. • The unique configuration of the methylmalonic, propionic and Porcine-derived extracts containing device and the manner in which the isovaleric acidemia. Most states in the pancrelipase (a mixture of lipase, valves and stopcocks are attached to the USA are now testing every baby for amylase and protease among others) main chamber facilitates the these, and other conditions as part of recently were forced by the FDA to performance of repetitive measurements routine newborn screening. These undergo regulatory review of an NDA. in a seamless, precise and reliable diseases are caused by genetic defects Now these products are exposed to fashion. and are inherited; for example MMA upcoming competition with enzymes • The technique and device uses (Methylmalonic Acidemia) is estimated produced by recombinant DNA stable isotopes, so treated animals can to occur in 1 in 25,000–48,000 babies. technology which intent to capture a be returned to the cage after study with Similarly, Propionic Acidemia, caused part or maintain existing sales of no concerns of radioactive by a deficiency of the enzyme exocrine enzyme replacement therapies contamination. This also allows animals propionyl-CoA carboxylase, affects 1 in (2007 sales > US$ 300 million). that are difficult and expensive to 100,000 new born babies in the U.S. and The huge market for drugs and create, such as genetically engineered even more than that in other countries. diagnostics for metabolic diseases and rodents, to be repeatedly studied, pre- While the disorders are individually the need to develop newer treatments and post-intervention(s) and with infrequent, collectively, they occur at an increase the demand for new tools to various compounds at different times. incidence of approximately 1 in 6000 facilitate and accelerate research in this • The device can be readily fabricated births. The device of this invention is area. The present invention therefore in a relatively inexpensive manner and particularly suitable for research in this presents a favorable commercial operated with simple instructions. area of diseases and an example related opportunity. Development Status: The invention is to its application in MMA is provided Inventors: Randy Chandler and fully developed. A prototype in the patent application and a recent Charles P. Venditti (NHGRI) functioning device was fabricated. publication (RJ Chandler and CP Related Publications:

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1. CP Venditti, E Manoli, RJ Chandler. Applications: Vaccines compositions Inventors: David Narum (NIAID) et al. A Method To Determine The In Vivo against Malaria in the form of DNA Related Publications: Oxidative Capacity For 13C Isotopomers vaccines or as protein immunogens. 1. H Liang and BK Sim. Conservation In Mice: Use To Study Intermediary Advantage: Due to the complex nature of structure and function of the Metabolism And To Monitor Transgene of the malaria parasite, multiple erythrocyte-binding domain of Activity. Presented at the American approaches have been attempted to Plasmodium falciparum EBA–175. Mol Society of Gene Therapy 12th Annual develop malaria vaccines. In particular, Biochem Parasitol. 1997 Feb;84(2):241– Meeting, May 2009. due to the diversity attributed to the 245. 2. RJ Chandler and CP Venditti. Long- different life cycle stages of the parasite, 2. DL Narum et al. Codon term rescue of a lethal murine model of there are several sites that can be used optimization of gene fragments methylmalonic acidemia using adeno- as vaccine targets. The approach offered encoding Plasmodium falciparum associated viral gene therapy. Mol Ther. in the present invention, i.e. blockage of merzoite proteins enhances DNA 2009 Oct 27; Epub ahead of print. the binding to blood erythrocyte, may vaccine protein expression and Patent Status: U.S. Patent Application work independently or in combination immunogenicity in mice. Infect Immun. with other vaccines based on different No. 12/418,795 filed 09 Apr 2009 (HHS 2001 Dec;69(12):7250–7253. mechanisms to create an effective Reference No. E–099–2009/0–US–01). 3. DL Narum et al. A novel vaccine against malaria. Plasmodium falciparum erythrocyte Licensing Status: Available for Development Status: Proof of concept binding protein-2 (EBP2/BAEBL) licensing. demonstrated. involved in erythrocyte receptor Licensing Contacts: Uri Reichman, Market: Malaria is a major public PhD, MBA; 301–435–4616; health problem in more than 90 binding. Mol Biochem Parasitol. 2002 [email protected]; Michael Shmilovich, countries, inhabited by more than 2.4 Feb;119(2):159–168. Esq.; 301–435–5019; billion people—40% of the world’s Patent Status: U.S. Patent No. [email protected]. population. The disease is estimated to 7,078,507 issued 18 Jul 2006, entitled Collaborative Research Opportunity: kill approximately one (1.0) million ‘‘Synthetic genes for malarial proteins The Organic Acid Research Section, people a year, and to cause up to 600 and methods of use’’ (HHS Reference Genetic and Molecular Biology Branch, million new infections worldwide No. E–052–2004/0–US–02) National Human Genome Research annually. Although the disease is Licensing Status: Available for Institute (NHGRI) is seeking statements mostly prevalent in developing licensing. of capability or interest from parties countries and in particular in Sub- Licensing Contacts: Uri Reichman, interested in collaborative research to Saharan Africa, it also presents a PhD, MBA; 301–435–4616; further develop, evaluate, or significant health problem for the [email protected]. commercialize this technology or developed countries due to the Collaborative Research Opportunity: related laboratory interests. Please extensive travelling between continents The NIAID Office of Technology contact Claire T. Driscoll at at this age of global economy. Development is seeking statements of [email protected] for more Despite of the urgent need to find an capability or interest from parties information. effective cure against malaria, such cure interested in collaborative research to further develop, evaluate, or Vaccines Against Malarial Diseases has not been developed yet. Although several small molecule drugs have been commercialize the erythrocyte binding Description of Technology: The used to alleviate the symptoms of the protein as a malaria vaccine. Please invention offered for licensing is in the disease, a vaccine that can prevent the contact Dana Hsu at 301–496–2644 for field of use of vaccines for malaria. The disease, or eradicate it altogether has not more information. invention provides gene sequences been developed yet, in spite of the many Novel Acylthiol Compositions and encoding an erythrocyte binding protein efforts to develop such a vaccine. The Methods of Making and Using Them of a malaria pathogen for the expression challenge in developing a malaria Against HIV of the erythrocyte binding protein. The vaccine is due to the nature of the codon composition of the synthetic gene parasites that cause the disease, Description of Technology: This sequences approximates the mammalian primarily the Plasmodium falciparum invention provides a novel family of codon composition. The synthetic gene parasite. The parasite, which is acylthiols and uses thereof. More sequences are useful for incorporation transmitted to the human body via specifically, this invention provides into DNA vaccine vectors, for the mosquito’s bite, is quite complex and is effective inhibitors of HIV that incorporation into various expression characterized by structural diversity selectively target its highly conserved vectors for production of malaria associated with the different stages of its nucleocapsid protein (NCp7) by proteins, or both. The synthetic genes life cycle. interacting with metal chelating may be modified to avoid post- The urgent public health need in a structures of a zinc finger-containing translational modification of the vaccine against malaria may present a protein. Because of the mutationally encoded protein in other hosts. substantial commercial opportunity to intolerant nature of NCp7, drug Administration of the synthetic gene any vaccine or pharmaceutical resistance is much less likely to occur sequences, or the encoded protein, as an company. The approach described and with compounds attacking this target. In immunization agent is useful for claimed in the present invention, i.e. addition, these drugs should inactivate induction of immunity against malaria, blocking of the binding of the parasite all types and strains of HIV and could treatment of malaria, or both. The to the blood erythrocytes, may therefore also inactivate other retroviruses, since approach presented in this invention, be an opportunity for vaccine most retroviruses share one or two i.e. vaccine that may block the binding developers. Furthermore, a vaccine of highly conserved zinc fingers that have of the malaria parasite and subsequent this invention may work effectively in the CCHC motif of the HIV Ncp7. erythrocyte invasion, may work combination with other malaria Finally, this invention could be very independently or in combination with vaccines based on different mechanisms useful for the large-scale practical other vaccines which are based on (i.e. RTS,S vaccine currently developed synthesis of HIV inhibitors, because different mechanisms. by GSK Biologicals and others). these compounds can be prepared by

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using inexpensive starting materials and Dated: December 23, 2009. A Special Emphasis Panel is a group facile reactions. Thus, it opens the Richard U. Rodriguez, of experts in fields related to health care possibility that an effective drug Director, Division of Technology Development research who are invited by the Agency treatment for HIV could be made and Transfer, Office of Technology Transfer, for Healthcare Research and Quality available to much larger populations. National Institutes of Health. (AHRQ), and agree to be available, to These thioesters may also be used as an [FR Doc. E9–31072 Filed 12–30–09; 8:45 am] conduct on an as needed basis, active component in topical BILLING CODE 4140–01–P scientific reviews of applications for applications that serve as a barrier to AHRQ support. Individual members of HIV infection. the Panel do not attend regularly- Inventors: John K. Inman (NIAID), DEPARTMENT OF HEALTH AND scheduled meetings and do not serve for Atul Goel (NCI), Ettore Appella (NCI), HUMAN SERVICES fixed terms or a long period of time. James A. Turpin (NIAID), Marco Schito Rather, they are asked to participate in National Institutes of Health (NCI) particular review meetings which Publications: require their type of expertise. National Library of Medicine; Notice of Substantial segments of the upcoming 1. ML Schito, A Goel, Y Song, JK Meeting SEP meeting listed below will be closed Inman, RJ Fattah, WG Rice, JA Turpin, Pursuant to section 10(a) of the to the public in accordance with the A Sher, E Appella. In vitro antiviral Federal Advisory Committee Act, as Federal Advisory Committee Act, activity of novel human amended (5 U.S.C. App.), notice is section 10(d) of 5 U.S.C., Appendix 2 immunodeficiency virus type 1 hereby given of the following meeting. and 5 U.S.C. 552b(c)(6). Grant nucleocapsid p7 zinc finger inhibitors The meeting will be open to the applications for the Accelerating in a transgenic murine model. AIDS Res public, with attendance limited to space Development of Methods for the Study Hum Retroviruses. 2003 Feb;19(2):91– available. Individuals who plan to of Complex Patients (R21) applications 101. attend and need special assistance, such are to be reviewed and discussed at this 2. P Srivastava, M Schito, RJ Fattah, as sign language interpretation or other meeting. These discussions are likely to T Hara, T Hartman, RW Buckheit Jr, JA reasonable accommodations, should reveal personal information concerning Turpin, JK Inman, E Appella. notify the Contact Person listed below individuals associated with the Optimization of unique, uncharged in advance of the meeting. applications. This information is thioesters as inhibitors of HIV Name of Committee: National Library of exempt from mandatory disclosure replication. Bioorg Med Chem. 2004 Dec Medicine Special Emphasis Panel. under the above-cited statutes. 15;12(24):6437–6450. Date: February 17, 2010. SEP Meeting on: AHRQ Developing 3. LM Jenkins, JC Byrd, T Hara, P Time: 12 p.m. to 2 p.m. Prospective Practice-based Comparative Srivastava, SJ Mazu, SJ Stahl, JK Inman, Agenda: To provide concept review of Effectiveness Research Clinical Registries: E Appella, JG Omichinski, P Legault. proposed grant applications. Orthopedic Devices, Drugs, and Procedures Studies on the mechanism of Place: National Library of Medicine, 6705 (P50). inactivation of the HIV–1 nucleocapsid Rockledge Drive, Bethesda, MD 20817. Date: January 20, 2010 (Open on January protein NCp7 with 2- (Telephone Conference Call) 20 from 8 a.m. to 8:15 a.m. and closed for the Contact Person: Zoe E. Huang, MD, remainder of the meeting). mercaptobenzamide thioesters. J Med Scientific Review Officer, Division of Place: Marriott RIO, Conference Room Chem. 2005 Apr 21;48(8):2847–2858. Extramural Programs, National Library of TBD, 9751 Washingtonian Blvd., 4. V Basrur, Y Song, SJ Mazur, Y Medicine, National Institutes of Health, 6705 Gaithersburg, MD 20878. Higashimoto, JA Turpin, WG Rice, JK Rockledge Drive, Suite 301, MSC 7968, Contact Person: Anyone wishing to obtain Inman, E Appella. Inactivation of HIV– Bethesda, MD 20892–7968, 301–594–4937, a roster of members, agenda or minutes of the huangz©mail.nih.gov. nonconfidential portions of this meeting 1 nucleocapsid protein P7 by should contact Mrs. Bonnie Campbell, (Catalogue of Federal Domestic Assistance pyridinioalkanoyl thioesters. Committee Management Officer, Office of Program Nos. 93.879, Medical Library Characterization of reaction products Extramural Research, Education and Priority Assistance, National Institutes of Health, and proposed mechanism of action. J Populations, AHRQ, 540 Gaither Road, Room HHS) Biol Chem. 2000 May 19;275(20):14890– 2038, Rockville, Maryland 20850, Telephone 14897. Dated: December 22, 2009. (301) 427–1554. 5. JA Turpin, Y Song, JK Inman, M Jennifer Spaeth, Agenda items for this meeting are subject to change as priorities dictate. Huang, A Wallqvist, A Maynard, DG Director, Office of Federal Advisory Covell, WG Rice, E Appella. Synthesis Committee Policy. Dated: December 15, 2009. and biological properties of novel [FR Doc. E9–30949 Filed 12–30–09; 8:45 am] Carolyn M. Clancy, pyridinioalkanoyl thiolesters (PATE) as BILLING CODE 4140–01–M Director. anti-HIV–1 agents that target the viral [FR Doc. E9–30956 Filed 12–30–09; 8:45 am] nucleocapsid protein zinc fingers. J Med BILLING CODE 4160–90–M Chem. 1999 Jan 14;42(1):67–86. DEPARTMENT OF HEALTH AND HUMAN SERVICES Patent Status: DEPARTMENT OF HEALTH AND • U.S. Patent No. 7,528,274 issued 05 Agency for Healthcare Research and HUMAN SERVICES May 2009 (HHS Reference No. E–329– Quality 2000/0–US–06) National Institutes of Health • U.S. Patent Application No. 12/ Notice of Meeting 414,321 filed 30 Mar 2009 (HHS National Institute on Drug Abuse; In accordance with section 10(d) of Notice of Closed Meetings Reference No. E–329–2000/0–US–07) the Federal Advisory Committee Act (5 Licensing Status: Available for U.S.C., Appendix 2), announcement is Pursuant to section 10(d) of the licensing. made of a Health Care Policy and Federal Advisory Committee Act, as Licensing Contact: Sally H. Hu, PhD, Research Special Emphasis Panel (SEP) amended (5 U.S.C. App.), notice is MBA; 301–435–5605; [email protected]. meeting. hereby given of the following meetings.

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The meetings will be closed to the The meeting will be closed to the property such as patentable material, public in accordance with the public in accordance with the and personal information concerning provisions set forth in sections provisions set forth in sections individuals associated with the grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applications, the disclosure of which as amended. The contract proposals and as amended. The grant applications and would constitute a clearly unwarranted the discussions could disclose the discussions could disclose invasion of personal privacy. confidential trade secrets or commercial confidential trade secrets or commercial Name of Committee: National Institute on property such as patentable material, property such as patentable material, Alcohol Abuse and Alcoholism Special and personal information concerning and personal information concerning Emphasis Panel; Member Conflict individuals associated with the contract individuals associated with the grant Applications. proposals, the disclosure of which applications, the disclosure of which Date: January 15, 2010. would constitute a clearly unwarranted would constitute a clearly unwarranted Time: 11 a.m. to 1:30 p.m. invasion of personal privacy. invasion of personal privacy. Agenda: To review and evaluate grant applications. Name of Committee: National Institute on Name of Committee: National Institute on Place: National Institutes of Health, 5635 Drug Abuse Special Emphasis Panel, Alcohol Abuse and Alcoholism Special Fishers Lane, Bethesda, MD 20892. Innovative Diagnostic Drug Screening Tests Emphasis Panel; NIAAA Member Conflict K (Telephone Conference Call) for Drugs of Abuse (2220). and R21 Applications. Contact Person: Ranga Srinivas, PhD, Date: January 14, 2010. Date: January 11, 2010. Chief, Extramural Project Review Branch, Time: 9:30 a.m. to 1 p.m. Time: 2 p.m. to 3:30 p.m. Office Of Extramural Activities, National Agenda: To review and evaluate contract Agenda: To review and evaluate grant Institutes of Health, National Institute on proposals. applications. Alcohol Abuse & Alcoholism, 5635 Fishers Place: National Institutes of Health, 6101 Place: National Institutes of Health, 5635 Lane, Room 2085, Rockville, MD 20852. Fishers Lane, Bethesda, MD 20892. Executive Boulevard, Rockville, MD 20852. (Catalogue of Federal Domestic Assistance (Telephone Conference Call) Contact Person: Lyle Furr, Contract Review Program Nos. 93.271, Alcohol Research Contact Person: Ranga Srinivas, PhD, Specialist, Office of Extramural Affairs, Career Development Awards for Scientists Chief, Extramural Project Review Branch, National Institute on Drug Abuse, NIH, and Clinicians; 93.272, Alcohol National Office of Extramural Activities, National DHHS, Room 220, MSC 8401, 6101 Executive Research Service Awards for Research Institutes of Health, National Institute on Boulevard, Bethesda, MD 20892–8401, (301) Training; 93.273, Alcohol Research Programs; Alcohol Abuse & Alcoholism, 5635 Fishers 435–1439, lf33c.nih.gov. 93.891, Alcohol Research Center Grants; Name of Committee: National Institute on Lane, Room 2085, Rockville, MD 20852. This notice is being published less than 15 93.701, ARRA Related Biomedical Research Drug Abuse Special Emphasis Panel, and Research Support Awards., National Development of Innovative Techniques/Tools days prior to the meeting due to the timing limitations imposed by the review and Institutes of Health, HHS) for the Screening, Recruitment, and Follow- funding cycle. up of Clinical Trial Participants (2219). Dated: December 18, 2009. Date: January 21, 2010. (Catalogue of Federal Domestic Assistance Jennifer Spaeth, Time: 9 a.m. to 1 p.m. Program Nos. 93.271, Alcohol Research Director, Office of Federal Advisory Agenda: To review and evaluate contract Career Development Awards for Scientists Committee Policy. and Clinicians; 93.272, Alcohol National proposals. [FR Doc. E9–30741 Filed 12–30–09; 8:45 am] Place: Courtyard by Marriott Rockville, Research Service Awards for Research BILLING CODE 4140–01–M 2500 Research Boulevard, Rockville, MD Training; 93.273, Alcohol Research Programs; 20850. 93.891, Alcohol Research Center Grants; Contact Person: Lyle Furr, Contract Review 93.701, ARRA Related Biomedical Research Specialist, Office of Extramural Affairs, and Research Support Awards, National DEPARTMENT OF HOMELAND National Institute on Drug Abuse, NIH, Institutes of Health, HHS) SECURITY DHHS, Room 220, MSC 8401, 6101 Executive Dated: December 18, 2009. Boulevard, Bethesda, MD 20892–8401, (301) Jennifer Spaeth, U.S. Citizenship and Immigration 435–1439, lf33c.nih.gov. Director, Office of Federal Advisory Services (Catalogue of Federal Domestic Assistance Committee Policy. Program Nos. 93.279, Drug Abuse and Agency Information Collection [FR Doc. E9–30743 Filed 12–30–09; 8:45 am] Addiction Research Programs, National Activities: Form I–854, Extension of a Institutes of Health, HHS) BILLING CODE 4140–01–M Currently Approved Information Dated: December 18, 2009. Collection; Comment Request Jennifer Spaeth, DEPARTMENT OF HEALTH AND ACTION: 30-Day Notice of Information Director, Office of Federal Advisory HUMAN SERVICES Collection Under Review: Form I–854, Committee Policy. National Institutes of Health Interagency Alien Witness and [FR Doc. E9–30742 Filed 12–30–09; 8:45 am] Informant Record; OMB Control No. BILLING CODE 4140–01–M National Institute on Alcohol Abuse 1615–0046. and Alcoholism; Notice of Closed The Department of Homeland Meeting DEPARTMENT OF HEALTH AND Security, U.S. Citizenship and HUMAN SERVICES Pursuant to section 10(d) of the Immigration Services (USCIS) has Federal Advisory Committee Act, as submitted the following information National Institutes of Health amended (5 U.S.C. App.), notice is collection request to the Office of National Institute on Alcohol Abuse hereby given of the following meeting. Management and Budget (OMB) for and Alcoholism; Notice of Closed The meeting will be closed to the review and clearance in accordance Meeting public in accordance with the with the Paperwork Reduction Act of provisions set forth in sections 1995. The information collection was Pursuant to section 10(d) of the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., previously published in the Federal Federal Advisory Committee Act, as as amended. The grant applications and Register on October 6, 2009, at 74 FR amended (5 U.S.C. App.), notice is the discussions could disclose 51300, allowing for a 60-day public hereby given of the following meeting. confidential trade secrets or commercial comment period. USCIS did not receive

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any comments for this information U.S. Citizenship and Immigration comments. Comments are encouraged collection. Services (USCIS). and will be accepted until February 1, The purpose of this notice is to allow (4) Affected public who will be asked 2010. This process is conducted in an additional 30 days for public or required to respond, as well as a brief accordance with 5 CFR 1320.10. comments. Comments are encouraged abstract: Primary: Individuals or Written comments and/or suggestions and will be accepted until February 1, Households. Form I–854 is used by law regarding the item(s) contained in this 2010. This process is conducted in enforcement agencies to bring alien notice, especially regarding the accordance with 5 CFR 1320.10. witnesses and informants to the United estimated public burden and associated Written comments and/or suggestions States in ‘‘S’’ nonimmigrant response time, should be directed to the regarding the item(s) contained in this classification. Department of Homeland Security notice, especially regarding the (5) An estimate of the total number of (DHS), and to the Office of Management estimated public burden and associated respondents and the amount of time and Budget (OMB) USCIS Desk Officer. response time, should be directed to the estimated for an average respondent to Comments may be submitted to: USCIS, Department of Homeland Security respond: 125 responses at 4 hours and Chief, Regulatory Products Division, (DHS), and to the Office of Management 15 minutes (4.25) per response. Clearance Office, 111 Massachusetts and Budget (OMB) USCIS Desk Officer. (6) An estimate of the total public Avenue, Washington, DC 20529–2210. Comments may be submitted to: USCIS, burden (in hours) associated with the Comments may also be submitted to Chief, Regulatory Products Division, collection: 531 annual burden hours. DHS via facsimile to 202–272–8352 or Clearance Office, 111 Massachusetts If you need a copy of the information via email at [email protected], and OMB Avenue, Washington, DC 20529–2210. collection instrument, please visit the USCIS Desk Officer via facsimile at 202– Comments may also be submitted to Web site at: http://www.regulations.gov. 395–5806 or via e-mail at DHS via facsimile to 202–272–8352 or We may also be contacted at: USCIS, [email protected]. via e-mail at [email protected], and OMB Regulatory Products Division, 111 When submitting comments by e-mail USCIS Desk Officer via facsimile at 202– Massachusetts Avenue, NW., please make sure to add OMB Control 395–5806 or via Washington, DC 20529–2210; Number 1615–0067 in the subject box. [email protected]. Telephone 202–272–8377. Written comments and suggestions from When submitting comments by e-mail Dated: December 28, 2009. the public and affected agencies should please make sure to add OMB Control Stephen Tarragon, address one or more of the following Number 1615–0046 in the subject box. four points: Written comments and suggestions from Deputy Chief, Regulatory Products Division, (1) Evaluate whether the proposed U.S. Citizenship and Immigration Services, the public and affected agencies should Department of Homeland Security. collection of information is necessary address one or more of the following for the proper performance of the [FR Doc. E9–31054 Filed 12–30–09; 8:45 am] four points: functions of the agency, including (1) Evaluate whether the proposed BILLING CODE 9111–97–P whether the information will have collection of information is necessary practical utility; for the proper performance of the DEPARTMENT OF HOMELAND (2) Evaluate the accuracy of the functions of the agency, including SECURITY agencies estimate of the burden of the whether the information will have proposed collection of information, practical utility; U.S. Citizenship and Immigration including the validity of the (2) Evaluate the accuracy of the Services methodology and assumptions used; agency’s estimate of the burden of the (3) Enhance the quality, utility, and proposed collection of information, Agency Information Collection clarity of the information to be including the validity of the Activities: Form I–589, Extension of a collected; and methodology and assumptions used; Currently Approved Information (4) Minimize the burden of the (3) Enhance the quality, utility, and Collection; Comment Request collection of information on those who clarity of the information to be are to respond, including through the collected; and ACTION: 30-Day Notice of Information use of appropriate automated, (4) Minimize the burden of the Collection Under Review: Form I–589, electronic, mechanical, or other collection of information on those who Application for Asylum and for technological collection techniques or are to respond, including through the Witholding of Removal; OMB Control other forms of information technology, use of appropriate automated, No. 1615–0067. e.g., permitting electronic submission of electronic, mechanical, or other responses. technological collection techniques or The Department of Homeland other forms of information technology, Security, U.S. Citizenship and Overview of This Information e.g., permitting electronic submission of Immigration Services (USCIS) has Collection responses. submitted the following information (1) Type of Information Collection: collection request to the Office of Extension of a currently approved Overview of This Information Management and Budget (OMB) for information collection. Collection review and clearance in accordance (2) Title of the Form/Collection: (1) Type of Information Collection: with the Paperwork Reduction Act of Application for Asylum and for Extension of a currently approved 1995. The information collection was Witholding of Removal. information collection. previously published in the Federal (3) Agency form number, if any, and (2) Title of the Form/Collection: Register on October 1, 2009, at 74 FR the applicable component of the Interagency Alien Witness and 50812, allowing for a 60-day public Department of Homeland Security Informant Record. comment period. USCIS did not receive sponsoring the collection: Form I–589. (3) Agency form number, if any, and any comments for this information U.S. Citizenship and Immigration the applicable component of the collection. Services (USCIS). Department of Homeland Security The purpose of this notice is to allow (4) Affected public who will be asked sponsoring the collection: Form I–854. an additional 30 days for public or required to respond, as well as a brief

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abstract: Primary: Individuals or have 30 days to comment on any minutes per response, and 3 minutes for Households. Form I–589 is necessary to revisions to the Form I–9 CNMI. recordkeeping. determine whether an alien applying for Written comments and/or suggestions g. Total Annual Reporting Burden: asylum and/or withholding of regarding the item(s) contained in this 340 hours. deportation in the United States is notice, especially regarding the If you need a copy of the information classified as a refugee, and is eligible to estimated public burden and associated collection instrument, please visit the remain in the United States.. response time, should be directed to the Web site at: (5) An estimate of the total number of Department of Homeland Security http://www.regulations.gov/. respondents and the amount of time (DHS), USCIS, Chief, Regulatory We may also be contacted at: USCIS, estimated for an average respondent to Products Division, Clearance Officer, Regulatory Products Division, 111 respond: 63,138 responses at 12 hours 111 Massachusetts Avenue, NW., Massachusetts Avenue, NW., per response. Washington, DC 20529–2210. Washington, DC 20529–2210, (6) An estimate of the total public Comments may also be submitted to Telephone number 202–272–8377. burden (in hours) associated with the DHS via facsimile to 202–272–8352 or Dated: December 28, 2009. collection: 757,656 annual burden via e-mail at [email protected]. When Stephen Tarragon, hours. submitting comments by e-mail, please Deputy Chief, Regulatory Products Division, If you need a copy of the information make sure to add OMB Control No. U.S. Citizenship and Immigration Services, collection instrument, please visit the 1615–0112 in the subject box. Department of Homeland Security. Web site at: http://www.regulations.gov. When submitting comments on this [FR Doc. E9–31099 Filed 12–30–09; 8:45 am] We may also be contacted at: USCIS, information collection, your comments BILLING CODE 9111–97–P Regulatory Products Division, 111 should address one or more of the Massachusetts Avenue, NW., following four points. Washington, DC 20529–2210; (1) Evaluate whether the collection of DEPARTMENT OF HOMELAND Telephone 202–272–8377. information is necessary for the proper SECURITY Dated: December 28, 2009. performance of the functions of the Stephen Tarragon, agency, including whether the U.S. Citizenship and Immigration information will have practical utility; Services Deputy Chief, Regulatory Products Division, (2) Evaluate the accuracy of the U.S. Citizenship and Immigration Services, Department of Homeland Security. agency’s estimate of the burden of the Agency Information Collection collection of information, including the Activities: Form G–1145; Extension of [FR Doc. E9–31055 Filed 12–30–09; 8:45 am] validity of the methodology and an Existing Information Collection; BILLING CODE 9111–97–P assumptions used; Comment Request (3) Enhance the quality, utility, and clarity of the information to be ACTION: 30-Day Notice of Information DEPARTMENT OF HOMELAND Collection Under Review; Form G–1145, SECURITY collected; and (4) Minimize the burden of the E–Notification of Application/Petition U.S. Citizenship and Immigration collection of information on those who Acceptance; OMB Control No. 1615– Services are to respond, including through the 0109. use of appropriate automated, The Department of Homeland Agency Information Collection electronic, mechanical, or other Security, U.S. Citizenship and Activities: Form I–9 CNMI; Extension of technological collection techniques or Immigration Services (USCIS) has an Existing Information Collection; other forms of information technology, submitted the following information Comment Request e.g., permitting electronic submission of responses. collection request to the Office of ACTION: 60-Day Notice of Information Management and Budget (OMB) for Collection under Review; Form I–9 Overview of This Information review and clearance in accordance CNMI, CNMI Employment Eligibility Collection with the Paperwork Reduction Act of Verification; OMB Control No. 1615– a. Type of information collection: 1995. The information collection was 0112. Extension of an existing information previously published in the Federal collection. Register on October 16, 2009, at 74 FR The Department Homeland Security, b. Abstract: This collection is 53284, allowing for a 60-day public U.S. Citizenship and Immigration necessary to document that each new comment period. USCIS did not receive Services (USCIS) has submitted the employee (both citizen and noncitizen) any comments. following information collection request hired in the Commonwealth of the The purpose of this notice is to allow for review and clearance in accordance Northern Mariana Islands (CNMI), is an additional 30 days for public with the Paperwork Reduction Act of authorized to work in the CNMI. comments. Comments are encouraged 1995. The information collection is c. Title of Form/Collection: CNMI and will be accepted until February 1, published to obtain comments from the Employment Eligibility Verification. 2010. This process is conducted in public and affected agencies. Comments d. Agency form number, if any, and accordance with 5 CFR 1320.10. are encouraged and will be accepted for the applicable component of the Written comments and/or suggestions sixty days until March 1, 2010. Department of Homeland Security regarding the item(s) contained in this During this 60 day period, USCIS will sponsoring the collection: Form I–9 notice, especially regarding the be evaluating whether to revise the CNMI; U.S. Citizenship and estimated public burden and associated Form I–9 CNMI. Should USCIS decide Immigration Services. response time, should be directed to the to revise Form I–9 CNMI we will advise e. Affected public who will be asked Department of Homeland Security the public when we publish the 30-day or required to respond: Primary: (DHS), and to the Office of Information notice in the Federal Register in Individuals and Households. and Regulatory Affairs, Office of accordance with the Paperwork f. An estimate of the total number of Management and Budget (OMB), USCIS Reduction Act. The public will then respondents: 1,700 respondents at 9 Desk Officer. Comments may be

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submitted to: USCIS, Chief, Regulatory e.g., permitting electronic submission of Web site at: http:// Products Division, Clearance Office, 111 responses. www.regulations.gov/. Massachusetts Avenue, NW., Overview of This Information We may also be contacted at: USCIS, Washington, DC 20529–2210. Collection Regulatory Products Division, 111 Comments may also be submitted to Massachusetts Avenue, NW., (1) Type of Information Collection: DHS via facsimile to 202–272–8352 or Washington, DC 20529–2210, Extension of an existing information via e-mail at [email protected], and to the Telephone number 202–272–8377. OMB USCIS Desk Officer via facsimile collection. at 202–395–5806 or via e-mail at (2) Title of the Form/Collection: E- Dated: December 28, 2009. [email protected]. Notification of Application/Petition Stephen Tarragon, When submitting comments by Acceptance. Deputy Chief, Regulatory Products Division, e-mail, please make sure to add OMB (3) Agency form number, if any, and U.S. Citizenship and Immigration Services, Control No. 1615–0109 in the subject the applicable component of the Department of Homeland Security. box. Written comments and suggestions Department of Homeland Security [FR Doc. E9–31056 Filed 12–30–09; 8:45 am] sponsoring the collection: Form G–1145; from the public and affected agencies BILLING CODE 9111–97–P should address one or more of the U.S. Citizenship and Immigration following four points: Services (USCIS). (1) Evaluate whether the proposed (4) Affected public who will be asked DEPARTMENT OF HOMELAND collection of information is necessary or required to respond, as well as a brief SECURITY for the proper performance of the abstract: Primary: Individuals or functions of the agency, including households. If an applicant or petitioner U.S. Customs and Border Protection whether the information will have wants to be notified via e-mail and/or practical utility; text message on their cell phone that Notice of Cancellation of Customs (2) Evaluate the accuracy of the their application or petition has been Broker Licenses agencies estimate of the burden of the accepted, they are requested to provide proposed collection of information, their e-mail address and/or cell phone AGENCY: U.S. Customs and Border including the validity of the number on Form G–1145, and attach the Protection, U.S. Department of methodology and assumptions used; form to the application or petition. Homeland Security. (3) Enhance the quality, utility, and (5) An estimate of the total number of clarity of the information to be respondents and the amount of time ACTION: General Notice. collected; and estimated for an average respondent to (4) Minimize the burden of the respond: 1,000,000 responses at 3 SUMMARY: Pursuant to section 641 of the collection of information on those who minutes (.05) per response. Tariff Act of 1930, as amended, (19 are to respond, including through the (6) An estimate of the total public U.S.C. 1641) and the Customs use of appropriate automated, burden (in hours) associated with the Regulations (19 CFR 111.51), the electronic, mechanical, or other collection: 50,000 annual burden hours. following Customs broker licenses and technological collection techniques or If you need a copy of the information all associated permits are cancelled other forms of information technology, collection instrument, please visit the without prejudice.

Name License No. Issuing port

Aston International Inc ...... 9054 New York. Bonn International Inc ...... 21037 Los Angeles. Elite Customs Brokers Inc ...... 4039 New York. Michael De Luca ...... 3398 New York. Robert W. Cisco, Customs Brokers Inc ...... 22587 New Orleans.

Dated: December 24, 2009. DEPARTMENT OF HOMELAND (TPS) for 18 months from its current Daniel Baldwin, SECURITY expiration date of May 2, 2010, through Assistant Commissioner, Office of November 2, 2011. This Notice also sets International Trade. U.S. Citizenship and Immigration forth procedures necessary for nationals Services [FR Doc. E9–31077 Filed 12–30–09; 8:45 am] of Sudan (or aliens having no nationality who last habitually resided BILLING CODE 9111–14–P [CIS No. 2483–09; DHS Docket No. USCIS 2009–26] in Sudan) with TPS to re-register and to apply for an extension of their RIN 1615–ZA91 employment authorization documents (EADs) with U.S. Citizenship and Extension of the Designation of Sudan Immigration Services (USCIS). Re- for Temporary Protected Status registration is limited to persons who AGENCY: U.S. Citizenship and previously registered for TPS under the Immigration Services, Department of designation of Sudan and whose Homeland Security (DHS). applications have been granted or ACTION: Notice. remain pending. Certain nationals of Sudan (or aliens having no nationality SUMMARY: This Notice announces that who last habitually resided in Sudan) the Secretary of Homeland Security who have not previously applied for (Secretary) has extended the designation TPS may be eligible to apply under the of Sudan for temporary protected status late initial registration provisions.

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New EADs with a November 2, 2011, of the government, to designate a foreign 244(b)(3)(B) of the Act, 8 U.S.C. expiration date will be issued to eligible State (or part thereof) for Temporary 1254(b)(3)(B). TPS beneficiaries who timely re-register Protected Status (TPS). TPS is an Why Was Sudan Initially Designated and apply for EADs. immigration status granted to eligible for TPS? DATES: The extension of the TPS nationals of a designated country (or to designation of Sudan is effective May 3, persons without nationality who last On November 4, 1997, the Attorney 2010, and will remain in effect through habitually resided in the designated General designated Sudan for TPS based November 2, 2011. The 60-day re- country) who are temporarily unable to on an ongoing armed conflict and registration period begins December 31, safely return to their home country extraordinary and temporary conditions 2009, and will remain in effect until because of ongoing armed conflict, within that country. See 62 FR 59737; March 1, 2010. To facilitate processing environmental disaster, or other see also section 244(a)(b)(1)(A), (C) of of applications, applicants are strongly extraordinary and temporary conditions. the Act, 8 U.S.C. 1254a(b)(1)(A), (C). encouraged to apply as soon as possible During the period for which the When Was the TPS Designation for Secretary has designated a country for after the start of the 60-day re- Sudan Extended? registration period beginning December TPS, TPS beneficiaries are eligible to Following the initial designation of 31, 2009. remain in the United States and may Sudan for TPS in 1997, the Attorney FOR FURTHER INFORMATION CONTACT: obtain work authorization, so long as TPS General and later, the Secretary, have Operations Program Manager, Status they continue to meet the terms and conditions of their TPS status. The extended—or re-designated and and Family Branch, Office of Service extended—TPS for Sudan a total of 11 Center Operations, U.S. Citizenship and granting of TPS does not lead to permanent resident status. When the times, including this extension. These Immigration Services, Department of extensions, or re-designations with Homeland Security, 20 Massachusetts Secretary terminates a country’s TPS designation, beneficiaries return to the extensions, occurred on the following Avenue, NW., Washington, DC 20529– same immigration status they dates. On November 3, 1998, the 2060, telephone (202) 272–1533. This is maintained before TPS (unless that Attorney General extended the not a toll-free call. Further information status has since expired or been designation for 12 months, determining will also be available at local USCIS terminated) or to any other status they that the conditions warranting such offices upon publication of this Notice may have obtained while registered for designation continued to be met. 63 FR and on the USCIS Web site at http:// TPS. 59337. www.uscis.gov. Note: The phone On November 9, 1999, the Attorney number provided here is solely for What Authority Does the Secretary of General extended and re-designated questions regarding this TPS notice. It is Homeland Security Have To Extend the Sudan for an additional 12 months not for individual case status inquiries. Designation of Sudan for TPS? based upon the ongoing armed conflict Applicants seeking information about Section 244(b)(1) of the Act, 8 U.S.C. and extraordinary and temporary the status of their individual cases can 1254a(b)(1), authorizes the Secretary, conditions within Sudan which had check My Case Status online at the after consultation with appropriate worsened. 64 FR 61128. USCIS Web site listed above, or call the agencies of the government, to designate After that date, the Attorney General USCIS National Customer Service a foreign State (or part thereof) for TPS.1 and then the Secretary of Homeland Center at 1–800–375–5283 (TTY 1–800– The Secretary may then grant TPS to Security extended the TPS designation 767–1833). eligible nationals of that foreign State of Sudan four times, determining in SUPPLEMENTARY INFORMATION: (or aliens having no nationality who last each instance that the conditions Abbreviations and Terms Used in This habitually resided in that State). Section warranting the designation continued to 244(a)(1)(A) of the Act, 8 U.S.C. Document be met. 65 FR 67407 (Nov. 9, 2000); 66 1254a(a)(1)(A). FR 46031 (Aug. 31, 2001); 67 FR 55877 Act—Immigration and Nationality Act At least 60 days before the expiration (Aug. 30, 2002); 68 FR 52410 (Sept. 3, ASC—USCIS Application Support Center of the TPS designation, the Secretary, 2003). CPA—Comprehensive Peace Agreement after consultation with appropriate On October 7, 2004, the Secretary DHS—Department of Homeland Security agencies of the government, must extended and re-designated Sudan for DOS—Department of State review the conditions in a foreign State EAD—Employment Authorization Document TPS due to the intensification of the GOS—Government of Sudan designated for TPS to determine ongoing armed conflict in the Darfur IDPs—Internally Displaced Persons whether the conditions for the TPS region and the extraordinary and JEM—Justice and Equality Movement designation continue to be met and, if temporary conditions resulting from the OSC—U.S. Department of Justice, Office of so, must determine the length of an ongoing conflict. 69 FR 60168. Special Counsel for Immigration Related extension of the TPS designation. After October 2004, the Secretary Unfair Employment Practices Section 244(b)(3)(A), (C) of the Act, 8 extended the TPS designation of Sudan SAF—Sudan Alliances Forces U.S.C. 1254(b)(3)(A), (C). If the Secretary three times, determining in each Secretary—Secretary of Homeland Security determines that the foreign State no instance that the conditions warranting SLM/A—Sudanese Liberation Movement/ longer meets the conditions for the TPS the designation continued to be met. 70 Army designation, the Secretary must TPS—Temporary Protected Status FR 52429 (Sept. 2, 2005); 72 FR 10541 UN—United Nations terminate the designation. Section (May 3, 2007); 73 FR 47606 (August 14, USCIS—U.S. Citizenship and Immigration 2008). Today’s announcement is the Services 1 As of March 1, 2003, in accordance with section eleventh extension of TPS for Sudan. 1517 of title XV of the Homeland Security Act of What Is Temporary Protected Status? 2002 (‘‘HSA’’), Public Law 107–296, 116 Stat. 2135, Why Is the Secretary Extending the TPS any reference to the Attorney General in a provision Section 244(b)(1) of the Immigration of the Immigration and Nationality Act describing Designation for Sudan Through and Nationality Act, 8 U.S.C. functions transferred under the HSA from the November 2, 2011? 1254a(b)(1) (the Act), authorizes the Department of Justice to the Department of Over the past year, DHS and the Homeland Security ‘‘shall be deemed to refer to the Secretary of Homeland Security, after Secretary’’ of Homeland Security. See 6 U.S.C. 557 Department of State (DOS) have consultation with appropriate agencies (2003) (codifying HSA, tit. XV, § 1517). continued to review conditions in

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Sudan. Based on this review, the deteriorated. Between January and June TPS withdrawn or who has a pending Secretary has determined that an 18- 2009, more than 214,000 people were application for TPS must re-register for month extension is warranted because displaced within southern Sudan due to TPS during the 60-day re-registration the armed conflict is ongoing, and the the conflict. Inter-ethnic and clan period from December 31, 2009 until extraordinary and temporary conditions clashes and violence over land and March 1, 2010. To re-register, aliens that prompted the October 7, 2004, re- cattle remain common. Over 1,000 must follow the filing procedures set designation persist. people have died in such clashes this forth in this Notice. For instructions on In 2005, the government of Sudan year. Death rates in Southern Sudan this extension, please refer to the (GOS) and the Sudan People’s now outnumber those in Darfur. following information in this notice, Liberation Movement/Army (SPLM/A) In Eastern Sudan, the political and which includes filing and eligibility signed a Comprehensive Peace security situation remained relatively requirements for TPS and EADs. Agreement (CPA). The Government of calm during the UN Security Council Information concerning the extension of National Unity was formed in reporting period between April 17, the designation of Sudan for TPS will September 2005, and a government of 2009, and June 30, 2009. This calm also be available at local USCIS offices Southern Sudan was established in period was due, in part, to the Eastern upon publication of this Notice and on October 2005. However, the overall Sudan Peace Agreement between GOS the USCIS Web site at http:// security situation in Sudan remains and rebels from the Eastern Front. www.uscis.gov. fragile and unpredictable. The CPA does However, a number of issues have not not cover the Darfur region of Western been fully addressed. These issues Notice of Extension of the TPS Sudan. include the growing poverty and Designation of Sudan Since early 2003, armed conflict has economic marginalization, security By the authority vested in me as persisted between the GOS and GOS- vulnerabilities, as well as the Eastern Secretary of Homeland Security under supported militia groups and two Front splitting into three groups. section 244 of the Immigration and principal Darfuri opposition groups— Furthermore, in February 2009, fighting Nationality Act, 8 U.S.C. 1254a, I have the Sudanese Liberation Movement/ erupted in Malakal, Upper Nile State, determined, after consultation with the Army (SLM/A) and the Justice and between the rebel group Sudan appropriate government agencies, that Equality Movement (JEM). Furthermore, Alliances Forces (SAF) that operates in the conditions that prompted re- violence against civilians has continued, Eastern Sudan and the SPLA. Casualties designation of Sudan for temporary with reports of killings, disappearances, were estimated at a minimum of 62 protected status (TPS) on October 7, arbitrary arrests and detention, forced dead (at least 31 of whom were 2004, continue to be met. See section population movements, rape, slavery, civilians) and 94 wounded (at least 21 244(b)(3)(A) of the Act, 8 U.S.C. forced labor, forced conscription of of whom were civilians). 1254a(b)(3)(A). I have also determined children, and severely restricted Based upon review of country that it is not contrary to the national freedom of assembly, association, conditions, the Secretary has interest of the United States to permit religion, speech, and movement. determined, after consultation with the aliens who meet the eligibility Although the Darfur Peace Agreement appropriate Government agencies, that requirements of TPS to remain in the was signed over three years ago, in May the conditions that prompted the United States temporarily. See section 2006, the situation in Darfur remains designation of Sudan for TPS continue 244(b)(1)(C) of the Act. On the basis of serious. Attacks on villages in Darfur to be met. See section 244(b)(3)(A) of the these determinations, I am extending noticeably increased in 2008, with Act, 8 U.S.C. 1254a(b)(3)(A). An ongoing the TPS designation of Sudan for 18 between 270,000 and 300,000 people armed conflict and extraordinary and months from May 3, 2010, through displaced during the year. Despite the temporary conditions in Sudan prevent November 2, 2011. signing of a confidence-building aliens who are nationals of Sudan (or Janet Napolitano, agreement between the GOS and JEM aliens having no nationality who last and the scheduling of peace talks, habitually resided in Sudan) from Secretary. fighting in Muhajeria and Shearia broke returning in safety. The Secretary also Temporary Protected Status Filing out in February 2009, driving over finds that it is not contrary to the Requirements 15,000 people to Zam Zam Camp in the national interest of the United States to Do I Need to Re-Register for TPS If I northern part of the war-torn area. permit aliens who meet the eligibility Currently Have Benefits Through the According to the United Nations requirements of TPS to remain in the Designation of Sudan for TPS, and (UN), between January and mid-May United States temporarily. See section Would Like to Maintain Them? 2009, violence displaced approximately 244(b)(1)(C) of the Act. On the basis of 137,000 more individuals in Darfur. Of these findings and determinations, the Yes. If you already have received TPS Darfur’s estimated population of 6.3 Secretary concludes that the designation benefits through the TPS designation of million, 4.7 million are in need of of Sudan for TPS should be extended for Sudan, your benefits will expire on May assistance. In addition, of the 6.3 an additional 18-month period. See 2, 2010. All TPS beneficiaries must million, 2.7 million are internally section 244(b)(3)(C) of the Act. There are comply with the re-registration displaced people (IDPs) unable to return approximately 700 nationals of Sudan requirements, and submit any required to their homes. In April 2009, the UN (or aliens having no nationality who last biometric services fee and Employment estimated that more than one million habitually resided in Sudan) who are Authorization Document (EAD) people in Darfur were at risk of losing eligible for TPS under this extended application fee (if an EAD is desired), or food, water, and shelter following the designation. requests for waivers of those fees, as expulsion of 13 international aid groups described in this Notice in order to by the GOS. An estimated 130–150 What Actions Should Qualifying Aliens maintain TPS benefits through people die monthly from violence in Take Pursuant to This Notice? November 2, 2011. TPS benefits include Darfur. To maintain TPS, a national of Sudan temporary protection against removal In Southern Sudan, violence has (or an alien having no nationality who from the United States and employment increased in comparison to 2008. Over last habitually resided in Sudan) who authorization during the TPS the past year, the security situation has was granted TPS and who has not had designation period. Section 244(a)(1) of

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the Act, 8 U.S.C. 1254a(a)(1). Failure to keep in mind when completing your • Aliens who have previously applied re-register without good cause will application: for TPS, but whose applications remain result in the withdrawal of your • All applicants are strongly pending, should follow the filing temporary protected status and possibly encouraged to pay close and careful instructions in this Notice if they wish your removal from the United States. attention when filling out the required to renew their temporary treatment Section 244(c)(3)(C) of the Act, 8 U.S.C. forms to help ensure that their dates of benefits. 1254a(c)(3)(C). birth, alien registration numbers, • All TPS re-registration applications If I Am Currently Registered for TPS or spelling of their names, and other submitted without the required fees will Have a Pending Application for TPS, required information is correctly be returned to applicants. How Do I Re-Register To Renew My entered on the forms. • All fee waiver requests should be Benefits for the Duration of the • All questions on the required forms filed in accordance with 8 CFR 244.20. Extension Period? should be fully and completely • If you received an EAD during the Please submit the proper forms and answered. Failure to fully complete most recent registration period, please fees according to Tables 1 and 2 below. each required form may result in a delay submit a photocopy of the front and The following are some helpful tips to in processing of your application. back of your EAD.

TABLE 1—APPLICATION FORMS AND APPLICATION FEES

If And Then

You are re-registering for TPS You are applying for an extension of your You must complete and file Form I–765, Ap- EAD valid through November 2, 2011 plication for Employment Authorization, with the fee of $340 or a fee waiver request. You must also submit Form I–821, Applica- tion for Temporary Protected Status, with no application fee. See separate biometric services fee requirement below. You are re-registering for TPS You are NOT applying for renewal of your You must complete and file Form I–765 with EAD no fee and Form I–821 with no application fee. See separate biometric services fee re- quirement below. NOTE: DO NOT check any box for the question ‘‘I am applying for’’ list- ed on Form I–765, as you are NOT re- questing an EAD benefit. You are applying for TPS as a late initial reg- You are applying for a TPS-related EAD You must complete and file Form I–821 with istrant (see below) and you are between the the $50 application fee or fee waiver re- ages of 14 and 65 (inclusive) quest. You must also submit Form I–765 with the fee of $340 or a fee waiver re- quest. You are applying for TPS as a late initial reg- You are applying for a TPS-related EAD You must complete and file Form I–821 with istrant and are under age 14 or over age 65 the $50 application fee or fee waiver re- quest. You must also submit Form I–765 with no fee. You are applying for TPS as a late initial reg- You are NOT applying for an EAD You must complete and file Form I–821 with istrant, regardless of age the $50 application fee or fee waiver re- quest. You must also submit Form I–765 with no fee. NOTE: DO NOT check any box for the question ‘‘I am applying for’’ listed on Form I–765, as you are NOT requesting an EAD benefit. Your previous TPS application is still pending You are applying to renew your temporary You must complete and file Form I–765 with treatment benefits (i.e., an EAD with cat- the fee of $340 or a fee waiver request. egory ‘‘C–19’’ on its face) You must also submit Form I–821 with no application fee.

Certain applicants must also submit a Biometric Service Fee (See Table 2).

TABLE 2—BIOMETRIC SERVICE FEE

If And Then

You are 14 years of age or older 1. You are re-registering for TPS, or You must submit a Biometric Service fee of $80 or a fee waiver request. 2. You are applying for TPS under the late ini- tial registration provisions, or 3. Your TPS application is still pending and you are applying to renew temporary treat- ment benefits (i.e., EAD with category ‘‘C– 19’’ on its face)

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TABLE 2—BIOMETRIC SERVICE FEE—Continued

If And Then

You are younger than 14 years of age 1. You are applying for an EAD, or You do NOT need to submit a Biometric Serv- ice fee. 2. You are NOT applying for an EAD

What Editions of Form I–821 and Form 27/08), or later, will be accepted. The Where Should I Submit My Application I–765 Should I Submit? revision date can be found in the bottom for TPS? right corner of the form. The proper Only versions of Form I–821 dated forms can be found on the Internet at Mail your application for TPS to the October 17, 2007 (Rev. 10/17/07), or http://www.uscis.gov or by calling the proper address in Table 3: later, will be accepted. Only versions of USCIS forms hotline at 1–800–870– Form I–765 dated May 27, 2008 (Rev. 5/ 3676.

TABLE 3—MAILING ADDRESSES

U.S. Postal Service deliveries Non-U.S. Postal Service deliveries

U.S. Citizenship and Immigration Services, Attn: TPS Sudan, P.O. Box U.S. Citizenship and Immigration Services, Attn: TPS Sudan, 131 S. 8677, Chicago, IL 60680–8677. Dearborn—3rd Floor, Chicago, IL 60603–5517.

If an Immigration Judge or the Board If you were granted TPS by an USCIS Web site, or call the USCIS of Immigration Appeals (BIA) granted Immigration Judge or the BIA and have National Customer Service Center. you TPS, you must submit evidence of already registered with USCIS during a Can I File My Application the grant of TPS (such as an order from previous period, you do not need to Electronically? the Immigration Judge) with your first submit evidence of the judge’s or BIA’s re-registration application to USCIS TPS grant again. However, please keep If you are filing for re-registration and following the TPS grant. In addition, your copy available in case USCIS do not need to submit supporting when you receive your receipt notice should request to see your evidence documentation (see Table 4) with your (Form I–797) for your first re- again. application, you may file your registration application, you will need application electronically. To file your to send an e-mail to Please note that the e-mail address application electronically, follow [email protected] that includes [email protected] is solely for re- directions on the USCIS Web site at: the following information: registration applicants who were http://www.uscis.gov. • granted TPS by Immigration Judges or Your name; How will I Know if I Need To Submit • by the Board of Immigration Appeals to Your date of birth; notify USCIS of their grant of TPS. It is Supporting Documentation with My • The receipt number for your re- not for individual case status inquiries. Application Package? registration; Applicants seeking information about See Table 4 below to determine if you • Your A-number; and the status of their individual cases can need to submit supporting • The date you were granted TPS. check My Case Status available at the documentation.

TABLE 4—WHO SHOULD SUBMIT SUPPORTING DOCUMENTATION?

If Then

One or more of the ques- You must submit an explanation, on a separate sheet(s) of paper, and/or additional documentation. Depending on tions listed in Part 4, the nature of the question(s) you are addressing, additional documentation alone may suffice, but usually a writ- Question 2 of Form I–821 ten explanation will also be needed. applies to you You were granted TPS by You must include evidence of the grant of TPS (such as a final order from the Immigration Judge or decision of an Immigration Judge or the BIA) with your first re-registration application package. the Board of Immigration Appeals (BIA)

How do I Know If I am Eligible for Late (3) Have been continuously physically period for the most recent re- Initial Registration? present in the United States since designation of TPS for Sudan (from October 7, 2004; and October 7, 2004 to April 5, 2005), you: In order to be eligible for late initial (4) Be both admissible as an (1) Were a nonimmigrant or had been registration, you must: immigrant, except as provided under granted voluntary departure status or (1) Be a national of Sudan (or an alien section 244(c)(2)(A) of the Act, and not any relief from removal; who has no nationality and who last ineligible for TPS under section habitually resided in Sudan); 244(c)(2)(B) of the Act. See 8 CFR 244.2. (2) Had an application for change of (2) Have continuously resided in the Additionally, you must be able to status, adjustment of status, asylum, United States since October 7, 2004; demonstrate that during the registration voluntary departure, or any relief from

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removal or change of status pending or immigration status that you held prior 244(c)(2)(B)(ii) of the Act, 8 U.S.C. subject to further review or appeal; to obtaining TPS (unless that status has 1254a(b)(2)(A)(ii) and 8 U.S.C. (3) Were a parolee or had a pending since expired or been terminated), or 1254a(c)(2)(B)(ii). request for re-parole; or any other status you may have acquired Can Nationals of Sudan (or Aliens (4) Are the spouse or child of an alien while registered for TPS. Accordingly, if Having No Nationality Who Last currently eligible to be a TPS registrant. you held no lawful immigration status An applicant for late initial prior to being granted TPS and did not Habitually Resided in Sudan) Who registration must file an application for obtain any other status during the TPS Entered the United States after October late registration no later than 60 days period, you will revert to unlawful 7, 2004, File for TPS? after the expiration or termination of the status upon the termination of the TPS No. To be eligible for benefits under conditions described above. See 8 CFR designation. Once the Secretary this extension, nationals of Sudan (or 244.2(g). All late initial registration determines that a TPS designation aliens having no nationality who last applications for TPS, pursuant to the should be terminated, aliens who had habitually resided in Sudan) must have designation of Sudan, should be TPS under that designation, and who do continuously resided and have been submitted to the Chicago, Illinois not hold any other lawful immigration continuously physically present in the address listed in table 3 above. status, must plan for their departure United States since October 7, 2004, the Are Certain Aliens Ineligible for TPS? from the United States. date of the most recent designation of Sudan for TPS. See section 244(c)(1) of May I Apply for Another Immigration Yes. There are certain criminal and the Act, 8 U.S.C. 1254a(c)(1); 69 FR Benefit While Registered for TPS? terrorism-related inadmissibility 60168. grounds that render an alien ineligible Yes. Registration for TPS does not for TPS. See section 244(c)(2)(A)(iii) of prevent you from applying for How Will I Know if I Have To Report to the Act, 8 U.S.C. 1254a(c)(2)(A)(iii). nonimmigrant status, filing for an Application Support Center (ASC) to Further, aliens who have been convicted adjustment of status based on an Submit Biometrics? of any felony or two or more immigrant petition, or applying for any USCIS will mail you a notice with misdemeanors committed in the United other immigration benefit or protection. instructions as to whether or not you are States are ineligible for TPS under Section 244(a)(5) of the Act, 8 U.S.C. required to appear at an ASC for section 244(c)(2)(B)(i) of the Act, 8 1254a(a)(5). For the purposes of change biometrics collection. To increase U.S.C. 1254a(c)(2)(B)(i), as are aliens of status and adjustment of status, an efficiency and improve customer described in section 208(b)(2)(A) of the alien is considered to be in, and service, USCIS will, whenever possible, Act, 8 U.S.C. 1158(b)(2)(A) (describing maintaining, lawful status as a reuse previously-captured biometrics the bars to asylum). See section nonimmigrant during the period in and will conduct necessary security 244(c)(2)(B)(ii) of the Act, 8 U.S.C. which he or she is granted TPS. See checks using those biometrics, such that 1254a(c)(2)(B)(ii). section 244(f)(4) of the Act, 8 U.S.C. you may not be required to appear at an If I Currently Have TPS, Can I Lose My 1254a(f)(4). ASC. Due to systems limitations, it may TPS Benefits? However, if an alien has periods of not be possible in every case to reuse time when he or she had no lawful Yes, you can lose your TPS benefits. biometrics. immigration status before, or after, the However, even if you do not need to TPS and related benefits will be alien’s time in TPS, those period(s) of attend an ASC appointment, you are withdrawn if you: unlawful presence may negatively affect required to pay the separate biometrics (1) Are not eligible for TPS, that alien’s ability to adjust to (2) Fail to timely re-register for TPS fee or submit an appropriately permanent resident status or be granted without good cause, or supported fee waiver request if you are (3) Fail to maintain continuous other immigration benefits, depending age 14 or older. See 8 CFR 244.6. This physical presence in the United States. on the circumstances. See, e.g., section fee will help cover the USCIS costs See sections 244(c)(3)(A)–(C) of the 212(a)(9)(B) of the Act, 8 U.S.C. associated with use and maintenance of Act, 8 U.S.C. 1254a(c)(3)(A)–(C). 1182(a)(9)(B) (unlawful presence ground collected biometrics (such as of inadmissibility that is triggered by a fingerprints) for FBI and other Does TPS Lead to Lawful Permanent departure from the United States). In background checks, identity Residence? some cases, the unlawful presence verification, and document production. No. TPS is a temporary benefit. ground of inadmissibility, or certain Having been granted TPS does not, of other grounds of inadmissibility, may be What Documents Should I Bring to My itself, provide an alien with a basis for waived when an alien applies for ASC Appointment? seeking permanent resident status. A adjustment or change of status. When you report to an ASC, you must TPS beneficiary who would like to How Does an Application for TPS Affect bring the following documents: (1) Your receipt notice for your re- become a permanent resident must My Application for Asylum or Other registration application; qualify for this status based on a family Immigration Benefits? relationship, employment-based (2) Your ASC appointment notice; and classification, or other generally An application for TPS does not affect (3) Your current EAD. available basis for immigration, and an application for asylum or any other If no further action is required for must be otherwise admissible as an immigration benefit. Denial of an your case, you will receive a new EAD immigrant and meet all other eligibility application for asylum or any other valid through November 2, 2011, by requirements in accordance with the immigration benefit does not affect an mail. If your case requires further immigration laws. alien’s TPS eligibility, although the resolution, USCIS will contact you in grounds for denying one form of relief writing to explain what additional If I Am Currently Covered Under TPS, may also be grounds for denying TPS. information, if any, is necessary to What Status Will I Have if My Country’s For example, a person who has been resolve your case. If your application is TPS Designation Is Terminated? convicted of a particularly serious crime subsequently approved, you will receive When a country’s TPS designation is is not eligible for asylum or TPS. See a new EAD in the mail with an terminated, you will maintain the same sections 244(b)(2)(A)(ii) and expiration date of November 2, 2011.

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Failure to appear at an ASC for a present his or her new valid EAD to an SUPPLEMENTARY INFORMATION: In required ASC appointment will result in employer as proof of employment accordance with the December 12, 1988 denial of your case due to abandonment authorization and identity. Employers court order in National Coalition for the unless you submit an address change may not accept previously issued EADs Homeless v. Veterans Administration, notification (see instructions below) or a that are no longer valid. No. 88–2503–OG (D.D.C.), HUD rescheduling request prior to your Individuals also may present any publishes a Notice, on a weekly basis, appointment. other legally acceptable document or identifying unutilized, underutilized, combination of documents listed on the excess and surplus Federal buildings What if My Address Changes after I File Form I–9 as proof of identity and and real property that HUD has My Re-Registration Application? employment eligibility. reviewed for suitability for use to assist If your address changes after you file the homeless. Today’s Notice is for the Note to Employers your application for re-registration, you purpose of announcing that no must complete and submit Form AR–11 Employers are reminded that the laws additional properties have been by mail or electronically. The mailing requiring employment eligibility determined suitable or unsuitable this address is: U.S. Citizenship and verification and prohibiting unfair week. Immigration Services, Change of immigration-related employment Dated: December 22, 2009. practices remain in full force. This Address, P.O. Box 7134, London, KY Mark R. Johnston, 40742–7134. Notice does not supersede or in any way Form AR–11 can also be filed limit applicable employment Deputy Assistant Secretary for Special Needs. electronically by following the verification rules and policy guidance, [FR Doc. E9–30714 Filed 12–30–09; 8:45 am] directions on the USCIS Web site at: including those rules setting forth re- BILLING CODE 4210–67–P http://www.uscis.gov. To facilitate verification requirements. For questions, processing your address change on your employers may call the USCIS Customer TPS application, you may call the Assistance Office at 1–800–357–2099. DEPARTMENT OF THE INTERIOR USCIS National Customer Service Employers may also call the U.S. Bureau of Reclamation Center at 1–800–375–5283 (TTY 1–800– Department of Justice Office of Special 767–1833) to request that your address Counsel for Immigration Related Unfair Glen Canyon Dam Adaptive be updated on your application. Please Employment Practices (OSC) Employer Management Program note that calling the USCIS National Hotline at 1–800–255–8155. Employees Customer Service Center does not or applicants may call the OSC AGENCY: Bureau of Reclamation, relieve you of your burden to properly Employee Hotline at 1–800–255–7688 Interior. file a Form AR–11 with USCIS. for information regarding the automatic ACTION: Notice of Development of extension. Additional information is Experimental Protocol for High-Flow Will My Current EAD that is Set To available on the OSC Web site at http:// Releases from Glen Canyon Dam under Expire on May 2, 2010, Automatically www.usdoj.gov/crt/osc/index.html. the Authority of the Secretary of the Be Extended for Six Months? Interior (Secretary), Development of [FR Doc. E9–30831 Filed 12–30–09; 8:45 am] No. This Notice does not Environmental Assessment, and Notice automatically extend previously-issued BILLING CODE 9111–97–P of Public Meeting. EADs. DHS has announced the extension of the TPS designation of SUMMARY: On December 10, 2009, Sudan and established the re- DEPARTMENT OF HOUSING AND Secretary of the Interior Ken Salazar registration period at an early date to URBAN DEVELOPMENT announced that the Department of the allow sufficient time for DHS to process [Docket No. FR–5280–N–51] Interior (Department) would initiate EAD requests prior to the May 2, 2010, development of a High-Flow expiration date. You must apply during Federal Property Suitable as Facilities Experimental Protocol (Protocol) for the 60-day re-registration period. Failure To Assist the Homeless releases from Glen Canyon Dam as part to apply during the re-registration of the ongoing implementation of the AGENCY: Office of the Assistant period without good cause will result in Glen Canyon Dam Adaptive Secretary for Community Planning and a withdrawal of your TPS benefits. DHS Management Program (AMP). High-flow Development, HUD. strongly encourages you to file as early experimental releases have been ACTION: as possible within the re-registration Notice. undertaken in the past and will be further analyzed and implemented period. SUMMARY: This Notice identifies pursuant to the direction of the unutilized, underutilized, excess, and May I Request an Interim EAD at My Secretary to assess the ability of such surplus Federal property reviewed by Local District Office? releases to protect, mitigate adverse HUD for suitability for possible use to impacts to, and improve the values for No. USCIS will not issue interim assist the homeless. EADs to TPS applicants and re- which Grand Canyon National Park and DATES: Effective Date: December 31, registrants at district offices. Glen Canyon National Recreation Area 2009. were established. As part of the AMP, What Documents May a Qualified FOR FURTHER INFORMATION CONTACT: the Department’s effort to develop the Individual Show to His or Her Employer Kathy Ezzell, Department of Housing Protocol is a component of its efforts to as Proof of Employment Authorization and Urban Development, 451 Seventh comply with the requirements and and Identity When Completing Form Street, SW., Room 7262, Washington, obligations established by the Grand I–9? DC 20410; telephone (202) 708–1234; Canyon Protection Act of 1992 (Pub. L. After May 2, 2010, a TPS beneficiary TTY number for the hearing- and 102–575) (GCPA). under TPS for Sudan who has timely re- speech-impaired (202) 708–2565, (these The AMP was established by, and has registered with USCIS as directed under telephone numbers are not toll-free), or been implemented pursuant to the this Notice and obtained a new EAD call the toll-free Title V information line Secretary of the Interior’s 1996 Record valid through November 2, 2011, may at 800–927–7588. of Decision on the Operation of Glen

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Canyon Dam, in order to comply with shorelines. Sandbars provide key for matters related to the Glen Canyon monitoring and consultation wildlife habitat, protect archeological Dam AMP. The Department will requirements of the GCPA. The AMP sites and vegetation structure, and continue to consult with local affected includes a Federal advisory committee provide camping opportunities in Grand tribes, including through the tribal known as the Adaptive Management Canyon. consultation policy, to ensure the AMP Work Group (AMWG), a technical work Each experimental release has added and the Protocol take into account the group, a scientific monitoring and to the understanding of the river United States’ trust responsibility to the research center, and independent ecosystem below the dam and the tribes and their natural resources. There impacts of high-flow releases. Following review panels. The AMWG makes will be a consistent and ongoing effort the initial test in 1996, experimental recommendations to the Secretary of the to consult with the tribes in Interior concerning Glen Canyon Dam approaches linking high-flow releases from Glen Canyon Dam to downstream development of the Protocol, and in operations and other management implementation of any subsequent actions to protect resources downstream tributary sand inputs to Grand Canyon related decisions. of Glen Canyon Dam consistent with the were developed by scientists working in GCPA. collaboration with the AMP. See e.g., 66 Consistent with the provisions of 43 This Federal Register notice provides FR 7772, 7778 (January 25, 2001) CFR 46.305 (public involvement in the the public with initial information (Riverflow Issues). One of the best tools environmental assessment process), the regarding the anticipated development available for rebuilding sandbars using Department ‘‘must, to the extent and purpose of the High-Flow dam operations is to release short- practicable, provide for public Experimental Protocol, notice of the duration high flows after tributary notification and public involvement Department’s commitment to analyze floods deposit new sand into the main when an environmental assessment is the Protocol pursuant to the National channel of the Colorado River. being prepared.’’ This Federal Register Environmental Policy Act (NEPA), as Development and implementation of the notice is the first of many steps that the Protocol builds on information well as information regarding an Department intends to take to ensure developed in the previous three high- upcoming AMWG public meeting that public input in the development of the will address, in part, the development of flow experiments, and will be designed to further evaluate the hypothesis that Protocol and the NEPA process. The the Protocol. Additional information Department will next provide additional regarding the dates and times for the repeated high-flow releases conducted under conditions of sand enrichment in information on the Protocol and the EA upcoming AMWG public meeting and process at a public AMWG meeting in the development of the Protocol will be Grand Canyon may result in cumulative Phoenix, Arizona, on February 3–4, provided in a future Federal Register increases in sandbar area and volume. 2010. Additional information regarding notice, as well as through other methods The Protocol constitutes the next logical of public involvement as the NEPA step in adaptive management with this upcoming AMWG meeting process is undertaken and the Protocol respect to high flow testing. (including times, location, and agenda items) will be provided to the public in is developed and analyzed. Anticipated Approach Regarding an upcoming Federal Register notice. FOR FURTHER INFORMATION CONTACT: Mr. Development of High-Flow Tom Ryan, Bureau of Reclamation, Experimental Protocol The AMWG meeting is intended to telephone (801) 524–3732; facsimile provide scoping information for the EA The Department intends to develop process. Although scoping is not (801) 524–5499; e-mail at the High-Flow Experimental Protocol [email protected]. required for the preparation of an EA through a public process pursuant to (CEQ regulations at 40 CFR 1501.7 SUPPLEMENTARY INFORMATION: On NEPA, through the development of an specifically reference the preparation of December 10, 2009, Secretary of the Environmental Assessment (EA). The an environmental impact statement), the Interior Ken Salazar directed the Protocol is anticipated to be a multi- development of a protocol for year, multi-experiment approach and Department recognizes and encourages conducting additional high-flow will be based on the best available the use of scoping where appropriate as experiments from Glen Canyon Dam as scientific information developed it does represent a form of public part of the ongoing implementation of through the AMP as well as other involvement. See 43 CFR 46.305(a)(2), the Glen Canyon Dam AMP. The text of sources of relevant information. For 73 FR 61292, 61306 (Oct. 15, 2008). the Secretary’s statement and further example, in early 2010, it is anticipated Further information regarding the information on his direction can be that the U.S. Geological Survey will development of the High-Flow found at http://www.doi.gov. publish detailed information that Experimental Protocol, the EA process, provides a full and thorough analysis of and other relevant information will also High-Flow Experimental Protocol and the results of the most recent high-flow Sediment Resources be made available to the public through experimental release conducted in the AMP’s Web site which may be Sandbars are a primary component of March 2008. It is anticipated that the accessed at http://www.usbr.gov/uc/rm/ the Colorado River ecosystem, and Protocol will address such factors as the amp/. determining how sand conservation can appropriate number of experiments, the be achieved in areas within Grand appropriate sand input ‘‘triggering’’ for Dated: December 22, 2009. Canyon National Park downstream of conducting future experiments, the Anne Castle, Glen Canyon Dam is a high priority of timing and duration of high-flow Assistant Secretary—Water & Science. the AMP and the Department of the releases to optimize sand conservation, [FR Doc. E9–31050 Filed 12–30–09; 8:45 am] Interior. Previous high-flow experiments the appropriate interval between high- BILLING CODE 4310–MN–P from Glen Canyon Dam were conducted flow releases, as well as the anticipated in 1996, 2004, and 2008. Experimental approach to monitoring the results and high flows mobilize sand stored in the effectiveness of the experimental main channel of the Colorado River to actions, among other resource issues. rebuild sandbars, beaches, and The Department is currently associated backwater habitats along developing a tribal consultation policy

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DEPARTMENT OF LABOR Agency: Employee Benefits Security DEPARTMENT OF LABOR Administration. Office of the Secretary Title of Collection: Notice Employee Benefits Security Requirements of the Health Care Administration Submission for OMB Emergency Continuation Coverage—American Review: Comment Request Recovery and Reinvestment Act of 2009 Proposed Extension of Information Collection; Comment Request; December 24, 2009. Revision. OMB Control Number: 1210–0123. Prohibited Transaction Class The Department of Labor has Exemption 88–59, Residential Frequency of Collection: On occasion. submitted the following information Mortgage Financing Arrangements collection request (ICR), utilizing Affected Public: Individuals or emergency review procedures, to the households; Business or other for-profit; AGENCY: Employee Benefits Security Office of Management and Budget Not-for-profit institutions. Administration, Department of Labor. (OMB) for review and clearance in Total Estimated Number of ACTION: Notice. accordance with the Paperwork Respondents: 2.7 million. SUMMARY: The Department of Labor (the Reduction Act of 1995 (Pub. L. 104–13, Total Estimated Number of Department), in accordance with the 44 U.S.C. Chapter 35) and 5 CFR Responses: 8.5 million Paperwork Reduction Act of 1995 (PRA) 1320.13. OMB approval has been Total Estimated Annual Burden (44 U.S.C. 3506(c)(2)(A)), provides the requested by December 31, 2009. A copy Hours: 0. general public and Federal agencies of this ICR, with applicable supporting Total Net Estimated Annual Costs with an opportunity to comment on documentation; including among other Burden (other than hourly costs): $6.8 proposed and continuing collections of things a description of the likely million. information. This helps the Department respondents, proposed frequency of Description: On December 19, 2009, assess the impact of its information response, and estimated total burden President Obama signed the Department collection requirements and minimize may be obtained from the RegInfo.gov of Defense Appropriations Act of 2010 the reporting burden on the public and Web site at http://www.reginfo.gov/ (Pub. L. 111–118), which extends the helps the public understand the public/do/PRAMain or by contacting availability of the health care Department’s information collection Darrin King on 202–693–4129 (this is continuation coverage premium requirements and provide the requested not a toll-free number)/e-mail: reduction provided for COBRA and data in the desired format. Currently, [email protected]. Interested other health care continuation coverage the Employee Benefits Security parties are encouraged to send as required by the American Recovery Administration is soliciting comments comments to the Office of Information and Reinvestment Act (ARRA) of 2009 on the proposed extension of the and Regulatory Affairs, Attn: OMB Desk (Pub. L. 111–5). Assistance eligible information collection provisions of Officer for the Department of Labor— individuals now can be eligible for the Prohibited Transaction Class Exemption EBSA, Office of Management and subsidy if they incur an involuntary (PTE) 88–59. A copy of the information Budget, Room 10235, Washington, DC termination of employment triggering a collection request (ICR) may be obtained 20503, Telephone: 202–395–7316/Fax: COBRA election opportunity by by contacting the office listed in the 202–395–6974 (these are not toll-free February 28, 2010. Before the extension, ADDRESSES section of this notice or at numbers), E-mail: Assistance Eligible Individuals had to http://www.RegInfo.gov. [email protected]. experience an involuntary termination DATES: Comments and questions about the ICR of employment by December 31, 2009. Written comments must be listed below should be received 5 days The length of the premium assistance submitted on or before March 1, 2010. prior to the requested OMB approval period also is extended from 9 months ADDRESSES: Direct all written comments date. to 15 months. to G. Christopher Cosby, Office of Policy The OMB is particularly interested in ARRA, as amended, retained the and Research, Employee Benefits comments which: requirement that the Secretary of Labor Security Administration, U.S. • Evaluate whether the proposed (the Secretary), in consultation with the Department of Labor, 200 Constitution collection of information is necessary Secretaries of the Treasury and Health Avenue, NW., Room N–5647, for the proper performance of the and Human Services, develop model Washington, DC 20210. Telephone: functions of the agency, including notices. These models are for use by (202) 693–8410; Fax: (202) 219–4745. whether the information will have group health plans and other entities These are not toll-free numbers. practical utility; that, pursuant to ARRA, as amended, Comments may also be submitted • Evaluate the accuracy of the must provide notices of the availability electronically to the following Internet agency’s estimate of the burden of the of premium reductions and additional e-mail address: [email protected]. proposed collection of information, election periods for health care SUPPLEMENTARY INFORMATION: including the validity of the continuation coverage. The ICR relates I. Background methodology and assumptions used; to the issuance of the model notices. • Enhance the quality, utility, and Why are we requesting Emergency PTE 88–59 provides an exemption clarify of the information to be Processing? If the Department were from certain prohibited transaction collected; and required to comply with standard PRA provisions of the Employment • Minimize the burden of the clearance procedures, it would not be Retirement Income Security Act of 1974 collection of information on those who able to publish the model notices on a (ERISA) and from certain taxes imposed are to respond, including through the timely basis. by the Internal Revenue Code of 1986 use of appropriate automated, (Code) for transactions in which an electronic, mechanical, or other Dated: December 24, 2009. employee benefit plan provides technological collection techniques or Joseph S. Piacentini, mortgage financing to purchasers of other forms of information technology, Acting PRA Clearance Officer. residential dwelling units, provided e.g., permitting electronic submissions [FR Doc. E9–30995 Filed 12–30–09; 8:45 am] specified conditions are met. Among of responses. BILLING CODE 4510–29–P other conditions, PTE 88–59 requires

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that adequate records pertaining to technological collection techniques or I. Background exempted transactions be maintained other forms of information technology, In 1999, the Department conducted a for the duration of the pertinent loan. e.g., by permitting electronic pilot project under which This recordkeeping requirement submissions of responses. approximately 200 group health plans Comments submitted in response to constitutes an information collection were investigated for compliance with this notice will be summarized and/or within the meaning of the PRA, for Part 7 of the Employee Retirement included in the ICR for OMB approval which the Department has obtained Income Security Act of 1974 (ERISA). In of the extension of the information approval from the Office of Management 2001, the Department initiated the collection; they will also become a and Budget (OMB) under OMB Control Health Disclosure and Claims Issues: matter of public record. No. 1210–0095. The OMB approval is Fiscal Year 2001 Compliance Project, currently scheduled to expire on April Dated: December 24, 2009. which sought to increase compliance 30, 2010. Joseph A. Piacentini, through investigations and improve the II. Current Actions Director, Office of Policy and Research, Department’s ability to provide effective Employee Benefits Security Administration. compliance assistance by assessing This notice requests public comment [FR Doc. E9–30997 Filed 12–30–09; 8:45 am] more comprehensively the extent and pertaining to the Department’s request BILLING CODE 4510–29–P nature of compliance with Part 7 of for extension of OMB approval of the ERISA among group health plans. As a information collection contained in PTE result of that project, the Department 88–59. After considering comments DEPARTMENT OF LABOR broadened its compliance assistance received in response to this notice, the efforts through a combination of Department intends to submit an ICR to Employee Benefits Security publications, outreach, self-audit OMB for continuing approval of the Administration materials, and other compliance tools. information collection contained in PTE As a follow-up to the Fiscal Year 2001 88–59. No change to the existing ICR is Proposed Extension of Information Compliance Project, the Department proposed or made at this time. An Collection; Comment Request; HDCI 2 proposed to conduct a second project, agency may not conduct or sponsor, and Survey of Group Health Plans the HDCI 2 Survey, which was intended a person is not required to respond to, ACTION: to measure changes in compliance with an information collection unless it Notice. Part 7 of ERISA and to improve the displays a valid OMB control number. A SUMMARY: The Department of Labor (the effectiveness of future compliance summary of the ICR and the current Department), in accordance with the assistance efforts. As part of the HDCI 2 burden estimates follows: Paperwork Reduction Act of 1995 (PRA) Survey, the Department proposed to Agency: Employee Benefits Security (44 U.S.C. 3506(c)(2)(A)), provides the Administration, Department of Labor. conduct a narrow scope telephone general public and Federal agencies survey for the sole purpose of Title: Prohibited Transaction Class with an opportunity to comment on Exemption 88–59; Residential Mortgage identifying an appropriate sample of proposed and continuing collections of ERISA-covered single-employer group Financing Arrangements. information. This program helps the Type of Review: Extension of a health plans in two categories: (1) Plans Department assess the impact of its sponsored by firms with 3–99 currently approved collection of information collection requirements and information. employees, and (2) plans sponsored by minimize the reporting burden on the firms with 100 or more employees. OMB OMB Number: 1210–0095. public and helps the public understand approved the HDCI 2 Survey on April Affected Public: Business or other for- the Department’s information collection 27, 2007, under OMB Control Number profit; Not-for-profit institutions. requirements and provide the requested 1210–0129, which currently is Respondents: 1,785. data in the desired format. Currently, scheduled to expire on April 30, 2010. Responses: 1,785. the Employee Benefits Security Estimated Total Burden Hours: 744. Administration is soliciting comments II. Current Actions III. Focus of Comments on a proposed extension of an This notice requests comments on an information collection entitled the The Department of Labor extension of OMB’s approval of the Health Disclosure and Claims Issues (Department) is particularly interested information collections included in the Project Survey (HDCI 2 Survey). A copy in comments that: HDCI 2 Survey. The Department is not of the information collection request • Evaluate whether the proposed proposing or implementing changes to (ICR) can be obtained by contacting the collection of information is necessary the existing ICR at this time. A summary office listed below in the ADDRESSES for the proper performance of the of the ICR and the current burden section of this notice. functions of the agency, including estimates follows: whether the information will have DATES: Written comments must be Type of Review: Extension of a practical utility; submitted on or before March 1, 2010. currently approved collection of • Evaluate the accuracy of the ADDRESSES: Direct all written comments information. agency’s estimate of the burden of the to G. Christopher Cosby, Office of Policy Agency: Employee Benefits Security proposed collection of information, and Research, Employee Benefits Administration. including the validity of the Security Administration, U.S. Title: HDCI 2 Survey of Group Health methodology and assumptions used; Department of Labor, 200 Constitution Plans. • Enhance the quality, utility, and Avenue, NW., Room N–5716, OMB Number: 1210–0129. clarity of the information to be Washington, DC 20210. Telephone: Affected Public: Business or other for- collected; and (202) 693–8410; Fax: (202) 219–4745. profit; not-for-profit organizations. • Minimize the burden of the These are not toll-free numbers. Total Respondents: 5,000. collection of information on those who Comments may also be submitted Total Responses: 5,000. are to respond, including through the electronically to the following Internet Frequency: Once. use of appropriate automated, e-mail address: [email protected]. Average Time per Response: 5 electronic, mechanical, or other SUPPLEMENTARY INFORMATION: minutes.

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Estimated Total Annual Hour Burden: the public understand the Department’s did not implement any substantive or 417 hours. information collection requirements and material change to the information Estimated Total Annual Cost Burden: provide the requested data in the collection; therefore, no change was $0. desired format. Currently, the Employee made to the ICR, and no further OMB Benefits Security Administration review was required. The public is not III. Desired Focus of Comments (EBSA) is soliciting comments on a required to respond to an information The Department is particularly proposed extension of the current collection unless it displays a valid interested in comments that: approval of information collection control number. No change to the • Evaluate whether the proposed provisions incorporated in the existing ICR is being proposed or made collection of information is necessary regulation pertaining to the statutory at this time. for the proper performance of the exemption for cross-trading of II. Desired Focus of Comments functions of the agency, including securities. A copy of the information whether the information will have collection request (ICR) may be obtained The Department of Labor practical utility; by contacting the office listed in the (Department) is particularly interested • Evaluate the accuracy of the in comments that: ADDRESSES section of this notice or at • agency’s estimate of the burden of the http://www.RegInfo.gov. Evaluate whether the proposed collection of information is necessary proposed collection of information, DATES: Written comments must be for the proper performance of the including the validity of the submitted on or before March 1, 2010. methodology and assumptions used; functions of the agency, including ADDRESSES: Direct all written comments • Enhance the quality, utility, and whether the information will have to G. Christopher Cosby, Office of Policy clarity of the information to be practical utility; and Research, Employee Benefits • collected; and Evaluate the accuracy of the • Minimize the burden of the Security Administration, U.S. agency’s estimate of the burden of the collection of information on those who Department of Labor, 200 Constitution proposed collection of information, respond, including through the use of Avenue, NW., Room N–5647, including the validity of the Washington, DC 20210. Telephone: methodology and assumptions used; appropriate automated, electronic, • mechanical, or other technological (202) 693–8410; Fax: (202) 219–4745. Enhance the quality, utility, and collection techniques or other forms of These are not toll-free numbers. clarity of the information to be information technology, e.g., by Comments may also be submitted collected; and • Minimize the burden of the permitting electronic submission of electronically to the following Internet collection of information on those who responses. e-mail address: [email protected]. are to respond, including through the Comments submitted in response to SUPPLEMENTARY INFORMATION: use of appropriate automated, this notice will be summarized and/or I. Background electronic, mechanical, or other included in the ICR submitted for OMB technological collection techniques or approval. They will also become a The Interim Final Rule on Statutory other forms of information technology, matter of public record. Exemption for Cross-Trading of Securities implements the content e.g., permitting electronic submissions Dated: December 24, 2009. requirements for the written cross- of responses. Joseph A. Piacentini, trading policies and procedures III. Current Action Director, Office of Policy and Research, required under section 408(b)(19)(H) of Employee Benefits Security Administration. ERISA, as added by section 611(g) of the This notice requests comments on an [FR Doc. E9–30998 Filed 12–30–09; 8:45 am] Pension Protection Act of 2006, Public extension of OMB’s approval of the BILLING CODE 4510–29–P Law 109–280 (PPA). Section 611(g)(1) of information collections included in 29 the PPA created a new statutory CFR 2550.408b–19. The Department is exemption, added to section 408(b) of not proposing or implementing changes DEPARTMENT OF LABOR ERISA as subsection 408(b)(19), that to the existing ICR at this time. A exempts from the prohibitions of summary of the ICR and the current Employee Benefits Security sections 406(a)(1)(A) and 406(b)(2) of burden estimates follows: Administration ERISA those cross-trading transactions Agency: Employee Benefits Security Administration, Department of Labor. Proposed Extension of Information involving the purchase and sale of a security between an account holding Title: Final Rule on Statutory Collection; Comment Request; Final Exemption for Cross-Trading of Rule on Statutory Exemption for assets of a pension plan and any other account managed by the same Securities. Cross-Trading of Securities Type of Review: Extension of a investment manager, provided that currently approved collection of AGENCY: certain conditions are satisfied. Section Employee Benefits Security information. Administration, Department of Labor. 611(g)(3) of the PPA further directed the OMB Number: 1210–0130. ACTION: Notice. Secretary of Labor to issue regulations, Affected Public: Business or other for- within 180 days after enactment, profit; Not-for-profit institutions. SUMMARY: The Department of Labor (the regarding the content of the policies and Respondents: 1,600. Department), in accordance with the procedures to be adopted by an Responses: 15,000. Paperwork Reduction Act of 1995 (PRA investment manager to satisfy the Estimated Total Burden Hours: 95) (44 U.S.C. 3506(c)(2)(A)), provides conditions of the new statutory 17,000. the general public and Federal agencies exemption. Estimated Total Burden Cost with an opportunity to comment on The Department issued a final cross- (Operating and Maintenance): $58,000. proposed and continuing collections of trading regulation on October 7, 2008. Comments submitted in response to information. This helps the Department OMB approved the ICR at the proposed this notice will be summarized and/or assess the impact of its information rule stage on April 27, 2007, under included in the request for OMB collection requirements and minimize control number 1210–0130, which approval of the ICR; they will also the reporting burden on the public and expires on April 30, 2010. The final rule become a matter of public record.

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Dated: December 24, 2009. (ERISA) and from certain taxes imposed including the validity of the Joseph S. Piacentini, by the Internal Revenue Code of 1986 methodology and assumptions used; Director, Office of Policy and Research, (Code) for transactions in which an • Enhance the quality, utility, and Employee Benefits Security Administration. employee benefit plan purchases clarity of the information to be [FR Doc. E9–31000 Filed 12–30–09; 8:45 am] securities when the proceeds from such collected; and • BILLING CODE 4510–29–P purchase may be used to reduce or retire Minimize the burden of the a debt owed by a party in interest with collection of information on those who respect to such plan, provided that are to respond, including through the DEPARTMENT OF LABOR specified conditions are met. Among use of appropriate automated, other conditions, PTE 80–83 requires electronic, mechanical, or other Employee Benefits Security that adequate records pertaining to an technological collection techniques or Administration exempted transaction be maintained for other forms of information technology, six years. The Department has approval e.g., by permitting electronic Proposed Extension of Information from the Office of Management and submissions of responses. Collection; Request for Public Budget (OMB) for this information Comments submitted in response to Comment; Prohibited Transaction collection requirement under OMB this notice will be summarized and/or Class Exemption 80–83; Employee Control No. 1210–0064. This approval is included in the ICR submitted to OMB; Benefit Plan Purchase of Securities currently scheduled to expire on March they will also become a matter of public Benefiting Party in Interest Issuer 31, 2010. record. AGENCY: Employee Benefits Security II. Current Actions Dated: December 24, 2009. Administration, Department of Labor. Joseph A. Piacentini, ACTION: Notice. This notice requests public comment Director, Office of Policy and Research, pertaining to the Department’s request Employee Benefits Security Administration. SUMMARY: The Department of Labor (the for extension of OMB approval of the [FR Doc. E9–31001 Filed 12–30–09; 8:45 am] Department), in accordance with the information collection contained in PTE BILLING CODE 4510–29–P Paperwork Reduction Act of 1995 (PRA) 80–83. After considering comments (44 U.S.C. 3506(c)(2)(A)), provides the received in response to this notice, the general public and Federal agencies Department intends to submit an ICR to DEPARTMENT OF LABOR with an opportunity to comment on OMB for continuing approval of the proposed and continuing collections of information collection contained in PTE Employee Benefits Security information. This helps the Department 80–83. No change to the existing ICR is Administration assess the impact of its information proposed or made at this time. An collection requirements and minimize agency may not conduct or sponsor, and Proposed Extension of Information the reporting burden on the public and a person is not required to respond to, Collection; Comment Request; helps the public understand the an information collection unless it Prohibited Transaction Class Department’s information collection displays a valid OMB control number. A Exemption 75–1; Employee Benefit requirements and provide the requested summary of the ICR and the current Plan Security Transactions With data in the desired format. Currently, burden estimates follows: Broker-Dealers, Reporting Dealers and the Employee Benefits Security Agency: Employee Benefits Security Banks Administration (EBSA) is soliciting Administration, Department of Labor. AGENCY: comments on the proposed extension of Employee Benefits Security Title: Prohibited Transaction Class Administration, Department of Labor. the information collection provisions of Exemption 80–83; Employee Benefit ACTION: Notice. Prohibited Transaction Class Exemption Plan Purchase of Securities Benefiting (PTE) 80–83. A copy of the information Party in Interest Issuer. SUMMARY: The Department of Labor (the collection request (ICR) may be obtained Type of Review: Extension of a Department), in accordance with the by contacting the office listed in the currently approved collection of Paperwork Reduction Act of 1995 (PRA) ADDRESSES section of this notice. information. (44 U.S.C. 3506(c)(2)(A)), provides the DATES: Written comments must be OMB Number: 1210–0064. general public and Federal agencies submitted on or before March 1, 2010. Affected Public: Business or other for- with an opportunity to comment on ADDRESSES: Direct all written comments profit; Not-for-profit institutions. proposed and continuing collections of to Susan G. Lahne, Office of Policy and Respondents: 25. information. This program helps the Research, Employee Benefits Security Responses: 25. Department assess the impact of its Administration, U.S. Department of Estimated Total Burden Hours: 2 information collection requirements and Labor, 200 Constitution Avenue, NW., hours. minimize the reporting burden on the Room N–5647, Washington, DC 20210. public and helps the public understand III. Desired Focus of Comments Telephone: (202) 693–8410; Fax: (202) the Department’s information collection 219–4745. These are not toll-free The Department of Labor requirements and provide the requested numbers. Comments may also be (Department) is particularly interested data in the desired format. Currently, submitted electronically to the in comments that: the Employee Benefits Security following Internet e-mail address: • Evaluate whether the proposed Administration (EBSA) is soliciting [email protected]. collection of information is necessary comments on a proposed extension of SUPPLEMENTARY INFORMATION: for the proper performance of the the current approval of information functions of the agency, including collection provisions incorporated in I. Background whether the information will have the Prohibited Transaction Class PTE 80–83 provides an exemption practical utility; Exemption (PTE) 75–1, pertaining to from certain prohibited transaction • Evaluate the accuracy of the securities and other related transactions provisions of the Employment agency’s estimate of the burden of the with broker-dealers, reporting dealers Retirement Income Security Act of 1974 proposed collection of information, and banks. A copy of the information

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collection request (ICR) can be obtained information collection contained in PTE POSTAL REGULATORY COMMISSION by contacting the office shown in the 75–1. No change to the existing ICR is [Docket No. CP2009–29; Order No. 368] ADDRESSES section of this notice or at proposed or made at this time. An http://www.RegInfo.gov. agency may not conduct or sponsor, and Postal Product Price Changes DATES: Written comments must be a person is not required to respond to, submitted to the office shown in the an information collection unless it AGENCY: Postal Regulatory Commission. ADDRESSES section on or before March 1, displays a valid OMB control number. A ACTION: Notice. 2010. summary of the ICR and the current SUMMARY: ADDRESSES: Direct all written comments burden estimates follows: The Commission is noticing a to G. Christopher Cosby, Office of Policy Agency: Employee Benefits Security recently-filed Postal Service request to and Research, Employee Benefits Administration, Department of Labor. change prices for a Global Direct Security Administration, U.S. contract. This notice provides an Title: Prohibited Transaction Class opportunity for the public to comment. Department of Labor, 200 Constitution Exemption 75–1; Employee Benefit Plan DATES: Comments are due: January 5, Avenue, NW., Room N–5647, Security Transactions with Broker- 2010. Washington, DC 20210. Telephone: Dealers, Reporting Dealers and Banks. (202) 693–8410; Fax: (202) 219–4745. ADDRESSES: Type of Review: Extension of a Submit comments These are not toll-free numbers. electronically via the Commission’s Comments may also be submitted currently approved collection of information. Filing Online system at http:// electronically to the following Internet www.prc.gov. Commenters who cannot e-mail address: [email protected]. OMB Number: 1210–0092. submit their views electronically should SUPPLEMENTARY INFORMATION: Affected Public: Business or other for- contact the person identified in ‘‘FOR I. Background profit; Not-for-profit institutions. FURTHER INFORMATION CONTACT’’ Respondents: 9,750. by telephone for advice on alternatives PTE 75–1 provides exemptions from to electronic filing. Responses: 9,750. certain prohibited transaction FOR FURTHER INFORMATION CONTACT: provisions of the Employment Estimated Total Burden Hours: 1,625. Stephen L. Sharfman, General Counsel, Retirement Income Security Act of 1974 Estimate Total Burden Cost: $0. 202–789–6820 or (ERISA), and the Internal Revenue Code [email protected]. of 1986 (Code) for specified types of III. Desired Focus of Comments transactions between employee benefit SUPPLEMENTARY INFORMATION: On plans and broker-dealers, reporting The Department is particularly December 18, 2009, the Postal Service dealers and banks relating to securities interested in comments that: filed a notice that prices for the Global purchases and sales, provided specified • Evaluate whether the proposed Direct contract at issue in the above- conditions are met. The exempted collection of information is necessary captioned proceeding will change as transactions include an employee for the proper performance of the contemplated by the contract’s terms.1 benefit plan’s purchase of securities functions of the agency, including The Notice includes three attachments: from broker-dealers’ inventories of whether the information will have (1) A redacted version of the letter to the stocks, from underwriting syndicates in practical utility; customer with the amended prices (Attachment 1); (2) a certified statement which a plan fiduciary is a member, • Evaluate the accuracy of the of compliance with 39 U.S.C. 3633(a) from banks, from reporting dealers, and agency’s estimate of the burden of the (Attachment 2); and (3) an application from a market-maker even if a market- proposed collection of information, for non-public treatment for the material maker is a plan fiduciary. The exempted including the validity of the filed under seal (Attachment 3). transactions also include, under certain methodology and assumptions used; In Order No. 216, the Commission conditions, a plan’s accepting an • extension of credit from a broker-dealer Enhance the quality, utility, and concluded that certain costs for these for the purpose of facilitating settlement clarity of the information to be types of contracts are based on of a securities transaction. Among other collected; and objective, external factors and out of the conditions, PTE 75–1 requires that a • Minimize the burden of the Postal Service’s discretion.2 Such party seeking to rely on the exemption collection of information on those who objective, external factors are, in the with respect to a transaction maintain are to respond, including through the case of Global Direct, exchange rate adequate records of the transaction for use of appropriate automated, fluctuations and changes in the amount a period of six years. The Department electronic, mechanical, or other Canada Post Corporation charges the has obtained approval from the Office of technological collection techniques or Postal Service for services. Id. at 7. For Management and Budget (OMB) for this other forms of information technology, rate changes based on these types of information collection under OMB e.g., by permitting electronic objective, external factors, the Control No. 1210–0092. This approval is submissions of responses. Commission allowed that the Postal currently scheduled to expire on April Comments submitted in response to Service could file the changes on a 30, 2010. this notice will be summarized and/or ‘‘notice-type basis.’’ Id. The Postal Service filed the Notice II. Current Actions included in the ICR submitted to OMB; they will also become a matter of public because it plans on changing rates for This notice requests public comment record. the Global Direct contract at issue in pertaining to the Department’s request this docket. It is unclear, however, for extension of OMB approval of the Dated: December 24, 2009. information collection contained in PTE Joseph A. Piacentini, 1 Notice of United States Postal Service of Change 75–1. After considering comments Director, Office of Policy and Research, in Prices in Accordance with Order No. 216, Employee Benefits Security Administration. December 18, 2009 (Notice). received in response to this notice, the 2 PRC Order No. 216, Order Concerning Filing of Department intends to submit an ICR to [FR Doc. E9–30999 Filed 12–30–09; 8:45 am] Additional Global Direct Contracts Negotiated OMB for continuing approval of the BILLING CODE 4510–29–P Service Agreement, May 15, 2009 (Order No. 216).

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whether the planned increase is only ADDRESSES: Submit comments 3015.5;‘‘4 and (2) the certified statement the result of ‘‘objective, external factors’’ electronically via the Commission’s required by 39 CFR 3015.5(c)(2).5 Non- contemplated by Order No. 216. If the Filing Online system at http:// redacted copies of the customer notice increase is based on other terms of the www.prc.gov. Commenters who cannot and the certified statement have been contract that are not ‘‘objective, external submit their views electronically should filed under seal. The Notice also factors,’’ i.e., based on Article 9, contact the person identified in ‘‘FOR includes an application for non-public paragraph 2, of the contract, then it FURTHER INFORMATION CONTACT’’ treatment of the non-redacted must be subject to the usual by telephone for advice on alternatives documents.6 requirements of a competitive rate to electronic filing. II. Comments change set forth in 39 CFR 3015.5. FOR FURTHER INFORMATION CONTACT: Because the basis for the price change Stephen L. Sharfman, General Counsel, Interested persons may submit in the Notice is not clear, the 202–789–6820 or comments on the Postal Service’s Commission reopens Docket No. [email protected]. December 21, 2009 filing no later than CP2009–29 to review the proposed price January 5, 2010. The public portion of SUPPLEMENTARY INFORMATION: change and give interested persons the the filing can be accessed via the I. Postal Service Filing Commission’s Web site (http:// opportunity to comment on whether the II. Comments Postal Service’s proposed rate increase III. Ordering Paragraphs www.prc.gov). is based on ‘‘objective, external factors.’’ The Commission appoints Emmett If the change is based on such factors, I. Postal Service Filing Rand Costich to serve as the Public Commission review may be unnecessary On December 21, 2009, the Postal Representative in this proceeding. under the terms of Order No. 216. Service filed a notice of a change in III. Ordering Paragraphs Comments may also address, if prices under the Direct Entry Parcels It is ordered: appropriate, whether the filings in the contract.1 1. The Commission reopens Docket captioned docket are consistent with the Background. On July 31, 2009, the No. CP2009–36 to consider the price policies of 39 U.S.C. 3632, 3633, or 3652 Commission issued Order No. 264 changes proposed in the Postal Service’s and 39 CFR part 3015 and 39 CFR 3020, adding Direct Entry Parcels 1 (MC2009– December 21, 2009 filing. subpart B. Comments are due no later 26 and CP2009–36) to the Competitive 2. Pursuant to 39 U.S.C. 505, Emmett than January 5, 2010. Product List.2 In that order, the Rand Costich is appointed to serve as The Commission appoints Paul L. Commission noted that the Direct Entry officer of the Commission to represent Harrington to serve as Public Parcels 1 contract ‘‘includes provisions the interests of the general public in Representative in these dockets. that would permit price changes during these proceedings. It is ordered: the 1–year term of the contract.’’ Id. at 1. The Commission reopens Docket 3. Comments by interested persons in 9. Price changes could result either from these proceedings are to be filed no later No. CP2009–29 for consideration of the changes in the prices charged by Canada issues raised in this order. than January 5, 2010. Post Corporation for Xpresspost, or from 4. The Secretary shall arrange for 2. Pursuant to 39 U.S.C. 505, Paul L. changes in costs incurred by the Postal Harrington is appointed to serve as the publication of this order in the Federal Service relative to a specified threshold. Register. officer of the Commission (Public Id. at 10. Order No. 264 directed the Representative) to represent the Postal Service to file a notice of any By the Commission. interests of the general public in these such price changes with the Shoshana M. Grove, proceedings. Commission prior to their effective date. Secretary. 3. Comments by interested persons in Id. [FR Doc. E9–31073 Filed 12–30–09; 8:45 am] this proceeding are due no later than Notice. The Postal Service states that BILLING CODE 7710–FW–S January 5, 2010. the price changes it is proposing are 5. The Secretary shall arrange for ‘‘not the sort of automatic change[s] publication of this Notice in the Federal based on external, objective factors for OFFICE OF SCIENCE AND Register. which the Commission has permitted a TECHNOLOGY POLICY By the Commission. relatively streamlined, notice-type filing Shoshana M. Grove, procedure.’’ Notice at 1, n.1.3 The Postal Public Access Policies for Science and Secretary. Service’s Notice includes (1) A redacted Technology Funding Agencies Across [FR Doc. E9–31034 Filed 12–30–09; 8:45 am] copy of the notice to the customer of the Federal Government new prices and supporting BILLING CODE 7710–FW–S AGENCY: documentation establishing compliance Office of Science and with 39 U.S.C. 3633 and 39 CFR Technology Policy (OSTP), Executive Office of the President. POSTAL REGULATORY COMMISSION 1 Notice of United States Postal Service of Change ACTION: Notice; extension of comment [Docket No. CP2009–36; Order No. 369] in Prices, December 21, 2009 (Notice). period. 2 Docket Nos. MC2009–26 and CP2009–36, Order Postal Product Price Changes Concerning Direct Entry Parcels, International SUMMARY: On December 9, 2009, the Return Service and Harmonization Service Office of Science and Technology Policy ACTION: Notice. Negotiated Service Agreements, July 31, 2009 (OSTP) within the Executive Office of (Order No. 264). the President, published a notice SUMMARY: 3 Footnote 1 of the Notice refers to PRC Order No. The Commission is noticing a requesting input from the community recently-filed Postal Service request to 216, Docket No. CP2009–2, Order Concerning Filing of Additional Global Direct Contracts Negotiated regarding enhancing public access to change prices for a Direct Entry Parcels Service Agreement, May 15, 2009, at 7 (Order No. archived publications resulting from contract. This notice provides an 216). Order No. 216 permitted the Postal Service to opportunity for the public to comment. make notice-type filings for non-discretionary price changes under Global Direct Contracts due to 4 Attachment 1 to the Notice. DATES: Comments are due: January 5, exchange rate fluctuations and Canada Post 5 Attachment 2 to the Notice. 2010. Corporation price changes. 6 Attachment 3 to the Notice.

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research funded by Federal science and and competitiveness. The results of www.pubmedcentral.nih.gov/about/ technology agencies. That notice stated government-funded research can take faq.html. that the RFI would be active from many forms, including data sets, The NIH model has a variety of December 10, 2009 to January 7, 2010. technical reports, and peer-reviewed features that can be evaluated, and there The purpose of this document is to scholarly publications, among others. are other ways to offer the public extend that comment period to allow This RFI focuses on approaches that enhanced access to peer-reviewed comments until January 21, to would enhance the public’s access to scholarly publications. The best models accommodate potential respondents scholarly publications resulting from may influenced by agency mission, the who may find it difficult to complete research conducted by employees of a culture and rate of scientific their responses by the original deadline Federal agency or from research funded development of the discipline, funding because of the intervening holidays. by a Federal agency. to develop archival capabilities, and Respondents are invited to respond Increasing public access to scholarly research funding mechanisms. publications resulting from federally online via the Public Access Policy II. Invitation To Comment Forum at http://www.whitehouse.gov/ funded research may enhance the return open, or may submit responses via on federal investment in research in the Input is welcome on any aspect of electronic mail. Responses will be re- following ways: expanding public access to peer posted on the online forum. Instructions (a) More timely, easier, and less costly reviewed publications arising from and a timetable for daily blog topics access to scholarly publications federal research. Questions that during this period are described at resulting from federally funded research individuals may wish to address http://www.whitehouse.gov/open. for commercial and noncommercial include, but are not limited to, the scientists has the potential to promote DATES: Comments must be received by following (please respond to questions advances in science and technology, January 21, 2010. individually): thereby enhancing the return on federal 1. How do authors, primary and ADDRESSES: Submit comments by one of investment in research; secondary publishers, libraries, the following methods: (b) Creating an easily searchable universities, and the federal government Public Access Policy Forum: http:// permanent electronic archive of contribute to the development and www.whitehouse.gov/open. scholarly publications resulting from dissemination of peer reviewed papers Via e-mail: [email protected]. federally funded research has the Mail: Office of Science and arising from federal funds now, and potential to allow cross-referencing, how might this change under a public Technology Policy, Attn: Open continuous long-term access, and Government Recommendations, 725 access policy? retrieval of information whose initial 2. What characteristics of a public 17th Street, Washington, DC 20502. value may only be theoretical, but may access policy would best accommodate Comments submitted in response to eventually have important applications; the needs and interests of authors, this notice could be made available to (c) Ensuring that the federal agencies primary and secondary publishers, the public online or by alternative that support this research can access the libraries, universities, the federal means. For this reason, please do not published results has the potential to government, users of scientific include in your comments information promote improved cross-government literature, and the public? of a confidential nature, such as coordination of government funding, 3. Who are the users of peer-reviewed sensitive personal information or and thus improved management of the publications arising from federal proprietary information. If you submit federal research investments; research? How do they access and use an e-mail comment, your e-mail address (d) More timely, easier, and less costly these papers now, and how might they will be captured automatically and access to scholarly publications if these papers were more accessible? included as part of the comment that is resulting from federally funded research Would others use these papers if they placed in the public docket and made for educators and students, and ‘‘end were more accessible, and for what available on the Internet. users’’ of research, such as clinicians, purpose? FOR FURTHER INFORMATION CONTACT: Dr. patients, farmers, engineers, and 4. How best could Federal agencies Diane DiEuliis, Assistant Director, Life practitioners in virtually all sectors of enhance public access to the peer- Sciences, Office of Science and the economy, has the potential to reviewed papers that arise from their Technology Policy, Attn: Open promote the diffusion of knowledge. research funds? What measures could Government, 725 17th Street, NW., The Executive Branch is considering agencies use to gauge whether there is Washington, DC 20502. 202–456–6059. ways to enhance public access to peer increased return on federal investment SUPPLEMENTARY INFORMATION: reviewed papers arising from all federal gained by expanded access? science and technology agencies. One 5. What features does a public access I. Background potential model, implemented by the policy need to have to ensure On his first day in office, the National Institutes of Health (NIH) compliance? President issued a Memorandum on pursuant to Division G, Title II, Section 6. What version of the paper should Transparency and Open Government 218 of Public Law 110–161 (http:// be made public under a public access that called for an ‘‘unprecedented level publicaccess.nih.gov/) requires that all policy (e.g., the author’s peer reviewed of openness in government’’ and the investigators funded by the NIH submit manuscript or the final published rapid disclosure of one of our nation’s an electronic version of their final, peer- version)? What are the relative great assets—information. Moreover, the reviewed manuscript upon acceptance advantages and disadvantages to Administration is dedicated to for publication no later than 12 months different versions of a scientific paper? maximizing the return on Federal after the official date of publication. 7. At what point in time should peer- investments made in R&D. Consistent Articles collected under the NIH Public reviewed papers be made public via a with this policy, the Administration is Access Policy are archived in PubMed public access policy relative to the date exploring ways to leverage Federal Central and linked to related scientific a publisher releases the final version? investments to increase access to information contained in other NIH Are there empirical data to support an information that promises to stimulate databases. More information about optimal length of time? Should the scientific and technological innovation PubMed Central is available: http:// delay period be the same or vary for

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levels of access (e.g., final peer reviewed success of its public access collections? DEPARTMENT OF TRANSPORTATION manuscript or final published article, What are the best examples of usability access under fair use versus alternative in the private sector (both domestic and Federal Transit Administration license), for federal agencies and international)? And, what makes them scientific disciplines? exceptional? Should those who access American Recovery and Reinvestment 8. How should peer-reviewed papers papers be given the opportunity to Act Public Transportation on Indian arising from federal investment be made comment or provide feedback? Reservations Program Project Selections and Tribal Transit Program publicly available? In what format III. Deadline Extension should the data be submitted in order to Fiscal Year (FY) 2009 Project make it easy to search, find, and retrieve OSTP received more than 150 Selections and to make it easy for others to link to substantive responses in the first week it? Are there existing digital standards of this public forum. OSTP also received Correction several requests to extend the deadline for archiving and interoperability to In notice document E9–30197 maximize public benefit? How are these for comments because of the time constraints inherent in the holiday beginning on page 67302 in the issue of anticipated to change? season. As a result, OSTP will extend Friday, December 18, 2009, make the 9. Access demands not only the deadline for comments through following corrections: availability, but also meaningful January 21, 2010. usability. How can the Federal On page 67303, before the file line, government make its collections of peer- Dated: December 22, 2009. three photo pages were meant to reviewed papers more useful to the M. David Hodge, publish. They are printed in their American public? By what metrics (e.g., Operations Manager. entirety below: number of articles or visitors) should [FR Doc. E9–30725 Filed 12–30–09; 8:45 am] the Federal government measure BILLING CODE P

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[FR Doc. Z9–30197 Filed 12–30–09; 8:45 am] was authorized to abandon it. On Docket No. 35337, must be filed with BILLING CODE 1301–00–D December 16, 2009, YCR filed an the Surface Transportation Board, 395 E application for a modified certificate of Street, SW., Washington, DC 20423– public convenience and necessity in 0001. In addition, one copy of each DEPARTMENT OF TRANSPORTATION STB Finance Docket No. 35336, YCR pleading must be served on John D. Corporation—Modified Rail Certificate, Heffner, 1750 K Street, NW., Suite 200, Surface Transportation Board wherein YCR seeks to lease and operate Washington, DC 20006. [STB Finance Docket No. 35337] the line. Board decisions and notices are This transaction cannot be available on our Web site at: ‘‘http:// Paul Didelius—Continuance in Control consummated until January 17, 2010, www.stb.dot.gov.’’ Exemption—YCR Corporation the effective date of the exemption (30 Decided: December 24, 2009. days after the exemption is filed).3 Paul Didelius (applicant), a By the Board, Rachel D. Campbell, Applicant states that: (1) The rail line Director, Office of Proceedings. noncarrier, has filed a verified notice of to be acquired by YCR does not connect Andrea Pope-Matheson, exemption to continue in control of YCR with any other railroad in its corporate Corporation (YCR), upon YCR’s family; (2) the transaction is not part of Clearance Clerk. becoming a Class III rail carrier. a series of anticipated transactions that [FR Doc. E9–31037 Filed 12–30–09; 8:45 am] Currently, applicant owns 100 percent would connect the rail line with any BILLING CODE 4915–01–P of noncarrier, LRY, LLC D.B.A. Lake other railroad in its corporate family; 4 Railway (LRY). LRY concurrently filed and (3) the transaction does not involve DEPARTMENT OF TRANSPORTATION two notices of exemption to lease and a Class I rail carrier. operate: (1) 62.21 miles of railroad Therefore, the transaction is exempt National Highway Traffic Safety owned by Union Pacific Railroad from the prior approval requirements of Administration Company, consisting of: (a) Part of the 49 U.S.C. 11323. See 49 CFR Modoc Subdivison, extending from 1180.2(d)(2). [Docket No. NHTSA–2008–0183; Notice 2] milepost 445.6 near MacArthur, CA, to Under 49 U.S.C. 10502(g), the Board milepost 506.1, near Perez, CA, and (b) may not use its exemption authority to Ford Motor Company, Grant of Petition part of the Lakeview Branch, extending relieve a rail carrier of its statutory for Decision of Inconsequential from milepost 456.89 to milepost 458.60 obligation to protect the interests of its Noncompliance at Alturas, CA; and (2) 54.45 miles of employees. Section 11326(c), however, Ford Motor Company (Ford) has railroad owned by Lake County, OR, does not provide for labor protection for determined that certain complete model extending from milepost 458.60 at transactions under sections 11324 and year 2007–2008 Ford Expedition and Alturas, to milepost 513.05, at 11325 that involve only Class III rail Lincoln Navigator multipurpose Lakeview, OR. Once consummation carriers. Accordingly, the Board may not passenger vehicles (MPV) built with the occurs, on or after January 1, 2010, LRY impose labor protective conditions here, Limousine Builders Package and certain will become a Class III carrier.1 because all of the carriers involved are complete 2008 model year Ford Crown YCR, a new corporation owned in part Class III carriers. Victoria Police Interceptor (CVPI) 2 by applicant (49%) and Stan Patterson If the verified notice contains false or passenger cars built with two front (51%) has been established for the misleading information, the exemption bucket seats did not fully comply with purpose of leasing and operating a line is void ab initio. Petitions to revoke the paragraph S4.3(b) of 49 CFR 571.110 of railroad owned by Yakima County, exemption under 49 U.S.C. 10502(d) (Federal Motor Vehicle Safety Standard WA. The subject line extends between may be filed at any time. The filing of (FMVSS) No. 110, Tire Selection and Wesley Junction (Toppenish) and White a petition to revoke will not Rims, for Motor Vehicles With a GVWR automatically stay the effectiveness of Swan, WA, a distance of approximately of 4,536 Kilograms (10,000 Pounds) or the exemption. Stay petitions must be 20.56 miles. The line was formerly Less). Ford has filed an appropriate filed no later than January 8, 2010 (at operated by Washington Central report pursuant to 49 CFR part 573, least 7 days before the exemption Railroad Company (WCRC) and Yakima Defect and Noncompliance County acquired the line after WCRC becomes effective). An original and 10 copies of all Responsibility and Reports. Pursuant to 49 U.S.C. 30118(d) and 1 pleadings, referring to STB Finance See STB Finance Docket No. 35250, LRY, LLC 30120(h) and the rule implementing D.B.A. Lake Railway—Lease and Operation those provisions at 49 CFR part 556, Exemption—Union Pacific Railroad Company and 3 Applicant states in the notice that he plans to STB Finance Docket No. 35250 (Sub-No. 1), LRY consummate the transaction on or about January 16, Ford has petitioned for an exemption LLC D.B.A. Lake Railway—Lease and Operation 2010. from the notification and remedy Exemption—Rail Line in Lake County, OR. The 4 YCR will operate a rail line in south central requirements of 49 U.S.C. Chapter 301 notices were served and published in the Federal Oregon and LRY will operate rail lines in on the basis that this noncompliance is Register on December 18, 2009 (74 FR 67304–5). northeastern California and southwestern Oregon. 2 According to applicant, as President of YCR, he According to applicant, YCR and LRY lines are 380 inconsequential to motor vehicle safety. is in a position to control YCR. miles apart. Notice of receipt of the petition was

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published, with a 30-day public appropriate, (h) and (i)) may be shown in the vehicle overloading due to the incorrect comment period, on December 19, 2008, format and color scheme set forth in Figures value in the designated seating capacity. in the Federal Register (73 FR 77874). 1 and 2 * * * Ford also stated that it was not aware No comments were received. To view (b) Designated seated capacity (expressed of any field or owner complaints of in terms of total number of occupants and misunderstanding of the actual number the petition and all supporting number of occupants for each front and rear documents log onto the Federal Docket seat location) * * * of seats in these vehicles. Management System Web site at: Ford also has informed NHTSA that it http://www.regulations.gov/. Then In its petition, Ford explained that the has corrected the problem that caused follow the online search instructions to noncompliances with FMVSS No. 110 these errors so that they will not be locate docket number ‘‘NHTSA–2008– exist due to errors on the tire and repeated in future production. 0183.’’ loading information placards that it Subsequent to submitting the petition For further information on this affixed to the vehicles. Ford described Ford has additionally informed the decision, contact Mr. John Finneran, the noncompliances as incorrect listing agency that none of the subject vehicles Office of Vehicle Safety Compliance, the of designated seating positions on the could have been newly purchased by National Highway Traffic Safety tire and loading information placard. the general public. The subject Ford Administration (NHTSA), telephone Specifically: Expedition and Lincoln Navigator MPVs (202) 366–0645, facsimile (202) 366– 1. Expedition and Navigator vehicles were sold only to Qualified Vehicle 7097. with the Limo Builders Package are Modifiers (QVM) approved by Ford. Affected are approximately 233 model built with only two front seats. No rear These modifiers were provided with year 2007–2008 Ford Expedition and seats are installed. The tire information specific instructions by Ford to install Lincoln Navigator MPVs with the placard identifies the seating capacity as new tire information labels if the Limousine Builders Package (built from five total (two front; three rear) or seven information on the labels installed by September 6, 2006 through March 12, total (two front; five rear), instead of two Ford are not accurate prior to the first 2008, at Ford’s Michigan Truck Plant) total (two front; zero rear). retail sale of a vehicle. The and approximately 34,682 model year 2. CVPI passenger cars with two front modifications normally performed by 2008 Ford Crown Victoria Police bucket seats—the designated seating QVM require them to install Interceptor passenger cars equipped capacity was incorrectly identified as supplementary certification labels. See with two front bucket seats (built from six total (three front; three rear) instead 49 CFR 567.7. The subject Ford CVPI June 27, 2007, through May 7, 2008, at of five total (two front; three rear). passenger cars could only be ordered by Ford’s St. Thomas Assembly Plant). Ford also explained its belief that in government agencies and normally have Paragraph S4.3 of FMVSS No. 110 each of these cases the number of seats police equipment mounted on the requires in pertinent part: and the number of safety belts installed center console by vehicle modifiers as in the vehicle will clearly indicate to the directed by the purchasing agencies. S4.3 Placard. Each vehicle, except for a customers the actual seating capacity. In summation, Ford states that it trailer or incomplete vehicle, shall show the Ford also declared its belief that NHTSA information specified in S4.3(a) through (g), believes that the noncompliances are and may show, at the manufacturer’s option, has reached a similar conclusion that inconsequential to motor vehicle safety the information specified in S4.3(h) and (i), the presence of seat belts will alert the and that no corrective action is on a placard permanently affixed to the operators to the number of seating warranted. positions in any row of seating. Ford driver’s side B-pillar. In each vehicle without NHTSA Decision a driver’s side B-pillar and with two doors on specifically details its reasoning as the driver’s side of the vehicle opening in follows: NHTSA agrees with Ford that this opposite directions, the placard shall be noncompliance will not have an adverse In the case of the Expedition and Navigator affixed on the forward edge of the rear side effect on vehicle safety. In the agency’s door. If the above locations do not permit the vehicles built with the Limo Builders Package are equipped with only two front judgment, the presence of seat belts in affixing of a placard that is legible, visible the subject vehicles will alert vehicle and prominent, the placard shall be seats and two sets of safety belts when permanently affixed to the rear edge of the delivered to the Qualified Vehicle Modifier users to the number of intended seating driver’s side door. If this location does not (QVM). When the QVM completes the positions. The presence or absence of permit the affixing of a placard that is legible, modifications to the vehicles, the final the large center console between the visible and prominent, the placard shall be number of seating positions will be specified front bucket seats of the CVPI vehicles affixed to the inward facing surface of the on the label required to be affixed by the should alert vehicle users to the absence vehicle next to the driver’s seating position. QVM. of seating positions. Because the QVM In the case of the CVPI vehicles that are This information shall be in the English normally add additional seating to the language and conform in color and format, equipped with front bucket seats, the seats are separated by approximately 11 inches vehicles they alter it is likely that they not including the border surrounding the will be replacing the labels originally entire placard, as shown in the example set and Ford believes that nearly all of these forth in Figure 1 in this standard. At the vehicles will have a center console (typically placed on the Ford Expedition and manufacturer’s option, the information used to mount police equipment such as lap Lincoln Navigator vehicles by Ford. If specified in S4.3(c), (d), and, as appropriate, top computers, communications radios, siren the QVM do not add additional seating, (h) and (i) may be shown, alternatively to and lighting controls, etc.) installed by the the absence of rear seats in the being shown on the placard, on a tire aftermarket upfitters who perform police Expedition and Navigator vehicles with inflation pressure label which must conform vehicle conversions. the Limo Builders Package should alert in color and format, not including the border Ford stated that in all cases, the vehicle users to the absence of seating surrounding the entire label, as shown in the weight capacity, the tire size positions. example set forth in Figure 2 in this standard. designation and the cold tire inflation In consideration of the foregoing, The label shall be permanently affixed and pressure data listed on the tire and NHTSA has decided that Ford has met proximate to the placard required by this paragraph. The information specified in S4.3 loading information placard is correct its burden of persuasion that the subject (e) shall be shown on both the vehicle for the vehicles on which they are FMVSS No. 110 labeling placard and on the tire inflation pressure installed. Ford additionally stated that noncompliances are inconsequential to label (if such a label is affixed to provide the because the weight capacity is accurate, motor vehicle safety. Accordingly, information specified in S4.3(c), (d), and, as it believes that there is no potential for Ford’s petition is granted and the

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petitioner is exempted from the becoming a Class II or Class I rail carrier over a BNSF line of railroad extending obligation of providing notification of, and further certifies that its projected from BNSF milepost 579.3 near Mill and a remedy for, the subject revenues will not exceed $5 million. Creek, OK, to BNSF milepost 631.1 near noncompliance under 49 U.S.C. 30118 BJRY states that it intends to assume Joe Junction, TX, a distance of and 30120. operation of the Valley Park Lines and approximately 52 miles.2 Authority: 49 U.S.C. 30118, 30120; related properties on or about January The transaction is scheduled to be delegations of authority at 49 CFR 1.50 and 30, 2010. The earliest this transaction consummated on January 22, 2010. 501.8. may be consummated is January 14, The purpose of this transaction is to Issued on: December 23, 2009. 2010, the effective date of the exemption modify the temporary trackage rights exempted in STB Finance Docket No. Claude Harris, (30 days after the exemption was filed). If the verified notice contains false or 34554 (Sub-No. 10) to further extend the Director, Office of Vehicle Safety Compliance. misleading information, the exemption expiration date to on or about December [FR Doc. E9–31080 Filed 12–30–09; 8:45 am] is void ab initio. Petitions to revoke the 18, 2010. The modified trackage rights BILLING CODE 4910–59–P exemption under 49 U.S.C. 10502(d) will permit UP to continue to move may be filed at any time. The filing of loaded and empty ballast trains for use a petition to revoke will not in its maintenance-of-way projects. DEPARTMENT OF TRANSPORTATION automatically stay the effectiveness of As a condition to this exemption, any Surface Transportation Board the exemption. Petitions for stay must employee affected by the trackage rights be filed no later than January 7, 2010 (at will be protected by the conditions [STB Finance Docket No. 35333] least 7 days before the exemption imposed in Norfolk and Western Ry. becomes effective). Co.—Trackage Rights—BN, 354 I.C.C. Burlington Shortline Railroad, Inc. An original and 10 copies of all 605 (1978), as modified in Mendocino d/b/a Burlington Junction Railway— pleadings, referring to STB Finance Coast Ry., Inc.—Lease and Operate, 360 Lease and Operation Exemption— Docket No. 35333, must be filed with I.C.C. 653 (1980). BNSF Railway Company the Surface Transportation Board, 395 E This notice is filed under 49 CFR Burlington Shortline Railroad, Inc. d/ Street, SW., Washington, DC 20423– 1180.2(d)(7). If it contains false or b/a Burlington Junction Railway (BJRY), 0001. In addition, a copy of each misleading information, the exemption a Class III carrier, has filed a verified pleading must be served on James H.M. is void ab initio. Petitions to revoke the notice of exemption under 49 CFR Savage, Of Counsel, John D. Heffner, 1150.41 to lease and to operate, PLLC, 1750 K Street, NW., Suite 200, Pacific Railroad Company–Temporary Trackage Washington, DC 20006. Rights Exemption–BNSF Railway Company, pursuant to a lease agreement wherein UP requests that the Board permit the (Agreement) entered into on December Board decisions and notices are proposed local trackage rights arrangement 4, 2009, with BNSF Railway Company available on our Web site at http:// described in the present proceeding to expire on or (BNSF), approximately 3.5 miles of www.stb.dot.gov. about December 18, 2010, as provided in the parties’ agreement. That petition will be addressed BNSF’s rail line (the Valley Park Lines), Decided: December 24, 2009. by the Board in a separate decision. and currently operated by Missouri and By the Board, Rachel D. Campbell, 2 The trackage rights were originally granted in 1 Valley Park Railroad (MVPR), between Director, Office of Proceedings. Union Pacific Railroad Company–Temporary Trackage Rights Exemption–The Burlington milepost 18.36 and milepost 20.50, near Andrea Pope-Matheson, West Valley Park, St. Louis County, Northern and Santa Fe Railway Company, STB Clearance Clerk. Finance Docket No. 34554 (STB served Oct. 7, MO.2 [FR Doc. E9–31038 Filed 12–30–09; 8:45 am] 2004). Subsequently, the parties filed notices of BJRY states that the Valley Park Lines exemption several times based on their agreements connect with BNSF’s Cuba Subdivision BILLING CODE 4915–01–P to extend expiration dates of the same trackage Main Line at milepost 18.36. BJRY also rights. See STB Finance Docket No. 34554 (Sub-No. states that its Agreement does not 2) (decision served February 11, 2005); STB Finance DEPARTMENT OF TRANSPORTATION Docket No. 34554 (Sub-No. 4) (decision served prohibit BJRY from interchanging with March 3, 2006); STB Finance Docket No. 34554 other carriers. The Agreement does Surface Transportation Board (Sub-No. 6) (decision served January 12, 2007); STB contain a provision requiring BJRY to Finance Docket No. 34554 (Sub-No. 8) (decision remit supplemental rent to BNSF for [STB Finance Docket No. 34554 (Sub-No. served January 4, 2008); and STB Finance Docket 12)] No. 34554 (Sub-No. 10) (decision served January 8, each carload originating or terminating 2009). Because the original and subsequent trackage on the Valley Park Lines that is rights notices were filed under the class exemption Union Pacific Railroad Company— interchanged with a carrier other than at 49 CFR 1180.2(d)(7), under which trackage rights Temporary Trackage Rights BNSF. Accordingly, BJRY has normally remain effective indefinitely, in each Exemption—BNSF Railway Company instance the Board granted partial revocation of the concurrently filed with its notice a class exemption to permit the authorized trackage complete version of the Agreement, Pursuant to a modified written rights to expire. See STB Finance Docket No. 34554 marked ‘‘confidential’’ and submitted trackage rights agreement dated (Sub-No. 1) (decision served November 24, 2004); STB Finance Docket No. 34554 (Sub-No. 3) under seal pursuant to 49 CFR December 15, 2009, BNSF Railway (decision served March 25, 2005); STB Finance 1104.14(a) and 1150.43(h)(1)(ii). Company (BNSF) has agreed to extend Docket No. 34554 (Sub-No. 5) (decision served BJRY certifies that its projected the December 31, 2009 expiration date March 23, 2006); STB Finance Docket No. 34554 annual revenues as a result of this of the local trackage rights granted to the (Sub-No. 7) (decision served March 13, 2007); STB Finance Docket No. 34554 (Sub-No. 9) (decision transaction would not result in BJRY 1 Union Pacific Railroad Company (UP) served March 20, 2008); and STB Finance Docket No. 34554 (Sub-No. 11) (decision served March 11, 1 MVPR’s operations on the Valley Park Lines will 1 UP submits that the trackage rights being 2009). At the time of the extension authorized in terminate on January 29, 2010. granted here are only temporary rights, but, because STB Finance Docket No. 34554 (Sub-No. 10), the 2 The rail properties being leased consist of they are ‘‘local’’ rather than ‘‘overhead’’ rights, they parties anticipated that the authority to allow the industrial trackage and yard office buildings located do not qualify for the Board’s class exemption for rights to expire would be exercised by December 31, on the South Side of BNSF’s Cuba Subdivision temporary trackage rights at 49 CFR 1180.2(d)(8). 2009. However, the parties filed on December 18, Main Line, including all of BNSF’s trackage and See Railroad Consolidation Procedures, 6 S.T.B. 2009 in STB Finance Docket No. 34554 (Sub-No. other improvements located adjacent to BNSF’s 910 (2003). Therefore, UP concurrently has filed a 12) their most recent notice of exemption to allow Main Line, and an office building owned by BNSF petition for partial revocation of this exemption in the trackage rights to be extended to on or about located at 2150 Bowles Avenue, in Fenton, MO. STB Finance Docket No. 34554 (Sub-No. 13), Union December 18, 2010, which we are addressing here.

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exemption under 49 U.S.C. 10502(d) purpose of the transaction is to broaden By the Board, Rachel D. Campbell, may be filed at any time. The filing of the use INRD can make of its existing Director, Office of Proceedings. a petition to revoke will not trackage rights over the Line, permitting Jeffrey Herzig, automatically stay the effectiveness of INRD to use the trackage rights to move Clearance Clerk. the exemption. Stay petitions must be loaded coal trains and empty hopper [FR Doc. E9–30895 Filed 12–30–09; 8:45 am] filed by January 9, 2010 (7 days before trains between: (1) The Oaktown Mine BILLING CODE 4915–01–P the exemption becomes effective). and Duke Energy’s Wabash River An original and 10 copies of all generating station near Terre Haute, IN, pleadings, referring to STB Finance and Hoosier Energy’s Merom generating DEPARTMENT OF TRANSPORTATION Docket No. 34554 (Sub-No. 12), must be station at Merom, IN; and (2) the filed with the Surface Transportation Sunrise Mine at Carlisle, IN, and the National Highway Traffic Safety Board, 395 E Street, SW., Washington, Wabash River generating station and Administration DC 20423–0001. In addition, a copy of Indianapolis Power & Light’s generating each pleading must be served on Mack station at Petersburg, IN. INRD states [Docket No. NHTSA–2008–0167; Notice 2] H. Shumate, Jr., Senior General that the broadened trackage rights will Attorney, Union Pacific Railroad contribute to the economy and Volvo Cars of North America, LLC, Company, 101 North Wacker Drive, efficiency of operations by permitting Grant of Petition for Decision of Room #1920, Chicago, IL 60606. INRD to serve the Merom and Wabash Inconsequential Noncompliance Board decisions and notices are River generating stations from the mines Volvo Cars of North America, LLC available on our Web site at ‘‘http:// in single-line service, and to serve the (Volvo), has determined that certain www.stb.dot.gov.’’ Petersburg generating station in model year 2003–2009 multipurpose 2 Decided: December 23, 2009. interline service. passenger vehicles (MPV) did not fully By the Board, Rachel D. Campbell, The transaction is scheduled to be comply with paragraphs S4.4.2(a) and Director, Office of Proceedings. consummated on or after January 15, 4.4.2(c) of 49 CFR 571.110, Federal Jeffrey Herzig, 2010, the effective date of the exemption Motor Vehicle Safety Standard (FMVSS) Clearance Clerk. (30 days after the exemption was filed). No. 110, Tire Selection and Rims for [FR Doc. E9–30880 Filed 12–30–09; 8:45 am] As a condition to this exemption, any Motor Vehicles With a GVWR of 4,536 Kilograms (10,000 pounds) or Less. BILLING CODE 4915–01–P employees affected by the acquisition of the trackage rights will be protected by Volvo has filed an appropriate report the conditions imposed in Norfolk and pursuant to 49 CFR Part 573, Defect and DEPARTMENT OF TRANSPORTATION Western Ry. Co.—Trackage Rights—BN, Noncompliance Responsibility and 354 I.C.C. 605 (1978), as modified in Reports. Surface Transportation Board Mendocino Coast Ry., Inc.—Lease and Pursuant to 49 U.S.C. 30118(d) and Operate, 360 I.C.C. 653 (1980). 30120(h) and the rule implementing [STB Finance Docket No. 35328] those provisions at 49 CFR Part 556, This notice is filed under 49 CFR Volvo has petitioned for an exemption The Indiana Rail Road Company— 1180.2(d)(7). If it contains false or from the notification and remedy Trackage Rights Exemption—CSX misleading information, the exemption requirements of 49 U.S.C. Chapter 301 Transportation, Inc. is void ab initio. Petitions to revoke the on the basis that this noncompliance is exemption under 49 U.S.C. 10502(d) inconsequential to motor vehicle safety. Pursuant to a written supplemental may be filed at any time. The filing of Notice of receipt of the petition was trackage rights agreement dated a petition to revoke will not published, with a 30-day public December 1, 2009 (Second automatically stay the transaction. Stay comment period, on November 17, 2008 Supplemental Agreement), CSX petitions must be filed by January 8, in the Federal Register (73 FR 67926). Transportation, Inc. (CSXT), has agreed 2010 (at least 7 days before the No comments were received. to broaden the existing non-exclusive, exemption becomes effective). limited overhead trackage rights granted To view the petition and all to The Indiana Rail Road Company An original and 10 copies of all supporting documents log onto the (INRD) over CSXT’s line of railroad pleadings, referring to STB Finance Federal Docket Management System between the connection of CSXT and Docket No. 35328, must be filed with (FDMS) Web site at: http:// INRD trackage at Sullivan, IN, at the Surface Transportation Board, 395 E www.regulations.gov/. Then follow the approximately CSXT milepost OZA Street, SW., Washington, DC 20423– online search instructions to locate 204.5, and the connection between 0001. In addition, a copy of each docket number ‘‘NHTSA–2008–0167.’’ CSXT’s line and tracks leading to the pleading must be served on John For further information on this Oaktown Fuels Mine No. 1 LLC loading Broadley, John H. Broadley & decision, contact Mr. John Finneran, facility at Oaktown, IN (Oaktown Mine), Associates, P.C., 1054 31st Street, NW., Office of Vehicle Safety Compliance, the at approximately CSXT milepost OZA Suite 200, Washington, DC 20007. National Highway Traffic Safety 219.05, a distance of approximately 14.5 Board decisions and notices are Administration (NHTSA), telephone miles (Line).1 According to INRD, the available on our Web site at ‘‘http:// (202) 366–0645, facsimile (202) 366– www.stb.dot.gov.’’ 7097. 1 INRD states that Second Supplemental Decided: December 23, 2009. Affected are approximately 201,914 Agreement modifies the original trackage rights model years 2003–2009 XC90 MPV previously granted to INRD in The Indiana Rail Road Company—Amended Trackage Rights Transportation, Inc., STB Finance Docket No. manufactured from August 5, 2002 Exemption—CSX Transportation, Inc., STB Finance 35287 (STB served Sep. 2, 2009), which pertains to through March 28, 2008, and 14,147 Docket No. 35137 (STB served May 22, 2008), CSXT’s grant of non-exclusive, limited overhead model years 2008–2009 XC70 MPV which pertains to CSXT’s grant of non-exclusive, trackage rights to INRD between milepost OZA manufactured from May 21, 2007 limited local trackage rights to INRD between 204.5 and OZA 219.05. milepost OZA 204.5 and OZA 214.5, and first 2 INRD will interchange with the Indiana through March 28, 2008. Paragraphs supplemented in The Indiana Rail Road Southern Railroad Company (ISRR) at Beehunter, S4.4.2(a) and 4.4.2(c) of FMVSS No. 110 Company—Trackage Rights Exemption—CSX IN, and ISRR will deliver the coal to Petersburg. require in pertinent part:

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S4.4.2. Rim markings for vehicles other which are used to identify the correct 501.8 otherwise required by the subject than passenger cars. Each rim or, at the replacement rim, both contain the noncompliance. option of the manufacturer in the case of a correct and complete size of rims Issued on: December 23, 2009. single-piece wheel, each wheel disc shall be installed on the subject vehicles. Claude Harris, marked with the information listed in Volvo stated that it is unaware of any S4.4.2(a) through (e), in lettering not less Director, Office of Vehicle Safety Compliance. than 3 millimeters in height, impressed to a accidents or injuries or customer complaints related to the lack of these [FR Doc. E9–31079 Filed 12–30–09; 8:45 am] depth, or at the option of the manufacturer, BILLING CODE 4910–59–P embossed to a height of not less than 0.125 markings and that the missing markings millimeters. The information listed in do not affect the performance of the S4.4.2(a) through (c) shall appear on the wheels or the tire and wheel assemblies. outward side. In the case of rims of multi- In addition, Volvo states that it has DEPARTMENT OF THE TREASURY piece construction, the information listed in corrected the problem that caused these S4.4.2(a) through (e) shall appear on the rim errors so that they will not be repeated Submission for OMB Review; base and the information listed in S4.4.2(b) in future production and that it believes Comment Request and (d) shall also appear on each other part of the rim. that because the noncompliance is December 24, 2009. (a) A designation that indicates the source inconsequential to motor vehicle safety The Department of the Treasury will of the rim’s published nominal dimensions, that no corrective action is warranted. submit the following public information as follows: NHTSA Decision collection requirement to OMB for (1) ‘‘T’’ indicates The Tire and Rim review and clearance under the Association. The purpose of the labeling (2) ‘‘E’’ indicates The European Tyre and requirements in paragraphs S4.4.2(a) Paperwork Reduction Act of 1995, Rim Technical Organization. and S4.4.2(c) of FMVSS No. 110 is to Public Law 104–13 on or after the date (3) ‘‘J’’ indicates Japan Automobile Tire provide safe operation of vehicles by of publication of this notice. Copies of Manufacturers Association, Inc. ensuring that vehicles are equipped this submission may be obtained by (4) ‘‘L’’ indicates ABPA (Brazil), a.k.a. with rims of appropriate size and type calling the Treasury Bureau Clearance Associacao Latino Americana De Pneus E designation mounted with compatible Officer listed. Comments regarding this Aros. information collection should be (5) ‘‘F’’ indicates Tire and Rim Engineering tires of appropriate size and load rating. The purpose of the ‘‘DOT’’ marking is addressed to the OMB reviewer listed Data Committee of South Africa (Tredco). and to the Treasury PRA Clearance (6) ‘‘S’’ indicates Scandinavian Tire and to certify that the rims comply with all Rim Organization (STRO). applicable standards, the failure to mark Officer, Department of the Treasury, (7) ‘‘A’’ indicates The Tyre and Rim rims with a DOT symbol is considered 1750 Pennsylvania Avenue, NW., Suite Association of Australia. a violation of 49 U.S.C. 30115, 11010, Washington, DC 20220. (8) ‘‘I’’ indicates Indian Tyre Technical Certification, which does not require Dates: Written comments should be Advisory Committee (ITTAC). notification or remedy. Consequently, received on or before February 1, 2010 (9) ‘‘R’’ indicates Argentine Institute of that portion of Volvo’s to be assured of consideration. Rationalization of Materials, a.k.a. Instituto inconsequentiality petition is moot. Internal Revenue Service (IRS) Argentino de Racionalizacion de Materiales, While NHTSA strongly encourages (ARAM). manufacturers to include the OMB Number: 1545–0115. (10) ‘‘N’’ indicates an independent listing Type of Review: Extension of a pursuant to S4.1 of Sec. 571.139 or S5.1(a) of designation symbol required by Sec. 571.119 * * * S4.4.2(a), its omission does not prevent currently approved collection. (c) The symbol DOT, constituting a the proper matching of tires and rims in Title: Miscellaneous Income. certification by the manufacturer of the rim this unique situation because sufficient Form: 1099–MISC. that the rim complies with all applicable information about rim size is available Description: Form 1099–MISC is used Federal motor vehicle safety standards. from other markings on the rims as well by payers to report payments of $600 or In its petition, Volvo described the as information available from the more of rents, prizes and awards, noncompliance as the omission of two certification label required by 49 CFR medical and health care payments, markings from the subject vehicles’ Part 567 and the vehicle placard (tire nonemployee compensation, and crop wheels, the certification symbol information label) required by FMVSS insurance proceeds, $10 or more of (‘‘DOT’’) and the designation symbol (in No. 110 that are present on the affected royalties, any amount of fishing boat this case ‘‘E’’) which indicates the vehicles. In addition, the omitted proceeds, certain substitute payments, source of the rims’ published nominal marking does not affect the ability to golden parachute payments, and an dimensions. identify the rims in the event of recall indication of direct sales of $5,000 or Volvo argues that this noncompliance and is not likely to have any affect on more. is inconsequential to motor vehicle motor vehicle safety. Respondents: Businesses or other for- safety for the following reasons: apart In consideration of the foregoing, profits. from S4.4.2(a) and S4.4.2(c), the subject NHTSA has decided that Volvo has met Estimated Total Burden Hours: rims contain all information required its burden of persuasion that the failure 24,639,062 hours. within FMVSS No. 110; the tires and to provide the designation symbol, as OMB Number: 1545–0160. rims of the affected vehicles are required by paragraph S4.4.2(a) of Type of Review: Extension of a properly matched, and are appropriate FMVSS No. 110, is inconsequential to currently approved collection. for the load-carrying characteristics of motor vehicle safety. Accordingly, Title: Annual Information Return of these vehicles; the information on the Volvo’s application is granted, and it is Foreign Trust With a U.S. Owner. wheel provides users with the exempted from providing the Form: 3520–A. information necessary to ensure that the notification of noncompliance that is Description: Section 6048(b) requires wheel is mounted on the appropriate required by 49 U.S.C. 30118, and from that foreign trusts with at least one U.S. vehicle; and the omission of the ‘‘DOT– remedying the noncompliance, as beneficiary must file an annual E’’ stamping will not result in required by 49 U.S.C. 30120. information return on Form 3520–A. misapplication of the wheels. Also, the Authority: 49 U.S.C. 30118, 30120; The form is used to report the income rim markings and vehicle labeling, delegations of authority at 49 CFR 1.50 and and deductions of the foreign trust and

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provide statements to the U.S. owners Estimated Total Burden Hours: 25 Title: NOT–1114195–09, and beneficiaries. IRS uses Form 3520– hours. Manufacturers’ Certification of A to determine if the U.S. owner of the OMB Number: 1545–2019. Specified Plug-in Electric Vehicles. trust has included the net income of the Type of Review: Extension of a Description: The American Recovery trust in it’s gross income. currently approved collection. and Reinvestment Act of 2009 provides, Respondents: Individuals and Title: TD 9451—Guidance Necessary under § 30 of the Internal Revenue Households. to Facilitate Business Election Filing; Code, a credit for certain new specified Estimated Total Burden Hours: 21,700 Finalization of Controlled Group plug-in electric drive vehicles. This hours. Qualification Rules (TD 9329). notice provides procedures for a vehicle OMB Number: 1545–0231. Description: This document contains manufacturer to certify to the IRS that Type of Review: Revision of a a final regulation that provides guidance a vehicle meets the statutory currently approved collection. to taxpayers for determining which requirements for the credit, and to Title: Credit for Alcohol Used as Fuel. corporations are included in a certify the amount of the credit available Form: 6478. controlled group of corporations. This with respect to the motor vehicle. The Description: IRC section 38(b)(3) regulation is being published to replace notice also provides guidance to allows a nonrefundable income tax an expiring temporary regulation. taxpayers who purchase motor vehicles credit for businesses that sell or use Respondents: Businesses or other for- regarding the conditions under which alcohol. Small ethanol producers also profits. they may rely on the vehicle receive a nonrefundable credit for Estimated Total Burden Hours: manufacturer’s certification. production of qualified ethanol. Form 262,500 hours. Respondents: Businesses or other for- 6478 is used to figure the credits. OMB Number: 1545–2147. profits. Respondents: Businesses or other for- Type of Review: Extension of a Estimated Total Burden Hours: 250 profits. currently approved collection. hours. Estimated Total Burden Hours: 23,793 Title: RP 2009–37—Internal Revenue Clearance Officer: R. Joseph Durbala hours. Code Section 108(i) Election. (202) 622–3634, Internal Revenue OMB Number: 1545–1181. Description: The law allows taxpayers Service, 1111 Constitution Avenue, Type of Review: Extension of a to defer for 5 years taxation of certain NW., Room 6129, Washington, DC currently approved collection. income arising in 2009 or 2010. 20224. Title: Required Payment or Refund Taxpayers then must include the OMB Reviewer: Shagufta Ahmed (202) Under Section 7519. deferred amount in income ratably over 395–7873, Office of Management and Form: 8752. 5 years. The election statement advises Budget, Room 10235, New Executive Description: This form is used to that a taxpayer makes the election and Office Building, Washington, DC 20503. verify that partnerships and S the election and information statements corporations that have made a section provide information necessary to track Celina Elphage, 444 election have correctly reported the the income. Respondents are C Treasury PRA Clearance Officer. payment required under section 7519. corporations and other persons in a [FR Doc. E9–31059 Filed 12–30–09; 8:45 am] Respondents: Businesses or other for- business that reacquire debt BILLING CODE 4830–01–P profits. instruments. This revenue procedure Estimated Total Burden Hours: provides the exclusive procedures for 565,920 hours. taxpayers to make an election to defer DEPARTMENT OF THE TREASURY recognizing discharge of indebtedness OMB Number: 1545–2014. Submission for OMB Review; income (cancellation of debt, or COD Type of Review: Extension of a Comment Request currently approved collection. income) under § 108(i) of the Internal Title: TD 9452; Application of Revenue Code. December 24, 2009. Separate Limitations to Dividends from Respondents: Businesses or other for- The Department of the Treasury will Non-controlled Section 902 profits. submit the following public information Corporations. Estimated Total Burden Hours: collection requirement(s) to OMB for Description: The American Jobs 300,000 hours. review and clearance under the Creation Act of 2004 amended the OMB Number: 1545–2148. Paperwork Reduction Act of 1995, foreign tax credit treatment of dividends Type of Review: Extension of a Public Law 104–13 on or after the from non-controlled section 902 currently approved collection. publication date of this notice. Copies of corporations effective for post 2002 tax Title: Form 8928—Return of Certain the submission(s) may be obtained by year and the GOZA permitted taxpayers Excise Taxes Under Chapter 43 of the calling the Treasury Bureau Clearance to elect to defer the effective date of Internal Revenue Code. Officer listed. Comments regarding this these amendments until post 2002 tax Form: 8928. information collection should be years. These regulations require a Description: Form 8928 is used by addressed to the OMB reviewer listed taxpayer making the GOZA election to employers, group health plans, HMOs, and to the Treasury Department file a statement to such effect with its and third party administrators to report Clearance Officer, Department of the next tax return, and they require certain and pay excise taxes due for failures Treasury, Room 11000, 1750 shareholders wishing to make tax under sections 4980B, 4980D, 4980E, Pennsylvania Avenue, NW., elections on behalf of their controlled and 4980G. Washington, DC 20220. foreign corporations or non-controlled Respondents: Businesses or other for- Dates: Written comments should be section 902 corporations to execute a profits. received on or before February 1, 2010 joint consent (that is retained by one Estimated Total Burden Hours: 2,348 to be assured of consideration. shareholder) and attach a statement to hours. the company’s return. OMB Number: 1545–2150. Community Development Financial Respondents: Businesses or other for- Type of Review: Extension of a Institutions Fund profits. currently approved collection. OMB Number: 1559–0021.

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Type of Review: Revision. Department of the Treasury. The form Panama City, Florida (OTS No. 07939), Title: Financial Assistance (FA) and will capture key information such as on December 18, 2009. Technical Assistance Component NAICS, contract and subcontract award Dated: December 23, 2009. Application—CDFI Program. information, and past performance. The By the Office of Thrift Supervision. Form: CDFI–0001. information will be stored in a database. Sandra E. Evans, Description: The CDFI Fund provides The database will be used by OSDBU, Federal Register Liaison. financial assistance in the form of Treasury Acquisition staff and the grants, loans, equity investments and Troubled Asset Relief Program to [FR Doc. E9–30953 Filed 12–30–09; 8:45 am] deposits to community development conduct research when searching for BILLING CODE 6720–01–M financial institutions providing capital small businesses to perform on Treasury and financial services to underserved contracts. DEPARTMENT OF THE TREASURY markets. Respondents: Businesses or other for- Respondents: Not-for-profit profit institutions. Office of Thrift Supervision institutions. Estimated Total Reporting Burden: 54 Estimated Total Burden Hours: 20,000 hours. New South Federal Savings Bank hours. DO Clearance Officer: Robin Byrd, Irondale, AL; Notice of Appointment of Clearance Officer: Ashanti McCallum, Department of Treasury, OSDBU, 1500 Receiver (202) 622–9018, Community Pennsylvania Ave., NW., Washington, Development Financial Institutions DC 20220; (202) 622–8213 Notice is hereby given that, pursuant Fund, Department of the Treasury, 601 OMB Reviewer: Shagufta Ahmed, to the authority contained in section 13th Street, NW., Suite 200 South, Office of Management and Budget, New 5(d)(2) of the Home Owners’ Loan Act, Washington, DC 20005. Executive Office Building, Room 10235, the Office of Thrift Supervision (OTS) OMB Reviewer: Shagufta Ahmed, Washington, DC 20503; (202) 395–7873 has duly appointed the Federal Deposit Insurance Corporation as sole Receiver (202) 395–7873, Office of Management Dawn D. Wolfgang, for New South Federal Savings Bank, and Budget, Room 10235, New Treasury PRA Clearance Officer. Irondale, Alabama (OTS No. 08083), on Executive Office Building, Washington, [FR Doc. E9–30679 Filed 12–30–09; 8:45 am] December 18, 2009. DC 20503. BILLING CODE 4810–25–P Dated: December 23, 2009. Celina Elphage, By the Office of Thrift Supervision. Treasury PRA Clearance Officer. DEPARTMENT OF THE TREASURY Sandra E. Evans, [FR Doc. E9–31061 Filed 12–30–09; 8:45 am] Federal Register Liaison. BILLING CODE 4810–70–P Office of Thrift Supervision [FR Doc. E9–30955 Filed 12–30–09; 8:45 am] BILLING CODE 6720–01–M First Federal Bank of California, FSB DEPARTMENT OF THE TREASURY Santa Monica, CA; Notice of Appointment of Receiver Submission for OMB Review; DEPARTMENT OF THE TREASURY Comment Request Notice is hereby given that, pursuant Fiscal Service to the authority contained in section December 22, 2009. 5(d)(2) of the Home Owners’ Loan Act, Prompt Payment Interest Rate; The Department of Treasury is the Office of Thrift Supervision (OTS) Contract Disputes Act planning to submit the following public has duly appointed the Federal Deposit information collection requirement to Insurance Corporation as sole Receiver AGENCY: Bureau of the Public Debt, OMB for review and clearance under the for First Federal Bank of California, Fiscal Service, Treasury. Paperwork Reduction Act of 1995, FSB, Santa Monica, California (OTS No. ACTION: Notice. Public Law 104–13. A copy of the 01792), on December 18, 2009. submission may be obtained by SUMMARY: For the period beginning contacting the Departmental Office (DO) Dated: December 23, 2009. January 1, 2010, and ending on June 30, Clearance Officer listed. Comments By the Office of Thrift Supervision. 2010, the prompt payment interest rate regarding this information collection Sandra E. Evans, is 31⁄4 per centum per annum. should be addressed to the OMB Federal Register Liaison. ADDRESSES: Comments or inquiries may reviewer listed and to the Treasury PRA [FR Doc. E9–30951 Filed 12–30–09; 8:45 am] be mailed to Dorothy Dicks, Reporting Clearance Officer, Department of the BILLING CODE 6720–01–M Team Leader, Federal Borrowings Treasury, 1750 Pennsylvania Ave., NW., Branch, Division of Accounting Suite 11010, Washington, DC 20220. Operations, Office of Public Debt DATES: Written comments should be DEPARTMENT OF THE TREASURY Accounting, Bureau of the Public Debt, received on or before March 1, 2010 to Parkersburg, West Virginia 26106–1328. Office of Thrift Supervision be assured of consideration. A copy of this Notice is available at http://www.treasurydirect.gov. Peoples First Community Bank Office of Small and Disadvantaged DATES: Effective January 1, 2010, to June Panama City, FL; Notice of Business Utilization (OSDBU) 30, 2010. Appointment of Receiver OMB Number: 1505–0220. FOR FURTHER INFORMATION CONTACT: Type of Review: Extension without Notice is hereby given that, pursuant Mike Linder, Director, Division of change of a currently approved to the authority contained in section Accounting Operations, Office of Public collection. 5(d)(2) of the Home Owners’ Loan Act, Debt Accounting, Bureau of the Public Title: Electronic Capability Statement. the Office of Thrift Supervision (OTS) Debt, Parkersburg, West Virginia 26106– Description: The Electronic Capability has duly appointed the Federal Deposit 1328, (304) 480–5125; Dorothy Dicks, Statement will be used by firms that Insurance Corporation as sole Receiver Reporting Team Leader, Federal wish to do business with the for Peoples First Community Bank, Borrowings Branch, Division of

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Accounting Operations, Office of Public 1978, Sec. 12, Public Law 95–563, 92 time the agency accrues the obligation Debt Accounting, Bureau of the Public Stat. 2389, and the Prompt Payment Act to pay a late payment interest penalty. Debt, Parkersburg, West Virginia 26106– of 1982, 31 U.S.C. 3902(a), provide for Id. ‘‘The interest penalty shall be paid 1328, (304) 480–5115; Paul Wolfteich, the calculation of interest due on claims for the period beginning on the day after Chief Counsel, Office of the Chief at the rate established by the Secretary the required payment date and ending Counsel, Bureau of the Public Debt, of the Treasury. on the date on which payment is made.’’ (202) 504–3705; or Brenda L. Hoffman, The Secretary of the Treasury has the 31 U.S.C. 3902(b). Attorney-Advisor, Office of the Chief authority to specify the rate by which Therefore, notice is given that the Counsel, Bureau of the Public Debt, the interest shall be computed for Secretary of the Treasury has (202) 504–3706. interest payments under § 12 of the determined that the rate of interest Contract Disputes Act of 1978 and applicable for the period beginning SUPPLEMENTARY INFORMATION: An agency under the Prompt Payment Act. Under January 1, 2010, and ending on June 30, that has acquired property or services the Prompt Payment Act, if an interest 2010, is 31⁄4 per centum per annum. from a business concern and has failed penalty is owed to a business concern, to pay for the complete delivery of the penalty shall be paid regardless of Nancy Fleetwood, property or service by the required whether the business concern requested Fiscal Assistant Secretary (Acting). payment date shall pay the business payment of interest. Agencies must pay [FR Doc. E9–31008 Filed 12–28–09; 11:15 concern an interest penalty. 31 U.S.C. the interest penalty calculated with the am] 3902(a). The Contract Disputes Act of interest rate, which is in effect at the BILLING CODE 4810–39–P

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Part II

Department of Commerce National Oceanic and Atmospheric Administration

50 CFR Part 648 Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast (NE) Multispecies Fishery; Amendment 16; Proposed Rule

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DEPARTMENT OF COMMERCE submit comments, identified by 0648– multispecies in Federal waters off the AW72, by any of the following methods: New England and Mid-Atlantic coasts, National Oceanic and Atmospheric • Electronic submissions: Submit all including both large-mesh and small- Administration electronic public comments via the mesh species. Small-mesh species Federal eRulemaking Portal: http:// include silver hake (whiting), red hake, 50 CFR Part 648 www.regulations.gov. offshore hake, and ocean pout, while • Fax: (978) 281–9135. large-mesh species include Atlantic cod, [Docket No. 0808071078–81093–01] • Mail: Paper, disk, or CD–ROM haddock, yellowtail flounder, pollock, comments should be sent to Patricia A. American plaice, witch flounder, white RIN 0648–AW72 Kurkul, Regional Administrator, hake, windowpane flounder, Atlantic National Marine Fisheries Service, 55 halibut, winter flounder, and redfish. Magnuson-Stevens Fishery Great Republic Drive, Gloucester, MA Large-mesh species are further divided Conservation and Management Act 01930. Mark the outside of the into 19 individual stocks, that, along Provisions; Fisheries of the envelope, ‘‘Comments on the Proposed with ocean pout are collectively referred Northeastern United States; Northeast Rule for NE Multispecies Amendment to as groundfish. A major overhaul of (NE) Multispecies Fishery; Amendment 16.’’ the FMP occurred in 2004 with 16 Instructions: No comments will be implementation of Amendment 13 and posted for public viewing until after the AGENCY: National Marine Fisheries the establishment of rebuilding comment period has closed. All Service (NMFS), National Oceanic and programs for all large-mesh stocks comments received are a part of the managed by the FMP, including Atmospheric Administration (NOAA), public record and will generally be Commerce. specification of status determination posted to http://regulations.gov without criteria for each stock. ACTION: Proposed rule; request for change. All Personal Identifying Amendment 13, which became comments. Information (for example, name, effective May 1, 2004 (April 27, 2004; 69 address, etc.) voluntarily submitted by SUMMARY: NMFS proposes regulations to FR 22906), established two different the commenter may be publicly implement measures in Amendment 16 strategies for rebuilding (an adaptive accessible. Do not submit Confidential to the NE Multispecies Fishery strategy and a phased rebuilding Business Information or otherwise strategy), and a rebuilding plan for each Management Plan (FMP). Amendment sensitive or protected information. 16 was developed by the New England overfished stock was developed in NMFS will accept anonymous accordance with one of the two Fishery Management Council (Council) comments (enter N/A in the required as part of the biennial adjustment strategies. Under the adaptive fields, if you wish to remain rebuilding strategy, the fishing mortality process in the FMP to update status anonymous). You may submit determination criteria for all regulated rate (F) was held at a level intended to attachments to electronic comments in produce maximum sustainable yield NE multispecies or ocean pout stocks; to Microsoft Word, Excel, WordPerfect, or adopt rebuilding programs for NE (FMSY) from 2004 through 2008, and Adobe PDF file formats only. then subsequently reduced to the level multispecies stocks newly classified as Copies of Amendment 16, its being overfished and subject to required to rebuild by the selected end- Regulatory Impact Review (RIR), and a date of the relevant rebuilding period overfishing; and to revise management draft of the Final Environmental Impact measures, including significant for that stock. In contrast, under the Statement (FEIS) are available from Paul phased rebuilding strategy, F was revisions to the Sector management J. Howard, Executive Director, New allowed to remain above F at the measures, necessary to end overfishing, MSY England Fishery Management Council, start of the rebuilding period in 2004, rebuild overfished regulated NE 50 Water Street, Mill 2, Newburyport, and then was to be reduced sequentially multispecies and ocean pout stocks, and MA 01950. NMFS prepared an Initial in 2006 and 2009. Eight stocks (Gulf of mitigate the adverse economic impacts Regulatory Flexibility Act (IRFA) Maine (GOM) cod, Georges Bank (GB) of increased effort controls. Amendment analysis, which is summarized in the haddock, GOM haddock, Southern New 16 would also implement new Classification section of this proposed England (SNE)/Mid-Atlantic (MA) requirements for establishing acceptable rule. The EIS/RIR/IRFA is also winter flounder, GB yellowtail flounder, biological catch (ABC), annual catch accessible via the Internet at http:// redfish, windowpane flounder (southern limits (ACLs), and accountability www.nefmc.org/nemulti/index.html. stock), and ocean pout) are managed measures (AMs) for each stock managed Written comments regarding the under the adaptive rebuilding strategy, under the FMP, pursuant to the burden-hour estimates or other aspects while five stocks (GB cod, Cape Cod Magnuson-Stevens Fishery of the collection-of-information (CC)/GOM yellowtail flounder, SNE/MA Conservation and Management Act requirements contained in this rule yellowtail flounder, American plaice, (Magnuson-Stevens Act). Finally, this should be submitted to the Regional and white hake) are managed under the action would add Atlantic wolffish to Administrator at the address above and phased rebuilding strategy. the list of species managed by the FMP. to David Rostker, Office of Management Amendment 13 also established a This action is necessary to address the and Budget (OMB), by e-mail at biennial adjustment process whereby results of the most recent stock [email protected], or fax to the Council would review the FMP and assessment that indicates that several (202) 395–7285. make any changes to management additional NE multispecies regulated FOR FURTHER INFORMATION CONTACT: measures necessary to achieve the goals species are overfished and subject to Douglas W. Christel, Fishery Policy and objectives of the FMP. This overfishing, and that stocks currently Analyst, phone: 978–281–9141, fax: adjustment process provides for an classified as overfished require 978–281–9135. update of the scientific information additional reductions in fishing SUPPLEMENTARY INFORMATION: regarding the status of the stocks, and an mortality to rebuild by the end of their evaluation of the effectiveness of the rebuilding periods. Background regulations. The biennial review DATES: Comments must be received by The FMP specifies management scheduled to occur in 2008, with January 20, 2010. ADDRESSES: You may measures for 15 species of NE necessary changes to the FMP to be

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implemented in 2009, included a peer- Center (NEFSC) regarding preliminary includes revisions to regulations that are reviewed benchmark assessment and a estimates of 2006 stock size and F at the not specifically identified in review of the biological reference points June 2008 Council meeting indicated Amendment 16, but that are necessary (stock status determination criteria) for that draft effort control measures under to effectively implement the provisions each stock. This planned assessment of development for Amendment 16 were in Amendment 16, or to correct errors the biological reference points not targeting the correct stocks. Based in, or clarify, existing provisions. A (Groundfish Assessment Review on this information, the Council description of the proposed Meeting, (GARM III)) was also part of decided to wait until the receipt of the management measures follows. the adaptive rebuilding strategy final GARM III assessment results in described above, which sought to September 2008 to continue 1. Incorporation of Atlantic Wolffish evaluate the more fundamental development of Amendment 16. The Into the FMP scientific information mid-way through Council subsequently developed a Section 304(e) of the Magnuson- the rebuilding period for most stocks. revised schedule for development for Stevens Act requires either the Council GARM III, completed in August 2008, Amendment 16, which postponed or the Secretary to develop a fishery included a series of meetings over the implementation of Amendment 16 until management plan or proposed course of 1 year. GARM III evaluated the the start of FY 2010 on May 1, 2010. In regulations to end overfishing and underlying data and models utilized for addition, the Council voted on rebuild a stock within 2 years of notice assessment of the NE multispecies September 4, 2008, to request that that the fishery is overfished. Atlantic regulated species and ocean pout stocks, NMFS implement an interim action for wolffish was recently determined to be evaluated the biological reference the duration of FY 2009 (May 1, 2009– overfished by the Data Poor Working points, established new reference April 30, 2010), and recommended a Group, with notice provided to the points, assessed the biomass and fishing specific suite of management measures Council in February 2009. Because this mortality status of the NE multispecies for the interim action. A proposed rule species is occasionally caught by both regulated species and ocean pout stocks to implement interim management the commercial and recreational NE in 2007, and provided examples of the measures published on January 16, 2009 multispecies fisheries, Amendment 16 Fs that would be expected to rebuild (74 FR 2959), with final interim proposes to incorporate Atlantic overfished stocks. measures published on April 13, 2009 wolffish into the FMP. Accordingly, the GARM III concluded that 11 stocks (74 FR 17030) and effective on May 1, were still subject to overfishing (i.e., F term ‘‘regulated species’’ would be 2009. revised to include large-mesh species, was above FMSY), and that 11 stocks Based upon the final results of GARM ocean pout, and Atlantic wolffish. were overfished (i.e., biomass levels III, the Council adopted draft Status determination criteria, a were less than one half of the biomass management measures and an rebuilding plan, and management at MSY (BMSY)), with 9 stocks classified associated draft EIS (DEIS) at its measures to rebuild this stock are also as both overfished and subject to February 2009 meeting. A notice of proposed in Amendment 16. overfishing. A final determination on availability for the DEIS, which the status of pollock could not be made analyzed the impacts of all of the 2. Status Determination Criteria until the fall 2008 survey data were measures under consideration in available, as the status of this species is Amendment 16, was published on April Amendment 16 proposes to update based on the 3-yr centered average of 24, 2009 (74 FR 18705), with public the status determination criteria for the fall biomass indices. Such data were comments accepted through June 8, existing NE multispecies regulated available in January 2009, and indicated 2009. Final measures for Amendment 16 species and ocean pout stocks based that pollock is overfished. GARM III were adopted by the Council at its June upon the best available scientific also indicated that some stocks 2009 meeting, with revisions to the information regarding stock status improved in status from the previous discard provisions adopted at its resulting from GARM III. In addition, assessment (GARM II), with GOM September 2009 meeting. A notice of because Amendment 16 would add haddock and GB haddock classified as availability for Amendment 16, Atlantic wolffish to the FMP, biological rebuilt in 2000 and 2006, respectively, including the FEIS, as submitted by the reference points would be established and GOM cod expected to be rebuilt by Council for review by the Secretary of for this species. Based upon the results 2009. Commerce (Secretary), was published in of GARM III, biological reference points The Council began development of the Federal Register on October 23, have been revised from those adopted in Amendment 16 in 2006 with the intent 2009 (74 FR 54773). The comment Amendment 13. Stock status of implementing any necessary period on the Amendment 16 and its determinations were updated relative to revisions to management measures associated FEIS ends on December 22, the revised reference points. In based upon the results of GARM III by 2009. In addition to the implementing summary, the F at 40 percent of the start of fishing year (FY) 2009 on measures proposed in this rule, maximum spawning potential (F40% May 1, 2009. On November 6, 2006, a Amendment 16 contains changes to MSP) was used as a proxy for FMSY for notice of intent to prepare a status determination criteria and other most of the age-based stocks. Spawning supplemental EIS and hold scoping aspects of the management program, stock biomasses at maximum meetings designed to solicit public such as an ABC control rule and sustainable yield (SSBMSY) were input on any revisions to management potential sector contributions, that are calculated using F40% MSP, with an measures necessary to continue not reflected in regulations, but that are assumption on the recruitment that rebuilding overfished NE multispecies summarized below. should occur at SSBMSY. Changes to the regulated species and ocean pout stocks status determination criteria are more was published in the Federal Register Proposed Measures fully discussed in Section 4.2 of (November 6, 2006; 71 FR 64941). The Amendment 16 proposes a large Amendment 16, and in Section 1 of the Council continued to develop number of changes to the management GARM III report. Table 1 lists the Amendment 16 for implementation in regime for the NE multispecies fishery, proposed revised status determination FY 2009 until a presentation by the including revisions/additions to existing criteria, and numerical estimates of NMFS Northeast Fisheries Science regulations. This proposed rule also these parameters are listed in Table 2.

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TABLE 1—DESCRIPTION OF THE PROPOSED REVISED STATUS DETERMINATION CRITERIA

Minimum bio- Maximum fishing mortality Species Stock Biomass target (Btarget) mass thresh- old threshold

1 Cod ...... GB ...... SSBMSY:SSB/R (40% MSP) ...... ⁄2 Btarget ...... F40% MSP. 1 Cod ...... GOM ...... SSBMSY:SSB/R (40% MSP) ...... ⁄2 Btarget ...... F40% MSP. 1 Haddock ...... GB ...... SSBMSY:SSB/R (40% MSP) ...... ⁄2 Btarget ...... F40% MSP. 1 Haddock ...... GOM ...... SSBMSY:SSB/R (40% MSP) ...... ⁄2 Btarget ...... F40% MSP. 1 Yellowtail flounder ...... GB ...... SSBMSY:SSB/R (40% MSP) ...... ⁄2 Btarget ...... F40% MSP. 1 Yellowtail flounder ...... SNE/MA ...... SSBMSY:SSB/R (40% MSP) ...... ⁄2 Btarget ...... F40% MSP. 1 Yellowtail flounder ...... CC/GOM ..... SSBMSY:SSB/R (40% MSP) ...... ⁄2 Btarget ...... F40% MSP. 1 American plaice ...... SSBMSY:SSB/R (40% MSP) ...... ⁄2 Btarget ...... F40% MSP. 1 Witch flounder ...... SSBMSY:SSB/R (40% MSP) ...... ⁄2 Btarget ...... F40% MSP. 1 Winter flounder ...... GB ...... SSBMSY:SSB/R (40% MSP) ...... ⁄2 Btarget ...... F40% MSP. 1 Winter flounder ...... GOM ...... SSBMSY:SSB/R (40% MSP) ...... ⁄2 Btarget ...... F40% MSP. 1 Winter flounder ...... SNE ...... SSBMSY:SSB/R (40% MSP) ...... ⁄2 Btarget ...... F40% MSP. 1 Redfish ...... SSBMSY:SSB/R (40% MSP) ...... ⁄2 Btarget ...... F50% MSP. 1 White hake ...... SSBMSY:SSB/R (40% MSP) ...... ⁄2 Btarget ...... F40% MSP. 1 Pollock ...... External ...... ⁄2 Btarget ...... Relative F at replacement. 1 Windowpane flounder ...... Northern ...... External ...... ⁄2 Btarget ...... Relative F at replacement. 1 Windowpane flounder ...... Southern ...... External ...... ⁄2 Btarget ...... Relative F at replacement. 1 Ocean pout ...... External ...... ⁄2 Btarget ...... Relative F at replacement. 1 Atlantic halibut ...... Internal ...... ⁄2 Btarget ...... F0.1. 1 Atlantic wolffish ...... SSBMSY: SSB/R(40% MSP) ...... ⁄2 Btarget ...... F40% MSP.

TABLE 2—NUMERICAL ESTIMATES FOR THE PROPOSED UPDATED STATUS DETERMINATION CRITERIA

Minimum biomass Maximum fishing MSY Species Stock Biomass target threshold mortality threshold (Btarget) in mt 1 in mt ( ⁄2 Btarget) in mt (FMSY or proxy)

Cod ...... GB ...... 148,084 ...... 74,042 ...... 0.25 ...... 31,159 Cod ...... GOM ...... 58,248 ...... 29,124 ...... 0.24 ...... 10,014 Haddock ...... GB ...... 153,329 ...... 76,664 ...... 0.35 ...... 33,604 Haddock ...... GOM ...... 5,900 ...... 2,950 ...... 0.43 ...... 1,360 Yellowtail flounder ...... GB ...... 43,200 ...... 21,600 ...... 0.25 ...... 9,400 Yellowtail flounder ...... SNE/MA ...... 27,400 ...... 13,700 ...... 0.25 ...... 6,100 Yellowtail flounder ...... CC/GOM ..... 7,790 ...... 3,895 ...... 0.24 ...... 1,720 American plaice ...... 21,940 ...... 10,970 ...... 0.19 ...... 4,011 Witch flounder ...... 11,447 ...... 5,724 ...... 0.20 ...... 2,352 Winter flounder ...... GB ...... 16,000 ...... 8,000 ...... 0.26 ...... 3,500 Winter flounder ...... GOM ...... 3,792 ...... 1,896 ...... 0.28 ...... 917 Winter flounder ...... SNE ...... 38,761 ...... 19,380 ...... 0.25 ...... 9,742 Redfish ...... 271,000 ...... 135,500 ...... 0.04 ...... 10,139 White hake ...... 56,254 ...... 28,127 ...... 0.13 ...... 5,800 Pollock * ...... 2.00 kg/tow ...... 1.00 kg/tow ...... 5.65 c/i ...... 11,320 Windowpane flounder * ...... Northern ...... 1.4 kg/tow ...... 0.7 kg/tow ...... 0.50 c/i ...... 700 Windowpane flounder * ...... Southern ...... 0.34 kg/tow ...... 0.17 kg/tow ...... 1.47 c/i ...... 500 Ocean pout * ...... 4.94 kg/tow ...... 2.47 kg/tow ...... 0.76 c/i ...... 3,754 Atlantic halibut ...... 49,000 ...... 24,500 ...... 0.07 ...... 3,500 Atlantic wolffish ...... 1747–2202 ...... 400–500 ...... <0.35 ...... 278–311

*Estimates of FMSY or proxy for these stocks use an index-based method to evaluate stock status and are based on a moving average, cal- culated as described in GARM III. Values presented in this table for these stocks represent catch (landings plus discards in 1,000’s mt) per sur- vey index of relative biomass (kg/tow) for that stock.

3. Rebuilding Programs rebuilding programs for these stocks Analysis by the Data Poor Working under Amendment 16, assuming the Group indicated that Atlantic wolffish is According to GARM III, two NE rebuilding programs will begin in FY overfished. However, because the life multispecies stocks have achieved their 2010. For witch flounder and GB winter history of this species is not well target biomass levels and are no longer flounder, the proposed rebuilding understood, there is considerable considered overfished; the GB haddock programs would rebuild these stocks by uncertainty in the evaluation of stock stock was rebuilt in 2006, while GOM 2017, with a 75-percent probability of status and stock projections. As a result, haddock was rebuilt in 2000. However, success. The rebuilding programs it is not possible to determine a GARM III, and the subsequent data proposed for pollock and northern rebuilding period or a rebuilding F for available for pollock, also indicated that windowpane flounder would rebuild this species at this time, although several other NE multispecies stocks are these stocks by 2017, but because status measures to reduce F for this stock are now overfished; these stocks are witch determination criteria for these stocks proposed under Amendment 16, as flounder, GB winter flounder, northern are based upon survey indices, a outlined below. windowpane flounder, and pollock. As probability of success cannot be Amendment 13 established a phased a result, the Council is proposing new calculated at this time. rebuilding strategy for SNE/MA winter

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flounder that would evaluate the projected and observed recruitment will continue to be monitored and, rebuilding progress in 2008 and adjust patterns and other factors will influence should additional information lead to a the rebuilding F in 2009 to achieve when this stock is rebuilt. Projections of determination that the stock is rebuilding by 2014. Based upon GARM stock status under a F of zero are similar overfished, a formal rebuilding program III data, projections indicate that this to those using a F of as close to zero as would be developed in a subsequent stock is unlikely to rebuild by 2014 in practicable, as proposed under this action. the absence of any fishing mortality, but action, indicating that there is little 4. ABC Control Rule and Mortality would likely rebuild between FYs 2015 difference between when this stock is Reductions Necessary To Achieve and 2016. Since this stock is caught as expected to rebuild under either Rebuilding Targets non-targeted catch in other large-mesh scenario (see Section 7.2.1.1.3.1 of the fisheries, small-mesh fisheries, and the Amendment 16 FEIS). Therefore, to Management measures proposed in scallop dredge fishery, the only way to impose a complete closure of this action are designed to reduce F to achieve zero F would be to eliminate all commercial and recreational fisheries in the target F for each stock, as specified fishing activity in the SNE/MA winter the SNE/MA winter flounder stock area in Table 3. Two factors contribute to flounder stock area, including fisheries and still not achieve the objectives of determining the target F under for scallops, summer flounder, and rebuilding this stock by 2014 is contrary Amendment 16: The ABC control rule other non-groundfish species. This to the objectives of the Magnuson- specified by the Council’s Scientific and would entail closing several important Stevens Act and would result in severe Statistical Committee (SSC), and the F fisheries from off Cape Cod, MA to the economic impacts without biological necessary to rebuild overfished stocks Maryland coast. Hundreds of millions of benefits. Further, section 304(e)(7) of the within the rebuilding period (Frebuild). dollars in yield would be sacrificed for Magnuson-Stevens Act recognizes that The ABC control rule proposed by the a relatively small change, if any, in the an FMP may not always make adequate SSC was adopted by the Council at its projected rebuilding period for this progress to achieving rebuilding June 2009 meeting and would replace stock. The Council considers this objectives and allows time for revisions the MSY control rule in Amendment 13. unnecessary and impracticable, since, to be made to make adequate progress The ABC control rule would specify that even without any fishing mortality, this toward rebuilding overfished stocks. the ABC for each stock should be stock could not be rebuilt within the This action is thus designed to eliminate determined as the catch at 75 percent of Amendment 13 timelines (i.e., by 2014) targeting of this stock and to reduce FMSY, and that, if the catch at 75 percent and is projected to be rebuilt between discards in other trawl fisheries in order of FMSY would not achieve the FYs 2015 and 2016. Instead, to reduce F to the extent practicable, mandated rebuilding requirements, ABC Amendment 16 proposes to prohibit without delaying the projected should be based upon Frebuild. For stocks possession and landings of SNE/MA rebuilding of this stock. As a result, the that cannot be rebuilt within existing winter flounder, which would result in rebuilding target listed in Table 3 for rebuilding periods, the ABC should be achieving a F as close to zero as this stock should be interpreted as ‘‘as based upon incidental bycatch, practicable. In addition, Amendment 16 close to zero as practicable,’’ rather than including a reduction in the existing would require all non-Sector vessels zero. bycatch rate. Finally, for stocks with fishing within two restricted gear areas Previous stock assessments for unknown status, ABC would be to use selective gear to minimize the Atlantic halibut were insufficient to determined on a case-by-case basis by catch of SNE/MA winter flounder and calculate a rebuilding F. As a result, the SSC. other stocks. Although the benefits of although the stock was classified as Because GARM III assessed the status these restricted gear areas are uncertain overfished, no target F was calculated. of the stocks through 2007, to calculate and have not been used to contribute to GARM III included an analytic Frebuild it is necessary to estimate the F the F reductions of the proposed action, assessment for this species that was able resulting from measures in place for any decrease in F associated with these to calculate a rebuilding F shown in 2008 and 2009. Catch data for FY 2008 requirements would only increase the Table 3 and an end date for rebuilding are available, along with estimates of F probability that rebuilding under the of 2055, based upon the biology of this resulting from measures implemented proposed measures would occur species. by the 2009 interim action. Projections between FYs 2015 and 2016. With the The GARM III review of GOM winter were run to determine rebuilding F implementation of management flounder indicated that it is highly targets using an estimate of 2008 F measures proposed under Amendment likely that the stock is overfished. based upon available catch data, as well 16, including the proposed measures However, due to the high degree of as the assumptions regarding expected F that affect the catch of SNE/MA winter uncertainty of the assessment, the resulting from interim measures in flounder, this stock will no longer be GARM III review panel suggested that 2009. Table 3 lists the percentage subject to overfishing. There is the assessment could not be used to change in F necessary to achieve the considerable scientific uncertainty provide management advice or stock target F (either Frebuild or the catch at 75 associated with the assessment for this projections. As a result, a formal percent of FMSY), as appropriate, from F stock, as recruitment observed between rebuilding program has not been estimated for FY 2008. Mortality 2004 and 2008 was less than half of that developed for this stock under reductions for several stocks are not assumed when the rebuilding plan and Amendment 16, although rebuilding for available because the assessments for associated management measures were this stock is expected to result from these stocks did not produce reliable developed under Amendment 13. This measures proposed under Amendment estimates of F that could be used in suggests that differences between 16 to rebuild other stocks. This stock projection models to estimate Frebuild.

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TABLE 3—SUMMARY OF REDUCTIONS IN F NECESSARY TO ACHIEVE THE TARGET F IN 2010 FOR EACH STOCK

Change in F nec- Targeted F 2008 F from essary to (either Frebuild Species Stock 2007 F Fmsy 2008 Catch achieve Frebuild or 75 of Data using catch and FMSY) F 2008

Cod ...... GB ...... 0.300 0.184 0.2466 0.410 ¥55 Cod ...... GOM ...... 0.456 0.18 0.237 0.300 ¥40 Haddock ...... GB ...... 0.230 0.26 0.350 0.079 229 Haddock ...... GOM ...... 0.350 0 .32 0.430 0.250 28 Yellowtail flounder ...... GB ...... 0.289 0.109 0.254 0.130 ¥16 Yellowtail flounder ...... SNE/MA ...... 0.413 0.072 0.254 0.120 ¥40 Yellowtail flounder ...... CC/GOM ...... 0.414 0 .18 0.239 0.289 ¥38 American plaice ...... GB/GOM ...... 0.090 0 .14 0.190 0.099 41 Witch flounder ...... 0.290 0.15 0.200 0.296 ¥49 Winter flounder ...... GB ...... 0.280 0 .20 0.260 0.131 49 Winter flounder ...... GOM ...... 0.417 N/A 0.283 0.317 N/A Winter flounder ...... SNE/MA ...... 0.649 0.000 0.248 0.265 ¥100 Redfish ...... 0.005 0 .03 0.038 0.008 275 White hake ...... GB/GOM ...... 0.150 0.084 0.125 0.065 29 Pollock ...... GB/GOM ...... 10.464 4.245 5.66 15.516 ¥73 Windowpane flounder ...... Northern ...... 1.960 N/A 0.50 N/A N/A Windowpane flounder ...... Southern ...... 1.850 N/A 1.47 N/A N/A Ocean Pout ...... 0.380 N/A 0.760 N/A N/A Atlantic halibut ...... 0.065 0.044 0.073 0.060 ¥27 Atlantic wolffish ...... N/A N/A N/A N/A N/A

5. ABC/ACL Specifications and recommendations for setting an ABC, recommendations or provide alternative Distribution Process ACL, and overfishing level (OFL) for ABC recommendations, describing The recent reauthorization of the each stock for each of the next 3 years elements of scientific uncertainty used Magnuson-Stevens Act required fishery following the implementation of the to develop its recommendations, and management councils to establish a biennial adjustment, or yearly for stocks offer any other recommendations mechanism for specifying ACLs for each managed by the U.S./Canada Resource regarding ACLs or other relevant issues. managed fishery such that overfishing Sharing Understanding (Understanding) The Council would then consider the does not occur in the fishery, and (currently, GB yellowtail flounder, recommendations of the SSC, PDT, and measures to ensure accountability. Eastern GB cod, and Eastern GB TMGC and adopt ABCs and ACLs for haddock) through a specifications NMFS revised the National Standard 1 each stock. As required by the package. These recommendations would Guidelines to assist Councils in Magnuson-Stevens Act, the Council be based upon the ABC control rule, as complying with the new requirements must adopt ACLs that are equal to or (January 16, 2009; 74 FR 3178), which described above; updated information regarding the status of each stock, lower than the ABC recommended by were used by the Council in developing the SSC, taking into account including Frebuild for overfished stocks; both the ABC/ACL process and the management uncertainty. The Council associated AMs in Amendment 16. recommendations of the Transboundary Management Guidance Committee would adopt the ABC/ACL ABC/ACL Specifications Process (TMGC) for appropriate catch levels for specifications and submit them to According to the Magnuson-Stevens stocks managed by the Understanding; NMFS by December 1, for approval and Act, ACLs developed by a Council for a and any other guidance provided by the implementation in a manner consistent particular fishery may not exceed the SSC. The ABCs developed through the with the Administrative Procedure Act. fishing level recommendations of the process would be distributed among the The numeric ABCs and ACLs Council’s SSC or other peer-review various segments of the fishery that developed pursuant to this process are process. The Magnuson-Stevens Act catch NE multispecies. These sub-ABCs not codified in this proposed rule and requires that ACLs must take effect in would then be reduced to account for will be specified in a separate future FY 2010 for fisheries subject to management uncertainty to derive how rulemaking. The Council is currently overfishing, and in FY 2011 for all other the overall ACL for each stock is developing an ABC/ACL specifications fisheries. Because several stocks divided into various sub-components of package to be implemented the fishery, as described further below. managed under the FMP are subject to concurrently with the provisions The PDT would develop an informal overfishing, Amendment 16 proposes a contained in this proposed rule for process to specify ABCs and ACLs for document that describes how these Amendment 16 management measures the NE multispecies fishery for recommendations were developed, at the start of FY 2010 on May 1, 2010. implementation in FY 2010. including estimates of scientific and Under Amendment 16, ABCs/ACLs management uncertainty considered by The measures proposed in Amendment would be developed as part of the the PDT, whether different levels of 16 are intended to achieve, but not biennial adjustment process established management uncertainty were applied exceed, the ABCs and ACLs established in the FMP (a complete description of to different components of the fishery, for FYs 2010–2012. The ABCs and ACLs the ABC/ACL specification process is in and whether total allowable catches for 2013 and beyond would be specified Section 4.2.1 of the Amendment 16 (TACs) have been exceeded during according to the process described FEIS). The Groundfish Plan previous fishing years. The SSC would above, unless otherwise modified Development Team would develop then approve the PDT’s ABC through a future Council action.

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ACL Distribution Federal waters, and any associated GB yellowtail flounder TAC during the As noted above, the PDT would recreational AMs would be triggered by following year. The Council is currently recommend distributing the ABC among the cumulative catch of such stocks by developing Amendment 15 to the the various segments of the fishery that all recreational vessels. Atlantic Sea Scallop FMP, which is catch NE multispecies regulated species The sub-components of the fishery expected to develop AMs for the catch and ocean pout, and reducing such sub- that are not subject to AMs include of yellowtail flounder in the scallop ABCs to account for management vessels fishing in exempted fisheries fishery. If such measures are uncertainty for each individual sub- that occur in Federal waters (e.g., the implemented, the yellowtail flounder component of the fishery that catch northern shrimp exempted fishery and bycatch in the scallop fishery would such stocks based upon the catch the Cultivator Shoal whiting fishery then become classified as a sub-ACL exemption) and vessels targeting available to U.S. fishermen, as further controlled by an appropriate AM. exempted species (e.g., the summer In 2006, Framework Adjustment 43 to described below and as described in flounder fishery in SNE)—fisheries that the FMP (August 15, 2006; 71 FR 46871) detail in Section 4.2.1.3 of the are not allowed to land NE multispecies specified that 0.2 percent of the GOM Amendment 16 FEIS. These sub- regulated species or ocean pout and that and GB haddock target TACs would be components of the fishery include have demonstrated very low NE allocated to the Atlantic herring fishery vessels operating in state waters that multispecies bycatch—as well as the to accommodate haddock bycatch. catch regulated species and ocean pout, Atlantic sea scallop fishery, which Amendment 16 would maintain this but do not hold Federal NE multispecies catches yellowtail flounder as bycatch. allocation, but update it to reflect that permits; other non-specified sub- If catch from such fisheries exceeds the 0.2 percent of the GOM and GB haddock components of the fishery that may amount allocated, AMs would be ACL would be allocated to the Atlantic catch regulated species and ocean pout developed and implemented in a herring fishery. This allocation would as bycatch when prosecuting other separate future management action to be considered a sub-ACL. The existing fisheries (i.e., exempted fisheries and prevent the overall ACL for each stock regulations already contain AMs in the fisheries for exempted species); vessels from being exceeded, pursuant to the form of elimination of the directed participating in the Atlantic sea scallop biennial review or framework herring fishery in particular areas, and fishery that catch yellowtail flounder adjustment process established in the haddock possession restrictions once stocks as bycatch; vessels participating existing regulations. this sub-ACL is projected to be caught. in the Atlantic herring fishery that catch The ACLs for all three stocks of Because the existing regulations haddock as bycatch; and catch of yellowtail flounder would be reduced to combine catches from both stocks of regulated species and ocean pout by the account for projected yellowtail haddock, this haddock sub-ACL commercial and recreational NE flounder bycatch in the Atlantic sea allocated to the herring fishery is not multispecies fisheries. Some sub- scallop fishery. The level of yellowtail currently monitored on a stock-specific components of the fishery would not be flounder bycatch in the scallop fishery basis. subject to any automatic AMs under would vary from year-to-year, based Finally, the ACL for each NE Amendment 16 and would, thus, be upon scallop and NE multispecies multispecies regulated species and allocated sub-components of the ACL. abundance, the rotational management ocean pout stock would be allocated to The sub-components of the fishery that program specified for the scallop the NE multispecies commercial and are subject to AMs would be allocated fishery, and other factors. At a recreational fisheries. With the sub-ACLs for each stock of regulated minimum, the yellowtail flounder sub- exception of GOM cod and GOM species and ocean pout that they catch. component of the ACL allocated to the haddock, as noted below, the ACL for These distributions, and the stocks that scallop fishery would be consistent with each NE multispecies regulated species are allocated to the recreational fishery, the incidental catch amounts specified and ocean pout stock would be could be revised through the framework for closed area access programs allocated to the commercial NE adjustment process established in the specified in the current regulations (e.g., multispecies fishery. This would be existing regulations. at least 10 percent of the GB yellowtail further divided between vessels Catch by vessels operating in state flounder ACL would be specified to participating in approved Sectors and waters that do not hold Federal NE account for closed area access programs those fishing under the provisions for multispecies permits is outside of the on GB, when open under the rotational the common pool (i.e., those vessels not jurisdiction of the FMP, but is included management program). Similar to the participating in an approved Sector), as in the overall ABC for NE multispecies other non-specified sub-components of described further in Item 14 of this regulated species and ocean pout stocks. the ACL described above, with the preamble. An allocation for a particular As a result, such catch must be exception of GB yellowtail flounder, stock would not be made to the accounted for, but would not be yellowtail flounder bycatch in the recreational fishery if it is determined monitored outside of the biennial scallop fishery would initially be treated that, based upon available information, adjustment process for assessment as a sub-component of the ACL, rather the ACLs for NE multispecies regulated purposes. The estimates of such catch than a sub-ACL, and, therefore, would species and ocean pout stocks are not would be adjusted pursuant to the not be subject to any specific AMs being fully harvested by the NE biennial adjustment process specified under Amendment 16. The existing multispecies fishery, or if the above. For GOM cod and GOM haddock, regulations regarding the Understanding recreational harvest, after accounting for this state-waters catch would be require that any overages of the TACs state-waters catch as described above, is deducted from the sub-ACL available to managed by the Understanding would less than 5 percent of the overall catch the commercial fishery (i.e., vessels be deducted from the available U.S. for a particular stock. If a stock is issued a limited access NE multispecies portion of the appropriate TAC during allocated to the recreational fishery, the permit or open access NE multispecies the following year. Therefore, any distribution of the available ACLs for Handgear B permit). The sub-ACL overages of the U.S. portion of the GB these stocks between the commercial available to recreational vessels would yellowtail flounder TAC, including and recreational fisheries would be include catch of GOM cod and GOM those by the scallop fishery, would be determined based upon the average haddock in both state waters and deducted from the U.S. portion of the proportional catch of each component

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for each stock during FYs 2001 through amount of that stock’s ACL allocated to overall ACL is projected to exceed the 2006. Based upon these criteria, only an individual Sector, the amount of the common pool’s allocation for a two NE multispecies stocks would be overage would be deducted from that particular stock, the differential DAS allocated to the recreational fishery at Sector’s allocation for that stock during counting AM would be triggered for the this time: GOM cod and GOM haddock. the following FY. If a Sector disbands following FY. This projection would be following an overage, or does not have 6. AMs updated after the end of the FY to help sufficient allocation to cover the determine if the catch by other sub- As described in Item 5 of this overage, an appropriate DAS or Sector components of the fishery are accurately preamble, Councils must establish share penalty or fishing prohibition estimated for the purposes of measures that prevent overfishing and would apply to each individual determining whether the differential ensure accountability in each fishery. participating vessel during the DAS counting AM is triggered. The AMs are management controls that are subsequent FY, as further described in areas in which differential DAS intended to prevent ACLs from being Item 14 of this preamble. If a Sector counting would apply are defined exceeded, or to correct/mitigate exceeds its allocations multiple times or further in this proposed rule. Of overages if they occur. Amendment 16 by a large amount, the Sector operations particular note is the differential DAS would implement AMs for both the plan or monitoring program may be counting area applicable to Atlantic commercial and recreational fisheries, insufficient to control fishing effort and wolffish. The Council added Atlantic as described below, including separate could justify disapproval of the Sector wolffish to the FMP, but neither AMs for Sector vessels, vessels fishing in future years. These measures are specifically exempted Atlantic wolffish in the common pool, and private intended to ensure that Sectors avoid from the differential DAS counting AM, recreational and charter/party vessels. exceeding their allocations. If Sector nor specified the differential DAS Under Amendment 16, if the overall allocations are exceeded, appropriate counting areas applicable to this species ACL for a stock is exceeded, the AMs measures would be taken to either when it adopted Amendment 16. An applicable to the NE multispecies balance the overage or address it assessment of recent catches by Council fishery, including those specified for through penalties in the following FY. staff during the development of the Sector, common pool, and recreational Common Pool AMs Amendment 16 FEIS indicated that this and charter/party vessels, would be species is primarily landed from inshore triggered, as specified below. Common pool vessels would be waters of both the GOM and GB. subject to two types of AMs: A Sector AMs Therefore, this proposed rule would differential DAS counting AM during impose differential DAS counting in the Since Sectors were first implemented FYs 2010 and 2011, and a hard-TAC AM Inshore GOM and Inshore GB in 2004 under Amendment 13, Sectors overlaid upon the DAS effort controls in Differential DAS Counting Areas if the have provided an alternative to DAS FY 2012 and beyond. This transition Atlantic wolffish ACL is projected to be and trip limits for managing the catch of from a DAS AM to a hard-TAC AM caught. particular stocks. Similarly, reflects the Council’s intent to transition Amendment 16 would specify from an effort control fishery to one The Amendment 16 DEIS indicates alternative AMs for common pool managed through hard TACs. This that the exact areas associated with this vessels and those participating in transition also would enable monitoring AM may be modified in the FEIS ‘‘to be Sectors. Amendment 16 would prohibit systems and service providers to consistent with the overall effort control Sector vessels from fishing in a prepare for the increase in infrastructure program so that a complex mosaic of particular stock area unless that Sector and personnel necessary to DAS counting areas is avoided as much is allocated or acquires quota for all NE accommodate the influx of higher as possible.’’ The differential DAS multispecies regulated species or ocean volumes of catch data and the need to counting areas initially proposed in the pout stocks allocated to Sectors and monitor greater numbers of offloads, as DEIS have, therefore, been revised based caught in that stock area. In addition, further described below. upon consultation with the Groundfish Amendment 16 would require that Under the proposed differential DAS PDT and the Chairman of the Sector vessels cease fishing in a counting AM, if the NMFS Regional Groundfish Oversight Committee. particular stock area if the Sector Administrator projects that the sub-ACL Consistent with the intent of exceeds its allocation of any NE available to common pool vessels for Amendment 16, these areas have been multispecies regulated species or ocean each NE multispecies regulated species modified to better reflect the broad stock pout stocks caught in a particular stock or ocean pout stock would be exceeded reporting areas described in further area. While Sectors could balance such or underharvested by the end of the FY, detail in Item 8 of this preamble, and overages through acquiring allocation based upon catch data available through the existing boundaries of the U.S./ from another Sector, any overages at the January of that year, a differential DAS Canada Management Area. Specifically, end of the FY would be deducted from counting factor would be applied to an Inshore GB Differential DAS that Sector’s allocation during the each Category A DAS used in the stock Counting Area was created to reflect the subsequent FY. As described below for area for which the sub-ACL was Inshore GB Broad Stock Area (i.e., the AMs effective if the overall ACL for exceeded or underharvested, during the statistical area 521) and the numerous a particular stock is exceeded, the catch following FY. The catch used in this stocks that are found within this area; used to determine an individual Sector’s projection would include catch by the Inshore GOM Differential DAS overage would include catch by each common pool vessels as well as a Counting Area boundaries were moved Sector’s vessels, as well as catch by projection of the catch by other sub- north to intersect with the coastline of other sub-components of the fishery. If components of the fishery. If either the Maine, and west to create the Inshore either the catch of a particular stock by catch of a particular stock by common GB Differential DAS Counting Area; the a Sector’s vessels alone, or the catch of pool vessels alone, or the catch of a Offshore GOM Differential DAS a particular stock by a Sector’s vessels particular stock by common pool vessels Counting Area boundary was moved added to a Sector’s portion of the overall plus the common pool’s portion of any north to completely cover the coastline ACL overage caught by other sub- catch from other sub-components of the of Maine, and the southern boundary components of the fishery exceeds the fishery that cumulatively exceed the was moved north to create the Inshore

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GB Differential DAS Counting Area; the following FY (i.e., Category A DAS stock area during FY 2011. For example, Offshore GB Differential DAS Counting would be charged at a rate of 28.8 hr for if a projection by the Regional Area boundary was moved north and every 24 hr fished, or 1.2 times 24-hr Administrator concluded that 1.2 times west to better match the boundaries of DAS counting). If it is projected that the GOM cod ACL was caught during the U.S./Canada Management Area; and common pool vessels will underharvest FY 2010, a differential DAS factor of 1.2 the SNE differential DAS counting area all stocks within a particular stock area would be applied to any Category A boundary was moved west to have the by at least 10 percent and that the DAS used in the Inshore GOM Stock area entirely outside of the U.S./Canada overall ACL for a particular stock is not Area during FY 2011 (i.e., Category A Management Area. NMFS is particularly exceeded by all sub-components of the DAS would be charged at a rate of 28.8 interested in soliciting public comments fishery, the Regional Administrator hr for every 24 hr fished, or 1.2 times on the creation of an Inshore GB would reduce the rate at which DAS are 24-hr DAS counting). However, if even Differential DAS Area. As originally counted to allow the fishery to achieve this higher DAS counting rate were proposed in the Amendment 16 DEIS, the ACLs for all stocks within that area. insufficient to prevent the GOM cod the waters east of Cape Cod, including For example, if the common pool ACL from being exceeded again in FY the shipping lanes known as ‘‘the catches 0.65 times the CC/GOM 2011 and 1.5 times the GOM cod ACL Channel,’’ were divided between the yellowtail flounder sub-ACL and 0.80 was caught during FY 2011, a Inshore and Offshore GOM Differential times the sub-ACL for all other stocks differential DAS factor of 1.5 would be DAS Counting Areas. Because this area within the Inshore GOM Differential applied to the DAS charging rate during overlaps with the GOM, GB, and SNE DAS Counting Area, the Regional FY 2011 (i.e., Category A DAS would be stock areas for certain species, and Administrator would apply a charged at a rate of 43.2 hr for every 24 includes both deep and shallow water, differential DAS factor of 0.80 to all hr fished (1.2 × 1.5 × 24-hr DAS none of the originally proposed Category A DAS used only in the charge)). This would more accurately differential DAS counting areas would Inshore GOM Differential DAS Counting reflect the likely reduction in effort be completely adequate to cover the full Area during the following FY (i.e., needed to prevent the ACL from being ranges of some species. Thus, this Category A DAS would be charged at a exceeded, and increase the likelihood proposed rule would treat this area rate of 19.2 hr for every 24 hr fished, or that catch during FY 2012 would not separately. Accordingly, if a stock is 0.80 times 24-hr DAS counting). If the exceed the ACL in that stock area and caught inside/outside of the Inshore GB Regional Administrator determines that result in the trimester TAC area closures Differential DAS Counting Area, similar DAS adjustments are necessary being triggered. multiple areas would be subject to in all stock areas (either to reduce or to This differential DAS counting AM differential DAS counting. For example, increase effort), the Regional would not be triggered if the Regional CC/GOM yellowtail flounder is caught Administrator would adjust the ratio of Administrator conducts an analysis of in both the Inshore GOM and the Category A: Category B DAS to reduce/ the mixed-stock exception in 50 CFR Inshore GB Differential DAS Counting increase the number of Category A DAS 600.310(m) and determines that the Areas. If catch by common pool vessels available, based upon the amount of the mixed-stock exception is applicable. exceeds the CC/GOM yellowtail overage or underage, rather than Pursuant to a court order in the case of flounder sub-ACL for this fishery, both applying a differential DAS counting Commonwealth of Massachusetts and areas would be subject to differential factor to all Category A DAS used in all State of New Hampshire v. Carlos M. DAS counting during the following FY. stock areas. Gutierrez (Case No. 06–cv–12110 (EFH) The differential DAS counting factor Any differential DAS counting factor in the U.S. District Court, District of that would apply would be based upon implemented in FY 2012 for any ACL Massachusetts), NMFS conducted an the projected proportion of the sub-ACL overages in a particular stock area analysis of the mixed-stock exception, that is expected to be caught by during FY 2011 would be applied under old and new guidelines on this common pool vessels plus the common against the DAS counting rate subject, to determine if either provision pool’s portion of any overage of the implemented in that stock area for FY was applicable to the development of overall ACL for any stock caused by 2011. While unlikely, it is possible that, Framework Adjustment 42 to the FMP. excessive catch by other sub- even if the differential DAS counting Based upon this analysis, NMFS components of the fishery, if AM is triggered in a particular stock concluded that the mixed-stock appropriate, rounded to the nearest even area due to excessive catch of one or exception, under the old and new tenth, as listed in Table 4. If it is more ACLs in that stock area in FY guidelines, was not a viable alternative projected that catch in a particular FY 2010, the catch of stocks within that for the Council or NMFS to consider or will exceed or underharvest the sub- stock area could exceed ACLs during FY implement for overfished stocks ACLs for several NE multispecies 2011, as well. If this were to happen, it addressed by Framework Adjustment 42 regulated species or ocean pout stocks would suggest that the differential DAS or for any future conservation or within a particular stock area, the counting rate that was implemented as management measures related to Regional Administrator would apply the a result of excessive catch in FY 2010 overfished stocks. This analysis most restrictive differential DAS was insufficient to prevent the ACLs concluded that: (1) This provision counting factor within that particular specified for FY 2011 from being creates an exception from the stock area. For example, if it were exceeded. Therefore, while Amendment requirement to end overfishing, but does projected that common pool vessels will 16 does not specifically address this not eliminate the need to rebuild be responsible for catch that is 1.2 times possibility, it stands to reason that any overfished stocks within rebuilding the GOM cod sub-ACL and 1.1 times the differential DAS counting factor applied timeframes established consistent with CC/GOM yellowtail flounder sub-ACL, to DAS fished in a particular stock area the Magnuson-Stevens Act; (2) cannot the Regional Administrator would apply during FY 2012 to account for the be applied to overfished stocks pursuant a differential DAS counting factor of 1.2 excessive catch in FY 2011 should be to the National Standard 1 Guidelines; to any Category A DAS fished by applied to the DAS rate charged during and (3) cannot be used to jeopardize the common pool vessels only within the FY 2011, even if a differential DAS rebuilding programs of overfished Inshore GOM Stock Area during the counting rate was implemented in that stocks. Currently, at least 12 NE

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multispecies regulated species or ocean adjusted through the biennial eliminated by the restrictive trip limits pout stocks are overfished and 12 are adjustment process to reflect the landing proposed by this action (i.e., a subject to overfishing, with overfished patterns of the most recent 5-yr period prohibition on the retention of these stocks found in each of the differential available at the time of each adjustment. stocks, or, in the case of halibut, a one- DAS counting areas proposed under this If a trimester TAC is exceeded/ fish-per-trip restriction), the catch of AM. Because this AM is intended to underharvested, the overage/underage these stocks would be monitored for the prevent overfishing, applying the would be applied to the following purposes of deducting overages, but mixed-stock exception to avoid trimester, with the exception that any would not trigger an area closure. implementing differential DAS counting underage could not be applied to the Although Amendment 16 would not in any stock area due to an overage of following FY’s trimester TACs. With the close particular areas when these the sub-ACL allocated to the common exception of windowpane flounder, trimester TACs for these stocks are pool would likely lead to overfishing of ocean pout, and Atlantic halibut, if the harvested, it does include a trip limit already overfished stocks. Accordingly, Regional Administrator projects that 90 adjustment for these stocks. Once 60 NMFS has determined that the mixed- percent of the trimester TAC for a NE percent of the trimester TAC for any of stock exception is neither applicable, multispecies regulated species or ocean these stocks is projected to be caught, nor justified under the proposed pout stock will be caught, the Regional the Regional Administrator would have measures for this AM. Administrator would close the area the authority to specify a trip limit to where the stock is predominantly prevent the trimester TAC or sub-ACL TABLE 4—DIFFERENTIAL DAS FACTOR caught to all NE multispecies common allocated to the common pool vessels APPLIED AS AN ACCOUNTABILITY pool vessels using gear capable of from being exceeded. Because retention MEASURE DURING FYS 2010/2011 catching that species, as listed in Table of these stocks is either prohibited or 6, for the remainder of that trimester. restricted to one fish per trip, such Differential DAS The areas proposed to be closed to Proportion of ACL caught adjustments would not affect catch of factor particular gears are further described in these stocks until possession is once this proposed rule, and are based upon again allowed when the stocks rebuild. 0.5 ...... 0.5 the area that accounted for 90 percent of 0.6 ...... 0.6 Although the Council proposes to add the catch of each stock according to 0.7 ...... 0.7 Atlantic wolffish to the FMP under available vessel trip report (VTR) data 0.8 ...... 0.8 Amendment 16, and would prohibit the for calendar years 2006 through 2008. 0.9 ...... No change. possession of this species, the Council 1.0 ...... No change. These areas differ slightly from those 1.1 ...... 1.1 originally described in the Amendment did not specifically exempt this species 1.2 ...... 1.2 16 DEIS, as discussed further in Section from the trimester TAC AM. 1.3 ...... 1.3 4.3.7.1.2 of the Amendment 16 FEIS. Accordingly, this action proposes to 1.4 ...... 1.4 The Regional Administrator would be include an Atlantic wolffish trimester 1.5 ...... 1.5 TAC distribution and area closure for 1.6 ...... 1.6 allowed to expand or narrow the closure areas based upon additional catch trawl and gillnet gear based upon 1.7 ...... 1.7 available catch data, as summarized in 1.8 ...... 1.8 information, to reflect where each stock 1.9 ...... 1.9 is actually caught. If the entire common Tables 5 and 6. Because Amendment 16 2.0 ...... 2.0 pool sub-ACL for a particular stock is did not specifically address how to exceeded (i.e., the common pool catch handle Atlantic wolffish, NMFS is Starting in FY 2012, common pool of that stock at the end of the FY specifically seeking public comment on vessels would be subject to a hard-TAC exceeds all three trimester TACs for that the proposed Atlantic wolffish trimester AM. Under this AM, the sub-ACL stock combined, including the common TAC and closure area. Finally, the white available to common pool vessels for pool’s share of any overage of the hake trip limit would be reduced to 500 each NE multispecies regulated species overall ACL for a particular stock lb (227 kg) per DAS, up to 2,000 lb or ocean pout stock would be caused by excessive catch of that stock (907.2 kg) per trip. This is based upon apportioned into trimesters of 4 months by vessels fishing in state waters outside a concern that the ACL for white hake duration, beginning at the start of the FY of the FMP, exempted fisheries, or the would be small, even when the stock is (i.e., Trimester 1: May 1—August 31; scallop fishery), an amount equal to the rebuilt. Therefore, by reducing the white Trimester 2: September 1—December overage would be deducted from the hake trip limit, the likelihood that the 31; Trimester 3: January 1—April 30), as sub-ACL for that stock that is allocated trimester TAC would be exceeded listed in Table 5. The distribution of to common pool vessels during the would be reduced, thereby minimizing these sub-ACLs into trimesters was following year. Because a targeted the chance that a stock area would be based upon a preferred distribution of fishery for windowpane flounder, ocean closed due to excessive landings of recent landing patterns, but would be pout, and Atlantic halibut would be white hake.

TABLE 5—PORTION OF COMMON POOL ACLS APPORTIONED TO EACH TRIMESTER UNDER THE COMMON POOL TRIMESTER TAC AM

Trimester 1 Trimester 2 Trimester 3 Stock (percent) (percent) (percent)

GOM Cod ...... 27 36 37 GB Cod ...... 25 37 38 GOM Haddock ...... 27 26 47 GB Haddock ...... 27 33 40 CC/GOM Yellowtail flounder ...... 35 35 30 GB Yellowtail flounder ...... 19 30 52 SNE/MA Yellowtail flounder ...... 21 37 42 GOM Winter flounder ...... 37 38 25

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TABLE 5—PORTION OF COMMON POOL ACLS APPORTIONED TO EACH TRIMESTER UNDER THE COMMON POOL TRIMESTER TAC AM—Continued

Trimester 1 Trimester 2 Trimester 3 Stock (percent) (percent) (percent)

GB Winter flounder ...... 8 24 69 SNE/MA Winter flounder ...... 36 50 14 Witch flounder ...... 27 31 42 American plaice ...... 24 36 40 Pollock ...... 28 35 37 Redfish ...... 25 31 44 White hake ...... 38 31 31 Northern Windowpane flounder ...... 33 33 34 Southern Windowpane flounder ...... 33 33 34 Ocean pout ...... 33 33 34 Atlantic halibut ...... 33 33 34 Atlantic wolffish ...... 75 13 12

TABLE 6—GEAR/AREA PROHIBITIONS UNDER THE COMMON POOL TRIMESTER TAC AM

Area/gear prohibited when TAC is caught Species Stock Statistical areas Gear

Cod ...... GB ...... 521,522,525,526,561 ...... Trawl, gillnet, longline/hook. GOM ...... 513,514,515 ...... Trawl, gillnet, longline/hook. Haddock ...... GB ...... 521,522,561 ...... Trawl, gillnet, longline/hook. GOM ...... 512,513,514,515 ...... Trawl, gillnet, longline/hook. Yellowtail flounder ...... GB ...... 522,525,561,562 ...... Trawl, gillnet. SNE/MA ...... 537,539,612,613 ...... Trawl, gillnet. CC/GOM ...... 514,521 ...... Trawl, gillnet. American plaice ...... 512,513,514,515,521,522 ...... Trawl. Witch flounder ...... 512,513,514,515,521,522 ...... Trawl. Winter flounder ...... GB ...... 522,562 ...... Trawl. GOM ...... 514 ...... Trawl, gillnet. SNE/MA ...... 521,526,537,539,612,613 ...... Trawl. Redfish ...... 513,514,515,521,522,561 ...... Trawl. White hake ...... 511,512,513,514,515,521,522, ...... Trawl, gillnet, longline/hook. 525,561,613,616 ...... Pollock ...... 513,514,515,521,522,561 ...... Gillnet, trawl, longline/hook. Atlantic wolffish ...... 513,514, 521,522 ...... Trawl, gillnet.

To facilitate monitoring trimester Recreational AMs In addition, the Council determined that TACs under the common pool trimester For the recreational fishery, once there is a need to coordinate TAC AM, 20 percent of trips by recreational catch information is recreational measures with state common pool vessels would have their available for the previous FY (expected management agencies represented on offloads monitored by an independent by July), the Regional Administrator the Council in determining recreational third-party service provider approved/ would evaluate whether recreational AMs, as a large portion of recreational certified by NMFS to provide such catch exceeded the recreational fishing activity occurs in state waters. services. These service providers would allocation for GOM cod or GOM Therefore, under Amendment 16, if it is be required to randomly deploy haddock. For FY 2010, recreational determined that the recreational fishery dockside monitors to monitor the catch would be compared to the has exceeded its allocation for GOM cod offload of catch directly to a dealer, and recreational ACL for each stock for FY or haddock, NMFS would develop and roving monitors to monitor the offload 2010. For FY 2011, the average implement the appropriate measures necessary to prevent the recreational of catch onto a truck for subsequent recreational catch for FYs 2010 and fishery from exceeding the applicable shipment to a dealer. To ensure 2011 would be compared to the average recreational ACL for each stock during sub-ACL in future years, in consultation coverage is randomly deployed, with the Council. Appropriate AMs for common pool vessels may only use one FYs 2010 and 2011. Beginning with FY 2012, the 3-year average recreational the recreational fishery could include dockside monitoring service provider adjustments to fishing season, minimum per fishing year. The costs associated catch would be compared to the most recent 3-year average of the recreational fish size, or possession limits. with monitoring vessel offloads would ACL for each stock. be the responsibility of individual AMs if an Overall ACL for a Particular Because there is a high degree of Stock Is Exceeded vessels. Vessels would be required to uncertainty associated with the number submit trip-start and trip-end hail of recreational anglers and the amount As described above, several reports to facilitate the deployment of of recreational catch between fishing components of the fishery are allocated such dockside/roving monitors, as years, the Council determined that it sub-ACLs for stocks managed by the further described in Item 14 of this would be difficult to design an FMP and are, therefore, subject to AMs. preamble. appropriate recreational AM in advance. However, Amendment 16 also proposes

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that AMs for the NE multispecies overage for a particular stock would allocated 21 percent of the CC/GOM fishery must be sufficient to prevent then be added to the catch of that stock yellowtail flounder sub-ACL available to overfishing on each stock as a whole. by each component of the NE NE multispecies vessels (200 mt ÷ 950 This means that, if catch by components multispecies fishery to determine if the mt), while Sector 1 is allocated 47 of the fishery that are not subject to AMs resulting sum for each component of the percent (450 mt ÷ 950 mt), and Sector at this time (i.e., vessels fishing in state fishery exceeds that individual 2 is allocated 32 percent of the CC/GOM waters outside of the FMP, exempted component’s share of that stock’s ACL yellowtail flounder sub-ACL available to fisheries, and the scallop fishery) exceed available to the NE multispecies fishery. NE multispecies vessels (300 mt ÷ 950 their allocations and the overall ACL for If it does, that component would mt). Therefore, to determine whether a particular stock is exceeded, the AMs automatically be subject to the the common pool and sector AMs applicable to the NE multispecies applicable AM. The following is an would be triggered, 42 mt of the overage fishery described above, including those example to illustrate this calculation. (21 percent times 200 mt overage) specified for Sector, common pool, and For FY 2010, suppose there is an overall would be added to the actual common recreational and charter/party vessels, ACL of 1,000 mt of CC/GOM yellowtail pool catch (150 mt), 94 mt of the could be triggered to ensure that flounder allocated across all fisheries. overage (47 percent times the 200 mt overfishing does not occur on the stock Five percent of the 1,000 mt (50 mt) is overage) would be added to the actual as a whole. Because catch data for allocated to vessels fishing in state catch by Sector 1 vessels (450 mt), and components of the fishery that are not waters outside the FMP, exempted 64 mt of the overage (32 percent times subject to AMs are not always available fisheries, and the Atlantic sea scallop the 200 mt overage) would be added to either within the FY, or at the end of the fishery, while the remaining 95 percent the actual catch by Sector 2 vessels of FY, NMFS would implement or adjust (950 mt) is allocated to the NE (300 mt). In this example, because any AMs applicable to the NE multispecies fishery. The 950 mt vessels in both Sector 1 and Sector 2 multispecies fishery during the next FY, allocated to the NE multispecies fishery caught their full allocation of CC/GOM or as soon as practicable thereafter, once is further divided between common yellowtail flounder, when the overage of catch data for all such fisheries are pool vessels (allocated 200 mt), Sector 1 the overall ACL was proportionally available. If excessive catch by vessels (allocated 450 mt), and Sector 2 distributed among the components of fishing in state waters outside the FMP, (allocated 300 mt). In FY 2010, vessels the NE multispecies fishery, the total exempted fisheries, or the scallop fishing in state waters outside the FMP, catch of CC/GOM yellowtail flounder by fishery exceeds these fisheries’ exempted fisheries, and the scallop Sector 1 vessels exceeded its CC/GOM individual allocations for a particular fishery cumulatively catch 300 mt of yellowtail flounder allocation by 94 mt stock, but the overall ACL for a CC/GOM yellowtail flounder, exceeding (i.e., 450 mt catch by Sector 1 vessels + particular stock is not exceeded, then no their allocation by 250 mt (i.e., 300 mt 94 mt share of the overage = 544 mt, or AMs would be triggered in the NE caught ¥50 mt allocated). However, a 94 mt overage of its allocation), while multispecies fishery due to catch by components of the NE multispecies the total catch of CC/GOM yellowtail such fisheries. However, if an fishery each caught less than or equal to flounder by Sector 2 vessels exceeded individual component of the NE their allocations for this stock, with its CC/GOM yellowtail flounder multispecies fishery exceeds its common pool vessels catching 150 mt, allocation by 64 mt (i.e., 300 mt catch allocation of a particular stock, then the Sector 1 vessels catching 450 mt, and by Sector 2 vessels + 64 mt share of the applicable AM for that component of Sector 2 vessels catching 300 mt. overage = 364 mt, or a 64 mt overage of the fishery would be triggered, even if Cumulatively, the overall ACL for CC/ its allocation). Accordingly, the AMs for the overall ACL for that stock is not GOM yellowtail flounder was exceeded both sectors would be triggered, exceeded. by 200 mt based upon the catch of all resulting in Sector 1’s CC/GOM If an overage of the overall ACL for a fisheries (see Table 7 below). To yellowtail flounder allocation being particular stock occurs, and there is an determine how to distribute the overage reduced by 94 mt, and Sector 2’s CC/ overage of the sub-component of the of the overall ACL among the GOM yellowtail flounder allocation ACL allocated to vessels fishing in state components of the NE multispecies being reduced by 64 mt during FY 2011. waters outside the FMP, exempted fishery, it is necessary to first determine However, when the common pool’s fisheries, or the scallop fishery, the each component’s share of that stock’s share of the overage of the overall ACL amount of the overage of the overall ACL that is available to the NE (42 mt) was added to the common pool’s ACL would be divided among the entire multispecies fishery by dividing each catch of CC/GOM yellowtail flounder NE multispecies fishery, including component’s allocation for that stock (150 mt), the total catch did not exceed common pool vessels, approved Sectors, (i.e., 200 mt to common pool vessels, the CC/GOM yellowtail flounder and private recreational and charter/ 450 mt to Sector 1 vessels, and 300 mt allocation to the common pool (42 mt + party vessels, based upon each to Sector 2 vessels) by the total amount 150 mt < 200 mt). Therefore, the component’s share of that stock’s ACL allocated to the NE multispecies fishery common pool would not be subject to available to the NE multispecies fishery. (200 mt + 450 mt + 300 mt = 950 mt). the differential DAS counting AM in FY Each component’s share of the ACL In this example, the common pool is 2011 (see Table 7 below).

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TABLE 7—EXAMPLE OF HOW AMS WOULD APPLY IF THE OVERALL ACL FOR A STOCK IS EXCEEDED BY OTHER SUB- COMPONENTS OF THE FISHERY

Total catch Distribution of plus ex- Amount of Amount Share of Catch in exempted fish- empted fish- sub-ACL ex- Component of the fishery Share of of sub- mults FY 2010 Overage eries and scal- eries and ceeded after ACL (%) ACL (mt) ACL (%) (mt) (mt) lop overage scallop addition of (mt) overage overage (mt) (mt)

Sector 1...... 45 450 47 450 0 94 544 95 Sector 2...... 30 300 32 300 0 64 364 63 Common Pool...... 20 200 21 150 ¥50 42 192 ¥8 State Waters Fisheries, Exempted Fisheries, and the Scallop Fish- ery ...... 5 50 NA 300 250 NA NA NA

Total ...... 100 1,000 100 1,200 200 200 1,100 150

7. Issuance of Limited Access kept and discarded, as well as other trip would need to be submitted by Multispecies and Atlantic Sea Scallop pertinent information for each fishing midnight Tuesday of the third week, but Permits trip. VTRs are used to apportion catch a negative report (i.e., a ‘‘did not fish’’ to stock areas for catch monitoring and report) would not be required for either Currently, a vessel cannot be issued a stock assessment purposes. Current VTR week. These measures would make the limited access NE multispecies permit submission requirements result in VTR submission requirements and a limited access Atlantic sea scallop delays in receiving and processing consistent with dealer report permit at the same time, unless the VTRs, making them unusable for the submission requirements and would scallop dredge vessel qualified for a timely monitoring of either Sector catch increase the accuracy and timeliness of limited access NE multispecies or ACLs at the stock level, both of which catch data available for monitoring and combination permit. In addition, vessels rely upon catch, area, and gear assessment purposes under this action. issued a limited access Atlantic sea information contained in VTRs. scallop trawl permit and a limited Area Declarations Neither Amendment 16, nor any other access NE multispecies permit can not previous Council action in the FMP, Amendment 16 proposes to establish use scallop dredge gear unless it specified the VTR submission four broad stock areas that encompass voluntarily relinquishes its limited requirements, but rather deferred multiple statistical areas for the access NE multispecies permit. specification of such requirements to purposes of providing more accurate Amendment 16 proposes to remove NMFS. Because of the need for more and timely data to apportion catch to these restrictions and allow a vessel to real-time data to implement ABCs, individual stock areas, including be issued both a limited access NE ACLs, and Sector provisions under providing area information for stock multispecies permit and a limited Amendment 16, NMFS is proposing to apportionment if VTR data are missing access Atlantic sea scallop permit at the increase the reporting frequency for or delayed. Operators of all vessels same time. In addition, this change VTRs for all vessels issued a NE issued a limited access NE multispecies would allow the owner of a vessel multispecies permit. The VTR permit that are fishing for NE currently issued a limited access submission requirements would change multispecies under a NE multispecies Atlantic sea scallop trawl permit to from requiring submission of VTRs DAS, under the provisions of a small convert to a dredge gear permit without within 15 days after the end of the vessel category (Category C) or Handgear relinquishing his/her limited access NE reporting month to requiring that VTRs, A permit, or on a Sector trip would be multispecies permit. This provision is including ‘‘did not fish reports,’’ be required to declare their intent to fish in intended to increase the flexibility of submitted by midnight of the first one or more of these broad stock areas vessel operations by eliminating Tuesday following the end of the via their vessel monitoring system restrictions that limit participation in reporting week (i.e., 0001 hr local time (VMS) prior to each trip on which NE both the Atlantic sea scallop fishery and Sunday through 2400 hr local time the multispecies may be landed. In the NE multispecies fishery by the same following Saturday). The date when fish addition, all vessels would be required vessel and, thereby, increase the are offloaded would dictate the to submit the VTR serial number potential return on investments in both reporting week for which the VTR must associated with the first page of the VTR fisheries. be submitted to NMFS, and any fishing for that trip, as instructed by the 8. Recordkeeping and Reporting activity during a particular reporting Regional Administrator. The VTR serial Requirements week (i.e., starting a trip, landing, or number would be used to link VTRs offloading catch) would constitute with dealer reports and VMS data to VTRs fishing during that reporting week, and increase the accuracy of data used for Under the current regulations, all would eliminate the need to submit a monitoring catch. operators of vessels issued a Federal negative fishing report to NMFS for that Trip-level Catch Reports fishing permit, with the exception of reporting week. For example, if a vessel vessels issued an American lobster issued a NE multispecies permit begins If the operator of a limited access NE permit, must submit a VTR within 15 a fishing trip on Wednesday, but returns multispecies vessel, including vessels days after the end of the reporting to port and offloads its catch on the issued a limited access Handgear A month. These VTRs specify gear used, following Thursday (i.e., after a trip permit, declares his/her intent to fish in area fished, and amount of each species lasting 8 days), the VTR for that fishing multiple broad stock areas on the same

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trip, as described above, the operator each species kept and discarded, the participating in the Closed Area (CA) I would be required to submit a trip-level statistical area fished, the VTR serial Hook Gear Haddock SAP. This SAP catch report to NMFS via VMS that number for that trip, and the date the includes an overall haddock TAC that is details the amount of each NE fish were caught. In Framework applicable to both Sector and common multispecies regulated species or ocean Adjustment 42 (October 23, 2006; 71 FR pool vessels fishing in this SAP. pout species kept (in pounds, landed 62156), the Council adopted, and NMFS Therefore, the existing requirement for weight) from each broad stock area on approved, universal reporting Sector managers to provide daily catch that trip prior to crossing the VMS requirements for SMPs to reduce reports by participating Sector vessels demarcation line upon the return to complexity and increase data quality for would be maintained. port, as instructed by NMFS. This report the purposes of monitoring catch in Dealer Reporting and Record Retention would be required for such trips unless these programs. As described above, Requirements the vessel is required to submit a daily Amendment 16 would also require all VMS catch report when operating in one NE multispecies vessels to submit a trip- Because Amendment 16 would of the special management programs level catch report when fishing in implement new requirements for (SMPs), as described further below. multiple broad stock reporting areas. To dockside/roving monitors for common These reports would be used to provide maintain consistency with the Council’s pool vessels beginning in FY 2012, and more timely data on catch intent to streamline the reporting for Sector vessels beginning in FY 2010, apportionment to stock areas until VTR requirements and minimize the time as described in Items 6 and 14 of this data become available. and cost burden associated with such preamble, respectively, the dealer Amendment 16 proposes that vessels reporting requirements, NMFS proposes reporting and record retention fishing in multiple broad stock areas to revise the daily VMS catch report for requirements currently specified in would be required to submit daily VMS SMPs to reflect the requirements § 648.7(a) and (e), respectively, need to catch reports. However, Amendment 16 outlined in the trip-level catch reports be revised to accommodate additional also provides NMFS with the ability to described above. This would eliminate reporting requirements associated with specify other reporting procedures to the current requirement for vessel these measures. Specifically, NMFS is reduce unnecessary duplication. operators fishing in SMPs to report proposing to require dealers to provide Therefore, as noted above, NMFS is species discards and statistical area a copy of any dealer weigh-out proposing to require trip-level VMS fished, but would require vessel documents or dealer receipts for a particular offloading event to dockside/ catch reports instead of daily catch operators to specify the VTR serial roving monitors, allow the dockside/ reports to minimize the reporting number or other universal trip ID roving monitor to sign a copy of the burden on vessels without specified by NMFS, the date fish were official weigh-out document or dealer compromising data available to caught (applicable only for SMP trips), receipt retained by the dealer, or sign a accurately monitor NE multispecies and the amount of each species kept in dockside monitoring report provided by regulated species and ocean pout catch. each broad stock reporting area. In addition, Amendment 16 would a dockside/roving monitor. In addition, authorize NMFS to exempt a vessel Amendment 16 proposes that Sector this proposed rule would require participating in an approved Sector vessels participating in SMPs would be vendors providing dockside/roving from the trip-level VMS catch reports required to comply with the SMP- monitor services to retain and make when declaring its intent to fish in specific reporting requirements, but available for review any records relating multiple broad stock areas to reduce would specifically provide the Regional to fish offloaded and observed by unnecessary duplication. At this time, Administrator with the authority to dockside/roving monitors for 3 yr after NMFS has determined that these trip- remove SMP-specific reporting the fish were first offloaded. This level catch reports are necessary to requirements if it is determined that the measure is intended to maintain accurately monitor NE multispecies reporting requirements are unnecessary. consistency with existing record regulated species and ocean pout catch At this time, NMFS has determined that retention requirements and facilitate by all NE multispecies vessels, daily SMP-specific VMS catch reports enforcement of measures proposed including those that are fishing under for vessels participating in Sectors are under Amendment 16. unnecessary, because Sectors would be an approved Sector operations plan. If Pre-Trip Observer Notification further review of available catch allocated ACE for most NE multispecies monitoring data indicates that trip-level regulated species and ocean pout stocks To better monitor NE multispecies catch reports are no longer necessary to and, therefore, would not be subject to regulated species and ocean pout catch accurately monitor NE multispecies any SMP-specific TACs or other under Amendment 16, NMFS is likely regulated species and ocean pout catch, restrictions on catch; would be to receive sufficient funding to increase and duplicate other available catch data, responsible for ensuring that Sector observer coverage in the NE NMFS may exempt Sector vessels from allocations are not exceeded; and would multispecies fishery for FY 2010 and, such reporting requirements during provide sufficient information to possibly, 2011. At this time, funding is subsequent FYs. monitor all Sector catch through the likely available to observe up to 30 submission of weekly Sector catch percent of common pool trips, and up SMP Reporting Requirements reports described further in Item 14 of to 38 percent of Sector trips. To ensure Amendment 16 would maintain the this preamble. Consistent with that NMFS can achieve targeted existing reporting requirements for Amendment 16, NMFS is proposing to observer coverage levels, the NMFS vessels that participate in a SMP (i.e., retain the authority to reinstate such Northeast Fisheries Observer Program SAPs, the U.S./Canada Management reporting requirements if it is later (NEFOP) needs additional information Area, and the Regular B DAS Program), determined that the weekly Sector catch to facilitate the deployment of observers unless otherwise noted below for reports are insufficient to adequately on trips that would land NE vessels participating in an approved monitor catch by Sector vessels in multispecies regulated species and Sector. All of these programs require SMPs. This exemption from the SMP ocean pout. Therefore, based on the vessel operators to submit a daily VMS reporting requirements for Sector authority provided the Secretary to catch report detailing the amount of vessels would not apply to vessels request additional information to

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implement an FMP in sections 305(d) observer deployment; and hail reports approximately 32-percent reduction and 402(a) of the Magnuson-Stevens required for dockside and at-sea from each vessel’s 2009 DAS allocation. Act, NMFS is proposing to require that monitoring requirements specified in Amendment 16 would exempt Sector any vessel issued a limited access NE Items 6 and 15 of this preamble, vessels from the DAS allocation multispecies permit and fishing under a respectively. Send comments on these reductions for common pool vessels NE multispecies DAS or on a Sector trip or any other aspects of the collection of because such vessels would be subject provide NMFS with the vessel name, information to (enter office name) at the to hard TACs to control fishing effort. permit number, and Sector to which the ADDRESSES above and by e-mail to As a result, Amendment 16 would vessel belongs, if applicable; contact [email protected] or fax to retain the existing 2009 DAS allocations name and telephone number for (202) 395–7285. for vessel’s participating in a Sector for the purposes of participating in the coordination of observer deployment; 9. Effort Controls date, time, and port of departure; area to monkfish fishery, a fishery that still be fished; and gear type to be used at Amendment 16 proposes a number of requires the concurrent use of a NE least 48 hr prior to departing port on revisions to existing effort controls, multispecies DAS with a monkfish DAS any trip declared into the NE including revisions to NE multispecies for vessels issued a limited access multispecies fishery. For trips lasting 48 DAS allocations, NE multispecies DAS Category C and D monkfish permit. If a hr or less, the vessel owner, operator, or accrual provisions, gear restricted areas, vessel fishes in the common pool in one manager would be able to make a and trip limits, as described in further FY, but in an approved Sector during weekly notification, rather than a detail below. These effort controls the next FY, its DAS allocation for each separate notification prior to each trip. would apply to vessels fishing under the FY would reflect whether the vessel is Such weekly notifications must occur provisions of the common pool. fishing under the common pool, or by 0001 hr of the Friday preceding the When the Council adopted participating in an approved Sector. Amendment 16, the effort controls week (Sunday through Saturday) that selected were expected to meet the DAS Counting they intend to complete at least one NE necessary mortality reductions for all Under Amendment 16, all NE multispecies DAS or Sector trip during stocks, with the exception of SNE/MA multispecies DAS used by vessels the following week. Trip notification winter flounder and northern fishing in the common pool would be calls must be made no more than 10 windowpane flounder, as estimated by counted in 24-hr increments, based days in advance of each fishing trip. the Groundfish PDT based upon earlier upon the time called into the DAS NMFS would inform the vessel whether guidance by the SSC regarding ABCs. As program via VMS or the interactive an observer has been assigned for that described above, Amendment 16 voice response (IVR) system. For trip, or a waiver issued within 24 hr of proposes to implement measures that example, if a vessel fished 6 hr, it would notification. This pre-trip notification would eliminate targeting of SNE/MA be charged for 24 hr of DAS usage; a would fulfill the current and proposed winter flounder and reduce discards in vessel that fished 25 hr would be observer notification requirements for other trawl fisheries to reduce F on charged for 48 hr of DAS usage. The trips into SMPs. However, if funding is SNE/MA as close to zero as practicable. existing differential DAS counting areas no longer sufficient to provide high A similar approach is proposed for and minimum DAS charge for Day levels of observer coverage for the entire northern windowpane flounder, but a gillnet vessels (i.e., the 3–15 DAS fishery, the Regional Administrator may Frebuild cannot be calculated due to counting rule where Day gillnet vessels eliminate this pre-trip notification uncertainty in the assessment for this were charged 15 hr for any trip greater requirement for all trips, as it would no stock and, therefore, the effort controls than 3 hr or less than or equal to 15 hr longer be necessary to facilitate observer described below would reduce F to the in duration, but actual time fished for deployment for all NE multispecies extent practicable. any trip less than or equal to 3 hr or vessels. If this occurs, the pre-trip greater than 15 hr in duration) would be observer notification requirements for DAS Allocation eliminated. trips into SMPs would remain in effect. Amendment 16 would revise the way Although Amendment 16 would Public comment is sought specifically NE multispecies DAS allocated to both exempt vessels participating in a Sector regarding: (1) Whether this proposed common pool and Sector vessels would from the requirement to use a NE collection of information is necessary be distributed between Category A and multispecies DAS to land NE for the proper performance of the Category B DAS, as originally multispecies regulated species and functions of the agency, including implemented under Amendment 13. ocean pout, vessels issued a limited whether the information shall have Starting in FY 2010, common pool access Category C or D monkfish permit practical utility; the accuracy of the vessels would have their DAS would still be required to use a NE burden estimate; (2) ways to enhance allocations distributed as follows: multispecies DAS to comply with the the quality, utility, and clarity of the Category A DAS would represent 27.5 restrictions of the monkfish fishery. As information to be collected; and (3) percent of a vessel’s Amendment 13 a result, because Sector vessels would ways to minimize the burden of the DAS baseline, Category B Regular DAS be exempt from the Amendment 16 NE collection of information, including would represent 36.25 percent of the multispecies DAS counting provisions through the use of automated collection Amendment 13 DAS baseline, and for common pool vessels, Sector vessels techniques or other forms of information Category B Reserve DAS would issued a limited access Category C or D technology. In particular, NMFS is represent 36.25 percent of the monkfish permit fishing under a seeking comment on reporting Amendment 13 DAS baseline. For monkfish DAS would be charged NE requirements that were not specifically example, a vessel with an Amendment multispecies DAS to the nearest minute detailed in the Amendment 16 FEIS, but 13 DAS baseline of 88 DAS would be based upon the time called into the DAS may be considered necessary to carry allocated 24.2 Category A DAS, 31.9 program via VMS or the IVR call-in out Amendment 16 measures. These Category B Regular DAS, and 31.9 system. Similarly, Sector vessels fishing measures include the increased Category B Reserve DAS. This under the Day gillnet designation (i.e., frequency of VTR submissions; pre-trip represents a 50-percent reduction from those vessels that return to port after observer notification to facilitate each vessel’s 2006 DAS allocation, or an setting their gillnets) would no longer be

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subject to the existing NE multispecies and consultations with the industry gear flounder TAC specified for common Day gillnet DAS counting provisions, as experts, research scientists, and vessel pool vessels fishing in the U.S./Canada described above for common pool DAS operators that designed the net. NMFS Management Area from being exceeded. counting measures. is specifically seeking public comment Atlantic halibut: The current trip limit on the description of the rope trawl. The of one fish per trip would be Restricted Gear Areas (RGAs) coordinates proposed for the SNE maintained. Amendment 16 proposes two RGAs Multispecies RGA have been slightly SNE/MA winter flounder, for common pool vessels. Both RGAs are revised from those proposed in windowpane flounder, ocean pout, and intended to reduce the catch of flatfish Amendment 16 to more accurately Atlantic wolffish: Landing of these species (predominantly SNE/MA winter outline the proposed areas and reflect stocks would be prohibited in any flounder and SNE/MA yellowtail the area adopted by the Council, as fishery. flounder) through the required use of depicted in Figure 4 of the Amendment In addition to the trip limits specified selective gear in areas where these 16 FEIS, as it intersects with the above, Amendment 16 proposes species are caught. Under Amendment coastline of Martha’s Vineyard, MA. additional restrictions on the amount of 16, vessels fishing in either the Western fish that a vessel could land. Under GB RGA or the SNE RGA would be Trip Limits Amendment 16, only one landing limit restricted to using the following gear: A In conjunction with the DAS of regulated species could be landed in haddock separator trawl, a Ruhle trawl, restrictions described above, the any 24-hr period by any vessel fishing a rope trawl, longline/tub trawls, following changes to trip limits are under the common pool. If fishing in handgear, or sink gillnets. Tie-down proposed: multiple stock areas, the most restrictive gillnets would be allowed, provided the GOM cod: The possession limit would possession limit would apply to the mesh is greater than or equal to 10 be increased to 2,000 lb (907.2 kg) per entire trip. Because DAS used by inches (25.4 cm). Gear other than those DAS, up to 12,000 lb (5,443.2 kg) per common pool vessels would be counted listed above would not be allowed on trip for vessels fishing under a NE in 24-hr increments, the existing cod board when fishing within these RGAs. multispecies DAS or under the Small running clock provision would be The Regional Administrator could Vessel permit exemption (Category C eliminated under Amendment 16. This approve the use of additional gear permit). provision allowed a vessel that fished within these RGAs, provided the new GB cod: The possession limit would only part of an additional DAS to land gear meets the standards established for be increased to 2,000 lb (907.2 kg) per an additional day’s worth of cod, the approval of additional gear in SMPs. DAS, up to 20,000 lb (9,072 kg) per trip provided the vessel declared the The existing gear performance standards for vessels fishing under a NE additional landings to NMFS so that up would apply to gear used in these areas multispecies DAS or under the Small to an additional 24 hr of DAS could be to ensure that selective gear is used Vessel permit exemption. The existing charged for that trip. properly (e.g., restrictive trip limits for trip limit for GB cod caught within the GOM Haddock Sink Gillnet Pilot flatfish and other bottom-oriented Eastern U.S./Canada Area or the Eastern Program species, such as 500 lb (226.8 kg) of all U.S./Canada Haddock SAP would flatfish species combined, and zero remain the same, at 500 lb (226.8 kg) per Amendment 16 proposes to lobsters). Common pool vessels fishing DAS, up to 5,000 lb (2,268 kg) per trip; implement a pilot program that would in the RGAs would be required to and 1,000 lb (453.6 kg) per trip, allow common pool vessels to fish with declare into these areas via VMS, as respectively. Consistent with existing 6-inch (15.24-cm) mesh stand-up sink instructed by the Regional regulations, a vessel would need to gillnets (tie-down gillnets would be Administrator. In lieu of a VMS declare its intent to fish exclusively prohibited) in the GOM RMA between declaration, the Regional Administrator within the GB Regulated Mesh Area January 1 through April 30 of each year. may authorize such vessels to obtain a (RMA) via VMS to be exempt from the Day gillnet vessels would not be able to letter of authorization (LOA) to fish in GOM cod limit of 12,000 lb (5,443.2 kg) fish with, possess, haul, or deploy more these RGAs. The minimum participation per trip. than 30 nets per trip, but Trip gillnet period for these LOAs would be 7 Cod limit for Handgear A vessels: The vessels would not be limited in the consecutive days, meaning that a vessel possession limit would increase to 750 number of nets they could fish with, must agree to fish in these areas for a lb (340.2 kg) per trip, consistent with possess, haul, or deploy. Vessels minimum of 7 consecutive days. If the automatic possession limit participating in this program would be issued a LOA, a vessel must retain the adjustment provision implemented required to use Category A DAS for any LOA on board for the duration of the under Amendment 13. fishing trip taken during the season participation period. A vessel could fish Cod limit for Handgear B vessels: The specified for this program (i.e., any trip inside and outside of these RGAs on the possession limit would increase to 200 between January 1 and April 30), same trip, but would be subject to the lb (90.7 kg) per trip, consistent with the regardless of whether catch is landed most restrictive measures (gear, trip automatic possession limit adjustment (i.e., a Day gillnet vessel would be limits, etc.) for the areas fished for the provision implemented under required to use Category A DAS to entire trip. A vessel fishing outside of Amendment 13. deploy gillnets). Participating vessels these areas could transit the RGAs, CC/GOM and SNE/MA yellowtail would be required to declare their intent provided gear other than the selective flounder: The possession limit would to participate in this pilot program by gear specified above is properly stowed. increase to 250 lb (113.4 kg) per DAS, October 1 of each year. The Regional Both the areas and the gear required up to 1,500 lb (680.4 kg) per trip. Administrator would issue LOAs to to be used in these areas are further GB yellowtail flounder: There would participating vessels that must be defined in this proposed rule. NMFS be no possession limit specified for this carried on board during the season based the proposed definition of the stock at the beginning of the FY. specified for this pilot program. In rope trawl upon the description of the However, the Regional Administrator addition, vessels would be required to net in the final report of the research could implement a possession limit notify the NMFS Observer Program at project that designed and tested this net, either prior to, or during, the FY to least 48 hr prior to every trip under this referenced in the Amendment 16 FEIS, prevent the available GB yellowtail pilot program to facilitate the

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deployment of observers. This pilot of permit history (CPH) from Program. In addition, with the program would be in place for FY 2010 participating in these programs to slow continued reduction of DAS, including through FY 2012, unless continued the reactivation of fishing effort. an additional 32-percent reduction in through a future Council action. The Because permits in CPH can be DAS allocations for common pool Regional Administrator could suspend reactivated at any time, the Amendment vessels under Amendment 16, the DAS participation in this pilot program by 13 prohibition created an administrative leasing cap imposes a barrier that individual vessels or by all vessels if the barrier to reactivation of such effort. prevents vessels from acquiring program is determined to be Amendment 16 would eliminate this sufficient DAS to remain economically inconsistent with the goals and administrative barrier by allowing viable. Therefore, Amendment 16 would objectives of the FMP. permits held in CPH to participate in eliminate the DAS leasing cap. There As identified in a February 6, 2009, the DAS Leasing and Transfer Programs would be no limit on the number of letter to the Council, NMFS considers without being activated by being placed DAS that a permit holder could lease this pilot program a SAP, as defined in onto a vessel. Because of continued from another permit holder. Section 3.4.5.2 of the SEIS for effort controls proposed under 11. Minimum Fish Size Amendment 13, as it intends to Amendment 16, the concern that facilitate the targeting of a healthy NE participation of permits in CPH would Although the 2009 interim rule multispecies stocks in a manner that speed up the activation of effort is reduced the haddock minimum fish size would otherwise be prohibited. In this somewhat mitigated, while providing from 19 inches (48.3 cm) to 18 inches case, the pilot program would target greater opportunities to increase the (45.7 cm), the FMP still includes a haddock by allowing vessels to use efficiency of vessel operations. minimum fish size of 19 inches (48.3 undersized mesh in the GOM RMA. cm) for haddock and a minimum fish Because NMFS considers this pilot DAS Transfer Conservation Tax size of 36 inches (91.4 cm) for Atlantic program a SAP, the criteria adopted in In addition to increasing the halibut. Because of slower than Amendment 13 to approve a SAP flexibility and economic efficiency of expected growth rates, large amounts of should be applied. Among other things, fishing operations, the DAS Transfer undersized haddock are being to be approved, a SAP must not result Program was intended to provide long- discarded. Since both stocks of haddock in overfishing of any stock, or increase term reduction in fishing effort by are rebuilt, Amendment 16 proposes to F on a stock of concern (defined as a reducing active and inactive DAS from reduce the minimum fish size to 18 stock subject to overfishing or that is the fishery through the implementation inches (45.7 cm) for all NE multispecies overfished), and must reduce discards to of a conservation tax on DAS transferred vessels, including both commercial and the extent practicable on all species. under this program. However, no recreational vessels, to reduce discards Amendment 13 also indicates that a permits participated in this program and increase landings of this healthy SAP should not undermine the until the DAS conservation tax was species. In addition, GARM III indicated achievement of the goals of the FMP, reduced from 40 percent to 20 percent that the median length at maturity for including efforts to rebuild overfished on Category A and B DAS, in female halibut in the GOM is 41 inches stocks, end overfishing, and minimize conjunction with other changes to the (104.1 cm). Because this stock is bycatch. NMFS is specifically seeking program, under Framework Adjustment overfished, Amendment 16 proposes to public comment regarding this Pilot 42 in FY 2006. While some vessel increase the minimum fish size for Program and whether the SAP approval owners have consolidated DAS and halibut to 41 inches (104.1 cm) for both provisions should apply when deciding permits under this program since FY commercial and recreational vessels to whether to approve this SAP under 2006, in large part, the efficiency and increase opportunities for halibut to Amendment 16. conservation gains expected from this spawn prior to capture, thereby program have not materialized due to increasing the likelihood that this stock 10. DAS Leasing and Transfer Programs low participation in this program. will meet rebuilding objectives. Amendment 16 includes several Amendment 16 proposes to eliminate revisions to the DAS Leasing and the DAS conservation tax entirely to 12. SMPs and SAPs Transfer Programs that are intended to increase participation in this program. Amendment 16 proposes several eliminate unnecessary administrative Any DAS reduced due to the changes to existing SAPs for both procedures that would impede conservation tax applied to previously common pool vessels and those fishing participation in these programs, as approved transfers would not be in an approved Sector, as described in follows. Existing restrictions on leasing reinstated. further detail below. DAS between vessels participating in DAS Leasing Cap U.S./Canada Management Area Sectors and those fishing in the common pool would be continued When Amendment 13 first In 2006, Framework Adjustment 42 under Amendment 16. A similar implemented the DAS Leasing Program, increased the flexibility of vessel restriction on DAS transferred under the a cap was placed on the number of DAS operations in the Eastern U.S./Canada DAS Transfer Program is proposed a vessel could acquire to reduce the Area by allowing vessels fishing in the under Amendment 16, as further possibility that a vessel would area to fish both inside and outside of described in Item 14 of this preamble. accumulate excessive DAS. This cap the Eastern U.S./Canada Area on the was based upon the 2001 DAS same trip. As part of that provision, all Eligibility allocation of the vessel acquiring DAS catch of cod, haddock, and yellowtail The DAS Leasing and Transfer from another vessel. Because the flounder would count against the Programs were first implemented under concurrent implementation of the DAS Eastern U.S./Canada TACs for GB cod Amendment 13 to increase the Transfer Program allowed vessel owners and GB haddock, and the overall TAC economic efficiency of vessel operations to consolidate DAS allocations for GB yellowtail flounder. This by allowing vessels to acquire associated with each permit, it was proposed rule would revise this additional DAS, or lease unused DAS to realized that the DAS leasing cap could provision to accommodate the another vessel. Amendment 13 be circumvented by consolidating allocation of these stocks to Sectors, as prohibited permits held in confirmation permits under the DAS Transfer proposed in Amendment 16.

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Incidental Catch TAC when participating in this SAP. Sector per trip without using a NE multispecies In 2004, Framework Adjustment 40A vessels would be allowed to continue to DAS. Because F on SNE/MA winter (November 19, 2004; 69 FR 67780) fish in this Eastern U.S./Canada Area flounder must be reduced to as close to developed incidental catch TACs to Haddock SAP for the entire season zero as practicable, and because no limit the catch of species of concern specified for this SAP as long as the vessels would be allowed to possess (i.e., stocks that were overfished or Sector to which they belong has been SNE/MA winter flounder under subject to overfishing) when vessels allocated quota for all stocks caught in Amendment 16, continuation of this were targeting healthier NE multispecies this SAP. SAP would not be appropriate until improving stock conditions warrant its regulated species or ocean pout stocks CA I Hook Gear Haddock SAP re-implementation. under a Category B DAS in SMPs. In The CA I Hook Gear Haddock SAP subsequent actions, incidental catch would be revised to expand both the CA II Yellowtail Flounder/Haddock TACs were added for several species area and the season of this SAP under SAP and adjustments were made in the size Amendment 16. The season would be The CA II Yellowtail Flounder SAP and distribution of these TACs to extended to run from May 1 through was first implemented under accommodate revised stock status and January 31. The seasonal split between Amendment 13 to facilitate the harvest new SMPs, respectively. Amendment 16 Sector and common pool vessels of GB yellowtail flounder in CA II at a continues to revise incidental catch implemented by Framework Adjustment time when the resource was considered TACs to accommodate the development 41 (September 14, 2005; 70 FR 54302) healthy. Since then, however, updated of ACLs and the incorporation of would be eliminated, meaning that both assessments have indicated that the pollock as a stock of concern. Proposed Sector vessels and common pool vessels stock has been determined to be incidental catch TACs would be based would be able to fish under this SAP overfished and subject to overfishing. upon the ACL available to the throughout the proposed season, Under Framework Adjustment 40B commercial common pool fishery, as provided the Sectors to which Sector (June 1, 2005; 70 FR 31323), language only common pool vessels would be vessels belong have been allocated was added to the regulations to allow able to participate in these programs quota for all stocks caught in this SAP. the Regional Administrator to specify under a Category B DAS. Accordingly, the division of the zero trips into this SAP (i.e., close this Under Amendment 16, the existing available GB haddock quota between SAP) if there was insufficient GB specification of incidental catch TACs Sector and common pool seasons would yellowtail flounder to support a fishery for all stocks would remain the same, be eliminated as well. Once the both inside and outside of CA II. but a pollock incidental catch TAC available GB haddock quota specified Catch of GB haddock has been well would be specified based upon 2 for the SAP is caught, the SAP would be below target TAC levels for several percent of the ACL available to common closed to all vessels, including Sector years, particularly in light of several pool vessels. This incidental catch TAC vessels. The SAP area would be large yearclasses being recruited into the would be distributed to all SAPs, as extended to cover most of the northern fishery. As a result, Amendment 16 follows: 50 percent to the Regular B portion of CA I, as described further in proposes to revise the CA II Yellowtail DAS Program, 16 percent to the CA I this proposed rule. All other Flounder SAP to facilitate the harvest of Hook Gear Haddock SAP, and 34 requirements of this SAP would be GB haddock within CA II, even when percent to the Eastern U.S./Canada unchanged by Amendment 16. These the CA II Yellowtail Flounder SAP is Haddock SAP. Consistent with existing modifications are intended to facilitate closed to targeting GB yellowtail SAP provisions, once the pollock the harvest of the available GB haddock flounder. This revised SAP would build incidental catch TAC is projected to be resource. upon the existing provisions of the CA caught by common pool vessels, the use When Framework Adjustment 41 was II Yellowtail Flounder SAP by of Category B DAS in that particular adopted by the Council, it included a modifying the gear requirements and SAP would be prohibited for the provision that prohibited vessels season when the area is open to remainder of the season, as specified by participating in the SAP from using targeting haddock. If and when the SAP the Regional Administrator. squid or mackerel for bait, or even is open to targeting yellowtail flounder, as currently defined in the regulations Eastern U.S./Canada Haddock SAP possessing squid or mackerel on board the vessel during a trip into the SAP. based upon the amount of GB yellowtail The Eastern U.S./Canada Haddock These prohibitions on the use of flounder available, the existing CA II SAP was implemented as a 2-year pilot particular bait were intended to reduce Yellowtail Flounder SAP provisions program under Framework Adjustment the catch rates of cod in this SAP. apply. This includes the season (July 1 40A in 2004. Framework Adjustment 42 However, this provision was never through December 31), individual vessel extended this SAP for an additional 2 included in the final rule implementing trip limits (one trip per vessel per years in 2006. The 2009 interim action that action. Accordingly, this action month), cumulative fishery trip limits extended this SAP throughout FY 2009. would implement the prohibitions that (320 trips per year, unless otherwise Amendment 16 would extend this SAP should have been implemented as part specified by the Regional indefinitely. In addition, Amendment of Framework Adjustment 41. Administrator), gear requirements (one 16 would allow participating vessels to of two types of flounder nets specified use codends with a minimum mesh size SNE/MA Winter Flounder SAP in the regulations, the haddock of 6 inches (15.24 cm) diamond or The SNE/MA Winter Flounder SAP separator trawl, or the Ruhle trawl), GB square mesh. All catch by Sector vessels originally implemented under yellowtail flounder trip limit (between would count against the Sector’s Amendment 13 would be eliminated 10,000–30,000 lb (4,536–13,608 kg) per allocation for each stock, including under Amendment 16. This SAP was trip), GB cod trip limit (1,000 lb (453.6 those specific to the Eastern U.S./ developed to reduce discards in the kg) per trip), and other provisions. Canada Area. Because Sectors would be fluke fishery by allowing vessels When the SAP is not open to the restricted by their allocations for each targeting fluke west of 72° 30′ W. long. targeting of GB yellowtail flounder, stock, Sector vessels would not be using small mesh to retain up to 200 lb either because there is insufficient GB restricted in the gear that could be used (90.7 kg) of SNE/MA winter flounder yellowtail flounder available to open the

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SAP, or because the maximum number vessels, while preserving a higher bag Sector-specific AMs specified in Item 6 of trips has been taken, the SAP would limit considered important for the of this preamble, Sector reporting be open to target GB haddock, provided charter/party industry. This allocation requirements described in Item 8 of this the Eastern GB haddock ACL has not would not require any additional preamble, and Sector provisions been caught by common pool vessels, or measures to achieve the target F for specified for individual SMPs outlined there is sufficient ACE for all stocks GOM haddock. in Item 12 of this preamble. caught in the SAP for vessels Amendment 16 proposes additional Sector Eligibility and Definition participating in an approved Sector. If changes to recreational measures, the SAP is open to target haddock, the including the elimination of the limit on Under the original Sector regulations following provisions would apply, the number of hooks that can be used, specified by Amendment 13, permits unless otherwise noted below: Season provisions for landing fillets, and the held in CPH were prohibited from (August 1 through January 31), gear minimum size limits for haddock and participating in a Sector. This requirements (a vessel would not be Atlantic halibut. Amendment 7 to the prohibition appears to be merely an allowed to use a flounder net and would FMP (May 31, 1996; 61 FR 27710) first unnecessary administrative barrier to be required to use a haddock separator implemented a limit of two hooks per participation in Sectors, because trawl, a Ruhle trawl, or hook gear), trip line per angler as an effort control in the permits currently held in CPH can be limits (no haddock trip limit, and the recreational fishery. Even with this activated at any time by putting the existing trip limits for GB cod and GB restriction, discards by recreational permit onto a skiff through a vessel yellowtail flounder), and the existing fishermen are expected to increase as replacement. Amendment 16 would SAP DAS and discard provisions. All stocks rebuild. Amendment 16 would remove this prohibition and allow catches of GB haddock would apply to eliminate the limit of two hooks per permits held in CPH to join Sectors. In the Eastern GB haddock quotas line, but would maintain the limit of addition, under Amendment 13, only allocated to either common pool or one line per angler. Recreational anglers vessels issued a NE multispecies DAS vessels participating in individual prefer to land fillets, and some charter/ permit could join Sectors. However, Sectors. Sector vessels would not be party operations fillet and skin fish as because Amendment 16 proposes to rely subject to the trip limits, limits to the a service to their customers. upon hard TACs to control Sector effort number or frequency of trips (i.e., the Amendment 16 would clarify that rather than a combination of hard TACs current restriction of 1 trip per month or recreational anglers may land fillets, and DAS, vessels issued a limited access the maximum 320 trips per year) or DAS provided there is at least 2 square NE multispecies Handgear A permit (a restrictions specified for this SAP, but inches (5.08 square cm) of contiguous permit that is not subject to DAS effort would be subject to the gear skin that allows for the ready controls) would be eligible to participate requirements for this SAP. Individual identification of the fish species. Such in Sectors. Amendment 16 proposes that Sector vessels would be allowed to fillets would be required to be from vessels eligible to join Sectors must continue to fish in this modified CA II legal-sized fish, but the fillets have been issued a limited access NE Yellowtail Flounder/Haddock SAP themselves would not need to meet the multispecies permit by April 30, 2008. should it close to common pool vessels, minimum size requirements in the This date was intended to identify as long as the applicable Sector has regulations. This provision is intended permits that were eligible to join Sectors allocated quota remaining for all stocks to facilitate existing practice in the by the start of FY 2008 on May 1, 2008, caught in this SAP. recreational fishery without in anticipation that Amendment 16 compromising efforts to enforce both would be implemented by May 1, 2009. 13. Recreational Measures size and possession limits in the fishery. While April 30, 2008, is the last date a To ensure that management measures Amendment 16 would also reduce the vessel could renew its FY 2007 permit, can be tailored to address the minimum size for haddock from 19 vessels issued permits as of May 1, components of the fishery responsible if inches (48.3 cm) to 18 inches (45.7 cm) 2008, more accurately reflect the mortality targets are exceeded, the total length, indefinitely, and increase Council’s intent to identify permits that Council is proposing to allocate portions the minimum size for Atlantic halibut were eligible to join Sectors during FY of the ACL for certain NE multispecies from 36 inches (91.4 cm) to 41 inches 2008, as any permits that were not regulated species and ocean pout stocks (104.1 cm) total length. The existing size renewed as of April 30, 2008, would to the recreational fishery, as specified restrictions for other stocks and the expire and would not be issued a permit above in Item 5 of this preamble. Based possession restrictions for all stocks as of May 1, 2008. Therefore, NMFS has upon the criteria proposed to allocate would be maintained. Atlantic wolffish revised the Sector eligibility criteria NE multispecies regulated species and would be added to the FMP, with zero proposed in Amendment 16 to reflect ocean pout stocks between the NE possession allowed for all recreational that vessels issued limited access NE multispecies commercial/recreational vessels. multispecies permits as of May 1, 2008, fishery, this action would allocate not April 30, 2008, are eligible to portions of the GOM cod and GOM 14. Sector Measures participate in Sectors under haddock ACLs to the recreational Amendment 16 builds upon the sector Amendment 16. Finally, consistent with fishery. Based upon this allocation, to measures implemented under the Council’s Sector policy, Amendment meet the target F for GOM cod, Amendment 13 and Framework 16 would specify a minimum number of Amendment 16 proposes to extend the Adjustment 42 by proposing additional participants required to form a Sector by existing seasonal GOM cod prohibition sectors and revisions to many existing proposing to define a Sector as a group for recreational vessels, including both sector requirements, including sector of three or more persons, none of whom private recreational and charter/party allocation provisions, operations plan have an ownership interest in the other vessels for 2 weeks, to run from requirements, and monitoring and two persons in the Sector. By specifying November 1 through April 15. The reporting requirements, as specified that the three individuals must not have adjustment to the GOM cod prohibition further below. In addition to the an ownership interest in one another, was considered more effective than bag requirements described below, vessels Amendment 16 attempts to address limits or size restrictions at reducing participating in an approved Sector concerns that Sectors would be a means GOM cod catch by all recreational would be required to comply with the to circumvent the individual

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transferable quota referendum required Universal Sector Exemptions With the exception of SNE/MA winter by the Magnuson-Stevens Act and Amendment 13 specified that Sectors flounder, these stocks are not allocated minimizes the administrative burden were not allowed exemptions from to Sectors, because they are primarily associated with implementing a large particular measures, including year- bycatch species. Accordingly, vessels number of very small Sectors. round closures, permitting restrictions, have very little landings history for Operations Plan Requirements gear restrictions designed to reduce these stocks that, when combined with small overall ACLs, would result in very Amendment 13 specified a number of habitat impacts, and reporting requirements. Amendment 16 proposes small Sector allocations for each of required elements that must be included these stocks, which would complicate in each Sector operations plan. to maintain those restrictions, but also to specify certain provisions from which and increase the cost of Sector Amendment 16 would add to those monitoring and would likely lead to requirements to provide additional all Sectors would be exempt. These ‘‘universal exemption’’ provisions expansive closures once such small details regarding Sector reporting and allocations are harvested. Instead, the monitoring provisions, as well as to include trip limits on stocks for which the Sector receives an allocation (i.e., all Council has reduced incentives to target better understand the composition and these particular stocks by proposing to effort distribution of participating stocks except Atlantic halibut, ocean pout, windowpane flounder, SNE/MA prohibit possession of these stocks, with vessels so that the Council can better the exception of Atlantic halibut, where evaluate the impacts of Sectors. These winter flounder, and Atlantic wolffish); seasonal closed areas; NE multispecies only one fish per trip would be allowed, additional operations plan requirements consistent with existing regulations. include information about overage DAS restrictions; the requirement to use a 6.5-inch (16.5-cm) mesh codend when Similar possession restrictions are penalties if a Sector exceeds its proposed for common pool vessels, allocation for any stock; detailed fishing with selective gear (i.e., the haddock separator trawl, the Ruhle meaning that the ACLs for these stocks information about the Sector’s would be used primarily to independent third-party dockside/ trawl, or other approved gear) on GB, provided such vessels fish with a 6-inch accommodate bycatch in the NE roving monitor service provider that multispecies fishery. Although SNE/MA meets NMFS standards to monitor (15.24-cm) mesh codend; and portions of the GOM Rolling Closure Areas (a full winter flounder would not be allocated Sector landings; detailed information to Sectors at this time, if the status of about a monitoring program for description of the portions of the GOM Rolling Closure Areas applicable to SNE/MA winter flounder improves, this discards; a list of all Federal and state stock would be allocated in a manner permits held by vessels participating in Sectors is further described in this similar to how other stocks would be the Sector; a list of specific ports where proposed rule). These universal allocated to Sectors, as described below. Sector members will land fish with exemptions are intended to minimize a specific exemptions provided for safety, Sector’s analytical and administrative Sector allocations would be in the weather, and other reasons; TAC burden associated with requesting such form of an ACE for each stock, or the thresholds and how the Sector would exemptions on a yearly basis. Sectors maximum amount of a particular stock notify NMFS once the threshold has could still request and analyze that a Sector could catch—including been reached; identification of potential additional exemptions as part of their both landings and discards—on a yearly redirection of effort as a result of Sector yearly operations plans, but such basis. Each individual Sector’s ACE for operations and any efforts to limit the exemptions would need to be approved a particular stock would represent a adverse effects of such redirection of by the Regional Administrator. The share of that stock’s ACL available to effort; and finally how NE multispecies provisions applicable to a Sector, commercial NE multispecies vessels regulated species or ocean pout would including any exemptions from existing based upon the cumulative PSCs of be avoided while participating in other regulations, would be specified in a vessels participating in each sector. A fisheries that have a bycatch of NE LOA issued to Sectors by the Regional PSC represents an individual permit’s multispecies regulated species and Administrator, which must be possessed share of the ACL for each NE ocean pout if the Sector does not on board participating vessels at all multispecies regulated species or ocean anticipate being allocated or acquiring times to facilitate enforcement of Sector pout stock based upon the individual an allocation of NE multispecies provisions. permit’s dealer landings available to regulated species from another Sector. NMFS (see below for further detail), Sector Allocations, Potential Sector This last requirement is only required if including the landings histories for any Contribution (PSC), and Annual Catch the Sector anticipates operating in this permit histories consolidated onto one Entitlement (ACE) manner. Sector operations plans would vessel prior to May 1, 2008, as part of be required to be submitted by When Sectors were first implemented the existing DAS Transfer Program September 1 of each year to ensure that under Amendment 13, Sectors were provisions. These PSCs would remain the operations plans and associated only allocated a hard TAC for GB cod, with the limited access permit analysis are reviewed in time to and relied upon DAS to control effort indefinitely, including upon implement such operations by the start for other stocks. Consistent with the replacement of a vessel, or of the next FY on May 1. Operations Council’s intent to transition from input consolidation with another limited plans may address sector operations controls to output controls, Amendment access NE multispecies permit on over either a one or a two-year period, 16 would no longer allow Sectors to use another vessel. The ACE allocated to a provided the analysis is sufficient to DAS to control effort, relying instead on Sector would be valid only for one FY cover the duration of the applicability of hard TACs to control Sector catch. and would be recalculated on a yearly the operations plan. The Regional Under Amendment 16, Sectors would basis based upon changes to Sector Administrator would review each Sector be allocated fishery resources for all NE rosters. While Amendment 13 operations plan and associated analysis multispecies regulated species stocks, specifically restricted the size of an and approve or disapprove such with the exception of Atlantic halibut, individual Sector allocation to no more operations, with implementation windowpane flounder, Atlantic than 20 percent of the yearly TAC for through publication of a rule in the wolffish, and SNE/MA winter flounder, any NE multispecies regulated species Federal Register. and would not be allocated ocean pout. or ocean pout stock, Amendment 16

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would eliminate that restriction to permit holder was sent a letter stock area for which the overage further facilitate participation in identifying that permit’s PSC for each occurred unless and until that Sector Sectors. stock, as proposed under Amendment acquires sufficient ACE from another The PSC for each NE multispecies 16. A process to correct data used to Sector to cover the remaining overage regulated species or ocean pout stock calculate each permit’s PSC for each (i.e., the overage that exists after would be based upon historic landings stock was outlined in a May 1, 2009, reducing the ACE for that stock to zero of each stock while operating under the letter to all limited access NE for the following FY). For example, if a restrictions of a limited access NE multispecies permit holders. This letter Sector is allocated 10 mt of GB cod ACE, multispecies permit, including NE is available on the NMFS Northeast but catches 25 mt of GB cod during the multispecies regulated species or ocean Regional Office Web site (http:// previous FY, the GB cod ACE for the pout caught under a NE multispecies www.nero.noaa.gov). following FY would be reduced to zero DAS when participating in the skate or Each Sector allocated ACE for stocks and that Sector would be required to monkfish fisheries. With the exception managed under the terms of the U.S./ acquire at least 5 mt (i.e., 15 mt overage of GB cod, the PSC for each stock would Canada Understanding (i.e., GB ¥10 mt ACE allocated = 5 mt overage be calculated by summing the dealer yellowtail flounder, GB cod, and GB remaining) of GB cod ACE in order to landings for each permit during FYs haddock) would be allocated a specific fish in the GB cod stock area during the 1996 through 2006. This value would portion of such ACEs that could only be following FY. If the Sector disbands, then be divided by the total landings of harvested from the Eastern U.S./Canada individual participating vessels would Area. The ACE specified for the Eastern each NE multispecies stock during the be subject to a reduction in PSC if U.S./Canada Area portions of these same period by all permits eligible to participating in another Sector, or a stocks would be proportional to the join Sectors to get the individual reduction in allocated DAS if Sector’s allocation of the overall ACL permit’s share of the available participating in the common pool, available to commercial NE commercial ACL for each stock. The proportional to the individual vessel’s multispecies vessels for these stocks. landings history for each permit share of the maximum overage that For example, if a Sector is allocated 10 includes all landings that can be occurred. For example, if a Sector percent of the GB cod ACL available to attributed to that permit. For limited exceeds its GB cod ACE by 10 percent commercial NE multispecies vessels, access NE multispecies Handgear A and its pollock ACE by 15 percent, each that Sector would also be allocated and permits, this includes landings by the permit in that particular Sector that allowed to harvest 10 percent of that enters the common pool during the permitted vessel during FYs 1996 ACE from the Eastern U.S./Canada Area. through 2003, before the adoption of the subsequent FY would receive a 15- In this example, if the overall GB cod percent reduction in its Category A DAS limited access Handgear A permit ACL available to commercial NE category in 2004. For GB cod, any vessel allocation for that FY. If a Sector multispecies vessels is 1,000 mt, of comprised of 10 permits/vessels exceeds owner that indicated his/her intent to which 100 mt is specified to the Eastern participate in one of the existing sectors its GB cod ACE by 10,000 lb (4,536 kg) U.S./Canada Area, this Sector would be during the previous FY, but later (i.e., the GB Cod Hook Sector or the GB allocated 100 mt of GB cod, of which 10 Cod Fixed Gear Sector) by signing a disbands, each permit in that Sector that mt would be allocated to, and could be joins another Sector during the preliminary roster for these sectors by harvested from, the Eastern U.S./Canada March 1, 2008, would be allocated a GB subsequent FY would have its GB cod Area. PSC temporarily reduced by 1,000 lb cod PSC based upon documented A Sector would only be able to fish (453.6 kg) during that FY. A Sector landings histories of this stock between in a particular stock area if it is could also specify additional penalties FYs 1996–2001, the years selected to allocated, or acquires through determine the GB cod allocation for transferring ACE from another Sector, to participating vessels as part of its existing Sectors under Amendment 13. ACE for all stocks allocated to sectors in yearly operations plan. If the Sector This March 1, 2008, date was selected that stock area. Catch for all allocated does not exceed its ACE for any stock, because, at the time, the Council was NE multispecies regulated species or but other vessels in the common pool or intending to implement Amendment 16 ocean pout stocks, including both another Sector exceed their sub-ACLs or by the start of FY 2009 on May 1, 2009, landings and discards, would count ACEs, respectively, the Sector’s ACE in and needed to identify a fixed pool of against a Sector’s ACE for a particular the following FY would not be reduced vessels eligible to participate in Sectors stock. Sector vessels would be required as a result of such overages by other so that PSCs could be calculated. A to retain all legal-sized NE multispecies groups. This is intended to ensure that separate GB cod allocation for vessels regulated species and ocean pout and groups responsible for exceeding their intending to participate in one of the could only discard undersized fish for portion of the ACL for a particular stock existing Sectors was intended to all allocated stocks. Once a Sector’s ACE do not negatively impact other groups. recognize the investment decisions for a particular stock is caught, a Sector If a Sector exceeds its ACE at the end made by such vessels, based upon the would be required to cease fishing of the FY, it could be held jointly and Sector allocation criteria established operations in that stock area until it severally liable for such an overage and under Amendment 13 in 2004. The could acquire additional ACE for that may be subject to a permanent reduction value of such investments may be stock. If, in a particular FY a Sector in the Sector’s ACE (i.e., a permanent compromised if different allocation exceeds its ACE for a particular stock reduction in individual vessel’s PSCs) criteria would have been selected under after considering all ACE allocated to or a withdrawal of the approval of that Amendment 16. With the one exception that Sector or acquired from another Sector in addition to the penalties for GB cod, the allocation window of Sector, that Sector’s ACE for that stock described above. Exceeding an ACE may FYs 1996–2006 is intended to provide a would be reduced by the amount of the be evidence of inadequate monitoring large qualification window sufficient to overage in the following FY. If there is systems, poor compliance with an smooth out the impacts that yearly insufficient ACE allocated to a operations plan, or a failure to adhere to changes to regulations may have had on particular Sector to cover the overage, other regulatory requirements that could an individual vessel’s landings history. vessels participating in that Sector potentially result in administrative or Each limited access NE multispecies would not be allowed to fish in the enforcement action for these shortfalls,

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even if the Sector is able to complete Administrator would approve/ described in this proposed rule. During ACE transfers so that an ACE overage disapprove such a transfer request based FY 2010, the offloads of 50 percent of does not exist at the end of the FY. In upon whether the Sector is compliant trips by each Sector would be randomly addition to ACE overages, a Sector and with applicable reporting requirements, observed, with 20 percent randomly its participants could be held jointly including the weekly Sector catch report observed in future years. In addition, and severally liable for discarding legal- described below, and individual VTR because discards and area fished are sized fish or misreporting catch (both requirements. Such transfers would critical elements in the monitoring of landings and discards). only be valid for the FY requested on Sector catch, Sectors would be required With the exception of GB yellowtail the transfer request form. To ensure that to develop an adequate independent flounder, a Sector would be allowed to such ACE trading does not lead to third-party at-sea/electronic monitoring carry over up to 10 percent of unused overfishing, Amendment 16 proposes program beginning in FY 2012. This ACE for each stock into the following that NMFS would withhold 20 percent program would be used to verify area FY, even if a Sector’s roster has changed of each Sector’s ACE for each stock for fished and catch (landings and between those FYs. Any unused ACE a period of 61 days (i.e., through June discards), by species and gear type, for allocated for Eastern GB stocks would 31) to accommodate any transfers of the purposes of monitoring Sector ACE contribute to the 10-percent carry-over ACE late in the FY and to allow utilization. Coverage levels would be allowance for each stock as a whole, but sufficient time for NMFS to evaluate specified by NMFS on a yearly basis, would not increase an individual Sector catch data to determine if an based upon a list of participating vessels Sector’s allocation of Eastern GB stocks overage actually occurred. during the following year. In addition, and gear types for each Sector. At a a Sector would not be allowed to carry DAS Transfer Requests by Sector minimum, such coverage would need to over any unused ACE for GB yellowtail Vessels be sufficient to ensure that the resulting flounder into the next FY. Although the The DAS transfer program involves estimate of discards meets the carry-over provisions specific to these the permanent transfer of a vessel’s NE coefficient of variation specified in the stocks are not specifically addressed in multispecies DAS, along with any other Standardized Bycatch Reporting Amendment 16, they are necessary to limited access permits and associated Methodology, but it is expected that effectively implement the provisions fishing history. Because the fishing coverage is likely to be higher than this proposed under Amendment 16 due to history of each permit affects the ACE minimum standard due to the need to the conflict between the proposed carry- allocated to each Sector, this action adequately monitor catch (both landings over provision and the existing U.S./ would allow a Sector vessel to transfer and discards) and to minimize coverage Canada Management Area requirements DAS and associated fishing history to bias in each Sector. Electronic pursuant to the authority granted to the another vessel participating in that monitoring could be used in lieu of Secretary under section 305(d) of the vessel’s Sector, but would prohibit a actual at-sea monitors, provided the Magnuson-Stevens Act. Because the Sector vessel from transferring any DAS technology is deemed sufficient by U.S. portions of the TACs for GB to or from common pool vessels or NMFS for a specific gear type and area yellowtail flounder and Eastern GB cod vessels participating in a different fished. At this time, NMFS has not and Eastern GB haddock are specified Sector. This is necessary to facilitate the deemed electronical monitoring on a yearly basis as part of the administration of the DAS Transfer technology sufficient for any gear or Understanding, allowing Sectors to Program without affecting the ACE area fished. Existing NMFS-funded carry over any of these stocks could allocation of each Sector due to such observer coverage would continue result in U.S. harvest of these stocks transfers. under Amendment 16. Accordingly, any exceeding the U.S. portions of these Sector Monitoring and Reporting at-sea monitoring coverage provided by stocks for a particular FY if all vessels Requirements an approved Sector at-sea monitoring fully harvested the TACs specified to Amendment 16 would require Sectors program would be in addition to the either Sectors or the common pool. This coverage provided by the NMFS-funded could result in a violation of the to develop mechanisms to adequately monitor catch and discards by observers. If a NMFS-funded observer Understanding and the need to deduct and an industry-funded at-sea monitor such overages during the following year participating vessels. One of these are assigned to the same trip, the NMFS- based upon existing regulations mechanisms is an independent third- funded observer would take precedence implementing the Understanding. party dockside/roving monitoring and the at-sea monitor would not be Therefore, the slightly modified carry- program that would observe offloads by over provisions are intended to Sector vessels to ensure that landings required to be deployed on that trip. minimize incentives for Sectors to catch are accurately reported. This dockside/ This is intended to provide sufficient their entire ACE in each FY, and is roving monitoring program would be coverage, but minimize costs to expected to reduce the likelihood that required starting in FY 2010, and would industry. To facilitate deployment of overages would occur. be funded by Sectors, unless otherwise dockside/roving and at-sea monitors specified by NMFS. Dockside monitors and enforcement of these provisions, ACE Trading would observe offloadings directly to a Amendment 16 would require vessels to All or a portion of a Sector’s ACE for dealer, while roving monitors would be submit trip-start and trip-end hail any NE multispecies regulated species used to monitor offloads to a truck for reports to the dockside/roving and at- or ocean pout stock may be transferred later delivery to a dealer. Such a sea/electronic monitoring service to another Sector at any time during the program would need to employ a providers and to NMFS Office of Law FY, and up to 2 weeks into the dockside/roving monitor service Enforcement, unless otherwise specified following FY. ACE transfers would be provider approved/certified by NMFS in a Sector’s operations plan, as further approved by the Regional Administrator based upon specific provider and described in this proposed rule. The through the submission of an ACE operational standards developed by the details for any dockside/roving and at- transfer request form that details the Gulf of Maine Research Institute and sea/electronic monitoring program must amount of ACE transferred and any members of the fishing industry, in be specified in each Sector’s annual compensation exchanged. The Regional consultation with NMFS, as further operations plans.

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Amendment 16 proposes that discards to submit weekly catch reports that fishing under either the common pool would be monitored through the use of detail Sector catch and discard for each measures, or under the restrictions and a Sector-specific assumed discard rate, stock allocated to that Sector, as conditions of an approved Sector unless NMFS deems that there are instructed by the Regional operations plan, use a VMS for each NE sufficient observer or at-sea monitor Administrator. Under this proposed multispecies trip. Consistent with data available to specify a Sector- rule, NMFS would require that Sectors existing VMS regulations, upon taking specific in season discard estimate for provide trip-level catch data, if either a common pool or a Sector trip, each stock/gear combination specified requested, to facilitate the auditing of a vessel issued a limited access NE in the FMP. Once sufficient data are Sector catch data to ensure that data multispecies permitted must maintain available, the Sector-specific in season used by Sectors are consistent with an operational VMS for the remainder of discard rate would apply to all trips those submitted to NMFS. This the fishing year. taken by Sector vessels for the additional requirement is based upon 16. Framework Items remainder of the FY, in lieu of the the provision in Amendment 16 that assumed discard rate. If a trip is would allow other requirements of Amendment 16 proposes that the observed by either an observer or at-sea Sector monitoring plans to be following management measures could monitor, the discards reported by the implemented, as directed by the be adjusted through a framework action, observer or at-sea monitor would be Regional Administrator. in addition to those measures currently used to document discards for that identified as framework measures in the Authorization of Sectors particular trip instead of using an FMP: Process for specifying and assumed discard rate, regardless of Amendment 16 would authorize 17 distributing ABCs and ACLs; trimester whether the Sector has developed an new Sectors and revise the provisions TAC distribution; Sector provisions, approved at-sea monitoring program for for 2 existing Sectors. These Sectors are including authorized Sectors; PSC that FY. described in Section 4.3.6 of the calculations; and any other provision The data and methodology used to Amendment 16 FEIS and include the implemented under the FMP. calculate a Sector-specific assumed or in GB Cod Hook Gear Sector, GB Cod 17. Corrections season discard rate is considered Fixed Gear Sector, Sustainable Harvest administrative measures necessary to Sector, Port Clyde Community This proposed rule would also correct administer the FMP and monitor Sector Groundfish Sector, Northeast Fishery a number of inadvertent errors, catch. As a result, the manner in which Sectors I through XIII, Tristate Sector, omissions, and ambiguities in existing such rates are calculated may change on and the Northeast Coastal Communities regulations in order to ensure a yearly basis. For FY 2010, NMFS Sector. All operational aspects of these consistency with, and accurately reflect proposes to calculate the assumed Sectors would be specified in their the intent of previous actions under the discard rate based upon observed trips annual operations plans, as submitted to FMP. The following proposed measures by Sector vessels during the previous NMFS. Details of these operations plans are listed in the order in which they FY, by stock and gear type, as specified will be published in the Federal appear in the regulations and indicate in Section 4.2.3.5.3 of the Amendment Register prior to their approval. the genesis of the regulation and/or the cause of the regulatory error. 16 FEIS. If there are insufficient data to 15. VMS Requirement develop an assumed discard rate at this In Framework Adjustment 42, the NE Multispecies Vessel Replacement level, a fleet-wide stock and gear discard Regulations rate would be used instead. When Council required all vessels fishing calculating these discard rates, under a NE multispecies DAS to use Most of the regulatory text regarding regulatory discards of legal-sized fish VMS. This was considered necessary to NE multispecies vessel replacements caused by trip limits would be excluded effectively administer and enforce many was implemented in 1996 by to represent anticipated behavior under of the area-specific measures proposed Amendment 7 to the FMP (61 FR 27709; Sectors. These assumed discard rates in that action. Although vessels May 31, 1996). On January 1, 2008, a would be calculated as often as participating in Sectors would no longer final rule that added additional practicable, and would be used to add be required to use a NE multispecies restrictions pertaining to vessel a discard estimate to each landing by a DAS under Amendment 16, and vessels replacements became effective (72 FR Sector vessel so that total catch can be issued either a limited access NE 43188; August 3, 2007), but the determined for each stock for each trip. multispecies Handgear A or Category C applicability of requirements to vessels Based upon available funding, NMFS permit were never required to use VMS with a Handgear A permit may not have intends to increase the NMFS-funded under Framework Adjustment 42, the been clear. This action would clarify the observer coverage to include FEIS neither explicitly requires Sector pertinent regulatory language to make it approximately 38 percent of Sector trips vessels to continue to use VMS, nor clear that although the replacement and 30 percent of common pool trips explicitly exempts Sector vessels and vessel size restrictions do not apply to during FY 2010, and possibly future those issued either a Category C or Handgear A vessels, the limitation on FYs. Handgear A permit from using VMS. one vessel replacement per year does Under Amendment 16, Sectors would Because the area-specific measures apply to these vessels. be required to submit an annual report implemented under Framework The proposed action would also to NMFS by July 1 of each year that Adjustment 42 would continue to apply, clarify the gillnet tag requirements details information necessary to and because Amendment 16 relies upon referred to in the permit application evaluate the biological, economic, and VMS as a medium to submit area requirements portion of the regulations. social impacts of Sectors. The report declaration, hail reports, and catch Framework Adjustment 40B eliminated would be required to include harvest information necessary to implement the gillnet tag requirement for Trip levels of all vessels for all federally provisions proposed under Amendment gillnet vessels, but the pertinent managed species, enforcement actions, 16, NMFS is proposing to revise the regulatory text in the permit and other information needed to existing VMS regulations at § 648.10 to applications requirements was not evaluate the performance of the sector. require that all vessels issued a limited modified. This rule would correct this In addition, Sectors would be required access NE multispecies permit and oversight.

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SNE/MA Yellowtail Flounder Trip Exemption Area. This action would Restricted Gear Area 1 point 72 to make Limit for the Atlantic Sea Scallop clarify that such vessels fishing in the the regulations consistent with Access Program GOM RMA must fish in the GOM Framework Adjustment 22 and the The regulations implementing the Scallop Dredge Exemption Area and are regulations implementing the American Atlantic sea scallop access program prohibited from fishing in any other part Lobster FMP. of the GOM RMA. This action also contain an incorrect trip limit for SNE/ Clarification of the DAS Leasing would clarify that only dredge gear may MA yellowtail flounder for vessels Program Regulations be used to harvest scallops in the GOM fishing in the Nantucket Lightship Scallop Dredge Exemption Area. Framework Adjustment 40B granted Access Area of 250 lb (113.4 kg) per trip each limited access NE multispecies between June 15 and June 30 and up to SNE Scallop Dredge Exemption Area permit owner a one-time opportunity to 1,000 lb (453.6 kg) per trip. This Amendment 13 implemented the SNE downgrade its DAS Leasing Program incorrect trip limit corresponds to an Scallop Dredge Exemption Area. The baseline. The rationale was that, in outdated seasonal yellowtail flounder existing regulatory text states that some cases, vessels are actually smaller trip limit implemented under general category scallop vessels and than the permit baseline attached to the Amendment 13. Framework Adjustment limited access scallop vessels not vessel (due to replacement of a vessel 42 to the FMP modified the SNE/MA fishing under a scallop DAS, fishing in with a smaller vessel) and downgrading yellowtail flounder trip limit, but the the SNE RMA ‘‘may’’ fish in the SNE the DAS Leasing Program baseline to the scallop regulations were not revised at Scallop Dredge Exemption Area. This actual specifications of the vessel the the time to reflect this change. This action would clarify that such vessels permit is associated with, would action would revise the Atlantic sea fishing in the SNE RMA must fish in the facilitate use of the DAS Leasing scallop access program regulations to SNE Scallop Dredge Exemption Area Program for those vessels. A cross reference the correct SNE/MA and are prohibited from fishing in any downgraded DAS Leasing Program yellowtail flounder trip limit. other part of the SNE RMA. This action baseline remains in effect until the DAS Regional Administrator Authority To also would clarify that only dredge gear Leasing Program expires, or the permit Modify or Delete an Existing Exempted may be used to harvest scallops in the is transferred to another vessel via a Fishery SNE Scallop Dredge Exemption Area. vessel replacement or through a DAS Lastly, the geographic area defined as transfer (unless the transferee vessel The process specifying the addition or the SNE Scallop Dredge Exemption Area baseline is adopted). deletion of an exemption was first currently extends west into the Mid- The regulations implementing implemented in 1994 through an Atlantic Exemption Area (MAEA), Framework Adjustment 40B failed to emergency rule (59 FR 63926; December which provides no benefit to fishers, as address the situation in which a DAS 12, 1994) and subsequently regulations specified for the MAEA do transfer results in a new DAS leasing implemented on a permanent basis by not include restrictions on scallop baseline created for the resultant single Framework Adjustment 9 (60 FR 19364; vessels such as exempted fisheries permit associated with the vessel (e.g., April 18, 1995). Under these similar to other exemption areas. a vessel adopts the length overall from regulations, the Regional Administrator Therefore, the western border of the the transferor and the horsepower from had the authority not only to approve SNE Scallop Dredge Exemption Area the transferee vessel). This action new exemptions, but also to modify or would be corrected to coincide with the proposes a clarification to the delete exemptions if they may eastern border of the MAEA. regulations that would allow a one-time jeopardize meeting fishing mortality DAS leasing baseline downgrade objectives. Amendment 13 to the FMP Reference to Midwater Trawl as opportunity for NE multispecies vessels modified this exemption to allow Exempted Gear that result from a DAS transfer. This greater flexibility to the Council and To address bycatch of juvenile modification is consistent with the NMFS, but inadvertently removed the haddock in the herring fishery, overall rationale for DAS Leasing language that explicitly provided Framework Adjustment 43 implemented Program baseline downgrades. authority to the Regional Administrator an exempted fishery that allows Clarification of DAS Transfer Program to modify or delete an existing midwater trawl gear to harvest herring. Regulations exemption. This rule would add such Concurrently this gear was no longer language back in the regulations. This classified as exempted gear. This Framework Adjustment 42 modified correction, which is consistent with proposed action would remove an and clarified the DAS Transfer Program Council intent, would allow greater incorrect reference to midwater trawl rules. Among these clarifications, flexibility to administer the exempted gear as exempted gear in the GOM Framework Adjustment 42 specified fishery program as NE multispecies Rolling Closure Area regulations that that ‘‘With respect to vessel baseline regulated species or ocean pout stocks was overlooked when Framework characteristics, the receiving vessel rebuild, while continuing to protect the Adjustment 43 was implemented. must adopt the smaller baseline of the NE multispecies regulated species or two vessels, or if the receiving vessel ocean pout stocks. Revised Coordinates for Restricted has not previously upgraded, it may Gear Area 1 adopt the larger baseline of the two GOM Scallop Dredge Exemption Area Framework Adjustment 22 to the FMP vessels. This would serve as the vessel’s Framework Adjustment 21 (62 FR and Framework Adjustment 4 to the one-time upgrade.’’ However, the 8404; February 25, 1997) implemented American Lobster FMP (March 10, 1997; regulations did not address whether or the GOM Scallop Dredge Exemption 62 FR 10747) closed four defined areas not the receiving vessel involved in a Area. The existing regulatory text to vessels using certain gear types DAS transfer could elect to upgrade a provides that limited access general during certain times of the year. The particular specification (e.g., length category scallop vessels and limited final rule implementing these gear overall) as part of the DAS transfer access scallop vessels, not fishing under closures inadvertently omitted point 72 transaction, and then upgrade another a scallop DAS, fishing in the GOM RMA of the inshore boundary of Restricted specification (e.g., horsepower) through ‘‘may’’ fish in the GOM Scallop Dredge Gear Area 1. This action would insert a subsequent action (either a vessel

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replacement or another DAS transfer). Framework Adjustment 42 modified the Request for Comments This rule would clarify that the upgrade U.S./Canada restrictions to allow vessels The public is invited to comment on of any baseline specification under the to fish both inside and outside of the any of the measures proposed in this DAS Transfer program precludes any Eastern U.S./Canada Area on the same rule. NMFS is especially interested in future upgrades through subsequent trip. Framework Adjustment 42 receiving comments on the following transactions. Secondly, Framework modified and renewed the SAP for a 2- proposed substantive measures: Adjustment 42 removed a requirement year period, but did not change the Description of the rope trawl, that the transferor vessel forfeit all other stowage provision. A later rule that integration of wolffish into the trimester permits (not required to be transferred), implemented gear performance TAC AM and the proposal not to but did not modify all the pertinent standards (72 FR 72967; December 26, include a trimester TAC trip limit regulatory text. This proposed rule 2007) allowed other gear to be stowed adjustment under this AM, as described would remove such text. when vessels were fishing in the Eastern in Item 6 of this preamble; potential U.S./Canada Management Area U.S./Canada Area, but neglected to disapproval of the GOM Haddock Restrictions modify the regulations that pertain Gillnet Pilot Program, as described in Amendment 13 implemented the specifically to the Eastern U.S./Canada Item 9 of this preamble; and NMFS’s U.S./Canada Management Area Haddock SAP to reflect this broader interpretation of the May 1, 2008, date regulations and provided the authority change. This action, therefore, would to determine eligibility for Sector for the Regional Administrator to correct the regulations to allow the participation, as described in Item 14 of modify various management measures stowage of other types of gear when this preamble. NMFS is also specifically of the U.S./Canada Management Area to fishing in the Eastern U.S./Canada seeking public comment on several prevent over-harvesting of the Eastern Haddock SAP, to be consistent with the measures proposed in this action that GB cod, Eastern GB haddock, or GB overall rules for the Eastern U.S./Canada are necessary to administer, enforce, yellowtail flounder TACs, or to facilitate Area. and implement provisions adopted by achieving the TACs for these stocks. The the Council in Amendment 16. These 18. Transfer of ACE by NOAA- U.S./Canada Management Area measures include: (1) Increased sponsored Permit Banks regulations were subsequently modified frequency of VTR submissions; (2) pre- trip observer notification requirements; by Framework Adjustment 40A and NMFS is proposing that any state- (3) description of the rope trawl for use other actions. The regulations pertaining operated permit bank sponsored by in RGAs; (4) DAS allocation and to the cod trip limit under the U.S./ NOAA be considered a Sector for the charging provisions for Sector vessels; Canada provisions in § 648.85 do not exclusive purpose of transferring ACE to (5) operational standards for dockside include language that states when 100 qualifying Sectors. NMFS is currently and at-sea monitoring programs, percent of the cod TAC is harvested, the working with the Maine Department of Eastern U.S./Canada Area will be including trip start and end hail reports; Marine Resources on a Memorandum of (6) details of Sector catch reports; (7) closed, as adopted in Amendment 13. Agreement that would establish a This closure provision is specified carry-over restrictions for unused ACE permit bank operated by the State of for transboundary stocks managed by elsewhere in the regulations (e.g., Maine and sponsored by NMFS. § 648.85(a)(3)(iv)(E)), but inclusion of the Understanding; (8) details for the Allowing a permit bank to lease ACE to AMs that would be triggered if the this provision in the context of the cod Sectors would facilitate the ability of the trip limit regulation would improve the overall ACL for a stock is exceeded, (9) permit bank to minimize any adverse understanding of this regulation. VMS requirement for Sector vessels; and socio-economic impacts to fishing (10) ACE trading provisions for permits Corrections to Stock Area Coordinates communities associated with catch- in a NOAA-sponsored permit bank. in the Regular B DAS Program share programs. While noting statutory constraints on its For the purpose of the Regular B DAS Permit banks would be allocated ACE flexibility to add any new substantive Program closures, stock areas were for a FY based on the PSCs of permits measures, NMFS encourages the public defined in Framework Adjustment 40A. owned by the permit bank that are to provide input on more effective, The area defined for the CC/GOM and declared as ACE permits for that fishing efficient, and less costly ways to SNE/MA stocks of yellowtail flounder year. Similar to the annual election implement the measures proposed overlapped slightly and contained errors decision of a permit holder to enroll his/ under Amendment 16. in the coordinates specified. This action her limited access NE multispecies Classification would correct the coordinates permit in a sector or fish in the common CCGOM12, CCGOM13, and SNEMA5 pool, a permit bank would make an Pursuant to section 304 (b)(1)(A) of through SNEMA16 to maintain annual declaration for each permit as the Magnuson-Stevens Act, the NMFS consistency with the areas adopted either an ACE permit or a DAS permit. Assistant Administrator has determined under Framework Adjustment 42. that this proposed rule is consistent All or a portion of a permit bank’s with Amendment 16 to the NE Eastern U.S./Canada Haddock SAP ACE for any NE multispecies stock Multispecies FMP, other provisions of Gear Requirements would be eligible for transfer to a the Magnuson-Stevens Act, and other Framework Adjustment 40A qualifying Sector at any time during the applicable law, subject to further implemented the Eastern U.S./Canada FY. Qualifying Sectors would be consideration after public comment. Haddock SAP Pilot Program. The final determined by the provisions of the Further, pursuant to section 303(c) of rule disallowed the use of the flatfish Memorandum of Agreement between the Magnuson-Stevens Act, the Council net in the SAP, but allowed the flatfish NMFS and the state operating the has deemed this proposed rule as net to be properly stowed on board the permit bank. Permit banks would only necessary and appropriate to implement vessel during such trips. At that time, be authorized to act as the transferor in Amendment 16. vessels were not allowed to fish inside an ACE transfer and would be The Council prepared a DEIS, which and outside of the Eastern U.S./Canada prohibited from acting as the transferee analyzed the impacts of all of the Area on the same trip. In 2006, in an ACE transfer. measures under consideration in

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Amendment 16. A notice of availability to join a Sector under Amendment 16, conditions, median gross sales by of the DEIS was published on April 24, including those held in CPH. Vessel commercial fishing vessels were just 2009 (74 FR 18705). In summary, the owners that possess only an open access over $200,000, and no single fishing alternatives considered would reduce permit would continue to be regulated entity earned more than $2 million. fishing mortality on most NE through effort controls under the Available data are not adequate to multispecies stocks, with impacts provisions of the common pool. identify affiliated vessels, so each varying among stocks and alternatives The proposed action would operating unit is considered a small considered. The alternatives considered implement changes affecting any vessel entity for purposes of the RFA. For in the DEIS would have met the holding a limited access NE regulated charter/party operators, the biological objectives for most, but not all multispecies permit, an open access median value of gross receipts from of the stocks managed by the FMP. The handgear permit (Handgear B permit), passengers was just over $9,000, and did alternatives considered have since been and vessels that hold an open access not exceed $500,000 in any year during revised to ensure that all alternatives charter/party permit. Based on FY 2007 2001 to 2007. Therefore, all regulated achieve the biological objectives of this data contained in Sections 6.2.3 and commercial fishing and all regulated action, with the exceptions noted above. 6.2.5.5 of the Amendment 16 FEIS, the charter/party operators are determined None of the alternatives considered are total number of small entities that may to be small entities under the RFA, and, expected to have adverse impacts on be affected would be 3,854 permit accordingly, there are no differential EFH or protected species beyond those holders, including 1,530 limited access impacts between large and small entities described by earlier actions. The permit holders, 1,292 open access under this proposed rule. economic impacts analyzed in the DEIS Handgear B permit holders, and 762 Economic Impacts of the Proposed have been revised based on changes to open access charter/party permits. Of Action the measures since the publication of the 1,292 vessels issued Handgear B the notice of availability and are permits, only 75 reported landing cod, Overall Measures summarized below in the discussion of suggesting that the number of such Revised Status Determination Criteria the IRFA. Although there would likely permits affected by this action may be and Rebuilding Programs be short-term negative economic and substantially smaller than the number of social impacts associated with this vessels actually issued Handgear B Amendment 16 would revise the action, there would likely be positive permits. However, past fishing activity status determination criteria for each long-term biological, economic, and may not be an accurate predictor of stock, implement new rebuilding social impacts as stocks rebuild and future fishing activity, particularly programs for stocks newly classified as more sustainable fisheries and fishing because Amendment 16 would overfished, and update existing communities are maintained. substantially increase cod possession rebuilding programs. The revised status This rule has been determined to be limits for vessels issued Handgear B determination criteria would produce a significant for purposes of E.O. 12866. permits. During FY 2007, 128 of the 762 MSY that is approximately 75 percent of An IRFA was prepared, as required by open access charter/party permit the MSY of the existing status section 603 of the Regulatory Flexibility holders reported taking at least one for- determination criteria. Accordingly, Act (RFA). The IRFA describes the hire trip, of which 74 reported keeping revenues associated with rebuilt stocks economic impact this proposed rule, if NE multispecies on one or more trips. under Amendment 16 would be adopted, would have on small entities. An additional 29 limited access permit expected to be less than under the A description of the action, why it is holders reported taking passengers for existing status determination criteria. being considered, and the legal basis for hire, of which 18 reported keeping NE However, the existing status this action are contained at the multispecies on one or more for-hire determination criteria are no longer beginning of this section in the trips. Thus, a total of 92 charter/party based upon the best available science preamble and in the SUMMARY. A operators participated in the charter/ and may not represent biomass or F summary of the analysis follows. In this party recreational NE multispecies levels that are sustainable. The new or analysis, the baseline (no-action fishery during FY 2007. As of revised rebuilding programs would alternative) is the set of measures that September 1, 2009, 723 vessels elected result in reduced yield and, therefore, were in place during FY 2008 (i.e., the to join a Sector during FY 2010, as reduced revenue in the short term for measures implemented prior to the FY determined through the submission of some stocks, but should lead to higher 2009 interim action). Tables and annual Sector operations plans. yields and revenues than those expected sections that are referenced in this IRFA However, vessels may withdraw from from the no action alternative in the refer to those contained in the FEIS Sectors until the beginning of FY 2010 long term when stocks are rebuilt. developed for Amendment 16. A copy on May 1, 2010. Therefore, because ABC/ACL Setting Process of this analysis is available from the participation in Sectors is voluntary, the Council (see ADDRESSES). number of vessels that will actually Amendment 16 proposes a process by participate in Sectors during FY 2010 which ABCs/ACLs would be established Description of and Estimate of the and future years is likely to fluctuate for each stock. Based upon National Number of Small Entities to Which the based upon whether joining a Sector or Standard 1 Guidelines, this process Proposed Rule Will Apply fishing under common pool measures would include setting ABCs and ACLs The proposed action would offers the greater economic advantage to below the OFL for each stock to account substantially change the provisions each individual vessel. for scientific and management developed under Amendment 13 The Small Business Administration uncertainty. This results in an affecting Sector formation and effort (SBA) size standard for commercial opportunity cost to all vessels that catch controls for commercial fishing vessel fishing entities (NAICS code 114111) is NE multispecies in the form of reduced owners that do not choose to join a $4 million in sales, while the size yield for each stock. In addition, this sector. Among vessel owners that standard for charter/party operators process would distribute the available possess a permit to land regulated (part of NAICS code 487210) is $7 ACLs among components of the fishery species or ocean pout, only limited million in sales. Available data indicate that catch NE multispecies, including access permit holders would be eligible that, based on 2005–2007 average both the directed commercial and

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recreational fisheries, and fisheries that selectivity or fishing patterns change to Measures Applicable to Commercial catch NE multispecies as bycatch. The target these smaller fish, the increase in Vessels allocation between commercial and revenue caused by landing smaller fish Common Pool Measures recreational fisheries may prove to would be offset by yield lost because constrain catches of each of those user those fish would not be harvested at The Closed Area Model (CAM) was groups, especially if future catch rates older ages and sizes. The gains from this used to estimate both the biological and economic impacts of effort controls differ from historical patterns. AMs measure will likely fluctuate as year proposed under Amendment 16. This would be specified for the directed class size changes. When a large year fisheries, but most fisheries that catch model has been successfully employed class enters the fishery, as was the case to estimate the impacts of previous minor amounts of NE multispecies as with the 2003 year class in 2007 and bycatch would not be subject to any actions. The details of the latest 2008, this measure would have more of iteration of the CAM, including AMs due to the high administrative cost an impact on revenues than when and complexity associated with improvements made to the model since average or below average year classes monitoring catch in these fisheries. it was last used to evaluate the impacts recruit to the fishery. However, because an overage in the of Framework Adjustment 42, are total ACL for any stock would need to Amendment 16 would increase the detailed in Appendix II of Amendment be made up by the component of the NE minimum size limit for Atlantic halibut 16. multispecies fishery that is subject to to 41 inches (104.1 cm) to reflect the Since the number of vessels that AMs, the directed fishery would be median length at maturity for female would join a Sector was not known at subject to reductions in catch and the halibut in the GOM and increase the time the economic analysis contained in the Amendment 16 FEIS associated economic impacts as a result opportunities for additional halibut to was completed, the economic impacts of of any AMs triggered by an overage in spawn prior to capture. Available data the proposed action effort control other fisheries. indicate that revenue from landings of measures reported in Section 7.5.11.1.3 Simultaneous Issuance of a Limited Atlantic halibut ranged from $96,000 in were based on the assumption that no Access Atlantic Sea Scallop and a CY 2004 to $232,000 in CY 2007. new Sectors were formed. Under this Limited Access NE However, the mean size of landed fish assumption, vessels operating under the was 35.6 inches (90.5 cm), less than the common pool may be expected to Multispecies Permit current minimum size of 36 inches (91 experience total fishing revenue losses This measure would enable vessel cm). Therefore, assuming full of 9.8 percent ($15.4 million) relative to owners to make more efficient use of compliance with the increased size a 2005–2007 baseline. This impact is existing capital by allowing limited limit, the proposed action would likely only slightly larger than the estimated access scallop permit holders to acquire reduce revenue from landings of reduction in revenue associated with a limited access NE multispecies permit Atlantic halibut, but by an unknown the interim action measures (9.5 and vice-versa, resulting in higher amount. percent, or $14.8 million) using the profitability and lower costs associated same 2005–2007 baseline. This means with operating two separate vessels. Reporting Requirements that the aggregate impact of the Because the scallop fleet has access to proposed action may have only slightly Amendment 16 proposes a series of more capital and is generally located in higher economic impacts beyond those new reporting requirements that would SNE, the proposed action could change expected to occur as a result of the 2009 the distribution of NE multispecies involve costs to vessels issued a NE interim action. However, since there are activity as well as the competitive multispecies permit and operating substantial differences between the 2009 position of NE multispecies vessels to either under a NE multispecies DAS or interim action and the proposed action, focus fishing effort on GB and SNE on a Sector trip. These vessels would be the impacts may be expected to differ stocks of NE multispecies. Based upon required to declare the broad stock areas among participating vessels even though analysis included in Section 7.5.1.2.9 of to be fished prior to each trip and, for the aggregate estimated impacts were Amendment 16, the major NE vessels fishing in multiple broad stock similar. multispecies principal port states— areas, an estimate of landings of each Estimated impacts for the proposed Maine, New Hampshire, Massachusetts, species from each broad stock area prior action suggest that the impact on fishing and Rhode Island—are likely to to returning to port. These reports revenue may be expected to be larger on experience a net loss in the number of would be sent via VMS at a cost to smaller vessels, in terms of length NE multispecies permits by the industry of approximately $0.764 per overall, compared to larger vessels. acquisition of limited access NE declaration, or approximately $1,910 for Similarly, impacts on gillnet vessels multispecies permits by scallop vessel all vessels each year. The vessels most tended to be higher than impacts on owners, as will New York. Connecticut, affected by this provision include those trawl vessels. These tendencies may be New Jersey, and Virginia could see a net that fish at least part of a trip in the a reflection of the differential impacts increase in the number of NE Inshore GB Stock Area 2, an area just off associated with Trip or Day gillnet boat multispecies permits. the eastern shoreline of Cape Cod, MA— status. That is, both Trip and Day boats are affected by the same DAS reduction. a smaller area that is often fished in Size Limits for Haddock and Atlantic However, the 24-hr clock is likely to during multi-area trips. In addition, Halibut have a larger impact on Day boats, since these vessels would be required to Amendment 16 would decrease the most Day-boat trips are less than 24-hr haddock minimum size limit to 18 provide a pre-trip notice via a call to the in duration. In some respects, the 24-hr inches (45.7 cm). Reducing the NMFS NEFOP to facilitate the clock has economic effects that are minimum size for haddock would allow deployment of observers, but this would similar to differential DAS counting, the landing of some undersized fish that not result in any additional costs to since the number of trips that may be would otherwise be discarded, and industry participants. taken given the same allocation of DAS increase fisheries revenues, provided is reduced. The extent to which the gear selectivity does not change. If increased trip limit for GOM cod

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mitigates this effect on Day boats is increase from 1,000 lb (453.6 kg) per trip that has been conducting fishing trips uncertain, however. to 1,500 lb (680.4 kg) per trip (the daily that are longer than 24 hr in duration, The proposed action would limit would be maintained at 250 lb but may increase the break-even DAS implement two restricted gear areas that (113.4 kg) per DAS). Additionally, since needed for vessels that have been would limit the use of fishing gear to vessels with these permits are not conducting fishing trips that are less gear that meet specified performance regulated by DAS, they would not be than 24 hr in duration. While the trip characteristics and would reduce subject to the proposed commercial limit changes may offset some of the bycatch of flatfish—winter flounder and common pool AMs. Given the economic need for additional DAS for vessels that yellowtail flounder in particular. The considerations presented by the effort fish in the GOM and GB, it is unlikely designated restricted gear areas control measures, vessels with limited that the same benefits will occur in the correspond to the SNE/MA stock areas access Category C or Handgear A SNE area due to the prohibition on the for these two species. Vessels that elect permits may be expected to have retention of SNE/MA winter flounder. to fish in the common pool would be comparatively little PSC to bring to a Although carry-over DAS from the required to adopt specialized gear at an Sector, and may be expected to have previous FY, and DAS available through estimated cost of $13,000 for a complete substantially improved economic the DAS Leasing Program, may setup, or about $750 per vessel to opportunities under the common pool potentially mitigate the potential modify existing gear. Sector vessels measures compared to the FY 2009 shortage of available DAS, overall, there would not be subject to the restricted interim action. In fact, none of the 11 are not enough Category A DAS to cover gear area provisions. limited access Category C permit annual fixed costs. However, for vessels Amendment 16 proposes to increase holders had elected to join a Sector as that can access and participate in the trip limits for cod and yellowtail of September 1, 2009, and only 6 of the CA I Hook Gear Haddock SAP, the flounder, but prohibit the retention of 130 Handgear A permit holders had Regular B DAS Program, the Eastern SNE/MA winter flounder, windowpane elected to join a Sector. Of the U.S./Canada Haddock SAP, and/or the flounder, ocean pout, and Atlantic remaining 522 limited access NE modified CA II Yellowtail Flounder/ wolffish. The increased possession limit multispecies vessels that had not Haddock SAP, there may be enough for cod may be expected to offer elected to join a Sector, 337 DAS permit opportunities to use Category B DAS improved economic opportunities to all holders had no Category A DAS, of that the vessels can cover fixed costs. common pool vessels, but particularly which 164 had not qualified for a PSC DAS Leasing and Transfer Revisions to vessels currently issued a NE for any stock. These vessels may still be The DAS Leasing and Transfer multispecies Handgear B permit, able to participate in the NE Programs would be revised under including the 75 vessels that have multispecies fishery, but would only be Amendment 16 to facilitate recently landed cod under this permit, able to do so through the DAS Leasing and fishing businesses that may acquire participation in these programs by Program. Among the vessels that did not such a permit in the future. The allowing permits in CPH to participate, join a Sector and either had some PSC expected economic impacts of the eliminating the DAS conservation tax in and/or had been allocated at least one collective suite of revisions to trip limits the DAS Transfer Program, and by Category A DAS, the reasons for electing are captured in the cumulative analysis eliminating the cap on DAS that may be to remain in the common pool are of common pool measures described leased. Allowing permits in CPH to uncertain. Many of these vessels may above. Given recent landings trends, the participate in this program would have had low PSCs, may have not been proposed prohibition on the possession eliminate some of the administrative accepted by any Sector, considered the of Atlantic wolffish would reduce burden and costs associated with cost of joining a Sector to be too high, commercial fishing revenues, including activating a permit, such as postage, revenues by both common pool and or made a business decision in which documentation fees, etc. Eliminating the Sector vessels, by roughly $100,000 to the economic opportunities of fishing conservation tax for DAS transfers $150,000 per calendar year. These lost under effort controls to be superior to would likely encourage participation in revenues would not be replaced in the joining a Sector. this program. However, while near future unless the stock rebuilds An evaluation of the number of eliminating the conservation tax may rapidly, which is not expected. Category A DAS that are necessary to improve the financial gain to the owner The principal common pool effort cover annual fixed costs is described in through increased opportunities to fish controls under the proposed action (i.e., Section 7.5.1.3.1.2 of Amendment 16. (i.e., more DAS or ACE) and reduced DAS reductions and 24-hr DAS This analysis suggests that the total operation costs, such gains may not be counting) would apply to limited access number of Category A DAS needed for sufficient to offset the financial loss vessels that are managed by DAS (i.e., all limited access permit holders that associated with having to give up vessels issued a limited access NE participated in the NE multispecies duplicate permits as part of this multispecies Category A, D, E or F fishery to break even were estimated to program. Note that this financial loss permit), but would not affect either be 34,078 DAS. However, many vessels may be in terms of business equity Category C permits (small vessel cannot break even on their DAS rather than a loss in current fishing exemption), or Handgear A vessels. allocations alone, and rely on the DAS income or profitability since the value While the DAS restrictions would not Leasing Program to acquire the of retaining two vessels with a suite of affect these vessels, they would benefit additional DAS needed to remain permits may be larger than the value of from the same increase in trip limits profitable. The proposed action would a single vessel with the same number of applicable to DAS vessels, including the reduce Category A DAS by 50 percent DAS but fewer permits. Finally, by change in trip limits for GOM cod and and is expected to result in about 22,000 removing the DAS leasing cap, one CC/GOM yellowtail flounder under allocated Category A DAS. The two vessel can fish all of those DAS, common pool measures. The GOM cod proposed changes to DAS charging reducing the fixed costs of maintaining possession limit would be increased measures (i.e., 24-hr DAS counting and two vessels and increasing the from 300 lb (131.6 kg) to 750 lb (340.2 elimination of differential DAS efficiency of operating multiple vessels. kg) per DAS, while the overall CC/GOM counting) would have little impact on Because the CAM has been revised to yellowtail flounder trip limit would the break-even DAS needed for a vessel account for exchanges of DAS through

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the DAS Leasing Program based upon Common Pool AMs impacts based upon the measures previous individual vessel participation implemented at that time. For common pool vessels, a in the DAS Leasing Program, the ability Sector Measures of the DAS Leasing Program to help differential DAS counting AM would be mitigate the economic impacts of implemented for FYs 2010 and 2011, The proposed action would allow any proposed effort controls is incorporated while a trimester TAC AM with vessel owner that holds a limited access into the overall economic impacts of associated area closures and trip limit NE multispecies permit to join a Sector, common pool measures, as discussed adjustments would be implemented for or remain subject to the effort controls above. FY 2012 and beyond under the of the common pool, offering vessel proposed action. Generally, increasing owners greater flexibility in making SMPs and SAPs the differential DAS rate throughout the business decisions. This means that the fishery as a result of an ACL overage decision whether or not to join a Sector Amendment 16 would revise the would reduce the number of DAS may be expected to be based on whether existing SAPs to facilitate the targeting available to the fishery and make it joining a Sector, or opting to stay in the of healthy stocks of haddock, including more difficult for NE multispecies common pool, offers the greater the continuation of the Eastern U.S./ fishing vessels to recover fixed costs. If economic advantage. Since Sectors Canada Haddock SAP, and would revise the differential DAS rate is reduced would be granted a set of universal the provisions of the Regular B DAS because catches are below ACLs for all exemptions and may request additional Program to reduce catch of pollock in stocks, the opposite occurs: More DAS exemptions from other regulations, this program to rebuild this stock. become available and revenues and Sector vessels may be able to operate in Changes to the CA I Hook Gear Haddock profits would be expected to increase. a more economically efficient manner. SAP would provide greater access to the Changes in differential DAS counting in For example, trawl vessels in Sectors are SAP among Sector and common pool one area and not another may result in likely to increase catch rates and fish vessels alike. The overall haddock TAC effort shifts that not only modify the fewer days, reducing trip costs and for this SAP would still limit the total expected biological impacts of the increasing profitability. However, the economic gain and potential removals measure, but that could alter the economic benefits of Sector from the SAP, but since the TAC had economic impacts. Increased fishing in participation also depend on ACE not been reached in the past, these areas that are not subject to differential allocations. Because Amendment 16 changes increase the likelihood that the DAS counting as a result of proposes to prohibit the possession of SNE/MA winter flounder, it would be full benefit from the SAP would be implementing differential DAS counting difficult for sectors using trawl, and realized. Changes to the CA II Yellowtail in other areas under this AM might perhaps gillnet gear, to identify fishing Flounder/Haddock SAP would also result in higher landings of certain techniques that can be used in the SNE/ increase economic return to species of fish from these areas that MA stock area without catching SNE/ participating vessels, as more of the depress prices for such stocks and MA winter flounder—particularly if the available Eastern GB haddock TAC reduce revenues for vessels fishing in available to U.S. vessels would likely be vessels intend to target yellowtail these areas. Further, if the differential flounder. For this reason, certain Sectors harvested. However, given its distance DAS AM is triggered by an ACL overage from shore, vessels able to take that intend to operate in this area may for a minor stock, yields for all stocks receive limited economic benefits from advantage of this economic opportunity caught in the area would be reduced, would be limited to larger vessels. There this action, and joining Sectors may even those that are healthy. Thus, actually limit fishing opportunities for would be some costs incurred to vessels may be affected by differential participate in this SAP, as specific gear vessels that operate in these areas. DAS counting due to an overage for a Sectors would have to bear the is required, but these costs are likely to stock that they may not even catch. be incurred anyway as the vessels that administrative costs associated with Starting in FY 2012, the triggering of administering and monitoring Sector fish in this SAP probably have already area closures and revisions to trip limits obtained the gear to fish in the Eastern operations, including costs associated under the trimester TAC AM may with a Sector manager, dockside U.S./Canada Haddock SAP and the disrupt the market and result in Eastern U.S./Canada Area. monitoring, and at-sea/electronic fluctuating prices. This system would monitoring. The magnitude of the The elimination of the SNE/MA also impose additional costs on administrative costs for Sector Winter Flounder SAP under common pool vessels, as they would be formation and operation was estimated Amendment 16 would prohibit vessels responsible for paying for dockside to range from $60,000 to $150,000 per fishing for summer flounder in western monitoring costs for 20 percent of Sector, and the potential cost for SNE from landing up to 200 lb (90.7 kg) common pool trips. Unlike Sectors, dockside and at-sea monitoring ranged of SNE/MA winter flounder without the common pool vessels would remain from $13,500 to $27,000 per vessel. use of a NE multispecies DAS. Based on subject to the inefficiencies of the effort Although these estimates are uncertain, historical data, it is likely that the control system and are limited in their they serve to illustrate the fact that the revenue losses from this change will not ability to modify behavior to increase potential administrative costs associated exceed $200,000 per year and are likely profits and absorb the increased with joining a sector may be expected to to be closer to $150,000. Since this reporting costs. Over the long-term, the influence a vessel owner’s decision. At action also proposes to prohibit the implementation of effective AMs would least for FY 2010, the majority of these possession of SNE/MA winter flounder, be expected to contribute to rebuilding administrative costs would likely be even if a vessel is allocated NE of NE multispecies stocks as biological subsidized by NMFS. Whether these multispecies DAS, it may incur an objectives are achieved. This would be subsidies, which include providing opportunity cost by not being able to expected to increase the revenues for financial support for preparation of use those DAS to land SNE/MA winter the commercial fishery and the Sector EAs, dockside monitoring, and flounder, but could gain back some recreational harvest as fishermen benefit at-sea monitoring, will continue beyond losses by leasing those DAS to another from stock rebuilding. However, specific FY 2010 is not known. Nevertheless, vessel. AMs could have different economic these subsidies may make joining, or

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continuing to participate in a Sector a Measures Applicable to Recreational haddock were kept occurred in the more attractive economic alternative and Charter/Party Vessels GOM, to the extent that charter/party during FY 2010 than otherwise. The proposed action would demand is influenced by the chance to However, since Sectors are self- effectively continue most of the keep more fish, passenger demand may selecting, some vessel owners may not management measures implemented be expected to increase for GOM be accepted into the Sector of their under the 2009 interim action, with the charter/party operators. Unlike the charter/party passengers in choice, or any Sector at all. Vessel exception of the GB cod trip limit of 10 the GOM, anglers taking charter/party owners with little or no PSC to cod per person per day for charter/party trips may be affected by the prohibition contribute to a Sector’s overall ACE may vessels. For this reason, the proposed on keeping SNE/MA winter flounder. find it difficult to find a Sector that will action would not have any economic Compared to angler response to the accept them and may be forced to impacts over and above what had GOM cod closure, adverse angler remain in the common pool. previously been analyzed, but would response to this measure may be larger The proposed action would allow likely have fewer economic impacts because it would affect all trips, not just ACE to be traded between Sectors to than the 2009 interim action due to the trips during a particular season. The provide additional flexibility in the absence of a possession restriction on event that: (1) The initial portfolio of prohibition on retaining winter flounder GB cod for charter/party vessels. The may be particularly sensitive, since the ACE for each Sector does not match the manner in which the realized economic Sector’s desired ACE portfolio, or (2) a winter flounder season is short and impacts during FY 2009 and continuing occurs during early spring when the Sector exceeds its ACE and needs into FY 2010 and beyond may differ additional ACE to cover the overage and availability of substitute species is from that discussed below cannot be limited. Angler trip demand is believed continue fishing. The qualification assessed at this time because FY 2009 criterion used to compute the PSC for to be driven by expectations, and the will not end until April 30, 2010. A full extent to which those expectations may each stock means that allocations of description of the economic impacts of ACE may or may not be consistent with be constrained by regulation may be proposed recreational measures is anticipated to influence demand. This recent fishing patterns. While inter- included in Section 7.5.1.3 of Sector trading of ACE will allow Sectors measure is likely to have a larger impact Amendment 16. on charter/party operators from Rhode to balance initial and desired quota Available data indicate that about allocations, this is not likely to be a Island to New Jersey. Since the number two-thirds of the 92 charter/party of trips that also landed haddock is costless transaction. Based on Sector vessels that participated in the NE likely to be comparatively small, rosters submitted to NMFS as of multispecies fishery during FY 2007 reduced passenger demand for trips in September 1, 2009, the potential would not be adversely affected by the the SNE/MA area may not be expected shortfalls or surplus in ACE for any proposed action. These vessels did not to be offset by the reduction in the given Sector was evaluated for each take any trips in the GOM during April haddock size limit. Sector. For several Sectors, there was 1 to April 15 on which cod were In addition to the measures reasonable correspondence between retained, and did not report keeping any implemented by the 2009 interim recent landings and the Sectors’ ACE. In winter flounder in the SNE/MA stock action, the proposed action would other cases, Sectors either have area. The remaining 29 participating remove the limit on the number of substantial potential surplus or deficits, vessels were estimated to lose an hooks, remove the prohibition on depending on the stock. Thus, some average of $10,393 in sales annually due filleting fish at sea, establish a process Sectors may need to rely upon ACE to potential lost passengers as a result of for implementing AMs if a sub-ACL trading to ensure that sufficient ACE is the proposed measures for the specified for the recreational fishery is available to maintain fishing operations, recreational fishery. exceeded, revise the minimum size limit at least when compared to recent fishing The realized impact on charter/party for Atlantic halibut, and prohibit the activity, even though it is unclear vessels is uncertain, since impacts retention of Atlantic wolffish. The whether recent fishing patterns by depend on angler response to any one removal of the hook limit and the participating vessels would continue of the proposed measures. These prohibition on filleting fish at sea would under Amendment 16. responses may be expected to have provide some economic relief to charter/ The economic impacts of the different impacts depending on where party operators, although the relative proposed Sector measures cannot be charter/party operators are located. The magnitude of this relief is uncertain. reliably quantified, since any given majority of charter/party operators from Removal of the limit on hooks would Sector may be expected to operate in a Maine, New Hampshire, and likely increase the probability of different manner. A quantitative Massachusetts take trips exclusively in catching NE multispecies, resulting in estimate of the economic impact of the the GOM. Passenger demand in these higher catch rates. Higher catch rates proposed action effort control measures three states would only be adversely may also increase the probability of on fishing businesses were reported in affected by the 2-week extension of the catching a legal sized fish and the Section 7.5.11.1.3 of Amendment 16. closed season on GOM cod. While number of legal-sized fish that may be However, a more precise estimate of the charter/party operators may be expected kept. This is particularly important in economic impact of each Sector is to try to shift trips that would otherwise so-called meat fisheries where the expected to be included in the have taken place during early April to opportunity of landing larger numbers environmental assessment later in the month, or into May, the of legal-sized fish for personal accompanying annual Sector operations ability to do so may be limited. At least consumption is an important factor plans submitted to NMFS for approval some of the impacts of the extended influencing participation in the fishery. and implementation for FY 2010. Since closure may be offset by the reduction Therefore, removal of the hook limit joining a Sector is voluntary, the in the haddock size limit, as this action would enhance the value of a economic impact on individual small would increase the number of recreational fishing trip, even if the fishing businesses that choose to join a opportunities for charter/party number of fishing trips does not change. Sector may be expected to be less than passengers to keep more haddock. Since The magnitude of these economic that estimated for the common pool. the majority of occasions where benefits is uncertain as economic

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studies of the relationship between economic impacts from this measure. haddock resources, which may at least improved catch rates and improved However, each future framework action help offset reductions in revenue recreational fishing values have yet to would need to contain an analysis of expected from increased effort controls be conducted. However, the economic economic impact when applicable. necessary to rebuild overfished stocks. benefits of improved catch rates may be Although some of the proposed effort Measures Proposed To Mitigate Adverse offset if the catch exceeds the ACLs reductions would convert Category A Economic Impacts of the Proposed specified for the recreational fishery and DAS to Category B DAS, this may Action triggers AMs. Because any AMs would increase incentives to fish more reduce the catch of cod and haddock by The proposed action contains a selectively within these SAPs to enable the recreational fishery (the only two number of measures that would provide vessels to avoid stocks of concern and stocks that would be allocated a small entities with some degree of continue fishing under a Category B recreational sub-ACL under flexibility to be able to offset at least DAS, thereby maximizing the economic Amendment 16), if AMs are triggered, some portion of the estimated economic return on available Category A and B the value of a recreational trip would be impacts associated with proposed DAS. Therefore, when compared to the decreased, although the magnitude of measures. The major mitigating no action alternative for each of these that decrease would depend upon the measures include revisions to the DAS revisions to existing SAPs, the proposed AM implemented. Since the AMs Leasing and Transfer Programs; action would offer increased economic proposed in this action would only be revisions to existing SAPs to facilitate benefits in the form of greater access to, developed once an overage has the targeting of healthy stocks of and revenue from, available haddock occurred, the expected impacts of such haddock; revisions to Sector measures; resources. AMs cannot be predicted in this action, and increased trip limits for certain The proposed action would increase but would be analyzed in the action to stocks. trip limits for several species, most implement such AMs, once triggered. As noted above, changes to the DAS notably GOM and GB cod, and CC/GOM However, such AMs are likely to be Leasing and Transfer Programs are and SNE/MA yellowtail flounder. These based upon existing measures such as intended to eliminate administrative trip limits are intended to offset the seasonal closures for GOM cod, and bag/ obstacles that limited participation in substantial effort reductions in the form size limits for both GOM cod and GOM these programs. This is likely to of reductions in Category A DAS and haddock. Therefore, because these increase participation in these programs 24-hr DAS counting proposed under measures would reduce opportunities to and increase the economic efficiency of Amendment 16. Because of the catch these stocks, recreational AMs vessel operations and increase the commingled nature of the NE would likely decrease both the possibility that vessels fishing under a multispecies fishery, effort reductions opportunity to catch fish in the NE multispecies DAS, particularly necessary to meet the rebuilding recreational fishery and the value of common pool vessels, would be able to objectives of one overfished stock often recreational trips for these stocks. At-sea acquire sufficient DAS to meet annual result in excessive effort reductions of filleting of fish may be expected to operating expenses and remain other stocks. Therefore, the proposed increase the quality of services that economically viable despite additional revisions to trip limits are expected to charter/party operators may offer to effort controls in the NE multispecies narrow the gap between F reductions their customer base. Whether this fishery. These benefits would not accrue achieved and F reductions necessary for service increases the demand for under the no action alternative for each these stocks under this action. As a charter/party trips is uncertain, but it of these measures, therefore the result, these trip limits would not only would increase the overall value of the proposed action is preferable to the no meet the biological objectives of this recreational fishing experience. The action alternative to minimize the action based upon supporting analysis change in Atlantic halibut size limit economic impacts of proposed in Amendment 16, but would also may be expected to have negligible, if measures. increase revenue for common pool any, economic impacts on the Revisions to the existing SAPs would vessels. Therefore, the proposed action recreational NE multispecies fishery, as facilitate the harvest of haddock by would result in fewer economic impacts recreational catch of Atlantic halibut is continuing the Eastern U.S./Canada than the no action alternative for the very low, with only two Atlantic Haddock SAP, expanding both the common pool and is the preferred halibut, of unknown size, estimated to season and area for the CA I Hook Gear alternative under Amendment 16. be caught by charter/party vessels in Haddock SAP, and revising the existing Finally, several of the revisions to any one FY. A prohibition on the CA II Yellowtail Flounder SAP to Sector measures could help mitigate the retention of Atlantic wolffish would provide opportunities to access CA II to economic impacts of the proposed result in some reduction in economic target haddock even when there is action. Under Amendment 16, all value to recreational NE multispecies insufficient GB yellowtail flounder TAC approved Sectors would be exempt from anglers, although the magnitude of this to support a targeted fishery for GB several provisions, including portions of reduction is uncertain. Although the yellowtail flounder both inside and the GOM Rolling Closure Areas, NE economic value for anglers that may outside the existing CA II Yellowtail multispecies DAS restrictions, seasonal target wolffish may be expected to be Flounder SAP. These revisions would closure areas, trip limits on stocks negative, these trips represent such a increase the likelihood that the fishery allocated to Sectors, and the small proportion of total angler trips would harvest more of the abundant requirement to use 6.5-inch (16.51-cm) that the magnitude of total economic stocks of haddock, particularly on GB. mesh when using selective trawl gear on impact is likely to be small and unlikely Available TACs for GB haddock have GB with a 6-inch (15.24-cm) codend. All to appreciably affect the demand for been underharvested in recent years in of these measures would help increase charter/party trips. part because of limited access to the operational efficiency of Sector potentially higher concentrations of vessels and would likely lead to Frameworkable Measures haddock within CA II. This proposed increased revenue for participating The Council has submitted, for action would increase such access and vessels. Because Sector vessels would approval, a number of measures that likely lead to increased vessel revenue no longer be limited by DAS allocations would be frameworkable. There are no due to increased catch of available and would instead be limited by their

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available ACE, the economic incentive self-selecting groups, they provide formed and that all vessels issued a changes from maximizing the value of incentives to self-govern and assurance limited access NE multispecies permit all species on a DAS to maximizing the to participating vessels that Sector would operate under the effort controls value of the ACE. This change places a members would not face catch of the common pool. A detailed premium on timing of landings to reductions as a result of overages by comparison of estimated economic market conditions, as well as changes in other Sectors or the common pool. impacts between the proposed action the selectivity and composition of Under the no action alternative, none of and the non-selected alternatives may species landed on fishing trips. Based the above benefits associated with the be found in Section 7.5.11.1.6 of upon an evaluation of the economic proposed revised Sector would be Amendment 16. performance of vessels participating in realized. Therefore, the proposed action Because the economic impact analysis the current GB Cod Hook Sector, a is preferable to the no action alternative for these alternatives assumed that no Sector that has been in operation since for these measures. In addition, because Sectors would be formed under FY 2004, the average revenue per the proposed action preserves the value Amendment 16, the small entities individual Sector member nearly of investments made to participate in affected by these alternatives include all doubled between FY 2004 and 2008. the existing Sectors, all of the additional vessels issued a limited access NE Whether this difference in efficiency alternatives to PSC calculations (i.e., multispecies permit or an open access was because of the flexibility associated Alternatives 2, 3, and 4) not selected by NE multispecies Handgear B permit. In with regulatory exemptions or a self- the Council under Amendment 16 terms of total fishing revenue, the selection effect is not known. would devalue such permits and reduce aggregate impact of the proposed action on such vessels is expected to be lower Nevertheless, available information is the GB PSC allocated to such permits by (a 9.8-percent reduction, or $15.4 suggestive that economic performance 2 percent. million) than the impacts of Alternative among Sector vessels may be expected Economic Impacts of Alternatives to the 2A (14.7-percent reduction, or $23.1 to improve relative to continuing to Proposed Action million) and Alternative 4 (18.5-percent remain under effort controls. In order to Measures Applicable to Commercial reduction, or $29.2 million). However, maximize the value of ACE available to Vessels the aggregate economic impact of the no Sectors, this proposed action would action alternative (a 7.7-percent allow Sectors to trade ACE. ACE trading Overall Impacts reduction, or $12.2 million) would be would also help ensure that Sectors The no action alternative would not lower than that expected from the have sufficient ACE available to implement new rebuilding programs for proposed action. Similar patterns are continue operations in key stock areas overfished stocks or revise mortality observed when evaluating changes in and match individual Sector ACE targets for existing rebuilding programs. revenue where regulated species and portfolios with recent fishing activity by For some stocks, the existing ocean pout were the predominant participating vessels or available fishing Amendment 13 mortality targets are species landed. For example, the no opportunities. In addition, vessels that higher than the proposed revisions, but action alternative would result in a 12.1- declared their intent to participate in for others, the existing rebuilding targets percent reduction ($12.2 million) in NE one of the existing Sectors would be are lower than those in the proposed multispecies revenue, Alternative 2A allocated GB cod based upon landings action. Therefore, the no action would result in a 22.9-percent reduction history of this stock between FYs 1996 alternative would produce both higher ($23.1 million) in NE multispecies through 2001. This was meant to and lower landing streams for particular revenue, Alternative 4 would result in a increase the stability of Sector stocks in the short-term. In general, 28.9-percent reduction ($29.2 million) allocations and preserve the value of however, it would be expected that the in NE multispecies revenue, but the existing Sector permits, particularly for no action alternative would lead to proposed action would result in a 15.2- those vessels that invested in permits lower landing streams over the long- percent reduction ($15.4 million) in NE with high landings histories of this term. In addition, because the no action multispecies revenue. Among the stock during this period. The selection alternative would not implement alternatives considered, Alternative 4 of Option 5 (using landings history rebuilding programs for five stocks tended to have larger adverse impacts between FY 1996 and 2001 for newly classified as being overfished, on fishing businesses across home port calculating the GB cod PSC) under the landing streams for these stocks would states and dependence on NE proposed action would increase the PSC likely be lower over the long-term multispecies for total fishing income. available to such vessels by because continued fishing at existing Alternative 2A tended to have larger approximately 2 percent. This action levels would not rebuild the stock. adverse impacts on vessels from Maine would also provide the Regional Accordingly, over the long-term, the no and Massachusetts, while the proposed Administrator with the authority to action alternative would result in fewer action impacts were larger for vessels exempt Sector vessels from some of the economic benefits from rebuilt stocks from New Hampshire as well as from proposed reporting requirements for compared to the proposed action. SNE and MA states. However, due to multi-area trips or when participating in In addition to the proposed action, differences in fishing strategies at the SMPs. This may reduce the operational three other effort control alternatives for individual business level, one costs by vessels, as they would not be commercial vessels were considered. alternative may provide regulatory relief required to submit daily or trip-level These alternatives included the no for some vessels, but may prove more catch reports via VMS, reports that action alternative (Alternative 1), an burdensome for others. There was no could cost as much as $0.764 per alternative that relied on increased use one alternative that would have submission. Finally, this action would of differential DAS (Alternative 2A), and provided regulatory relief for all fishing authorize 17 new Sectors. Sectors allow another alternative (Alternative 4) that businesses. participating vessels to pool harvesting would have implemented a 40-percent Section 7.5.1.3.1.2 of Amendment 16 resources and consolidate fishing effort reduction in DAS from DAS allocations discusses the number of DAS that are onto fewer vessels to increase the in FY 2006 along with restricted gear necessary to cover annual fixed costs for flexibility and economic efficiency of areas. Alternatives 2A and 4 assumed the range of alternatives considered in fishing operations. Because Sectors are that no additional Sectors would be Amendment 16. According to this

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analysis, the total number of Category A objectives of the FMP, including proposed action would have refunded DAS needed for all limited access implementing rebuilding plans for any DAS lost due to the DAS permit holders that participated in the newly overfished stocks and reducing F conservation tax in the DAS Transfer NE multispecies fishery to break even for all stocks necessary to rebuild stocks Program, this would have only were estimated to be 34,078 DAS. Under within established rebuilding periods, marginally increased the DAS available the no action alternative, approximately while resulting in the fewest economic to such vessels by 81.52 Category A 36,000 Category A DAS would be impacts to affected entities among the DAS, 148.23 Category B DAS, and available to limited access NE other alternatives considered. Over the 416.41 Category C DAS. Cumulatively, multispecies vessels due to the 18- long term, economic benefits from the Category A and B DAS lost to the percent DAS reduction scheduled for rebuilt stocks would mean that the conservation tax represented only 0.2 FY 2009 under Amendment 13. With no proposed action would produce the percent of the total number of the changes to existing trip limits, most economic benefits to affected Category A and B DAS allocated to the differential DAS counting, or other entities once stocks rebuild when entire fishery in FY 2007 (Category C measures, this amount of DAS available compared to the alternatives considered DAS cannot be used by any vessel at would exceed the number of DAS in this action. this time). Refunding these DAS would necessary for the fleet to meet expenses. The no action alternative would not result in additional DAS that could Alternative 2A would also result in distribute available regulated species increase, although marginally, the 36,000 Category A DAS allocated to the and ocean pout ACLs between the amount of regulated species and ocean fleet, but would apply differential DAS commercial and recreational fisheries. pout that would be harvested in future counting over broader geographic areas, As a result, the catch from both fisheries FYs. Because additional effort would revise the rates applied in would be used to determine whether reductions are necessary under this specific areas, implement restricted gear additional measures are necessary in the action to rebuild several NE areas, and both increase and decrease future to ensure that stocks rebuild. multispecies stocks, allowing additional the existing trip limits for several stocks. Accordingly, if one group catches effort into the fishery would Although this alternative would regulated species or ocean pout in compromise the rebuilding objectives of increase trip limits for some stocks and, excess of historical trends, the other the FMP and result in fewer long-term therefore, decrease the number of DAS group would likely be affected by any economic benefits than the proposed necessary to meet expenses, it would management measures that would be action. also increase the rate at which DAS are necessary to rebuild the stock. This would result in greater economic The no action alternative would not used and increase the number of DAS revise the CA I Hook Gear Haddock SAP necessary. Therefore, it is difficult to impacts than the proposed action, as the entire fishery would be subject to such or the CA II Yellowtail Flounder SAP to predict whether Alternative 2A would facilitate the harvest of haddock; would provide sufficient DAS to meet annual measures rather than the group responsible for the overage. allow the Eastern U.S./Canada Haddock expenses. Alternative 4 would reduce SAP to expire; would not include allocated Category A DAS by 40 percent, Impacts of Alternative Common Pool pollock as a stock of concern, or to 26,400 Category A DAS, but would Measures implement reduced trip limits and an eliminate existing differential DAS In addition to the overall impacts incidental catch TAC for pollock in the counting areas. Although this listed above, there are additional Regular B DAS Program; would allow alternative would include the same economic impacts associated with other the SNE/MA Winter Flounder SAP to changes to trip limits as Alternative 2A, alternatives considered under continue; and would not implement the it is not likely that increased trip limits Amendment 16 that apply only to GOM Haddock Gillnet Pilot Program. for some stocks would produce common pool vessels. Regarding the Combined, the no action alternative for sufficient revenue to overcome overall DAS Leasing and Transfer Programs, the the SAPs and the GOM Haddock Gillnet reductions in DAS to meet annual other alternatives would not have Pilot Program would result in increased expenses. Finally, the proposed action revised these programs to allow CPH economic impacts compared to the would result in approximately 22,000 vessels to participate in either program, proposed action due to foregone DAS allocated to the fleet. While carry- would not temporarily or permanently opportunities to increase the catch of over DAS may offset some of the remove the DAS conservation tax or the the abundant haddock resource. reductions for these alternatives and the cap on DAS leasing, would impose a tax However, the no action alternative for increased availability of Category B DAS on DAS leased, or would refund any the Regular B DAS Program would may encourage participation in SMPs, it DAS lost to the application of a DAS result in fewer short-term economic is unclear whether these factors would conservation tax during DAS transfers impacts than the proposed action, as be sufficient to allow vessels to meet in previous FYs. Therefore, with the vessels would be able to continue to expenses or make a profit under each exception of the alternative that would target pollock using a Regular B DAS, alternative. refund DAS lost due to the DAS but increased long-term economic Even though the no action alternative conservation tax, these other impacts, as continued targeting of would result in the fewest economic alternatives would increase costs pollock would likely increase F on this impacts to affected vessels and likely compared to the proposed action by species and delay economic benefits provide sufficient DAS for vessels to reducing the DAS available to either from a rebuilt species. Similar long-term meet annual expenses, the no action program and making available DAS impacts would also occur for SNE/MA alternative would not achieve the more expensive to acquire. In addition, winter flounder under the no action reductions in F necessary to rebuild permit holders would incur costs alternative, as it would continue the overfished stocks or achieve the associated with activating permits in SNE/MA Winter Flounder SAP and the biological objectives of the FMP and is, CPH to participate in these programs, or associated catch of this stock, despite therefore, not consistent with applicable maintaining multiple vessels to fish a the need to reduce F to as close to zero law. In contrast, the proposed action is given number of DAS that could be as practicable to rebuild this stock. consistent with applicable law because fished on one vessel if not for the Thus, the proposed action would result it would achieve the biological leasing cap. While one alternative to the in fewer long-term economic impacts

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than the no action alternatives for these Impacts of Alternative Sector Measures 3, or 4 were adopted with Option 5. measures. The economic impacts of the options Therefore, because the proposed action The no action alternative would not considered for determining PSCs are adopts Options 1 and 5, the vast reduce the haddock minimum size limit described in detail in Section 7.5.1.2.3 majority of vessels would receive the to 18 inches (45.7 cm) or increase the of Amendment 16. The proposed action most GB cod PSC out of the possible minimum size limit for Atlantic halibut would calculate PSC based upon combinations of alternatives that the to 41 inches (104.1 cm). This would landings history between FYs 1996– Council could have selected. Although result in reduced revenue due to 2006 for all stocks (Option 1), except the PSC options considered all have haddock landings when large year that the PSC for GB cod would be different effects on different vessels, classes enters the fishery, such as when calculated based upon landings history Options 1 and 5 were selected to reflect the 2003 year class entered the fishery between FYs 1996–2001 for vessels that current participation in the fishery in 2007 and 2008, but would likely had signed preliminary rosters for based upon landings history (i.e., result in a small increase in fishing existing Sectors as of March 1, 2008 including vessel capacity in the revenue compared to the proposed (Option 5). The other PSC alternatives calculation of PSCs would shift action due to catch of smaller halibut include no action (landings history for allocation of ACLs from vessels that when compared to the proposed action. the most recent 5-yr period), and have actively participated in the fishery However, because the no action options involving a combination of by landing regulated species and ocean alternative could potentially delay landings history between FYs 1996– pout to those that may not have rebuilding of Atlantic halibut, the 2006 and a measure of capacity based participated as actively in the fishery), proposed action would have greater upon vessel size and horsepower and/or mitigate the regulatory changes and overall long-term economic impacts to allocated DAS (Options 2 through 4). their impacts on individual vessels, and affected entities. to preserve the value of permit Under the no action alternative, most The analysis of these options indicated that larger vessels would receive the investments made by vessel owners vessels would not be able to be issued interested in participating in one of the both a limited access Atlantic sea most value from the PSC selected in the proposed action (i.e., PSC Option 1), but existing Sectors. scallop and a limited access NE The no action alternative would not that medium vessels would receive the multispecies permit at the same time implement provisions for trading ACE most value from PSC Option 4, while (vessels issued a limited access NE between Sectors or allow Sectors to multispecies combination permit— small vessels would receive the most carry forward unused ACE into the Category E permit—are already allowed value from the no action PSC option. following FY. The inability to trade ACE to be issued both a limited access NE The impacts of the PSC options for would likely result in Sectors not fully multispecies permit and a limited vessel size class vary from stock-to- harvesting allocated ACE, as Sector access Atlantic sea scallop permit). This stock, based upon the size class of catch may not precisely mirror ACE would restrict the flexibility of vessels vessels that predominantly landed that allocations for each stock, sacrificing to participate in more than one fishery stock. Also, the impacts vary based yield and associated fishing revenue. In and prevent the consolidation of fishing upon the areas fished by individual contrast, the inability to carry forward opportunities for two fisheries onto one vessels. In general, vessels that fished in unused ACE would produce incentives vessel. As a result, there would be less all areas would receive more PSC under to fully harvest any ACE allocated, effective use of capital assets than the no action PSC option or Option 1. thereby also creating incentives to would occur if the restriction were lifted Permits that fished only in the GOM or potentially illegally discard legal-sized under the proposed action. on GB would receive the most PSC fish to maximize catch of ACE In contrast to the proposed action, the under Option 4, while vessels that allocations. In comparison with the no action alternative would not fished exclusively in SNE would receive proposed action, this would result in implement AMs for common pool the most PSC under Options 3 or 4. less efficient operations and likely vessels. The no action alternative would Impacts of these alternatives by short-term and long-term economic likely result in fewer short-term homeport state also vary based upon the impacts due to lost yield and, possibly, economic impacts than the proposed distribution of various stocks among the delays in rebuilding stocks. action, as AMs would not be PSC options considered. For example, Compared to the proposed action, the implemented. Failure to implement Massachusetts vessels would have no action alternative would have AMs would maintain or increase the benefited the most from the no action maintained existing Sector operations catch of regulated species and ocean alternative, but vessels from Maine and plan requirements, monitoring/reporting pout even after sub-ACLs allocated to New Hampshire would have benefited requirements, and provisions for SMPs. the common pool have been caught. In the most from PSC Option 4. Vessels All of these measures would likely addition, common pool vessels would from more southerly states would result in fewer costs to potential Sectors, not be responsible for costs associated receive more PSC from Option 3. In as the proposed action would increase with dockside monitoring, as required general, PSC options involving capacity requirements for Sector operations in FY 2012 and beyond under the (i.e., Options 2 through 4) tended to plans; increase monitoring/reporting proposed action. However, long-term shift allocations from vessels with requirements for Sectors; and, with the economic impacts would likely be higher landings history-based exception of the CA I Hook Gear higher for the no-action alternative allocations to vessels with lower Haddock SAP, fail to specify which because AMs are intended to prevent history-based allocations compared to SMP provisions would apply to Sector overfishing and increase the probability the proposed action. When combined vessels. The cost savings from avoiding that rebuilding objectives of the FMP are with Option 5, permits that were not the additional monitoring requirements achieved. In addition, without AMs for committed to the existing two Sectors of the proposed action are listed in the the common pool fishery, Sector vessels would have their GB cod PSC reduced economic impacts of the proposed or the recreational fishery may be by approximately 2.1 percent compared action above, but the savings from subject to lower overall catch due if to their PSC if only Option 1 were avoiding the additional reporting costs stocks fail to rebuild and lower ACLs adopted. However, these permits would are less certain. Reporting costs include are necessary as a result. lose the most GB cod PSC if Options 2, costs associated with additional VMS

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catch reports to individual vessel identification and enforcement of anglers begin reserving fishing trips owners. Depending on the individual minimum fish sizes and trip limits. during the early spring. This may affect vessel’s contract with the VMS vendor, Amendment 16 considered two other whether customers will actually commit such costs may be covered by existing options for reducing GOM cod mortality to a particular trip without knowing the contracts. However, additional reporting in the recreational fishery: Option 1 applicable regulations. If this affects costs associated with the proposed would increase the minimum size limit customer behavior, Option 1 would action would include a cost of to 26 inches (66 cm), while Option 2 likely result in fewer charter/party trips, approximately $0.004 per character, would reduce the bag limit to six fish particularly if regulations are not plus approximately $0.50 for each per trip. If recreational fishing value is finalized until later in the spring. submission via VMS, or approximately based upon the opportunity to catch a Options 1 and 2 would result in some $0.764 per report. Thus, the no action fish, economic impacts associated with impact to the recreational fishery, but alternative would result in equivalent Option 1 would likely be less than that this impact is heavily dependent upon savings compared to the proposed for either Option 2 or the proposed the AMs developed under those options. action, but the amount of such savings action, as both later options would Changes in bag limits, minimum sizes, would depend upon the VMS contract reduce opportunities to fish. However, if and shortened seasons typically reduce to individual vessels. Although the no the increased size limit of Option the catch and, therefore, value of action alternative for these provisions reduces the possibility that cod could be recreational trips. Because changes to would cost less than the proposed retained, then the economic impacts bag limits and minimum sizes are less action, the proposed action was selected could differ, as both Options 2 and the effective at reducing recreational catch, because these additional requirements proposed action would maintain the these measures must generally be are considered necessary to adequately existing size limits for GOM cod. implemented for greater durations, monitor Sector catch on a real-time However, the proposed action was resulting in greater adverse economic basis, understand and evaluate the selected because seasonal closures are impacts than closures. However, likely impacts of Sector operations, and the most effective means to reduce economic impacts associated with more consistently apply the principles recreational catch and ensure that reduced opportunities to catch one behind Sector management (i.e., to conservation objectives are achieved for species may be offset by increased promote more flexible and efficient this portion of the fishery. opportunities to catch another stock. As operations by self-selecting and self- The no action alternative would allow a result, Options 1 and 2 may not result governing groups of individual vessels) recreational vessels to possess and in different economic impacts than the across all facets of vessel operations, retain Atlantic wolffish. Based upon proposed action unless customer including those in designated SMPs. existing data, approximately 1,644 behavior is affected by when the charter/party trips targeted this species regulations are available. Under the No Measures Applicable to Recreational during 2006–2007. Thus, the no action Action alternative, AMs would not be and Charter/Party Vessels would maintain the value associated adopted. While this avoids the with these trips, resulting in fewer economic impacts of AMs in the short Two alternatives to the proposed economic impacts than the proposed term, this may make it less likely that action affect whether recreational action that would prohibit the mortality objectives are achieved and anglers could land NE multispecies as possession of this species by both could result in more stringent measures fillets without the skin: Option 1 would commercial and recreational vessels. in the future. The proposed action was allow fillets to be landed without skin, However, the proposed action would selected because it represents a while the no action alternative (Option implement a rebuilding program for this compromise between the other 3) would maintain the existing species that includes a prohibition on alternatives considered. Under the prohibition on landing fillets without landings by all vessels. While this proposed action, NMFS would develop skin. Option 1 would increase the would result in short-term economic appropriate AMs in consultation with economic value of recreational trips, losses to the recreational fishery, such the Council. This would allow AMs to particularly charter/party trips, as measures are necessary to rebuild the be implemented in the most expedient vessels could provide filleting and stock and preserve future opportunities manner, thereby decreasing the skinning as a service to customers. to harvest the species as it rebuilds. possibility that AMs would be However, landing fish without skin Amendment 16 considered several implemented too late to be effective would complicate enforcement and alternatives to the proposed action during the FY following an overage. In assessment of recreational catch, as regarding recreational fishery AMs. addition, because the Council includes species identification would be very These alternatives included no AMs members of state resource management difficult. This may, in turn, increase under the no action alternative, AMs agencies, the agencies responsible for management uncertainty for the developed exclusively by the Council managing the vast majority of recreational fishery and lower ACLs as under Option 1, and AMs developed recreational fishing activity, a result. This would likely result in exclusively by NMFS under Option 2. consultation with the Council was increased economic impacts compared Because these alternatives involve considered necessary to implement AMs to either the proposed action or the no processes for specifying AMs, but do not that would effectively reduce action alternative, which would require actually propose any specific AMs, the recreational catch. at least some skin to remain on fillets. economic impacts associated with these Description of the projected reporting, The no action alternative may impact alternatives are based upon the timing recordkeeping, and other compliance income for crew aboard charter/party of when such AMs would be requirements of the proposed rule: vessels, as skinning fillets would implemented and the actual AMs that continue to be prohibited until landing. would be implemented from these Reporting and Recordkeeping The proposed action was selected as a processes. For example, due to the Requirements compromise between the alternatives length of the Council process and the The proposed measures under considered, as it would allow fillets to timing of Council meetings, it is likely Amendment 13 include the following be landed with only a small portion of that any AMs developed under Option provisions requiring either new or the skin intact to facilitate species 1 would not be available until after revised reporting and recordkeeping

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requirements: (1) Sector operations plan Sector would be required to use VMS to be observed by a dockside monitor. and associated NEPA analysis, (2) comply with the declaration and Requirements to maintain and enter dockside/at-sea monitoring service reporting requirements associated with data into a dockside monitoring provider application, (3) dockside/at-sea measures proposed under Amendment database would cost approximately monitoring service provider response to 16. Any vessel that does not currently $4,225 per service provider annually, application disapproval, (4) data entry possess a VMS must obtain one prior to while submitting dockside monitoring for Sector discard monitoring system, fishing in a SAP, the U.S./Canada data to NMFS would cost each service (5) Sector weekly catch report, (6) Sector Management Area, or on a Sector trip. provider approximately $36,000 per annual report, (7) notification of The cost of purchasing and installing year. Similar costs to service providers expulsion from a Sector, (8) request to VMS is currently estimated at $3,600 are expected to notify Sector vessels of transfer ACE, (9) VMS installation, (10) per vessel, with operational costs selection for at-sea/electronic VMS certification form, (11) VMS estimated at approximately $150 per monitoring coverage ($3,125 per year) confirmation call, (12) automated VMS month. Amendment 16 would require a and to submit at-sea/electronic polling of vessel position, (13) VMS area vessel issued a limited access NE monitoring data to NMFS ($36,000 per and DAS declaration, (14) VMS trip- multispecies permit fishing in multiple year). level catch reports, (15) request for a broad stock areas to submit a trip-level LOA to participate in the GOM Haddock catch report via VMS for such trips. Other Compliance Requirements Gillnet Pilot Program, (16) request for a These catch reports would cost The only other compliance costs LOA to fish in a NE multispecies RGA, approximately $0.79 per report, for a associated with this proposed rule are (17) VMS declaration to fish in a NE total yearly cost of approximately $15 those associated with the gear multispecies RGA, (18) pre-trip hail for the 134 vessels that are expected to requirements specified for the NE report to a dockside monitoring service fish in multiple areas on the same trip, multispecies RGAs. Any NE provider, (19) trip-end hail report to a based upon historic data. multispecies vessel that elects to fish in dockside monitoring service provider, There are costs associated with the common pool would be required to (20) confirmation of dockside several of the reporting and utilize selective fishing gear when monitoring trip-end hail report, (21) recordkeeping measures proposed for fishing in the NE multispecies RGAs. If dockside/roving service provider data Sectors under this action. The a vessel does not already possess such entry, (22) dockside/roving or at-sea development of a Sector operations plan selective gear, a new haddock separator monitor deployment report, (23) and associated NEPA analysis is trawl net, rope trawl, or Ruhle trawl is dockside/roving or at-sea monitoring estimated to require approximately 4 estimated to cost approximately service provider catch report to NMFS months for each document, resulting in $13,000, or about $750 to modify upon request, (24) dockside/roving or a cost of approximately $150,000 to existing gear. Sector vessels would not at-sea monitor report of harassment and each Sector (i.e., $50,000 for the be subject to the RGA measures or the other issues, (25) OLE debriefing of development of the operations plan, and costs associated with such selective dockside/roving or at-sea monitors, (26) $100,000 for the development of an EA) gear. copy of dockside/roving or at-sea on an annual basis. These costs are This rule contains collection-of- monitoring service provider contract likely to decrease in future years, as information requirements subject to upon request, (27) copy of dockside/ subsequent operations plans and EAs review and approval by OMB under the roving or at-sea monitoring service could build upon the original Paperwork Reduction Act. These provider information materials upon documents. It is estimated that requirements have been submitted to request, (28) observer program pre-trip approximately $2,500 per year would be OMB for approval. Public reporting notification, (29) daily VMS catch required to purchase and enter data into burden for these collections of reports when fishing in the U.S./Canada a discard database for each Sector. information are estimated to average, as Finally, the weekly Sector catch reports Management Area and CA II SAPs, (30) follows: are expected to cost approximately daily VMS catch reports when fishing in 1. Sector operations plan and $5,200 to prepare and submit to NMFS, the CA I Hook Gear Haddock SAP, (31) associated NEPA analysis, OMB# 0648– while the annual Sector report is daily VMS catch reports when fishing in 0202, (640 hr/response); the Regular B DAS Program, and (32) expected to cost about $304 per Sector 2. Dockside/at-sea monitoring service copy of the dealer weigh-out slip or to develop. provider application, OMB# 0648–0202, dealer signature of the dockside monitor Amendment 16 would require (10 hr/response); report. dockside monitoring for Sector vessels The costs associated with the new and beginning in FY 2010, while common 3. Dockside/at-sea monitoring service revised reporting and recordkeeping pool vessels would be subject to provider response to application requirements specified in this action are dockside monitoring beginning in FY disapproval, OMB# 0648–0202, (10 hr/ detailed in the PRA analysis associated 2012. The pre-trip hail reporting response); with Amendment 16. Some of these requirements would cost approximately 4. Data entry for sector discard costs are minimal, consisting only of $12 per vessel each year, assuming that monitoring system, OMB# 0648–0202, postage and copying costs. However, such reports were made via VMS. Due (3 min/response); other costs are more substantial and are to the more expansive information 5. Sector weekly catch report, OMB# detailed for several of the more involved required for the trip-end hail reports, 0648–0202, (4 hr/response); information collections below. the yearly cost to each vessel would be 6. Sector annual report, OMB# 0648– Any NE multispecies DAS vessel, approximately $17, assuming that such 0202, (12 hr/response); including a vessel participating in a reports were made via VMS. Costs to 7. Notification of expulsion from a Sector, that intends to fish in any SMP, vessels receiving dockside/roving Sector, OMB# 0648–0202, (30 min/ including the U.S./Canada monitoring services proposed under response); Understanding and all SAPs, would be Amendment 16 include $10 per year for 8. Request to transfer ACE, OMB# required to use VMS when participating confirming pre-trip hail reports and $13 0648–0202, (5 min/response); in these programs. In addition, any to confirm trip-end hail reports and 9. VMS installation, OMB# 0648– Handgear A permit participating in a specify whether a particular trip would 0202, (1 hr/response);

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10. VMS certification form, OMB# 32. Copy of the dealer weigh-out slip means the share of the annual catch 0648–0202, (10 min/response); or dealer signature of the dockside limit (ACL) for each NE multispecies 11. VMS confirmation call, OMB# monitor report, OMB# 0648–0212 (2 stock that is allocated to an individual 0648–0202, (5 min/response); min/response). Sector based upon the cumulative 12. Automated VMS polling of vessel Public comment is sought regarding: fishing history attached to each permit position, OMB# 0648–0202, (5 sec/ Whether this proposed collection of participating in that Sector in a given response); information is necessary for the proper year. This share may be adjusted due to 13. VMS area and DAS declaration, performance of the functions of the penalties for exceeding the Sector’s ACE OMB# 0648–0202, (5 min/response); agency, including whether the for a particular stock in earlier years, or 14. VMS trip-level catch reports, information shall have practical utility; due to other violations of the FMP, OMB# 0648–0212, (15 min/response); the accuracy of the burden estimate; including the yearly Sector operations 15. Request for a LOA to participate ways to enhance the quality, utility, and plan. When a Sector’s share of a NE in the GOM Haddock Gillnet Pilot clarity of the information to be multispecies stock, as determined by the Program, OMB# 0648–0202, (5 min/ collected; and ways to minimize the fishing histories of vessels participating response); burden of the collection of information, in that Sector, is multiplied by the 16. Request for a LOA to fish in a NE including through the use of automated available catch, the result is the amount multispecies RGA, OMB# 0648–0202, (5 collection techniques or other forms of of ACE (live weight in pounds) that can min/response); information technology. Send comments be harvested (landings and discards) by 17. VMS declaration to fish in a NE on these or any other aspects of the participants in that Sector during a multispecies RGA, OMB# 0648–0202, (5 collection of information to (enter office particular fishing year. min/response); name) at the ADDRESSES above and by e- At-sea monitor, with respect to the NE 18. Pre-trip hail report to a dockside mail to [email protected] or multispecies fishery, means any person monitoring service provider, OMB# fax to (202) 395–7285. responsible for observing, verifying, and 0648–0202, (2 min/response); Notwithstanding any other provision reporting area fished, catch, and 19. Trip-end hail report to a dockside of the law, no person is required to discards of all species by gear type for monitoring service provider, OMB# respond to, and no person shall be Sector trips as part of an approved 0648–0202, (15 min/response); subject to penalty for failure to comply Sector at-sea monitoring program. 20. Confirmation of dockside with, a collection of information subject * * * * * monitoring trip-end hail report, OMB# to the requirements of the PRA, unless Common pool trip, with respect to the 0648–0202, (2 min/response); that collection of information displays a NE multispecies fishery, means any trip 21. Dockside/roving service provider currently valid OMB control number. taken by a common pool vessel under a data entry, OMB# 0648–0202, (3 min/ NE multispecies DAS or under the response); List of Subjects provisions of a limited access NE 22. Dockside/roving or at-sea monitor 50 CFR Part 648 deployment report, OMB# 0648–0202, multispecies Small Vessel or Handgear (10 min/response); Fisheries, Fishing, Reporting and A permit, or an open access Handgear 23. Dockside/roving or at-sea recordkeeping requirements. B permit that lands regulated species or monitoring service provider catch report ocean pout. Dated: December 10, 2009. Common pool vessel, with respect to to NMFS upon request, OMB# 0648– Samuel D. Rauch, III, 0202, (5 min/response); the NE multispecies fishery, means any Deputy Assistant Administrator, for vessel issued a limited access NE 24. Dockside/roving or at-sea monitor Regulatory Programs, National Marine report of harassment and other issues, multispecies permit or open access NE Fisheries Service. multispecies Handgear B permit that is OMB# 0648–0202, (30 min/response); For the reasons stated in the 25. OLE debriefing of dockside/roving not a member of an approved Sector for preamble, 50 CFR part 648 is proposed a particular fishing year and that is not or at-sea monitors, OMB# 0648–0202, (2 to be amended as follows: hr/response); operating under the provisions of an 26. Copy of dockside/roving or at-sea PART 648—FISHERIES OF THE approved Sector operations plan. Such monitoring service provider contract NORTHEASTERN UNITED STATES vessels must use a NE multispecies upon request, OMB# 0648–0202, (30 DAS, or be fishing under the provisions min/response); 1. The authority citation for part 648 of a limited access NE multispecies 27. Copy of dockside/roving or at-sea continues to read as follows: Small Vessel or Handgear A permit, or monitoring service provider information Authority: 16 U.S.C. 1801 et seq. an open access Handgear B permit, to materials upon request, OMB# 0648– 2. In § 648.2, revise the definitions for land regulated species or ocean pout, 0202, (30 min/response); ‘‘NE multispecies or multispecies,’’ and must comply with effort controls, 28. Observer program pre-trip ‘‘Regulated species,’’ and ‘‘Sector,’’ and trip limits, gear restricted areas, and notification, OMB# 0648–0202, (2 min/ add new definitions for ‘‘Annual catch other provisions specified in this part. response); entitlement (ACE),’’ ‘‘At-sea monitor,’’ Vessels fishing under the provisions of 29. Daily VMS catch reports when ‘‘Common pool trip,’’ ‘‘Common pool the common pool are also referred to as fishing in the U.S./Canada Management vessel,’’ ‘‘Dockside/roving monitor,’’ non-Sector vessels. Area and CA II SAPs, OMB# 0648–0212, ‘‘Electronic monitoring,’’ ‘‘Observer/sea * * * * * (15 min/response); sampler,’’ ‘‘Potential Sector contribution Dockside/roving monitor, with respect 30. Daily VMS catch reports when (PSC),’’ ‘‘Sector trip,’’ and ‘‘Sector to the NE multispecies fishery, means fishing in the CA I Hook Gear Haddock vessel’’ in alphabetical order to read as any person responsible for observing/ SAP, OMB# 0648–0212, (15 min/ follows: verifying the offloads of all species by response); common pool or Sector vessels either 31. Daily VMS catch reports when § 648.2 Definitions. directly to a federally permitted dealer fishing in the Regular B DAS Program, * * * * * or to a truck for later delivery to a OMB# 0648–0212, (15 min/response); Annual catch entitlement (ACE), with federally permitted dealer, and for and respect to the NE multispecies fishery, certifying the accuracy of landed

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weights, as reported by federally Regulated species, means the subset other applicable criteria under permitted dealers, pursuant to this part. of NE multispecies that includes paragraph (a)(1)(i)(F) of this section: * * * * * Atlantic cod, witch flounder, American (1) The replacement vessel’s Electronic monitoring, with respect to plaice, yellowtail flounder, haddock, horsepower may not exceed by more the NE multispecies fishery, means any pollock, winter flounder, windowpane than 20 percent the horsepower of the equipment that is used to monitor area flounder, redfish, white hake, Atlantic vessel’s baseline specifications, as fished and the amount and identity of halibut, and Atlantic wolffish. applicable. species kept and discarded in lieu of at- Regulated species is also referred to as (2) The replacement vessel’s length, sea monitors as part of an approved regulated NE multispecies. GRT, and NT may not exceed by more Sector at-sea monitoring program. * * * * * than 10 percent the length, GRT, and NT Sector, with respect to the NE of the vessel’s baseline specifications, as * * * * * applicable. Northeast (NE) multispecies or multispecies fishery, means a group of multispecies means the following persons holding limited access NE * * * * * (c) * * * species: multispecies permits who have voluntarily entered into a contract and (2) * * * American plaice—Hippoglossoides (iii) * * * platessoides. agree to certain fishing restrictions for a (A) For vessels fishing for NE Atlantic cod—Gadus morhua. specified period of time, and that have multispecies with gillnet gear, with the Atlantic halibut—Hippoglossus been allocated a portion of the TACs of exception of vessels fishing under the hippoglossus. species managed under the NE Small Vessel permit category, an annual Atlantic wolffish—Anarhichas lupus. Multispecies FMP to achieve objectives declaration as either a Day or Trip Haddock—Melanogrammus consistent with the applicable goals and gillnet vessel designation as described aeglefinus. objectives of the FMP. Each Sector must in § 648.82(j). A vessel owner electing a Ocean pout—Macrozoarces meet the Sector eligibility and minimum Day gillnet designation must indicate americanus. size requirements specified in the number of gillnet tags that he/she is Offshore hake—Merluccius albidus. § 648.87(a)(3) and (4) to be approved by Pollock—Pollachius virens. requesting, and must include a check for NMFS. the cost of the tags, unless the vessel Redfish—Sebastes fasciatus. Sector trip, with respect to the NE already possesses valid gillnet tags, as Red hake—Urophycis chuss. multispecies fishery, means any trip identified by the Regional Silver hake (whiting)—Merluccius taken by a Sector vessel subject to the Administrator. A permit holder letter bilinearis. restrictions and conditions of an will be sent to the owner of each eligible White hake—Urophycis tenuis. approved Sector operations plan, as gillnet vessel, informing him/her of the Windowpane flounder— specified in § 648.87(c), in which the costs associated with this tagging Scophthalmus aquosus. vessel declared its intent to fish in the requirement and providing directions Winter flounder—Pleuronectes NE multispecies fishery pursuant to for obtaining valid tags. Once a vessel americanus. § 648.10. owner has elected this designation, he/ Witch flounder—Glyptocephalus Sector vessel, with respect to the NE she may not change the designation or cynoglossus. multispecies fishery, means any vessel fish under the other gillnet category for Yellowtail flounder—Pleuronectes assigned a permit that is a member of an the remainder of the fishing year. ferruginea. approved Sector for a particular fishing Incomplete applications, as described in * * * * * year and that is subject to the paragraph (e) of this section, will be Observer/sea sampler means any restrictions and conditions of an considered incomplete only for the person certified/approved by NMFS to approved Sector operations plan, as purposes of obtaining authorization to collect operational fishing data, specified in § 648.87. biological data, or economic data fish in the NE multispecies gillnet * * * * * through direct observation and fishery and otherwise will be processed 3. In § 648.4, remove paragraph interaction with operators of or issued without a gillnet (a)(1)(i)(I)(3) and revise paragraphs commercial fishing vessels as part of authorization. (a)(1)(i)(E) and (c)(2)(iii)(A) to read as NMFS’ Northeast Fisheries Observer * * * * * follows: 4. In § 648.7, revise paragraphs Program and Northeast At-sea § Vessel permits. Monitoring Program. Observer/sea (b)(1)(i), (e), and (f)(2)(i); and add (a) * * * paragraphs (a)(4), (h), and (i) to read as samplers are also referred to as fisheries (1) * * * follows: observers, fisheries observers/sea (i) * * * samplers, and NMFS-certified fisheries (E) Replacement vessels. An owner of § 648.7 Recordkeeping and reporting observers/sea samplers. a vessel that has been issued any limited requirements. * * * * * access or moratorium permit under this * * * * * Potential Sector contribution (PSC), section is limited to one vessel (a) * * * with respect to the NE multispecies replacement permit year, using the (4) Facilitation of a dockside/roving fishery, means an individual vessel’s earliest permit year start date of the monitor report. Any federally permitted share of the ACL for each stock of limited access or moratorium permits dealer, or any individual acting in the regulated species or ocean pout that is for which the vessel is eligible, unless capacity of a dealer, that purchases or derived from the fishing history the vessel has been rendered inoperable receives fish from a vessel operating associated with the permit issued to that and non-repairable. With the exception under the provisions of an approved particular vessel for the purposes of of vessels that have obtained a limited Sector operations plan, as specified in participating in a Sector and access Handgear A permit described in § 648.87(c), or from a common pool contributing to that Sector’s ACE for § 648.82(b)(6), to be eligible for a limited vessel starting in fishing year 2012 must each stock allocated to Sectors under access or moratorium permit under this provide a copy of any weigh-out the NE Multispecies FMP. section, the replacement vessel must documents or dealer receipts for that * * * * * meet the following criteria and any particular offloading event to the

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dockside/roving monitor and vessel and § 648.2, related to fish possessed, offloads its catch on the following allow the dockside/roving monitor to received, or purchased by a dealer that Thursday (i.e., after a trip lasting 8 sign a copy of the official weigh-out is required to be reported, must be days), the VTR for the fishing trip would document or dealer receipt retained by retained and made available for need to be submitted by midnight the dealer, or sign a dockside immediate review for a total of 3 years Tuesday of the third week, but a monitoring report provided by a after the date the fish were first negative report (i.e., a ‘‘did not fish’’ dockside/roving monitor that verifies possessed, received, or purchased. report) would not be required for either the amount of each species offloaded, as Dealers must retain the required records week. instructed by the Regional and reports at their principal place of * * * * * Administrator. business. (h) Dockside/roving monitor reports. (b) * * * (2) VTRs. Copies of fishing log reports Any dockside/roving monitor assigned (1) * * * must be kept on board the vessel and to observe the offload of a vessel on a (i) The owner or operator of any available for review for at least 1 year, Sector trip must record the amounts of vessel issued a valid permit or eligible and must be retained for a total of 3 all species offloaded and report such to renew a limited access permit under years after the date the fish were last amounts to that particular vessel’s this part must maintain on board the possessed, landed, and sold. Sector manager and a third-party service vessel, and submit, an accurate fishing (3) Dockside/roving and at-sea provider, if specified in the operations log report for each fishing trip, monitor reports. Any record, as defined plan or the private contract between the regardless of species fished for or taken, in § 648.2, related to fish offloaded and dockside/roving monitor service on forms supplied by or approved by observed by a dockside/roving or at-sea provider and an individual Sector. Such the Regional Administrator. As stated in monitor, including any reports provided reports must be made available to paragraph (f)(2)(i) of this section, if no to NMFS, Sector managers, or another dealers for signature, as instructed by fishing trip is made during a week or third-party service provider specified in the Regional Administrator. month, a report stating so must be paragraph (h) of this section, must be (i) At-sea monitor/electronic submitted for each week or month, as retained and made available for monitoring reports. Any at-sea monitor applicable, based upon whether any immediate review for a total of 3 years assigned to observe a Sector trip and fishing activity occurred during a after the date the fish were first any third-party service provider particular reporting week or month (i.e., offloaded. Dockside/roving and at-sea analyzing data from electronic starting a trip, landing, or offloading monitor providers must retain the monitoring equipment deployed on a catch will constitute fishing during a required records and reports at their Sector trip must submit reports on reporting week or month). If authorized principal place of business. catch, discard, and other data elements (f) * * * in writing by the Regional specified by the Regional Administrator (2) * * * to NMFS, the Sector manager, and Administrator, a vessel owner or (i) For any vessel not issued a NE monitoring contractor, as instructed by operator may submit reports multispecies permit, fishing vessel log the Regional Administrator. electronically, for example by using a reports, required by paragraph (b)(1)(i) 5. In § 648.10, revise paragraphs (b)(4) VMS or other media. With the exception of this section, must be postmarked or and (e)(1)(v), and add paragraph (k) to of those vessel owners or operators received by NMFS within 15 days after read as follows: fishing under a surfclam or ocean the end of the reporting month. If no quahog permit, at least the following fishing trip is made during a particular § 648.10 VMS and DAS requirements for information and any other information month for such a vessel, a report stating vessel owners/operators. required by the Regional Administrator so must be submitted, as instructed by * * * * * must be provided: Vessel name; USCG the Regional Administrator. For any (b) * * * documentation number (or state vessel issued a NE multispecies permit, (4) A vessel issued a limited access registration number, if undocumented); fishing vessel log reports must be NE multispecies permit that fishes or permit number; date/time sailed; date/ postmarked or received by midnight of intends to fish under a NE multispecies time landed; trip type; number of crew; the first Tuesday following the end of Category A or B DAS, or catches number of anglers (if a charter or party the reporting week. If no fishing trip is regulated species or ocean pout while boat); gear fished; quantity and size of made during a reporting week for such on a Sector trip; or a vessel issued a gear; mesh/ring size; chart area fished; a vessel, a report stating so must be limited access NE multispecies small average depth; latitude/longitude (or submitted and received by NMFS by vessel category or Handgear A permit loran station and bearings); total hauls midnight of the first Tuesday following that fishes in multiple stock areas per area fished; average tow time the end of the reporting week, as pursuant to paragraph (k)(2) of this duration; hail weight, in pounds (or instructed by the Regional section; count of individual fish, if a party or Administrator. For the purposes of this * * * * * charter vessel), by species, of all species, paragraph (f)(2)(i), the date when fish (e) * * * or parts of species, such as monkfish are offloaded will establish the reporting (1) * * * livers, landed or discarded; and, in the week or month that the VTR must be (v) The owner of a vessel issued a case of skate discards, ‘‘small’’ (i.e., less submitted to NMFS, as appropriate. Any limited access NE multispecies permit than 23 inches (58.42 cm), total length) fishing activity during a particular that fishes or intends to fish under a NE or ‘‘large’’ (i.e., 23 inches (58.42 cm) or reporting week (i.e., starting a trip, multispecies Category A or B DAS, or greater, total length) skates; dealer landing, or offloading catch) will that catches regulated species or ocean permit number; dealer name; date sold, constitute fishing during that reporting pout while on a Sector trip, as specified port and state landed; and vessel week and will eliminate the need to in paragraph (b)(4) of this section, must operator’s name, signature, and submit a negative fishing report to provide documentation to the Regional operator’s permit number (if applicable). NMFS for that reporting week. For Administrator that the vessel has an * * * * * example, if a vessel issued a NE operational VMS unit installed on (e) Record retention—(1) Dealer multispecies permit begins a fishing trip board, meeting all requirements of this records. Any record, as defined in on Wednesday, but returns to port and part, prior to fishing under a NE

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multispecies DAS or under the are defined in paragraphs (k)(3)(i) (iv) SNE/MA Stock Area 4. The SNE/ provisions of an approved Sector through (iv) of this section. Copies of a MA Stock Area 4 is the area bounded on operations plan. map depicting these areas are available the north and west by the coastline of * * * * * from the Regional Administrator upon the United States, bounded on the south (k) Area-specific reporting request. by a line running from the east-facing requirements for NE multispecies (i) GOM Stock Area 1. The GOM Stock coastline of North Carolina at 35° N. lat. vessels.—(1) Reporting requirements for Area 1 is defined by straight lines until its intersection with the EEZ, and all limited access NE multispecies vessel connecting the following points in the bounded on the east by straight lines owners or operators. In addition to any order stated: connecting the following points in the other reporting requirements specified order stated: in this part, the owner or operator of any GOM STOCK AREA 1 vessel issued a limited access NE SNE/MA STOCK AREA 4 multispecies permit on either a common Point N. Latitude W. Lon- gitude W. Lon- poor or Sector trip must declare its Point N. Latitude gitude intent to fish within one or more of the G1 ...... (1) (1) NE multispecies broad stock areas, as G2 ...... 43°58′ 67°22′ G12 ...... (1) 70°00′ defined in paragraph (k)(3) of this G3 ...... 42°53.1′ 67°44.4′ IGB7 ...... 41°20′ 70°00′ section, and provide the VTR serial G4 ...... 42°31′ 67°28.1′ IGB6 ...... 41°20′ 69°50′ number for the first page of the VTR for CII3 ...... 42°22′ 67°20′ IGB5 ...... 41°10′ 69°50′ ° ′ ° ′ that particular trip via VMS prior to G6 ...... 42°20′ 67°20′ IGB4 ...... 41 10 69 30 ° ′ ° ′ IGB3 ...... 41°00′ 69°30′ leaving port at the start of a fishing trip, G10 ...... 42 20 70 00 G9 ...... 42°00′ (2) IGB2 ...... 41°00′ 68°50′ as instructed by the Regional SNE4 ...... 39°50′ 68°50′ Administrator. 1 Intersection of the shoreline and the U.S.- SNE3 ...... 39°50′ 69°00′ (2) Reporting requirements for NE Canada maritime boundary. SNE2 ...... (2) 69°00′ 2 multispecies vessel owners or operators Intersection of the Cape Cod, MA, coast- line and 42° 00′ N. lat. 1 South-facing shoreline of Cape Cod, MA. fishing in more than one broad stock 2 The U.S.-Canada maritime boundary as it area per trip. Unless otherwise provided (ii) Inshore GB Stock Area 2. The intersects with the EEZ. Inshore GB Stock Area 2 is defined by in this paragraph (k)(2), the owner or 6. In § 648.11, add paragraphs (j) and straight lines connecting the following operator of any vessel issued a NE (k) to read as follows: multispecies limited access permit that points in the order stated: has declared its intent to fish within § 648.11 At-sea sea sampler/observer multiple NE multispecies broad stock INSHORE GB STOCK AREA 2 coverage. areas, as defined in paragraph (k)(3) of * * * * * this section, on the same trip must W. Lon- (j) In the event that a vessel is Point N. Latitude gitude submit a trip-level hail report via VMS requested by the Regional Administrator detailing the amount of each regulated G9 ...... 42°00′ (1) to carry a NMFS-certified fisheries species retained (in pounds, landed G10 ...... 42°20′ 70°00′ observer pursuant to paragraph (a) of weight) within each broad stock area IGB1 ...... 42°20′ 68°50′ this section and is also selected to carry prior to crossing the VMS demarcation IGB2 ...... 41°00′ 68°50′ an at-sea monitor as part of an approved line, as defined in § 648.10, upon its IGB3 ...... 41°00′ 69°30′ Sector at-sea monitoring program return to port following each fishing trip IGB4 ...... 41°10′ 69°30′ specified in § 648.87(b)(1)(v) for the on which regulated species were caught, IGB5 ...... 41°10′ 69°50′ ° ′ ° ′ same trip, only the NMFS-certified as instructed by the Regional IGB6 ...... 41 20 69 50 fisheries observer is required to go on IGB7 ...... 41°20′ 70°00′ Administrator. This reporting G12 ...... (2) 70°00′ that particular trip. requirement is in addition to the (k) NE multispecies observer reporting requirements specified in 1 The intersection of the Cape Cod, MA, coverage—(1) Pre-trip notification. ° ′ paragraph (k)(1) of this section and any coastline and 42 00 N. lat. Unless otherwise specified in this 2 South-facing shoreline of Cape Cod, MA. other reporting requirements specified paragraph (k), or notified by the in this part. A vessel is exempt from the (iii) Offshore GB Stock Area 3. The Regional Administrator, the owner, reporting requirements specified in this Offshore GB Stock Area 3 is defined by operator, or manager of a vessel (i.e., paragraph (k)(2) if it is fishing in a straight lines connecting the following vessel manager or Sector manager) special management program, as points in the order stated: issued a limited access NE multispecies specified in § 648.85, and is required to permit that is fishing under a NE submit daily VMS catch reports OFFSHORE GB STOCK AREA 3 multispecies DAS or on a Sector trip, as consistent with the requirements of that defined in this part, must provide program. The Regional Administrator Point N. Latitude W. Lon- advanced notice to NMFS of the vessel may adjust the reporting frequency gitude name, permit number, and Sector to specified in this paragraph and may IGB1 ...... 42°20′ 68°50′ which the vessel belongs, if applicable; exempt vessels on a Sector trip from the 42°20′ 67°20′ contact name and telephone number for reporting requirements specified in this CII3 ...... 42°22′ 67°20′ coordination of observer deployment; paragraph (k)(2) if it is determined that SNE1 ...... 40°27′ 65°43′ date, time, and port of departure; area to such reporting requirements would SNE2 ...... 39°00′ (1) be fished; and gear type to be used at duplicate those specified in § 648.87(b). SNE3 ...... 39°00′ 69°00′ least 48 hr prior to departing port on (3) NE multispecies broad stock areas. SNE4 ...... 39°50′ 69°00′ any trip declared into the NE SNE5 ...... 39°50′ 68°50′ multispecies fishery pursuant to For the purposes of the area-specific ° ′ ° ′ reporting requirements listed in IGB1 ...... 42 20 68 50 § 648.10 or § 648.85, as instructed by the paragraphs (k)(1) and (2) of this section, 1 The U.S.-Canada maritime boundary as it Regional Administrator, for the the NE multispecies broad stock areas intersects with the EEZ. purposes of selecting vessels for

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observer deployment. For trips lasting d. Add paragraphs (d)(3), (k)(2)(iii), the stowage requirements of § 648.23(b), 48 hr or less in duration from the time (k)(7)(i)(C)(4), (k)(9)(ii)(M), (k)(9)(iii)(E) or unless the vessel has not been issued the vessel leaves port to begin a fishing and (F), (k)(12)(iii)(F), (k)(12)(ix), a Federal NE multispecies permit and trip until the time the vessel returns to (k)(13)(ii)(I) and (J), (k)(16)(vi) through fishes for, possesses, or lands NE port upon the completion of the fishing (viii), (k)(18), and (k)(19) to read as multispecies exclusively in state waters. trip, the vessel owner, operator, or follows: * * * * * manager may make a weekly § 648.14 Prohibitions. (6) * * * notification rather than trip-by-trip (ii) * * * calls. For weekly notifications, a vessel * * * * * (A) * * * must notify NMFS by 0001 hr of the (d) * * * (1) If the vessel has been issued a Friday preceding the week (Sunday (3) Fail to comply with the limited access NE multispecies permit through Saturday) that they intend to appropriate VMS reporting and fishes under a NE multispecies DAS complete at least one NE multispecies requirements, as specified in § 648.10. or on a Sector trip with gillnet gear, fail DAS or Sector trip during the following * * * * * to comply with gillnet tagging week and provide the date, time, port of (e) * * * requirements specified in departure, area to be fished, and gear (1) Assault, resist, oppose, impede, §§ 648.80(a)(3)(iv)(B)(4), (a)(3)(iv)(C), type to be used for each trip during that harass, intimidate, or interfere with or (a)(4)(iv)(B)(3), (b)(2)(iv)(B)(3), and week. Trip notification calls must be bar by command, impediment, threat, or (c)(2)(v)(B)(3), or fail to produce made no more than 10 days in advance coercion any NMFS-approved observer immediately, or cause to be produced of each fishing trip. The vessel owner, or sea sampler conducting his or her immediately, gillnet tags when operator, or manager must notify NMFS duties; any authorized officer requested by an authorized officer. of any trip plan changes at least 24 hr conducting any search, inspection, * * * * * prior to vessel departure from port. A investigation, or seizure in connection (7) * * * vessel may not begin the trip without with enforcement of this part; any (i) * * * being issued an observer notification or official designee of the Regional (B) Fish for, harvest, possess, or land a waiver by NMFS. Administrator conducting his or her regulated species in or from the closed (2) Vessel selection for observer duties, including those duties areas specified in § 648.81(a) through (f), coverage. NMFS shall notify the vessel authorized in § 648.7(g); or any unless otherwise specified in owner, operator, or manager whether dockside/roving monitor conducting his § 648.81(c)(2)(iii), (f)(2)(i), (f)(2)(iii), the vessel must carry an observer, or if or her duties, including those duties (f)(2)(vi), or as authorized under a waiver has been granted, for the authorized in § 648.82(n)(2) or specified trip within 24 hr of the vessel § 648.85. § 648.87(b)(1)(v)(B)(1). (C) * * * owner’s, operator’s or manager’s * * * * * (4) Fail to comply with the notification of the prospective trip, as (k) * * * restrictions on fishing and gear specified specified in paragraph (k)(1) of this (2) * * * in § 648.81(n) for the NE multispecies section. All trip notifications shall be (iii) Fail to comply with the pre-trip issued a unique confirmation number. A restricted gear areas. notification requirements of the NE vessel may not fish in an area with an * * * * * multispecies observer program specified observer waiver confirmation number (9) * * * in § 648.11(k). that does not match the trip plan that (ii) * * * (3) * * * was called in to NMFS. Confirmation (M) Lease NE multispecies DAS to or (i) Purchase, possess, or receive as a numbers for trip notification calls are from a common pool vessel if either the dealer, or in the capacity of a dealer, valid for 48 hr from the intended sail Lessor or the Lessee vessel is a Sector regulated species or ocean pout in date. If a trip is interrupted and returns vessel. excess of the possession limits specified to port due to bad weather or other (iii) * * * in § 648.82, § 648.85, § 648.86, or circumstance beyond the operator’s (E) Transfer NE multispecies DAS to § 648.87 applicable to a vessel issued a control, and goes back out within 48 hr, or from a common pool vessel if either NE multispecies permit, unless the same confirmation number and the Transferor or the Transferee vessel otherwise specified in § 648.17, or observer status remains. If the layover is a Sector vessel. unless the regulated species or ocean time is greater than 48 hr, a new trip (F) Transfer NE multispecies DAS to pout are purchased or received from a notification must be made by the or from a Sector vessel if either the vessel that caught them on a Sector trip operator, owner, or manager of the Transferor or the Transferee vessel is and such species are exempt from such vessel. enrolled in a different Sector for that 7. In § 648.14, possession limits in accordance with an particular fishing year. a. Revise the introductory text to approved Sector operations plan, as (iv) * * * paragraph (k)(12)(iii); specified in § 648.87(c). (B) For any common pool or Sector b. Revise paragraphs (e)(1), (k)(3)(i), * * * * * vessel, fail to comply with the gillnet (k)(5)(vi)(B), (k)(6)(ii)(A)(1), (k)(7)(i)(B), (5) * * * requirements and restrictions specified (k)(9)(iv)(B), (k)(11)(i)(A)(2), (k)(11)(ii), (vi) * * * in § 648.82(j), unless otherwise (k)(11)(iii)(D), (k)(11)(iv)(A), (B) Possess, land, or fish for regulated exempted pursuant to § 648.87. (k)(11)(v)(A), (k)(11)(vi), (k)(12)(iii)(A) species or ocean pout, except winter * * * * * through (E), (k)(12)(vi)(D), (k)(12)(vi)(G), flounder as provided for in accordance (11) * * * (k)(12)(vi)(I), (k)(12)(vii)(A)(1) and (2), with § 648.80(i) from or within the areas (i) * * * (k)(12)(viii), (k)(13)(i)(A), (k)(13)(ii)(A) described in § 648.80(i), while in (A) * * * through (C), and (k)(14); possession of scallop dredge gear on a (2) If fishing under a NE multispecies c. Remove and reserve paragraph vessel not fishing under the scallop DAS DAS in the Western U.S./Canada Area (k)(9)(i), (k)(9)(ii)(G) and (I), program as described in § 648.53, or or Eastern U.S./Canada Area specified (k)(11)(v)(B)(1), (k)(12)(iv), and fishing under a LAGC permit, unless the in § 648.85(a)(1), exceed the trip limits (k)(13)(ii)(D)(3); and vessel and the dredge gear conform with specified in § 648.85(a)(3)(iv), unless

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further restricted under § 648.85(b) or (B) Enter or fish in Closed Area II as (viii) Discard legal-sized NE regulated exempted under § 648.87. specified in § 648.81(b), unless declared multispecies or ocean pout while * * * * * into the area in accordance with fishing under a Special Access Program, (ii) Gear requirements for all persons. § 648.85(b)(3)(v) or § 648.85(b)(8)(v)(D). as described in § 648.85(b)(3)(xi), If fishing with trawl gear under a NE (C) Enter or fish in Closed Area II (b)(6)(iv)(E), (b)(7)(iv)(H), or (b)(8)(v)(I), multispecies DAS or on a Sector trip in under the Closed Area II Yellowtail unless otherwise required pursuant to the Eastern U.S./Canada Area defined in Flounder/Haddock SAP outside of the possession prohibitions specified in § 648.85(a)(1)(ii), fail to fish with a season specified in § 648.85(b)(3)(iii). § 648.86 or § 648.87. haddock separator trawl, flounder trawl (D) If fishing in the Closed Area II (ix) GOM Haddock Sink Gillnet Pilot net, or Ruhle trawl, as specified in Yellowtail Flounder/Haddock SAP Program. (A) Fail to comply with the § 648.85(a)(3)(iii) and (b)(6)(iv)(J)(1), specified in § 648.85(b)(3), exceed the mesh size, net restriction, DAS use unless using other gear authorized number of trips specified in restriction, or notification requirements under § 648.85(b)(6) or (8). § 648.85(b)(3)(vi) or (vii). specified in § 648.85(b)(9), unless otherwise exempted pursuant to (iii) * * * (E) If fishing in the Closed Area II Yellowtail Flounder/Haddock SAP § 648.87. (D) If fishing under a NE multispecies specified in § 648.85(b)(3), exceed the (B) Fail to possess on board a letter of DAS or on a Sector trip in the Eastern trip limits specified in authorization issued by the Regional U.S./Canada Area specified in § 648.85(b)(3)(viii). Administrator when participating in the § 648.85(a)(1)(ii), but not in a SAP (F) If fishing in the Closed Area II GOM Haddock Sink Gillnet Pilot specified in § 648.85(b) on the same trip, Yellowtail Flounder/Haddock SAP Program, as required by fail to comply with the requirements specified in § 648.85(b)(3), fail to § 648.85(b)(9)(v)(C). specified in § 648.85(a)(3). comply with the gear requirements (C) Fish for, harvest, possess, or land * * * * * specified in § 648.85(b)(3)(x). regulated species or ocean pout while (iv) * * * * * * * * operating under the GOM Haddock Sink (A) If fishing under a NE multispecies (vi) * * * Gillnet Pilot Program pursuant to DAS or on a Sector trip in the Western (D) If fishing in the Closed Area I § 648.85(b)(9) after the program has been U.S./Canada Area or Eastern U.S./ Hook Gear Haddock SAP specified in closed pursuant to § 648.85(b)(9)(viii). Canada Area specified in § 648.85(a)(1), § 648.85(b)(7), fail to comply with the (13) * * * fail to report landings in accordance applicable DAS use restrictions (i) * * * (A) Under § 648.85 or § 648.86, fail to with § 648.85(a)(3)(v). specified in § 648.85(b)(7)(iv)(A) and offload a sufficient amount of regulated * * * * * (b)(7)(vi)(A). (v) * * * species or ocean pout subject to a daily * * * * * possession limit at the end of a fishing (A) All persons. If fishing under a NE (G) If fishing in the Closed Area I trip, as required by § 648.86(i). multispecies DAS in the Eastern U.S./ Hook Gear Haddock SAP specified in (ii) * * * Canada Area specified in § 648.85(b)(7), fail to comply with the (A) Land, or possess on board a § 648.85(a)(1)(ii), and in one of the SAPs applicable gear restrictions specified in vessel, more than the possession or specified in § 648.85(b)(3) or (8) on the § 648.85(b)(7)(iv)(E), and (b)(7)(v)(A) or landing limits specified in § 648.86(a), same trip, fail to comply with the no (b)(7)(vi)(B). (b), (c), (d), (e), (g), (h), (j), (k), and (l); discard and DAS flip provisions * * * * * or violate any of the other provisions of specified in § 648.85(b)(3)(xi) and (I) If fishing in the Closed Area I Hook § 648.86, unless otherwise specified in (b)(8)(v)(I), or the minimum Category A Gear Haddock SAP specified in § 648.17. DAS requirement specified in § 648.85(b)(7), fail to comply with the (B) Possess or land per trip more than § 648.85(b)(3)(xii) and (b)(8)(v)(J). applicable reporting requirement the possession or landing limits * * * * * specified in § 648.85(b)(7)(v)(C) or specified in § 648.86(a), (b), (c), (e), (g), (vi) Closure of the U.S./Canada Area (b)(7)(vi)(D). (h), (j), and (l); § 648.81(n), for all persons. If fishing under a NE (vii) * * * § 648.82(b)(5) and (6), § 648.85, or multispecies DAS or on a Sector trip, (A) * * * § 648.88 if the vessel has been issued a declare into, enter, or fish in the Eastern (1) If fishing under a NE multispecies limited access NE multispecies permit U.S./Canada Area specified in DAS or on a Sector trip in the Eastern or open access NE multispecies permit, § 648.85(a)(1) if the area is closed under U.S./Canada Haddock SAP specified in as applicable. the authority of the Regional § 648.85(b)(8), in the area specified in (C) Fish for, possess at any time Administrator as described in § 648.85(b)(8)(ii), and during the season during a trip, or land regulated NE § 648.85(a)(3)(iv)(D) or (E), unless specified in § 648.85(b)(8)(iv), fail to multispecies or ocean pout specified in fishing in the Closed Area II Yellowtail comply with § 648.85(b)(8)(v). § 648.86 after using up the vessel’s Flounder/Haddock SAP specified in (2) VMS and declaration annual DAS allocation or when not § 648.85(b)(3) or the Eastern U.S./ requirements. (i) If fishing under a NE participating in the DAS program Canada Haddock SAP Program specified multispecies DAS or on a Sector trip in pursuant to § 648.82, unless otherwise in § 648.85(b)(8). the Eastern U.S./Canada Haddock SAP exempted by § 648.82(b)(5), § 648.87, or (12) * * * in the area specified in § 648.85(b)(8)(ii), § 648.89, or allowed pursuant to (iii) Closed Area II Yellowtail fail to comply with the VMS § 648.85(b)(6) or § 648.88. Flounder/Haddock SAP restrictions for requirements in § 648.85(b)(8)(v)(B). * * * * * all persons. (A) If fishing under the (ii) If fishing under a NE multispecies (I) For common pool vessels, Closed Area II Yellowtail Flounder/ DAS or on a Sector trip, fish in the including vessels issued a limited Haddock SAP, fish for, harvest, possess, Eastern U.S./Canada Haddock SAP access monkfish permit and fishing or land any regulated NE multispecies specified in § 648.85(b)(8), unless under the monkfish Category C or D or ocean pout from the area specified in declared into the program in accordance permit provisions, land regulated § 648.85(b)(3)(ii), unless in compliance with § 648.85(b)(8)(v)(D). species or ocean pout more than once with § 648.85(b)(3)(i) through (xiii). * * * * * within any 24-hr period.

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(J) For common pool vessels, either an at-sea monitor or electronic (a) * * * including vessels issued a limited monitoring equipment for that trip, as (5) * * * access monkfish permit and fishing prohibited by § 648.87(b)(6)(iii)(A). (ii) NE multispecies possession limits under the monkfish Category C or D (xii) Leave port to begin a trip if a and yellowtail flounder TAC. Subject to permit provisions, fail to comply with vessel has failed a review of safety the seasonal restriction established the most restrictive trip limits issues by an at-sea monitor and has not under the Sea Scallop Area Access applicable when fishing in multiple successfully resolved any identified Program and specified in § 648.59(b)(4), areas, as specified in § 648.85 or safety deficiencies, as prohibited by (c)(4), and (d)(4), and provided the § 648.86. § 648.87(b)(6)(iv)(A). vessel has been issued a NE (14) Sector requirements. It is * * * * * multispecies permit as specified in unlawful for any person, including any (16) * * * § 648.4(a)(1), after declaring a trip into owner or operator of a vessel issued a (vi) Size limits. If fishing under the a Sea Scallop Access Area and fishing valid Federal NE multispecies permit recreational or charter/party regulations, within the Access Areas described in and fishing on a Sector trip to do any possess regulated species or ocean pout § 648.59(b) through (d), a vessel owner of the following: that are smaller than the minimum fish or operator of a limited access scallop (i) Fail to abide by the restrictions sizes specified in § 648.89(b)(1) and vessel may fish for, possess, and land, specified in § 648.87(b)(1). (b)(3). per trip, up to a maximum of 1,000 lb (ii) Catch regulated species or ocean (vii) Identification. If fishing under (453.6 kg) of all NE multispecies pout in excess of ACE allocated or the recreational or charter/party combined, subject to the minimum transferred to that Sector pursuant to regulations, possess regulated species or commercial fish size restrictions § 648.87(b)(1)(i) and (viii), respectively. ocean pout without at least 2 square specified in § 648.83(a)(2), and the (iii) Fish in a particular stock area, the inches (5.1 square cm) of contiguous additional restrictions for Atlantic cod, Eastern U.S./Canada Area, or a SAP if skin that allows for the ready haddock, and yellowtail flounder the Sector has not been allocated, does identification of the species of fish upon specified in paragraphs (a)(5)(ii)(A) not acquire, or otherwise has landing. through (C) of this section. insufficient ACE remaining/available for (viii) Atlantic wolffish. If fishing * * * * * all stocks caught in that area, or fail to under the recreational or charter/party (C) * * * operate in a manner that would not regulations, possess Atlantic wolffish. (2) SNE/MA yellowtail flounder catch stocks for which the Sector has possession limit. Such vessels fishing not been allocated ACE, as described in * * * * * (18) Trimester TAC AM—(i) Vessel within the Nantucket Lightship Access an approved Sector operations plan Area described in § 648.59(d) may fish pursuant to § 648.87(b)(2)(xiv), as and operator permit holders. (A) Fish for, harvest, possess, or land regulated for, possess, and land yellowtail prohibited in § 648.87(b)(1)(ii); flounder up to the overall possession (iv) Violate the provisions of an species or ocean pout in or from the closed areas specified in limit of all NE multispecies combined, approved Sector operations plan or as specified in paragraph (a)(5)(ii) of this letter of authorization issued by the § 648.82(n)(2)(ii) once such areas are closed pursuant to § 648.82(n)(2)(i). section, except that such vessels may Regional Administrator, as required by not fish for, possess, or land more than § 648.87(b)(1)(iv) and (b)(2). (B) Fail to comply with the reporting/ recordkeeping requirements specified in the possession limit of yellowtail (v) Fail to remain in the Sector for the flounder as specified in § 648.86(g), remainder of the fishing year, as § 648.87(b)(5). (C) Employ a dockside/roving monitor provided the Regional Administrator required by § 648.87(b)(1). has not issued a notice that the scallop (vi) Unless otherwise required to use service provider that is not approved/ fishery portion of the yellowtail a NE multispecies DAS to participate in certified by NMFS, as specified in flounder TAC as specified in another fishery, fish in the NE § 648.82(n)(2)(iv)(B). § 648.85(c)(i) has been harvested. multispecies DAS program in a given (19) Dockside/roving and at-sea/ fishing year or, for common pool electronic monitoring service providers. * * * * * vessels, fish in an approved Sector in a It is unlawful for any dockside/roving 9. In § 648.80, revise the introductory given fishing year. and at-sea/electronic monitoring service text to paragraphs (a)(4)(iv), (a)(11), (vii) If a vessel is removed from a provider, including individual (b)(2)(iv), (b)(11), and (c)(2)(v); and Sector for violating the Sector rules, fish dockside/roving or at-sea monitors, to revise paragraphs (a)(3)(i), under the NE multispecies regulations do any of the following: (a)(3)(iv)(A)(1), (a)(3)(iv)(B)(1) and (2), for common pool vessels. (i) Fail to comply with the operational (a)(3)(vi), (a)(4)(i), (a)(4)(iv)(A), (viii) Discard legal-sized regulated requirements, including the (a)(4)(iv)(B)(1), (a)(8)(i), (a)(11)(i)(B), species or ocean pout allocated to recordkeeping and reporting (b)(2)(i), (b)(2)(iv)(A), (b)(2)(iv)(B)(1), Sectors pursuant to § 648.87(b)(1)(i), as requirements, specified in § 648.87(b)(5) (b)(2)(vi), (b)(11)(i), (c)(2)(i), (c)(2)(v)(A), prohibited by § 648.87(b)(1)(v). or (6). (c)(2)(v)(B)(1), and (h)(2) to read as (ix) Fail to comply with the reporting (ii) Provide false or inaccurate follows: requirements specified in information regarding area fished; § 648.80 NE Multispecies regulated § 648.87(b)(1)(v) or (vi). species identification; or amount of each mesh areas and restrictions on gear and (x) Offload fish before a dockside/ species kept, discarded, or landed. methods of fishing. roving monitor arrives, if selected to * * * * * * * * * * have its offloading events observed by a 8. In § 648.60, revise the introductory (a) * * * dockside/roving monitor, as prohibited text to paragraph (a)(5)(ii) and revise (3) * * * by § 648.87(b)(5)(i)(C). paragraph (a)(5)(ii)(C)(2) to read as (i) Vessels using trawls. Except as (xi) Leave port to begin a trip before follows: provided in paragraphs (a)(3)(i) and (vi) an at-sea monitor has arrived and of this section and § 648.85(b)(6), and boarded the vessel or before electronic § 648.60 Sea scallop area access program unless otherwise restricted under monitoring equipment has been requirements. paragraph (a)(3)(iii) of this section, the properly installed if assigned to carry * * * * * minimum mesh size for any trawl net,

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except a midwater trawl, on a vessel or which must be tagged pursuant to paragraph (a)(3)(i) of this section, used by a vessel fishing under the NE paragraph (a)(3)(iv)(C) of this section, provided the vessel complies with the multispecies DAS program or on a except as provided in § 648.92(b)(8)(i). requirements of paragraphs (a)(3)(vii) of Sector trip in the GOM Regulated Mesh Vessels may fish any combination of this section. This restriction does not Area is 6-inch (15.2-cm) diamond mesh roundfish and flatfish gillnets up to 100 apply to nets or pieces of nets smaller or 6.5-inch (16.5-cm) square mesh, nets, and may stow additional nets not than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq ft applied throughout the body and to exceed 160 nets, counting deployed (0.81 sq m)), or to vessels that have not extension of the net, or any combination nets. been issued a NE multispecies permit thereof, and 6.5-inch (16.5-cm) diamond * * * * * and that are fishing exclusively in state mesh or square mesh applied to the (vi) Other restrictions and waters. codend of the net as defined in exemptions. A vessel is prohibited from * * * * * paragraphs (a)(3)(i)(A) and (B) of this fishing in the GOM or GB Exemption (iv) Gillnet vessels. Except as section, provided the vessel complies Area as defined in paragraph (a)(17) of provided in paragraph (a)(3)(vi) of this with the requirements of paragraph this section, except if fishing with section and this paragraph (a)(4)(iv), for (a)(3)(vii) of this section. This restriction exempted gear (as defined under this Day and Trip gillnet vessels, the does not apply to nets or pieces of nets part) or under the exemptions specified minimum mesh size for any sink gillnet, smaller than 3 ft (0.9 m) x 3 ft (0.9 m), in paragraphs (a)(5) through (7), (a)(9) and the minimum mesh size for any (9 sq ft (0.81 sq m)), or to vessels that through (14), (d), (e), (h), and (i) of this roundfish or flatfish gillnet when have not been issued a NE multispecies section; or if fishing under a NE fishing in that portion of the GB permit and that are fishing exclusively multispecies DAS; or if fishing on a Regulated Mesh Area that lies within in state waters. Sector trip; or if fishing under the Small the SNE Exemption Area, as described (iv) * * * Vessel or Handgear A permit specified in paragraph (b)(10) of this section, that (A) * * * in § 648.82(b)(5) and (6), respectively; or is not stowed and available for (1) Mesh size. Except as provided in if fishing under a Handgear B permit immediate use in accordance with paragraphs (a)(3)(iv) and (vi) of this specified in § 648.88(a); or if fishing § 648.23(b), when fishing under a DAS section, and § 648.85(b)(9), and unless under the scallop state waters in the NE multispecies DAS program or otherwise restricted under paragraph exemptions specified in § 648.54 and on a Sector trip in the GB Regulated (a)(3)(iii) of this section, for any vessel paragraph (a)(11) of this section; or if Mesh Area is 6.5 inches (16.5 cm) that obtains an annual designation as a fishing under a scallop DAS in throughout the entire net. This Trip gillnet vessel, the minimum mesh accordance with paragraph (h) of this restriction does not apply to nets or size for any sink gillnet when fishing in section; or if fishing pursuant to a NE pieces of nets smaller than 3 ft (0.9 m) the NE multispecies DAS program or on multispecies open access Charter/Party × 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or a Sector trip in the GOM Regulated or Handgear permit specified in to vessels that have not been issued a Mesh Area is 6.5 inches (16.5 cm) § 648.88; or if fishing as a charter/party NE multispecies permit and that are throughout the entire net. This or private recreational vessel in fishing exclusively in state waters. restriction does not apply to nets or compliance with § 648.89. Any gear on (A) Trip gillnet vessels. A Trip gillnet pieces of nets smaller than 3 ft (0.9 m) a vessel, or used by a vessel, in this area vessel fishing under a NE multispecies x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or must be authorized under one of these DAS or on a Sector trip and fishing in to vessels that have not been issued a exemptions or must be stowed as the GB Regulated Mesh Area may not NE multispecies permit and that are specified in § 648.23(b). fish with nets longer than 300 ft (91.4 fishing exclusively in state waters. * * * * * m), or 50 fathoms (91.4 m) in length. * * * * * (4) * * * (B) * * * (B) * * * (i) Vessels using trawls. Except as (1) Number of nets. A Day gillnet (1) Mesh size. Except as provided in provided in paragraph (a)(3)(vi) of this vessel fishing under a NE multispecies paragraphs (a)(3)(iv) and (vi) of this section, this paragraph (a)(4)(i), DAS or on a Sector trip and fishing in section, and § 648.85(b)(9), and unless § 648.85(b)(6) and (8), and the GB Regulated Mesh Area may not otherwise restricted under paragraph § 648.87(c)(2)(ii), and unless otherwise fish with, haul, possess, or deploy more (a)(3)(iii) of this section, for any vessel restricted under paragraph (a)(4)(iii) of than 50 nets, except as provided in that obtain an annual designation as a this section, the minimum mesh size for § 648.92(b)(8)(i). Day gillnet vessel, the minimum mesh any trawl net, except a midwater trawl, * * * * * size for any sink gillnet when fishing and the minimum mesh size for any (8) * * * under the NE multispecies DAS trawl net when fishing in that portion of (i) Exemption allowing no incidental program or on a Sector trip in the GOM the GB Regulated Mesh Area that lies catch of regulated multispecies. An Regulated Mesh Area is 6.5 inches (16.5 within the SNE Exemption Area, as exemption may be added in an existing cm) throughout the entire net. This described in paragraph (b)(10) of this fishery for which there are sufficient restriction does not apply to nets or section, that is not stowed and available data or information to ascertain the pieces of nets smaller than 3 ft (0.9 m) for immediate use in accordance with amount of regulated species bycatch, if x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or § 648.23(b), on a vessel or used by a the Regional Administrator, after to vessels that have not been issued a vessel fishing under the NE consultation with the NEFMC, NE multispecies permit and that are multispecies DAS program or on a determines that the percentage of fishing exclusively in state waters. Sector trip in the GB Regulated Mesh regulated species caught as bycatch is, (2) Number of nets. A day gillnet Area is 6-inch (15.2-cm) diamond mesh or can be reduced to, less than 5 vessel fishing under a NE multispecies or 6.5-inch (16.5-cm) square mesh percent, by weight, of total catch, unless DAS or on a Sector trip and fishing in applied throughout the body and otherwise specified in this paragraph the GOM Regulated Mesh Area may not extension of the net, or any combination (a)(8)(i) of this section, and that such fish with, haul, possess, or deploy more thereof, and 6.5-inch (16.5-cm) diamond exemption will not jeopardize fishing than 50 roundfish sink gillnets or 100 mesh or square mesh applied to the mortality objectives. The 5-percent flatfish (tie-down) sink gillnets, each of codend of the net as defined in regulated species incidental bycatch

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standard could be modified for a stock GOM SCALLOP DREDGE EXEMPTION (A) Trip gillnet vessels. A Trip gillnet that is not in an overfished condition, or AREA—Continued vessel fishing under a NE multispecies if overfishing is not occurring on that DAS or on a Sector trip and fishing in stock. When considering modifications the SNE Regulated Mesh Area may not Point N. Latitude W. Lon- of the standard, it must be shown that gitude fish with nets longer than 300 ft (91.4 the change will not delay a rebuilding ° ′ ° ′ m), or 50 fathoms (91.4 m) in length. program, or result in overfishing or an SM6 ...... 43 58 67 22 SM7 ...... (1) (1) (B) * * * overfished condition. In determining (1) Number of nets. A Day gillnet whether exempting a fishery may 1 Northward along the irregular U.S.-Canada maritime boundary to the shoreline. vessel fishing under a NE multispecies jeopardize meeting fishing mortality DAS or on a Sector trip and fishing in objectives, the Regional Administrator (i) * * * the SNE Regulated Mesh Area may not may take into consideration various (B) A vessel fishing in the GOM fish with, haul, possess, or deploy more factors including, but not limited to, Scallop Dredge Fishery Exemption Area than 75 nets, except as provided in juvenile mortality, sacrifices in yield under the exemption specified in this § 648.92(b)(8)(i). Such vessels, in that will result from that mortality, the paragraph (a)(11) must fish with dredge accordance with § 648.23(b), may stow ratio of target species to regulated gear. The combined dredge width in use additional nets not to exceed 160, species, status of stock rebuilding, and by, or in possession on board, may not counting deployed nets. recent recruitment of regulated species. exceed 10.5 ft (3.2 m), measured at the * * * * * A fishery can be defined, restricted, or widest point in the bail of the dredge. allowed by area, gear, season, or other (vi) Other restrictions and means determined to be appropriate to * * * * * exemptions. A vessel is prohibited from reduce bycatch of regulated species. The (b) * * * fishing in the SNE Exemption Area, as Regional Administrator may modify or (2) * * * defined in paragraph (b)(10) of this delete an existing exemption if he/she (i) Vessels using trawls. Except as section, except if fishing with exempted determines that the catch of regulated provided in paragraphs (b)(2)(i) and (vi) gear (as defined under this part) or species is equal to or greater than 5 of this section, and § 648.85(b)(6), and under the exemptions specified in percent, by weight of total catch, or unless otherwise restricted under paragraphs (b)(3), (b)(5) through (9), another pertinent approved amount, or paragraph (b)(2)(iii) of this section, the (b)(11), (c), (e), (h), and (i) of this that continuing the exemption may minimum mesh size for any trawl net, section; or if fishing under a NE jeopardize meeting fishing mortality not stowed and not available for multispecies DAS; or if fishing on a objectives. Notification of additions, immediate use in accordance with Sector trip; or if fishing under the Small deletions, or modifications will be made § 648.23(b), except midwater trawl, on a Vessel or Handgear A permit specified through issuance of a rule in the Federal vessel or used by a vessel fishing under in § 648.82(b)(5) and (6), respectively; or Register. the NE multispecies DAS program or on if fishing under a Handgear B permit * * * * * a Sector trip in the SNE Regulated Mesh specified in § 648.88(a); or if fishing (11) GOM Scallop Dredge Exemption Area is 6-inch (15.2-cm) diamond mesh under a scallop state waters exemption Area. Unless otherwise prohibited in or 6.5-inch (16.5-cm) square mesh, specified in § 648.54; or if fishing under § 648.81, vessels with a limited access applied throughout the body and a scallop DAS in accordance with scallop permit that have declared out of extension of the net, or any combination paragraph (h) of this section; or if the DAS program as specified in thereof, and 6.5-inch (16.5-cm) square or fishing under a General Category scallop § 648.10, or that have used up their DAS diamond mesh applied to the codend of permit in accordance with paragraphs allocations, and vessels issued a General the net, as defined in paragraph (a)(3)(i) (b)(11)(i)(A) and (B) of this section; or if Category scallop permit, may fish in the of this section. This restriction does not fishing pursuant to a NE multispecies GOM Regulated Mesh Area specified in apply to nets or pieces of nets smaller open access Charter/Party or Handgear paragraph (a)(1) of this section, when than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq ft permit specified in § 648.88; or if fishing not under a NE multispecies DAS, (0.81 sq m)), or to vessels that have not as a charter/party or private recreational providing the vessel fishes in the GOM been issued a NE multispecies permit vessel in compliance with the Scallop Dredge Exemption Area and and that are fishing exclusively in state regulations specified in § 648.89. Any complies with the requirements waters. gear on a vessel, or used by a vessel, in specified in paragraph (a)(11)(i) of this * * * * * this area must be authorized under one section. The GOM Scallop Dredge (iv) Gillnet vessels. For Day and Trip of these exemptions or must be stowed Fishery Exemption Area is defined by gillnet vessels, the minimum mesh size as specified in § 648.23(b). the straight lines connecting the for any sink gillnet not stowed and not * * * * * following points in the order stated available for immediate use in (11) SNE Scallop Dredge Exemption (copies of a map depicting the area are accordance with § 648.23(b), when Area. Unless otherwise prohibited in available from the Regional fishing under a DAS in the NE § 648.81, or 50 CFR part 648, subpart D, Administrator upon request): multispecies DAS program or on a vessels with a limited access scallop Sector trip in the SNE Regulated Mesh permit that have declared out f the DAS GOM SCALLOP DREDGE EXEMPTION Area, is 6.5 inches (16.5 cm) throughout program as specified in § 648.10, or that AREA the entire net. This restriction does not have used up their DAS allocation, and apply to nets or pieces of nets smaller vessels issued a General Category × Point N. Latitude W. Lon- than 3 ft (0.9 m) 3 ft (0.9 m), (9 sq ft scallop permit, may fish in the SNE gitude (0.81 sq m)), or to vessels that have not RMA when not under a NE multispecies SM1 ...... 41°35′ 70°00′ been issued a NE multispecies permit DAS, provided the vessel fishes in the SM2 ...... 41°35′ 69°40′ and that are fishing exclusively in state SNE Scallop Dredge Exemption Area SM3 ...... 42°49.5′ 69°40′ waters. Day gillnet vessels must also and complies with the requirements SM4 ...... 43°12′ 69°00′ abide by the tagging requirements in specified in paragraph (b)(11)(ii) of this SM5 ...... 43°41′ 68°00′ paragraph (a)(3)(iv)(C) of this section. section.

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(i) The SNE Scallop Dredge multispecies DAS program or on a than 300 ft (91.4 m) and not greater than Exemption Area is that area (copies of Sector trip in the MA Regulated Mesh 6 ft (1.83 m) deep, with a maximum a chart depicting this area are available Area, is 6.5 inches (16.5 cm) throughout mesh size of 3 inches (7.6 cm), from the Regional Administrator upon the entire net. This restriction does not provided: request): apply to nets or pieces of nets smaller * * * * * (A) Bounded on the west, south and than 3 ft (0.9 m) × 3 ft (0.9 m), (9 sq ft (vi) That are fishing on a Sector trip, east by straight lines connecting the (0.81 sq m)), or to vessels that have not provided such vessels comply with the following points in the order stated: been issued a NE multispecies permit following restricted areas referred to as and that are fishing exclusively in state the Sector Rolling Closure Areas: W. Lon- waters. (A) Sector Rolling Closure Area I. Point N. Latitude gitude (A) Trip gillnet vessels. A Trip gillnet From March 1 through March 31, the Sc1 ...... (1) 72°30′ vessel fishing under a NE multispecies restrictions specified in this paragraph Sc2 ...... 40°00′ 72°30′ DAS or on a Sector trip and fishing in (f)(2)(vi) apply to Sector Rolling Closure Sc3 ...... 40°00′ 71°40′ the MA Regulated Mesh Area may not Area I, which is the area bounded by Sc4 ...... 39°50′ 71°40′ fish with nets longer than 300 ft (91.4 straight lines connecting the following Sc5 ...... 39°50′ 70°00′ m), or 50 fathoms (91.4 m) in length. points in the order stated: Sc6 ...... (2) 70°00′ (B) * * * Sc7 ...... (3) 70°00′ (1) Number of nets. A Day gillnet SECTOR ROLLING CLOSURE AREA I Sc8 ...... (4) 70°00′ vessel fishing under a NE multispecies [March 1–March 31] 1 South facing shoreline of Long Island, NY. DAS or on a Sector trip and fishing in 2 South facing shoreline of Nantucket, MA. the MA Regulated Mesh Area, may not 3 W. Lon- North facing shoreline of Nantucket, MA. Point N. Latitute gitude 4 South facing shoreline of Cape Cod, MA. fish with, haul, possess, or deploy more than 75 nets, except as provided in (B) Bounded on the northwest by § 648.92(b)(8)(i). Such vessels, in GM3 ...... 42°00′ (1) straight lines connecting the following GM5 ...... 42°00′ 68°30′ accordance with § 648.23(b), may stow ° ′ ° ′ points in the order stated: GM6 ...... 42 30 68 30 additional nets not to exceed 160, GM23 ...... 42°30′ 70°00′ counting deployed nets. Point N. Latitude W. Lon- 1 Cape Cod, MA shoreline on the Atlantic gitude * * * * * Ocean. (h) * * * Sc9 ...... 41°00′ (1) (2) Limited access scallop vessels (B) Sector Rolling Closure Area II. Sc10 ...... 41°00′ 71°40′ issued a limited access NE multispecies From April 1 through April 30, the Sc11 ...... (2) 71°40′ permit and fishing under a NE restrictions specified in this paragraph (f)(2)(vi) apply to Sector Rolling Closure 1 East facing shoreline of the south fork of multispecies DAS are subject to the gear Long Island, NY. restrictions specified in this section and Area II, which is the area bounded by 2 South facing shoreline of RI. may possess and land unlimited straight lines connecting the following points in the order stated: * * * * * amounts of regulated species or ocean (c) * * * pout, unless otherwise restricted by (2) * * * § 648.86. Such vessels may SECTOR ROLLING CLOSURE AREA II (i) Vessels using trawls. Except as simultaneously fish under a scallop [April 1–April 30] provided in paragraph (c)(2)(iii) of this DAS, but are prohibited from using section, and § 648.85(b)(6), the scallop dredge gear on such trips. W. Lon- Point N. Latitude gitude minimum mesh size for any trawl net * * * * * not stowed and not available for 10. In § 648.81, revise the GM1 ...... 42°00′ (1) immediate use in accordance with introductory text for paragraph (f)(2)(ii); GM2 ...... 42°00′ (2) § 648.23(b), on a vessel or used by a revise paragraphs (b)(2)(iii) and (j)(1); GM3 ...... 42°00′ (3) vessel fishing under the NE and add paragraphs (f)(2)(vi), (g)(2)(iv) SGM1 ...... 42°00′ 70°00′ multispecies DAS program or on a and (v), and (n) to read as follows: SGM2 ...... 43°00′ 70°00′ ° ′ 4 Sector trip in the MA Regulated Mesh § 648.81 NE multispecies closed areas SGM3 ...... 43 00 ( ) Area (§ 648.104(a)), applied throughout and measures to protect EFH. 1 MA shoreline. the body and extension of the net, or * * * * * 2 Cape Cod, MA shoreline on Cape Cod any combination thereof, and 6.5-inch Bay. (b) * * * 3 Cape Cod, MA shoreline on the Atlantic (16.5-cm) diamond or square mesh (2) * * * Ocean. applied to the codend of the net, as (iii) Fishing in the CA II Yellowtail 4 NH shoreline. defined in paragraph (a)(3)(i) of this Flounder/Haddock SAP or the Eastern (C) Sector Rolling Closure Area III. section. This restriction does not apply U.S./Canada Haddock SAP Program as From May 1 through May 31, the to nets or pieces of nets smaller than 3 specified in § 648.85(b)(3)(ii) or restrictions specified in this paragraph ft (0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 (b)(8)(ii), respectively; or (f)(2)(vi) apply to Sector Rolling Closure sq m)), or to vessels that have not been * * * * * Area III, which is the area bounded by issued a NE multispecies permit and (f) * * * straight lines connecting the following that are fishing exclusively in state (2) * * * points in the order stated: waters. (ii) That are fishing with or using * * * * * exempted gear as defined under this SECTOR ROLLING CLOSURE AREA III (v) Gillnet vessels. For Day and Trip part, or in the Midwater Trawl Gear [May 1–May 31] gillnet vessels, the minimum mesh size Exempted Fishery as specified under for any sink gillnet, not stowed and not 648.80(d), and excluding pelagic gillnet W. Lon- available for immediate use in gear capable of catching NE Point N. Latitude gitude accordance with § 648.23(b), when multispecies, except for vessels fishing fishing under a DAS in the NE with a single pelagic gillnet not longer SGM4 ...... 42°30′ (1)

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SECTOR ROLLING CLOSURE AREA III— approved Sector operations plan, as Point N. Latitude W. Lon- Continued specified in § 648.87(c). gitude * * * * * [May 1–May 31] 131 ...... 40°06.15′ 69°01.95′ (j) * * * 132 ...... 40°07.25′ 69°02.0′ (1) Restricted Gear Area I is defined Point N. Latitude W. Lon- 133 ...... 40°08.5′ 69°02.25′ gitude by straight lines connecting the 134 ...... 40°09.2′ 69°02.95′ following points in the order stated: ° ′ ° ′ ° ′ ° ′ 135 ...... 40 09.75 69 03.3 SGM5 ...... 42 30 70 00 136 ...... 40°09.55′ 69°03.85′ SGM6 ...... 43°00′ 70°00′ ° ′ ° ′ ° ′ ° ′ W. Lon- 137 ...... 40 08.4 69 03.4 SGM7 ...... 43 00 69 30 Point N. Latitude gitude ° ′ ° ′ ° ′ ° ′ 138 ...... 40 07.2 69 03.3 SGM8 ...... 43 30 69 30 139 ...... 40°06.0′ 69°03.1′ ° ′ 2 GM18 ...... 43 30 ( ) Inshore boundary 140 ...... 40°05.4′ 69°03.05′ ° ′ ° ′ 1 MA shoreline. 141 ...... 40 04.8 69 03.05 2 NH shoreline. to 120 142 ...... 40°03.55′ 69°03.55′ 69 ...... 40°07.9′ 68°36.0′ 143 ...... 40°01.9′ 69°03.95′ (D) Sector Rolling Closure Area IV. 70 ...... 40°07.2′ 68°38.4′ 144 ...... 40°01.0′ 69°04.4′ From June 1 through June 30, the 71 ...... 40°06.9′ 68°46.5′ 146 ...... 39°59.9′ 69°06.25′ 72 ...... 40°08.7′ 68°49.6′ 147 ...... 40°00.6′ 69°10.05′ restrictions specified in this paragraph ° ′ ° ′ (f)(2)(vi) apply to Sector Rolling Closure 73 ...... 40 08.1 68 51.0 148 ...... 39°59.25′ 69°11.15′ 74 ...... 40°05.7′ 68°52.4′ ° ′ ° ′ Area IV, which is the area bounded by 149 ...... 39 57.45 69 16.05 75 ...... 40°03.6′ 68°57.2′ 150 ...... 39°56.1′ 69°20.1′ straight lines connecting the following 76 ...... 40°03.65′ 69°00.0′ 151 ...... 39°54.6′ 69°25.65′ points in the order stated: 77 ...... 40°04.35′ 69°00.5′ 152 ...... 39°54.65′ 69°26.9′ 78 ...... 40°05.2′ 69°00.5′ 153 ...... 39°54.8′ 69°30.95′ SECTOR ROLLING CLOSURE AREA IV 79 ...... 40°05.3′ 69°01.1′ 154 ...... 39°54.35′ 69°33.4′ ° ′ ° ′ [June 1–June 30] 80 ...... 40 08.9 69 01.75 155 ...... 39°55.0′ 69°34.9′ 81 ...... 40°11.0′ 69°03.8′ 156 ...... 39°56.55′ 69°36.0′ 82 ...... 40°11.6′ 69°05.4′ 157 ...... 39°57.95′ 69°36.45′ W. Lon- ° ′ ° ′ ° ′ ° ′ Point N. Latitude gitude 83 ...... 40 10.25 69 04.4 158 ...... 39 58.75 69 36.3 84 ...... 40°09.75′ 69°04.15′ 159 ...... 39°58.8′ 69°36.95′ SGM9 ...... 43°00′ (1) 85 ...... 40°08.45′ 69°03.6′ 160 ...... 39°57.95′ 69°38.1′ SGM6 ...... 43°00′ 70°00′ 86 ...... 40°05.65′ 69°03.55′ 161 ...... 39°54.5′ 69°38.25′ SGM10 ...... 43°30′ 70°00′ 87 ...... 40°04.1′ 69°03.9′ 162 ...... 39°53.6′ 69°46.5′ SGM11 ...... 43°30′ 69°00′ 88 ...... 40°02.65′ 69°05.6′ 163 ...... 39°54.7′ 69°50.0′ ° ′ ° ′ GM22 ...... (2) 69°00′ 89 ...... 40°02.00′ 69°08.35′ 164 ...... 39 55.25 69 51.4 90 ...... 40°02.65′ 69°11.15′ 165 ...... 39°55.2′ 69°53.1′ 1 MA shoreline. 91 ...... 40°00.05′ 69°14.6′ 166 ...... 39°54.85′ 69°53.9′ 2 ME shoreline. 92 ...... 39°57.8′ 69°20.35′ 167 ...... 39°55.7′ 69°54.9′ ° ′ ° ′ 168 ...... 39°56.15′ 69°55.35′ (E) Sector Rolling Closure Area V. 93 ...... 39 56.65 69 24.4 94 ...... 39°56.1′ 69°26.35′ 169 ...... 39°56.05′ 69°56.25′ From October 1 through November 30, 95 ...... 39°56.55′ 69°34.1′ 170 ...... 39°55.3′ 69°57.1′ the restrictions specified in this 96 ...... 39°57.85′ 69°35.5′ 171 ...... 39°54.8′ 69°58.6′ paragraph (f)(2)(vi) apply to Sector 97 ...... 40°00.65′ 69°36.5′ 172 ...... 39°56.05′ 70°00.65′ Rolling Closure Area V, which is the 98 ...... 40°00.9′ 69°37.3′ 173 ...... 39°55.3′ 70°02.95′ area bounded by straight lines 99 ...... 39°59.15′ 69°37.3′ 174 ...... 39°56.9′ 70°11.3′ connecting the following points in the 100 ...... 39°58.8′ 69°38.45′ 175 ...... 39°58.9′ 70°11.5′ ° ′ ° ′ order stated: 102 ...... 39°56.2′ 69°40.2′ 176 ...... 39 59.6 70 11.1 103 ...... 39°55.75′ 69°41.4′ 177 ...... 40°01.35′ 70°11.2′ 104 ...... 39°56.7′ 69°53.6′ 178 ...... 40°02.6′ 70°12.0′ SECTOR ROLLING CLOSURE AREA V 105 ...... 39°57.55′ 69°54.05′ 179 ...... 40°00.4′ 70°12.3′ [October 1—November 30] 106 ...... 39°57.4′ 69°55.9′ 180 ...... 39°59.75′ 70°13.05′ 107 ...... 39°56.9′ 69°57.45′ 181 ...... 39°59.3′ 70°14.0′ ° ′ ° ′ to 119 Point N. Latitude W. Lon- 108 ...... 39 58.25 70 03.0 gitude 110 ...... 39°59.2′ 70°04.9′ 111 ...... 40°00.7′ 70°08.7′ * * * * * ° ′ 1 GM1 ...... 42 00 ( ) 112 ...... 40°03.75′ 70°10.15′ (n) NE Multispecies Restricted Gear ° ′ 2 GM2 ...... 42 00 ( ) 115 ...... 40°05.2′ 70°10.9′ ° ′ 3 Areas. With the exception of a vessel on GM3 ...... 42 00 ( ) 116 ...... 40°02.45′ 70°14.1′ ° ′ ° ′ a Sector trip, any vessel issued a limited GM4 ...... 42 00 70 00 119 ...... 40°02.75′ 70°16.1′ ° ′ ° ′ access NE multispecies permit that is GM8 ...... 42 30 70 00 to 181 GM9 ...... 42°30′ (1) fishing any part of a trip in one or both of the NE Multispecies Restricted Gear 1 Offshore boundary MA shoreline. Areas specified in paragraphs (n)(1) and 2 Cape Cod, MA shoreline on Cape Cod Bay. to 69 (2) of this section must comply with all 3 Cape Cod, MA shoreline on the Atlantic 120 ...... 40°06.4′ 68°35.8′ applicable restrictions specified in this Ocean. 121 ...... 40°05.25′ 68°39.3′ paragraph (n). If such a vessel fishes 122 ...... 40°05.4′ 68°44.5′ (g) * * * ° ′ ° ′ inside/outside of these areas on the 123 ...... 40 06.0 68 46.5 same trip, the most restrictive measures (2) * * * 124 ...... 40°07.4′ 68°49.6′ 125 ...... 40°05.55′ 68°49.8′ for the areas fished apply, including, but (iv) That are fishing in the CA I Hook ° ′ ° ′ not limited to, gear restrictions and trip Gear Haddock Access Area pursuant to 126 ...... 40 03.9 68 51.7 127 ...... 40°02.25′ 68°55.4′ limits. § 648.85(b)(7). 128 ...... 40°02.6′ 69°00.0′ (1) Western GB Multispecies (v) That are fishing under the 129 ...... 40°02.75′ 69°00.75′ Restricted Gear Area. The Western GB restrictions and conditions of an 130 ...... 40°04.2′ 69°01.75′ Multispecies Restricted Gear Area is

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defined as the area bounded by straight bottom trawl net (i.e., a net with a top bottom belly of the net behind the lines connecting the following points in and bottom panel and two side panels) sweep and terminate under the the order stated: modified to include both a horizontal separator panel, as described in separator panel and an escape opening paragraph (n)(3)(i)(A)(2) of this section. WESTERN GB MULTISPECIES in the bottom belly of the net below the Longitudinal lines may be used to RESTRICTED GEAR AREA separator panel, as further specified in maintain the shape of the escape paragraphs (n)(3)(i)(A)(1) through (3) of opening, as necessary. The escape Point N. Latitude W. Lon- this section. opening shall be at least 18 meshes in gitude (1) Mesh size. Unless otherwise both length and width. specified in this paragraph (B) [Reserved] G8 ...... 42°00′ 69°30′ ° ′ ° ′ (n)(3)(i)(A)(1), the minimum mesh size (ii) Gillnet gear. A limited access NE GM5 ...... 42 00 68 30 multispecies vessel subject to the MRGA1 ...... 41°00′ 68°30′ applied throughout the body and YTA5 ...... 41°00′ 69°30′ extension of a rope separator trawl must restrictions of paragraph (n) of this G8 ...... 42°00′ 69°30′ be 6-inch (15.2–cm) diamond mesh or section using gillnet gear may only use 6.5-inch (16.5–cm) square mesh, or any roundfish gillnets or flatfish gillnets (2) SNE Multispecies Restricted Gear combination thereof. Mesh in the consistent with the gear requirements in Area. The SNE Multispecies Restricted bottom belly of the net must be 13-inch § 648.80, provided the mesh size of the Gear Area is defined as the area (33–cm) diamond mesh. Unless flatfish gillnet gear is greater than or bounded by straight lines connecting otherwise specified in this part, the equal to 10 inches (25.4 cm) throughout the following points in the order stated: codend mesh size must be consistent the entire net. with mesh size requirements specified (iii) Hook gear. A limited access NE SNE MULTISPECIES RESTRICTED GEAR in § 648.80. The mesh size of a multispecies vessel subject to the AREA particular section of the rope separator restrictions of paragraph (n) of this trawl is measured in accordance with section using hook gear may only use § 648.80(f)(2), unless insufficient longline gear, tub trawls, or handgear. Point N. Latitude W. Lon- gitude numbers of mesh exist, in which case (iv) Approval of additional gear. The the maximum total number of meshes in Regional Administrator may authorize ° ′ 1 MRAG1 ...... 41 30 ( ) the section will be measured (between additional gear for use in the NE MRGA2 ...... 41°30′ 70°30′ Multispecies Restricted Gear Areas in 2 ° ′ 2 and 20 meshes). MRGA3 ...... ( ) 70 30 accordance with the standards and MRGA4 ...... (3) 70°30′ (2) Separator panel. The separator MRGA5 ...... 40°00′ 70°30′ panel must consist of parallel lines requirements specified in MRGA6 ...... 40°00′ 71°30′ made of fiber rope, the ends of which § 648.85(b)(6)(iv)(J)(2). MRGA7 ...... 40°30′ 71°30′ are attached to each side of the net (4) VMS declaration. In addition to SNEMA3 ...... 40°30′ 72°00′ starting at the forward edge of the any other declaration requirements MRGA8 ...... (4) 72°00′ square of the net and running aft toward specified in this part, the operator of a MRGA9 ...... (5) 72°00′ the extension of the net. The leading limited access NE multispecies vessel 6 ° ′ MRGA10 ...... ( ) 72 00 rope must be attached to the side panel intending to fish, or fishing, in one or MRAG1 ...... (1) 70°30′ at a point at least 1⁄3 of the number of both of the NE Multispecies Restricted 1 East-facing shoreline of RI. meshes of the side panel above the Gear Areas, as specified in paragraphs 2 North-facing shoreline of Martha’s Vine- lower gore, and the panel of ropes shall (n)(1) and (2) of this section must yard, MA. declare into one or both of these areas 3 South-facing shoreline of Martha’s Vine- slope downward toward the extension yard, MA. of the net. For example, if the side panel via VMS, as instructed by the Regional 4 South-facing shoreline of Long Island, NY. of the net is 42 meshes tall, the leading Administrator, prior to departure from 5 North-facing shoreline of Long Island, NY. rope must be attached at least 14 meshes port. In lieu of a VMS declaration, the 6 South-facing shoreline of CT. above the lower gore. The forward 2⁄3 of Regional Administrator may authorize (3) Gear restrictions. Unless otherwise the separator ropes that comprise the such vessels to obtain a letter of authorized pursuant to paragraph separator panel must be no farther than authorization. If a letter of authorization (n)(3)(iv) of this section, a limited access 26 inches (66 cm) apart, with the after is required, such vessel may not fish NE multispecies vessel subject to the 1⁄3 of the separator ropes that comprise outside of the NE Multispecies restrictions of paragraph (n) of this the separator panel being no farther than Restricted Gear Areas for a minimum of section may only use one or more of the 13 inches (33 cm) apart. The ends of the 7 consecutive days (when fishing under gear types listed in paragraphs (n)(3)(i) aftermost rope shall be attached to the the multispecies DAS program), and through (iii) of this section. No other bottom belly at a point 1⁄6 of the number must carry the authorization letter on type of fishing gear may be on board the of meshes of the after end of the bottom board. vessel when fishing in the NE belly below the lower gore. The (5) Trip limits. A limited access NE Multispecies Restricted Gear Areas separator ropes should be of sufficient multispecies vessel subject to the specified in paragraphs (n)(1) and (2) of length not to impinge upon the overall restrictions of paragraph (n) of this this section. shape of the net without being too long section must comply with the trip limits (i) Trawl gear. A limited access NE to compromise the selectivity of the net. specified in § 648.86, unless further multispecies vessel subject to the The separator ropes may not be restricted by the following trip limits: restrictions of paragraph (n) of this manipulated in any way that would (i) If fishing exclusively under a NE section using trawl gear may only use a inhibit the selectivity of the net by multispecies DAS or under both a NE haddock separator trawl, as specified in causing the separator ropes to dip multispecies DAS and a monkfish DAS § 648.85(a)(3)(iii)(A); a Ruhle trawl, as toward the bottom belly of the net and with gear other than gillnet gear, 500 lb specified in § 648.85(b)(6)(iv)(J)(3); or a obscure the escape opening, as defined (227 kg) of all flatfish species (American rope separator trawl, as specified in in paragraph (n)(3)(i)(A)(3) of this plaice, witch flounder, winter flounder, paragraph (n)(3)(i)(A) of this section. section. windowpane flounder, yellowtail (A) Rope separator trawl. A rope (3) Escape opening. The escape flounder, and Atlantic halibut), separator trawl is defined as a four-seam opening must be positioned in the combined; 500 lb (227 kg) of monkfish

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(whole weight), unless also subject to (1) Category A DAS. Calculation of (3) For fishing year 2009 (May 1, the monkfish possession restrictions in Category A DAS for each fishing year is 2009, through April 30, 2010), Reserve § 648.94(b)(3); 500 lb (227 kg) of skates specified in paragraphs (d)(1)(i) through B DAS are defined as 27.5 percent of the (whole weight); and zero possession of (iv) of this section. An additional 36 vessel’s used DAS baseline specified in lobsters. percent of Category A DAS will be paragraph (c)(1) of this section. (ii) If fishing under both a NE added and available for use for (4) Starting in fishing year 2010 multispecies DAS and a monkfish DAS participants in the Large Mesh (beginning May 1, 2010), Reserve B DAS with gillnet gear, 500 lb (227 kg) of all Individual DAS permit category, as are defined as follows: flatfish species (American plaice, witch described in paragraph (b)(4) of this (i) For a common pool vessel, Reserve flounder, winter flounder, windowpane section, provided the participants B DAS are defined as 36.25 percent of flounder, yellowtail flounder, and comply with the applicable gear the vessel’s used DAS baseline specified Atlantic halibut), combined; the restrictions. Category A DAS may be in paragraph (c)(1) of this section, applicable monkfish possession limits used in the NE multispecies fishery to unless otherwise revised pursuant to specified in § 648.94(b); 500 lb (227 kg) harvest and land stocks of regulated paragraph (n)(1) of this section. of skates (whole weight); and zero species or ocean pout, in accordance (ii) For a Sector vessel, Reserve B DAS possession of lobsters. with all of the conditions and are defined as 27.5 percent of the (6) Transiting. A limited access NE restrictions of this part. vessel’s used DAS baseline specified in multispecies vessel that is not subject to * * * * * paragraph (c)(1) of this section. the restrictions of this paragraph (n) (iii) For fishing year 2009 (May 1, * * * * * may transit the NE Multispecies 2009, through April 30, 2010), Category (e) * * * Restricted Gear Areas specified in A DAS are defined as 45 percent of the (1) When a vessel is participating in paragraphs (n)(1) and (2) of this section, vessel’s used DAS baseline specified in the NE multispecies DAS program, as provided any gear that is not authorized paragraph (c)(1) of this section. required by the regulations in this part, under paragraph (n)(3) of this section is (iv) Starting in fishing year 2010 NE multispecies DAS shall accrue as stowed and not available for immediate (beginning May 1, 2010), Category A specified in paragraphs (e)(1)(i) and (ii) use in accordance with § 648.23(b). DAS are defined as follows: of this section and shall be based upon 11. In § 648.82: (A) For a vessel fishing under the the time called, or logged into the DAS (a) Revise the introductory text to provisions of the common pool, as program, consistent with the DAS paragraphs (b)(6), (d)(1), (d)(2)(i)(B), defined in this part, Category A DAS are notification requirements specified in (d)(2)(ii)(B), (j), (j)(1), and (k)(4)(xi); defined as 27.5 percent of the vessel’s § 648.10. For the purpose of calculating (b) Revise paragraphs (d)(1)(iii), used DAS baseline specified in trip limits specified in this part, the (d)(2)(i)(B)(3), (d)(2)(ii)(B)(3), (e)(1), paragraph (c)(1) of this section, unless amount of DAS deducted from a vessel’s (e)(3), (g), (h), (j)(1)(ii) and (iii), (j)(2), otherwise revised pursuant to paragraph DAS allocation shall determine the (k)(2)(ii), (k)(4)(i), (k)(4)(v), (k)(4)(x), (n)(1) of this section, or reduced amount of fish the vessel can land (k)(4)(xi)(B), (l)(1)(ii), (l)(1)(iv), (l)(1)(vi) pursuant to § 648.87(b)(1)(iii). legally. (B) For a Sector vessel, Category A through (viii), and (l)(2)(i); (i) Common pool vessels. For a DAS allocated for use when fishing in (c) Remove and reserve paragraphs common pool vessels, Category A shall other fisheries that require the (c)(2), (e)(2), and (k)(4)(iv); accrue in 24-hr increments, unless (d) Remove paragraphs (d)(4) and concurrent use of a NE multispecies otherwise required under paragraph (n) (l)(1)(ix); and DAS are defined as 45 percent of the of this section. For example, a vessel (e) Add paragraphs (d)(1)(iv), vessel’s used DAS baseline specified in that fished from 6 a.m. to 10 p.m. would (d)(2)(i)(B)(4), (d)(2)(ii)(B)(4), paragraph (c)(1) of this section. (k)(4)(xi)(C), and (n) to read as follows: (2) * * * be charged 24 hr of Category A DAS, not (i) * * * 16 hr; a vessel that fished for 25 hr § 648.82 Effort-control program for NE (B) Calculation. Regular B DAS are would be charged 48 hr of Category A multispecies limited access vessels. calculated as follows: DAS instead of 25 hr. (ii) Sector vessels. For the purposes of * * * * * * * * * * (b) * * * (3) For fishing year 2009 (May 1, complying with the restrictions of other (6) Handgear A category. A vessel 2009, through April 30, 2010), Regular fisheries that require the use of a NE qualified and electing to fish under the B DAS are defined as 27.5 percent of the multispecies DAS, a vessel on a Sector Handgear A category, as described in vessel’s used DAS baseline specified in trip shall accrue DAS to the nearest § 648.4(a)(1)(i)(A), may retain, per trip, paragraph (c)(1) of this section. minute and shall be counted as actual up to 750 lb (340.2 kg) of cod, one (4) Starting in fishing year 2010 time called, or logged into the DAS Atlantic halibut, and the daily (beginning May 1, 2010), Regular B DAS program, consistent with the DAS possession limit for other regulated are defined as follows: notification requirements specified in species and ocean pout as specified in (i) For a common pool vessel, Regular § 648.10. § 648.86. The cod trip limit will be B DAS are defined as 36.25 percent of * * * * * adjusted proportionally to the trip limit the vessel’s used DAS baseline specified (3) Regular B DAS Program 24-hr for GOM cod (rounded up to the nearest in paragraph (c)(1) of this section, clock. For a vessel electing to fish in the 50 lb (22.7 kg)), as specified in unless otherwise revised pursuant to Regular B DAS Program, as specified at § 648.86(b)). For example, if the GOM paragraph (n)(1) of this section. § 648.85(b)(6), that remains fishing cod trip limit specified in § 648.86(b) (ii) For a Sector vessel, Regular B DAS under a Regular B DAS for the entire doubled, then the cod trip limit for the are defined as 27.5 percent of the fishing trip (without a DAS flip), DAS Handgear A category would double. vessel’s used DAS baseline specified in shall accrue at the rate of 1 full DAS for Qualified vessels electing to fish under paragraph (c)(1) of this section. each calendar day, or part of a calendar the Handgear A category are subject to (ii) * * * day fished. For example, a vessel that the following restrictions: (B) Calculation. Reserve B DAS are fished on 1 calendar day from 6 a.m. to * * * * * calculated as follows: 10 p.m. would be charged 24 hr of (d) * * * * * * * * Regular B DAS, not 16 hr; a vessel that

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left on a trip at 11 p.m. on the first (h) Declaring DAS and blocks of time fishing under a NE multispecies DAS, calendar day and returned at 10 p.m. on out. A vessel’s owner or authorized the provisions of the small vessel the second calendar day would be representative shall notify the Regional category permit, or on a Sector trip from charged 48 hr of Regular B DAS instead Administrator of a vessel’s participation that date through the end of the period of 23 hr, because the fishing trip would in the DAS program; declaration of its between June 1 and September 30, or have spanned 2 calendar days. For the 120 days out of the non-exempt gillnet through the end of the fishing year, as purpose of calculating trip limits fishery, if designated as a Day gillnet applicable, unless otherwise exempt specified under § 648.86, the amount of category vessel, as specified in pursuant to § 648.87. DAS deducted from a vessel’s DAS paragraph (j) of this section; and (B) Any such vessel shall declare its allocation shall determine the amount of declaration of its 20-day period out of required time periods through the fish the vessel can land legally. For a the NE multispecies DAS program, or, notification procedures specified in vessel electing to fish in the Regular B for a Sector vessel that the vessel will § 648.10(j)(2). DAS Program, as specified at not fish with gear capable of catching (C) During each period of time § 648.85(b)(6), while also fishing in an NE multispecies, using the notification declared out, any such vessel is area subject to differential DAS counting requirements specified in § 648.10. prohibited from fishing with non- pursuant to paragraph (n)(1)(i) of this (j) Gillnet restrictions. A vessel issued exempted gillnet gear and must remove section, Category B DAS shall accrue at a limited access NE multispecies permit such gear from the water. However, the the rate described in this paragraph may fish under a NE multispecies DAS, vessel may fish in an exempted fishery, (e)(3), unless the vessel flips to a under the provisions of the small vessel as described in § 648.80, or it may fish permit category, or on a Sector trip with under a NE multispecies DAS, under the Category A DAS, in which case the gillnet gear, provided the owner of the provisions of the small vessel category vessel is subject to the pertinent DAS vessel obtains an annual designation as permit, or on a Sector trip, provided it accrual restrictions of paragraph (n)(1) either a Day or Trip gillnet vessel, as fishes with gear other than non- of this section for the entire trip. For described in § 648.4(c)(2)(iii), and exempted gillnet gear. vessels electing to fish in both the provided the vessel complies with the (iii) Method of counting DAS. A Day Regular B DAS Program, as specified in gillnet vessel gear requirements and gillnet vessel fishing with gillnet gear § 648.85(b)(8), and in the Eastern U.S./ restrictions specified in § 648.80. under a NE multispecies DAS shall Canada Area, as specified in § 648.85(a), (1) Day gillnet vessels. Unless accrue DAS as follows: DAS counting will begin and end otherwise exempted in this part, a Day (A) A Day gillnet vessel fishing with according to the DAS rules specified in gillnet vessel fishing with gillnet gear gillnet gear that has elected to fish in the § 648.10(e)(5)(iv). under a NE multispecies DAS, the Regular B DAS Program, as specified in * * * * * provisions of a small vessel permit § 648.85(b)(6), under a Category B DAS, (g) Spawning season restrictions. A category, or on a Sector trip is not is subject to the DAS accrual provisions vessel issued a valid Small Vessel or required to remove gear from the water of paragraph (e)(1)(i) of this section. Handgear A category permit specified in upon returning to the dock and calling (B) A Day gillnet vessel fishing with paragraphs (b)(5) or (b)(6) of this out of the DAS program, as appropriate, gillnet gear under a NE multispecies section, respectively, or a vessel issued provided the vessel complies with the Category A DAS shall accrue DAS as restrictions specified in paragraphs an open access Handgear B permit, as follows: (j)(1)(i) through (iii) of this section. (1) A Day gillnet vessel on a common specified in § 648.88(a), may not fish Vessels electing to fish under the Day pool trip is subject to the DAS accrual for, possess, or land regulated species or gillnet designation must have on board provisions of paragraph (e)(1)(i) of this ocean pout from March 1 through March written confirmation, issued by the section. 20 of each year. A common pool vessel Regional Administrator, that the vessel (2) A Day gillnet vessel on a Sector must declare out and be out of the NE is a Day gillnet vessel. trip is subject to the DAS accrual multispecies DAS program, and a Sector (ii) Declaration of time out of the provisions of paragraph (e)(1)(ii) of this must declare that the vessel will not fish gillnet fishery. (A) During each fishing section. with gear capable of catching NE year, a Day gillnet vessel must declare, * * * * * multispecies (i.e., gear that is not and take, a total of 120 days out of the (2) Trip gillnet vessels. When fishing defined as exempted gear under this non-exempt gillnet fishery. Each period under a NE multispecies DAS, under the part), for a 20-day period between of time declared and taken must be a provisions of the small vessel category March 1 and May 31 of each calendar minimum of 7 consecutive days. At permit, or on a Sector trip, a Trip gillnet year, using the notification requirements least 21 days of this time must be taken vessel is required to remove all gillnet specified in § 648.10. A vessel fishing between June 1 and September 30 of gear from the water before returning to under a Day gillnet category designation each fishing year. The spawning season port upon the completion of a fishing is prohibited from fishing with gillnet time out period required by paragraph trip and calling out of a NE multispecies gear capable of catching NE (g) of this section shall be credited DAS, as applicable, under § 648.10(e)(5) multispecies during its declared 20-day toward the 120 days time out of the non- or (h)(5), respectively. When not fishing spawning block, unless the vessel is exempt gillnet fishery. If a vessel owner under a NE multispecies DAS, Trip fishing in an exempted fishery, as has not declared and taken any or all of gillnet vessels may fish in an exempted described in § 648.80. If a vessel owner the remaining periods of time required fishery with gillnet gear, as authorized has not declared and been out of the to be out of the fishery by the last by § 648.80. Vessels electing to fish fishery for a 20-day period between possible date to meet these under the Trip gillnet designation must March 1 and May 31 of each calendar requirements, the vessel is prohibited have on board written confirmation year on or before May 12 of each year, from fishing for, possessing, or landing issued by the Regional Administrator the vessel is prohibited from fishing for, regulated multispecies, ocean pout, or that the vessel is a Trip gillnet vessel. possessing or landing any regulated non-exempt species harvested with (k) * * * species, ocean pout, or non-exempt gillnet gear and from having gillnet gear (2) * * * species during the period May 12 on board the vessel that is not stowed (ii) Subject to the conditions and through May 31, inclusive. in accordance with § 648.23(b) while requirements of this part, DAS

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associated with a confirmation of permit With the exception of vessels combining upgrade to another specification history may be leased to another vessel DAS Leasing Program baselines from through a subsequent action (either a without placing the permit on an active two different vessels through the DAS vessel replacement or DAS transfer) is vessel. Transfer Program as outlined in not permissible. A vessel that has * * * * * paragraph (k)(4)(xi)(C)(2) of this section, executed a one-time downgrade of a (4) * * * once the DAS Leasing Program baseline DAS Leasing Program baseline in (i) Confirmation of permit history. is downgraded for a particular permit, accordance with paragraph (k)(4)(xi) is Pursuant to paragraph (k)(2)(ii) of this no further downgrades may be subject to the restrictions of paragraph section, DAS associated with a authorized for that permit. (k)(4)(xi)(C) of this section. confirmation of permit history may be (1) Vessel replacement. If the permit * * * * * leased. is transferred to another vessel via a (iv) DAS conservation tax. Starting in * * * * * vessel replacement, the DAS Leasing fishing year 2010, any NE multispecies (v) History of leased DAS use. The Program baseline reverts to the baseline DAS transferred to another vessel under history of leased DAS use shall be horsepower and length overall the DAS Transfer Program pursuant to presumed to remain with the Lessor specifications associated with the paragraph (l) of this section are not vessel. In the case of multiple leases to permit prior to the one-time downgrade. subject to a DAS conservation tax one vessel, the history of leased DAS (2) DAS Transfer Program. For vessels specified in this paragraph (l)(1)(iv). involved in a DAS Transfer Program use shall be presumed to remain with Any DAS transferred under the DAS transaction as described in paragraph (l) the Lessor in the order in which such Transfer Program prior to fishing year of this section, if the transferee vessel leases were approved by NMFS. For the 2010 that were reduced due to the DAS baseline is adopted, consistent with the purpose of accounting for leased DAS conservation tax specified in this regulations under paragraph (l)(1)(ii) of use, leased DAS will be accounted for paragraph (l)(1)(iv) may not be this section, and the DAS Leasing (subtracted from available DAS) prior to reinstated to the permit associated with Program baseline of the transferee vessel allocated DAS. the transferor vessel. was previously downgraded, consistent * * * * * with the regulations under this * * * * * (x) Leasing by vessels fishing under a paragraph (k)(4)(xi), the downgraded (vi) Confirmation of permit history. Sector allocation. A Sector vessel may DAS Leasing Program baseline NE multispecies DAS associated with a not lease DAS to or from common pool specifications remain valid. For vessels Confirmation of Permit History may be vessels, but may lease DAS to or from involved in a DAS Transfer Program transferred. another Sector vessel during the fishing transaction where a combination of the (vii) Transfer by Sector vessels. A year in which the vessel is a member of transferor and transferee vessel Sector vessel may not transfer DAS to or a Sector. baselines is adopted resulting in a new from vessels that are fishing under the (xi) One-time downgrade of DAS vessel baseline, any previous DAS provisions of the common pool or Leasing Program baseline. Unless Leasing Program baseline downgrade for another Sector, but may transfer DAS to otherwise specified in paragraph either the transferor or transferee vessel or from another vessel participating in (k)(4)(xi)(B) and (C) of this section, for will be voided and the transferee vessel that vessel’s Sector during the fishing the purposes of determining eligibility would have an additional opportunity year in which the vessel is a member of for leasing DAS only, a vessel owner to downgrade its combined DAS Leasing a particular Sector. may elect to make a one-time Program baseline. (viii) Unless otherwise restricted by downgrade to the vessel’s DAS Leasing (l) * * * this part, a vessel with a NE Program baseline length and (1) * * * multispecies limited access Category D horsepower as specified in paragraph (ii) NE multispecies DAS may be permit may transfer DAS only to a (k)(4)(ix) of this section to match the transferred only to a vessel with a vessel with a NE multispecies limited length overall and horsepower baseline main engine horsepower rating access Category D permit, but may specifications of the vessel that is that is no more than 20 percent greater receive transferred DAS from any currently issued the permit. than the baseline engine horsepower of eligible NE multispecies vessel. * * * * * the transferor vessel. NE multispecies * * * * * (B) Applicability of the one-time DAS DAS may be transferred only to a vessel (2) * * * Leasing Program baseline downgrade. with a baseline length overall that is no (i) Application information The downgraded DAS Leasing Program more than 10 percent greater than the requirements. An application to transfer baseline may only be used to determine baseline length overall of the transferor NE multispecies DAS must contain the eligibility for the DAS Leasing Program vessel. For the purposes of this program, following information: Seller’s/ and does not affect or change the the baseline horsepower and length transferor’s name, vessel name, permit baseline associated with the DAS overall are those associated with the number and official number or state Transfer Program specified in paragraph permit as of January 29, 2004. Upon registration number; buyer’s/transferee’s (l)(1)(ii) of this section, or the vessel approval of the transfer, the baseline of name, vessel name, permit number and replacement or upgrade restrictions the transferee vessel would be the official number or state registration specified at § 648.4(a)(1)(i)(E) and (F), or smaller baseline of the two vessels or, if number; total price paid for purchased any other provision. the transferee vessel had not previously DAS; signatures of seller and buyer; and (C) Duration of the one-time DAS upgraded either its size (including LOA, date the form was completed. Leasing Program baseline downgrade. GRT, and NT) or HP under the vessel Information obtained from the transfer Unless otherwise specified in this replacement rules, the vessel owner application will be held confidential, paragraph (k)(4)(xi)(C) of this section, could choose to adopt the larger and will be used only in summarized the downgraded DAS Leasing Program baseline of the two vessels, which form for management of the fishery. baseline remains in effect until the DAS would constitute the vessel’s one-time (n) NE multispecies common pool Leasing Program expires or the permit is upgrade, provided such an upgrade is accountability measure (AM). Common transferred to another vessel via a vessel consistent with provisions of this pool vessels are subject to the following replacement, or through a DAS transfer. paragraph (l)(1)(ii). A subsequent AMs, in addition to the DAS accrual

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provisions specified in paragraph (e) of counting). If it is projected that catch in applied to the DAS accrual rate applied this section and other measures a particular fishing year will exceed or during fishing year 2012 (i.e., the DAS specified in this part. underharvest the sub-ACLs for several accrual rate in the Inshore GOM (1) Differential DAS counting AM for regulated species stocks within a Differential DAS Counting Area during fishing years 2010 and 2011. Unless particular stock area, including both fishing year 2012 would be 43.2 hr otherwise specified pursuant to exceeding and underharvesting several charged for every 24-hr fished¥1.2 × 1.5 § 648.90(a)(5), based upon catch and sub-ACLs within a particular stock area, × 24-hr DAS charge). If the Regional other information available to NMFS by the Regional Administrator shall Administrator determines that similar February of each year, the Regional implement the most restrictive DAS adjustments are necessary in all Administrator shall project the catch of differential DAS counting factor derived stock areas, the Regional Administrator regulated species or ocean pout by from paragraph (n)(1)(ii) of this section will adjust the ratio of Category common pool vessels for the fishing for the sub-ACLs exceeded or A:Category B DAS specified in year ending on April 30 and shall underharvested to any Category A DAS paragraph (d)(1) of this section to reduce determine whether such catch will used by common pool vessels within the number of available Category A DAS exceed any of the sub-ACLs specified that particular stock area. For example, available based upon the amount of the for common pool vessels pursuant to if it is projected that common pool overage, rather than apply a differential vessels will be responsible for 1.2 times § 648.90(a)(4). This projection shall be DAS counting factor to all Category A updated once available information the GOM cod sub-ACL and 1.1 times the DAS used in all stock areas. regarding the catch of regulated species CC/GOM yellowtail flounder sub-ACL, and ocean pout by vessels fishing for the Regional Administrator shall (i) Differential DAS counting areas. groundfish in state waters outside of the implement a differential DAS counting The following differential DAS counting FMP, vessels fishing in exempted factor of 1.2 to any Category A DAS areas shall be used for the purposes of fisheries, and vessels fishing in the fished by common pool vessels only implementing the differential DAS Atlantic sea scallop fishery to determine within the Inshore GOM Stock Area counting AM specified in paragraph if excessive catch by such vessels during the following fishing year. For (n)(1) of this section: resulted in the overall ACL for a any differential DAS counting factor (A) Inshore GOM Differential DAS particular stock to be exceeded. If such implemented in fishing year 2011, the Area. The Inshore GOM Differential catch resulted in the overall ACL for a differential DAS counting factor shall be DAS Area applies to the following particular stock being exceeded, the applied against the DAS accrual stocks of regulated species: White hake, common pool’s share of the overage of provisions specified in paragraph pollock, GOM cod, GOM haddock, CC/ the overall ACL for that stock shall be (e)(1)(i) of this section for the time spent GOM yellowtail flounder, GOM winter added to the catch of each stock of fishing in the applicable differential regulated species or ocean pout by DAS counting area based upon the first flounder, and Atlantic wolffish. The common pool vessels pursuant to VMS position into the applicable Inshore GOM Differential DAS Area is § 648.90(a)(5). If the Regional differential DAS counting area and the defined as the area bounded on the west Administrator projects that any of the first VMS position outside of the by the shoreline of the United States sub-ACLs specified for common pool applicable differential DAS counting and bounded on the east by straight vessels will be exceeded or area pursuant to § 648.10. For example, lines connecting the following points in underharvested, the Regional if a vessel fished 12 hr inside a the order stated: Administrator shall implement a differential DAS counting area where a differential DAS counting factor to all differential DAS counting factor of 1.2 INSHORE GOM DIFFERENTIAL DAS Category A DAS used within the stock would be applied, and 12 hr outside of AREA area in which the sub-ACL was the differential DAS counting area, the exceeded or underharvested, as vessel would be charged 48 hr of DAS Point N. Latitude W. Lon- specified in paragraph (n)(1)(i) of this use because DAS would be charged in gitude section, during the following fishing 24-hr increments ((12 hr inside the area INGOM1 ...... (1) 69°30′ year, in a manner consistent with the × 1.2 = 14.4 hr) + 12 hr outside the area, INGOM2 ...... 43°00′ 69°30′ Administrative Procedure Act. The rounded to the next 24-hr increment to INGOM3 ...... 43°00′ 70°00′ differential DAS counting factor shall be determine DAS charged). For any INGOM4 ...... (2) 70°00′ based upon the projected proportion of differential DAS counting factor the sub-ACL of each NE multispecies implemented in fishing year 2012, the 1 Intersection with ME shoreline. stock caught by common pool vessels, differential DAS counting factor shall be 2 North-facing shoreline of Cape Cod, MA. rounded to the nearest even tenth, as applied against the DAS accrual specified in paragraph (n)(1)(ii) of this provisions specified in paragraph (B) Offshore GOM Differential DAS section, unless otherwise specified (e)(1)(i) of this section, or if a Area. The Offshore GOM Differential pursuant to § 648.90(a)(5). For example, differential DAS counting factor was DAS Area applies to the following if the Regional Administrator projects implemented for that stock area during stocks of regulated species: GOM that common pool vessels will catch fishing year 2011, against the DAS haddock, white hake, pollock, redfish, 1.18 times the sub-ACL for GOM cod accrual rate applied in fishing year witch flounder, American plaice, and during fishing year 2010, the Regional 2011. For example, if a differential DAS Atlantic halibut. The Offshore GOM Administrator shall implement a counting factor of 1.2 was applied to the Differential DAS Area is defined as the differential DAS counting factor of 1.2 Inshore GOM Differential DAS Area area bounded on the north by the to all Category A DAS used by common during fishing year 2011 due to a 20- shoreline of Maine, bounded on the east pool vessels only within the Inshore percent overage of the GOM cod sub- by the U.S./Canadian maritime GOM Differential DAS Area during ACL, yet the GOM cod sub-ACL was boundary, and bounded on the south fishing year 2011 (i.e., Category A DAS exceeded again, but by 50 percent and west by straight lines connecting will be charged at a rate of 28.8 hr for during fishing year 2011, an additional the following points in the order stated: every 24-hr fished¥1.2 × 24-hr DAS differential DAS factor of 1.5 would be

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OFFSHORE GOM DIFFERENTIAL DAS OFFSHORE GB DIFFERENTIAL DAS Proportion of ACL caught Differential AREA AREA DAS factor 0.5 ...... 0.5 W. Lon- W. Lon- Point N. Latitude gitude Point N. Latitude gitude 0.6 ...... 0.6 0.7 ...... 0.7 CII3 ...... 42°22′ 67°20′ IGB1 ...... 42° 20′ 68°50′ 0.8 ...... 0.8 0.9 ...... No change. OFFGOM1 ...... 42°20′ 67°20′ OGB1 ...... 42°20′ 67°20′ ° ′ ° ′ ° ′ ° ′ 1.0 ...... No change. OFFGOM2 ...... 42 20 70 00 CII3 ...... 42 22 67 20 1.1 ...... 1.1 ° ′ ° ′ ° ′ ° ′ OFFGOM5 ...... 43 00 70 00 SNE1 ...... 40 27 65 43 1.2 ...... 1.2 ° ′ 1 INGOM2 ...... 43°00′ 69°30′ OGB2 ...... 40 10 ( ) 1.3 ...... 1.3 INGOM1 ...... (1) 69°30′ OGB3 ...... 40°10′ 68°50′ 1.4 ...... 1.4 IGB1 ...... 42°20′ 68°50′ 1.5 ...... 1.5 1 Intersection with ME shoreline. 1 1.6 ...... 1.6 The U.S./Canada maritime boundary as it 1.7 ...... 1.7 intersects with the EEZ. (C) Inshore GB Differential DAS Area. 1.8 ...... 1.8 The Inshore GB Differential DAS Area (E) SNE/MA Differential DAS Area. 1.9 ...... 1.9 applies to the following stocks of 2.0 ...... 2.0 regulated species: Witch flounder, The SNE/MA Differential DAS Area applies to the following stocks of American plaice, white hake, Atlantic (iii) Mixed-stock exception. When regulated species or ocean pout: SNE/ halibut, redfish, pollock, CC/GOM determining the differential DAS MA winter flounder, SNE/MA yellowtail flounder, GB cod, GB counting AM specified in this paragraph yellowtail flounder, southern (n)(1), the Regional Administrator shall haddock, SNE/MA winter flounder, and windowpane flounder, and ocean pout. conduct an analysis to determine Atlantic wolffish. The Inshore GB The SNE/MA Differential DAS Area is whether the mixed-stock exception, as Differential DAS Area is defined as the defined as the area bounded on the specified in § 600.310(m), may be area bounded by straight lines north and west by the coastline of the applicable. If the analysis concludes connecting the following points in the United States, bounded on the east and that the mixed-stock exception is order stated: south by straight lines connecting the applicable, the Regional Administrator following points in the order stated: INSHORE GB DIFFERENTIAL DAS AREA shall modify or not apply a differential DAS counting AM on specific stocks, as SNE/MA DIFFERENTIAL DAS AREA W. Lon- appropriate, in accordance with the Point N. Latitude gitude mixed-stock exception. W. Lon- Point N. Latitude gitude (iv) Fishing year 2012. Any G9 ...... 42°00′ (1) adjustments to DAS counting necessary ° ′ ° ′ G10 ...... 42 20 70 00 G12 ...... (1) 70°00′ as a result of either underharvesting or ° ′ ° ′ IGB1 ...... 42 20 68 50 IGB7 ...... 41°20′ 70°00′ overharvesting any of the sub-ACLs ° ′ ° ′ IGB2 ...... 41 00 68 50 IGB6 ...... 41°20′ 69°50′ specified for common pool vessels ° ′ ° ′ IGB3 ...... 41 00 69 30 IGB5 ...... 41°10′ 69°50′ during the 2011 fishing year pursuant to ° ′ ° ′ IGB4 ...... 41 10 69 30 IGB4 ...... 41°10′ 69°30′ § 648.90(a)(4) shall become effective and ° ′ ° ′ IGB5 ...... 41 10 69 50 IGB3 ...... 41°00′ 69°30′ remain effective for the duration of ° ′ ° ′ IGB6 ...... 41 20 69 50 IGB2 ...... 41°00′ 68°50′ fishing year 2012 in addition to the ° ′ ° ′ IGB7 ...... 41 20 70 00 SNEDA1 ...... 40°10′ 68°50′ implementation of the trimester TAC 2 ° ′ G12 ...... ( ) 70 00 SNEDA2 ...... 40°10′ 73°10′ AM specified in paragraph (n)(2) of this ° ′ ° ′ 1 The intersection of the Cape Cod, MA, SNEDA3 ...... 39 50 73 10 section. coastline and 70°00′ W. longitude. SNEDA4 ...... 39°50′ (2) (2) Trimester TAC AM for fishing 2 South-facing shoreline of Cape Cod, MA. 1 South-facing shoreline of Cape Cod, MA. years 2012 and beyond. Beginning in 2 East-facing shoreline of NJ. fishing year 2012, common pool vessels (D) Offshore GB Differential DAS shall be subject to the following Area. The Offshore GB Differential DAS (ii) Differential DAS counting factor. restrictions: Area applies to the following stocks of For determining the differential DAS (i) Trimester TACs. (A) Trimester TAC regulated species: Witch flounder, counting AM specified in this paragraph distribution. Any sub-ACLs specified for American plaice, Atlantic halibut, (n)(1), the following differential DAS common pool vessels pursuant to northern windowpane flounder, GB cod, factor shall, except as provided for in § 648.90(a)(4) shall be apportioned into GB haddock, GB yellowtail flounder, paragraph (n)(1)(iii) of this section, be trimesters of four months in duration, and GB winter flounder. The Offshore applied to the DAS accrual rate beginning at the start of the fishing year GB Differential DAS Area is defined as specified in paragraph (e)(1) of this (i.e., Trimester 1: May 1–August 31; the area bounded by straight lines section and implemented in a manner Trimester 2: September 1–December 31; connecting the following points in the consistent with the Administrative Trimester 3: January 1–April 30), as order stated: Procedure Act. follows):

PORTION OF COMMON POOL SUB-ACLS APPORTIONED TO EACH STOCK FOR EACH TRIMESTER

Trimester 1 Trimester 2 Trimester 3 Stock (percent) (percent) (percent)

GOM Cod ...... 27 36 37 GB Cod ...... 25 37 38 GOM Haddock ...... 27 26 47 GB Haddock ...... 27 33 40

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PORTION OF COMMON POOL SUB-ACLS APPORTIONED TO EACH STOCK FOR EACH TRIMESTER—Continued

Trimester 1 Trimester 2 Trimester 3 Stock (percent) (percent) (percent)

CC/GOM Yellowtail Flounder ...... 35 35 30 GB Yellowtail Flounder ...... 19 30 52 SNE/MA Yellowtail Flounder ...... 21 37 42 GOM Winter Flounder ...... 37 38 25 GB Winter Flounder ...... 8 24 69 SNE/MA Winter Flounder ...... 36 50 14 Witch Flounder ...... 27 31 42 American Plaice ...... 24 36 40 Pollock ...... 28 35 37 Redfish ...... 25 31 44 White Hake ...... 38 31 31 Northern Windowpane Flounder ...... 33 33 34 Southern Windowpane Flounder ...... 33 33 34 Ocean Pout ...... 33 33 34 Atlantic Halibut ...... 33 33 34 Atlantic Wolffish ...... 75 13 12

(B) Trimester TAC adjustment. The a Trimester TAC for any of these stocks 5 North-facing shoreline of Cape Cod, MA. distribution of trimester TACs specified is projected to be caught. Based upon all in paragraph (n)(2)(i)(A) of this section available information, the Regional (B) GOM Cod Trimester TAC Area. may be adjusted pursuant to the Administrator is authorized to expand For the purposes of the trimester TAC biennial adjustment process specified in or narrow the areas closed under this AM closure specified in paragraph § 648.90. Future adjustments to the paragraph (n)(2)(ii) in a manner (n)(2)(ii) of this section, the GOM Cod distribution of trimester TACs shall use consistent with the Administrative Trimester TAC Area shall apply to catch data for the most recent 5-year Procedure Act. If it is not possible to common pool vessels using trawl gear, period prior to the reevaluation of identify an area where only 90 percent sink gillnet gear, and longline/hook gear trimester TACs. of the catch occurred, the Regional within the area bounded on the south, (ii) Stock area closures. With the Administrator shall close the smallest west, and north by the shoreline of the exception of both stocks of windowpane area possible where greater than 90 United States and bounded on the east flounder, ocean pout, and Atlantic percent of the catch occurred. by straight lines connecting the halibut, if the Regional Administrator (A) GB Cod Trimester TAC Area. For following points in the order stated: projects that 90 percent of the trimester the purposes of the trimester TAC AM TACs specified in paragraph (n)(2)(i) of closure specified in paragraph (n)(2)(ii) GOM COD TRIMESTER TAC AREA this section will be caught based upon of this section, the GB Cod Trimester available information, the Regional TAC Area shall apply to common pool Point N. Latitude W. Lon- Administrator shall close the area where vessels using trawl gear, sink gillnet gitude 90 percent of the catch for each such gear, and longline/hook gear within the 1 ° ′ stock occurred, according to available area bounded by straight lines GOM1 ...... ( ) 69 20 ° ′ ° ′ VTR data and other information, to all connecting the following points in the GOM2 ...... 43 40 69 20 ° ′ ° ′ common pool vessels using gear capable order stated: GOM3 ...... 43 40 69 00 of catching such stocks for the GOM4 ...... 43°20′ 69°00′ ° ′ ° ′ remainder of that trimester, as specified GB COD TRIMESTER TAC AREA GOM5 ...... 43 20 69 10 in paragraphs (n)(2)(ii)(A) through (P) of GOM6 ...... 43°00′ 69°10′ ° ′ ° ′ this section, in a manner consistent with W. Lon- GOM7 ...... 43 00 69 20 Point N. Latitude ° ′ ° ′ the Administrative Procedure Act. For gitude GOM8 ...... 42 50 69 20 ° ′ ° ′ example, if the Regional Administrator GOM9 ...... 42 50 69 40 ° ′ ° ′ ° ′ ° ′ projects that 90 percent of the CC/GOM GB1 ...... 42 20 70 00 GOM10 ...... 42 20 69 40 GB2 ...... 42°20′ (1) GOM11 ...... 42°20′ 70°00′ yellowtail flounder Trimester 1 TAC ° ′ ° ′ GB3 ...... 40 30 65 40 GOM12 ...... (2) 70°00′ will be caught, common pool vessels GB4 ...... 40°30′ 66°40′ using trawl and gillnet gear shall be GB5 ...... 39°50′ 66°40′ 1 Intersection with ME shoreline. prohibited from fishing in the CC/GOM GB6 ...... 39°50′ 66°40′ 2 North-facing shoreline of Cape Cod, MA. Yellowtail Flounder Closure Area GB7 ...... 41°00′ 68°50′ specified in paragraph (n)(2)(ii)(G) of GB8 ...... 41°00′ 69°30′ (C) GB Haddock Trimester TAC Area. this section until the beginning of GB9 ...... 41°10′ 69°30′ For the purposes of the trimester TAC GB10 ...... 41°10′ 69°50′ AM closure specified in paragraph Trimester 2 on September 1 of that ° ′ ° ′ fishing year. For both stocks of GB11 ...... 41 20 69 50 (n)(2)(ii) of this section, the GB Haddock GB12 ...... (2) 70°00′ windowpane flounder, ocean pout, and GB13 ...... (3) 70°00′ Trimester TAC Area shall apply to Atlantic halibut, the Regional GB14 ...... (4) 70°00′ common pool vessels using trawl gear, Administrator shall monitor catch of GB15 ...... (5) 70°00′ sink gillnet gear, and longline/hook gear these stocks and shall deduct any GB1 ...... 42°20′ 70°00′ within the area bounded by straight projected overages of the sub-ACLs for lines connecting the following points in 1 U.S./Canada maritime boundary. such stocks pursuant to paragraph 2 East-facing shoreline of Nantucket, MA. the order stated: (n)(2)(iii) of this section, instead of 3 North-facing shoreline of Nantucket, MA. implementing a stock area closure when 4 South-facing shoreline of Cape Cod, MA.

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GB HADDOCK TRIMESTER TAC AREA GB YELLOWTAIL FLOUNDER CC/GOM YELLOWTAIL FLOUNDER TRIMESTER TAC AREA TRIMESTER TAC AREA—Continued Point N. Latitude W. Lon- gitude W. Lon- W. Lon- Point N. Latitude gitude Point N. Latitude gitude GB1 ...... 42°20′ 70°00′ GB2 ...... 42°20′ (1) GB1 ...... 42°20′ 68°50′ CCGOM5 ...... 41°00′ 68°50′ GB3 ...... 40°30′ 65°40′ GB2 ...... 42°20′ (1) CCGOM6 ...... 41°00′ 69°30′ GB4 ...... 40°30′ 66°40′ GB3 ...... 40°30′ 65°40′ CCGOM7 ...... 41°10′ 69°30′ GB5 ...... 39°50′ 66°40′ GB4 ...... 40°30′ 66°40′ CCGOM8 ...... 41°10′ 69°50′ GB6 ...... 39°50′ 66°40′ GB5 ...... 39°50′ 66°40′ CCGOM9 ...... 41°20′ 69°50′ GB7 ...... 41°00′ 68°50′ GB6 ...... 39°50′ 68°50′ CCGOM10 ...... 41°20′ (2) GB8 ...... 41°00′ 69°30′ GB1 ...... 42°20′ 68°50′ CCGOM11 ...... (3) 70°00′ GB9 ...... 41°10′ 69°30′ 4 ° ′ 1 CCGOM12 ...... ( ) 70 00 GB10 ...... 41°10′ 69°50′ U.S./Canada maritime boundary. GB11 ...... 41°20′ 69°50′ 1 Intersection with MA shoreline. (F) SNE/MA Yellowtail Flounder 2 GB12 ...... (2) 70°00′ East-facing shoreline of Nantucket, MA. Trimester TAC Area. For the purposes 3 South-facing shoreline of MA. 3 ° ′ GB13 ...... ( ) 70 00 of the trimester TAC AM closure 4 North-facing shoreline of Nantucket, MA. 4 ° ′ GB14 ...... ( ) 70 00 specified in paragraph (n)(2)(ii) of this GB15 ...... (5) 70°00′ (H) American Plaice Trimester TAC GB1 ...... 42°20′ 70°00′ section, the SNE/MA Yellowtail Area. For the purposes of the trimester Flounder Trimester TAC Area shall 1 TAC AM closure specified in paragraph U.S./Canada maritime boundary. apply to common pool vessels using (n)(2)(ii) of this section, the American 2 East-facing shoreline of Nantucket, MA. trawl gear and sink gillnet gear within 3 North-facing shoreline of Nantucket, MA. Plaice Trimester TAC Area shall apply 4 South-facing shoreline of Cape Cod, MA. the area bounded by straight lines to common pool vessels using trawl gear 5 North-facing shoreline of Cape Cod, MA. connecting the following points in the within the area bounded by straight order stated: lines connecting the following points in (D) GOM Haddock Trimester TAC the order stated: Area. For the purposes of the trimester SNE/MA YELLOWTAIL FLOUNDER TAC AM closure specified in paragraph TRIMESTER TAC AREA AMERICAN PLAICE TRIMESTER TAC (n)(2)(ii) of this section, the GOM AREA Haddock Trimester TAC Area shall W. Lon- Point N. Latitude gitude apply to common pool vessels using W. Lon- trawl gear, sink gillnet gear, and Point N. Latitude 1 ° ′ gitude longline/hook gear within the area SNEMA1 ...... ( ) 70 00 SNEMA2 ...... (2) 70°00′ 1 ° ′ bounded on the south, west, and north 3 ° ′ AP1 ...... ( ) 68 00 SNEMA3 ...... ( ) 70 00 ° ′ ° ′ by the shoreline of the United States SNEMA4 ...... 39°50′ 70°00′ AP2 ...... 44 10 67 50 and bounded on the east by straight ° ′ ° ′ AP3 ...... 44°00′ 67°50′ SNEMA5 ...... 39 50 71 40 ° ′ ° ′ lines connecting the following points in SNEMA6 ...... 40°00′ 71°40′ AP4 ...... 44 00 67 40 ° ′ ° ′ AP5 ...... (2) 67°40′ the order stated: SNEMA7 ...... 40 00 73 00 ° ′ ° ′ SNEMA8 ...... (4) 73°00′ AP6 ...... 42 53.1 67 44.4 2 ° ′ SNEMA9 ...... 41°00′ (5) AP7 ...... ( ) 67 40 GOM HADDOCK TRIMESTER TAC ° ′ ° ′ SNEMA10 ...... 41°00′ 71°40′ AP8 ...... 41 20 67 40 ° ′ ° ′ AREA SNEMA11 ...... (6) 71°40′ AP9 ...... 41 10 67 40 AP10 ...... 41°10′ 67°10′ 1 South-facing shoreline of Cape Cod, MA. AP11 ...... 41°00′ 67°10′ Point N. Latitude W. Lon- gitude 2 North-facing shoreline of Nantucket, MA. AP12 ...... 41°00′ 67°00′ 3 South-facing shoreline of Nantucket, MA. AP13 ...... 40°50′ 67°00′ GOM1 ...... (1) 69°20′ 4 South-facing shoreline of Long Island, NY. ° ′ ° ′ 5 AP14 ...... 40 50 66 50 GOM2 ...... 43°40′ 69°20′ East-facing shoreline of Long Island, NY. ° ′ ° ′ 6 Intersection with RI shoreline. AP15 ...... 40 40 66 50 GOM3 ...... 43°40′ 69°00′ AP16 ...... 40°40′ 66°40′ GOM4 ...... 43°20′ 69°00′ (G) CC/GOM Yellowtail Flounder AP17 ...... 39°50′ 66°40′ GOM5 ...... 43°20′ 67°40′ Trimester TAC Area. For the purposes AP18 ...... 39°50′ 68°50′ GOM6 ...... (2) 67°40′ of the trimester TAC AM closure AP19 ...... 41°00′ 68°50′ GOM7 ...... 42°53.1′ 67°44.4′ specified in paragraph (n)(2)(ii) of this AP20 ...... 41°00′ 69°30′ 2 ° ′ GOM8 ...... ( ) 67 40 section, the CC/GOM Yellowtail AP21 ...... 41°10′ 69°30′ ° ′ ° ′ ° ′ ° ′ GOM9 ...... 42 20 67 40 Flounder Trimester TAC Area shall AP22 ...... 41 10 69 50 GOM10 ...... 42°20′ 70°00′ AP23 ...... 41°20′ 69°50′ apply to common pool vessels using GOM10 ...... (3) 70°00′ AP24 ...... 41°20′ (3) trawl gear and sink gillnet gear within AP25 ...... (4) 70°00′ 1 Intersection with ME shoreline. the area bounded by straight lines AP26 ...... (5) 70°00′ 2 U.S./Canada maritime boundary. connecting the following points in the 3 North-facing shoreline of Cape Cod, MA. 1 order stated: Intersection with ME shoreline. 2 U.S./Canada maritime boundary. (E) GB Yellowtail Flounder Trimester 3 East-facing shoreline of Nantucket, MA. TAC Area. For the purposes of the CC/GOM YELLOWTAIL FLOUNDER 4 North-facing shoreline of Nantucket, MA. 5 trimester TAC AM closure specified in TRIMESTER TAC AREA South-facing shoreline of Cape Cod, MA. paragraph (n)(2)(ii) of this section, the (I) Witch Flounder Trimester TAC GB Yellowtail Flounder Trimester TAC W. Lon- Area. For the purposes of the trimester Point N. Latitude gitude Area shall apply to common pool TAC AM closure specified in paragraph vessels using trawl gear and sink gillnet CCGOM1 ...... 42°50′ (1) (n)(2)(ii) of this section, the Witch gear within the area bounded by straight CCGOM2 ...... 42°50′ 69°40′ Flounder Trimester TAC Area shall lines connecting the following points in CCGOM3 ...... 42°20′ 69°40′ apply to common pool vessels using the order stated: CCGOM4 ...... 42°20′ 68°50′ trawl gear within the area bounded by

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straight lines connecting the following GB WINTER FLOUNDER TRIMESTER U.S. coastline, defined by straight lines points in the order stated: TAC AREA—Continued connecting the following points in the order stated: WITCH FLOUNDER TRIMESTER TAC Point N. Latitude W. Lon- AREA gitude SNE/MA WINTER FLOUNDER TRIMESTER TAC AREA II GB19 ...... 41°00′ 68°20′ W. Lon- ° ′ ° ′ Point N. Latitude gitude GB20 ...... 41 00 68 50 ° ′ ° ′ W. Lon- GB1 ...... 42 20 68 50 Point N. Latitude gitude 1 ° ′ AP1 ...... ( ) 68 00 1 U.S./Canada maritime boundary. AP2 ...... 44°10′ 67°50′ SNE/MA12 ...... (1) 71°10′ AP3 ...... 44°00′ 67°50′ (K) GOM Winter Flounder Trimester SNE/MA13 ...... 41°20′ 71°10′ AP4 ...... 44°00′ 67°40′ TAC Area. For the purposes of the SNE/MA14 ...... 41°20′ (2) AP5 ...... (2) 67°40′ trimester TAC AM closure specified in SNE/MA15 ...... 41°20′ (3) ° ′ ° ′ AP6 ...... 42 53.1 67 44.4 paragraph (n)(2)(ii) of this section, the SNE/MA16 ...... 41°20′ (4) 2 ° ′ AP7 ...... ( ) 67 40 GOM Winter Flounder Trimester TAC SNE/MA17 ...... (5) 70°00′ AP8 ...... 41°20′ 67°40′ SNE/MA18 ...... 39°50′ 70°00′ AP9 ...... 41°10′ 67°40′ Area shall apply to common pool ° ′ ° ′ vessels using trawl gear and sink gillnet SNE/MA19 ...... 39 50 71 40 AP10 ...... 41°10′ 67°10′ SNE/MA20 ...... 40°00′ 71°40′ ° ′ ° ′ AP11 ...... 41 00 67 10 gear within the area bounded by straight SNE/MA21 ...... 40°00′ (6) AP12 ...... 41°00′ 67°00′ lines connecting the following points in AP13 ...... 40°50′ 67°00′ the order stated: 1 Intersection with RI shoreline. AP14 ...... 40°50′ 66°50′ 2 West-facing shoreline of Martha’s Vine- AP15 ...... 40°40′ 66°50′ yard, MA. GOM WINTER FLOUNDER TRIMESTER 3 AP16 ...... 40°40′ 66°40′ East-facing shoreline of Martha’s Vineyard, AP17 ...... 39°50′ 66°40′ TAC AREA MA. 4 West-facing shoreline of Nantucket, MA. AP18 ...... 39°50′ 68°50′ 5 W. Lon- South-facing shoreline of Nantucket, MA. AP19 ...... 41°00′ 68°50′ Point N. Latitude 6 Intersection with NJ shoreline. AP20 ...... 41°00′ 69°30′ gitude AP21 ...... 41°10′ 69°30′ (M) Redfish Trimester TAC Area. For ° ′ 1 AP22 ...... 41°10′ 69°50′ GOM1 ...... 42 50 ( ) the purposes of the trimester TAC AM ° ′ ° ′ GOM2 ...... 42°50′ 69°40′ AP23 ...... 41 20 69 50 ° ′ ° ′ closure specified in paragraph (n)(2)(ii) ° ′ 3 GOM3 ...... 42 20 69 40 AP24 ...... 41 20 ( ) ° ′ ° ′ of this section, the Redfish Trimester 4 ° ′ GOM4 ...... 42 20 70 00 AP25 ...... ( ) 70 00 2 ° ′ TAC Area shall apply to common pool 5 ° ′ GOM5 ...... ( ) 70 00 AP26 ...... ( ) 70 00 vessels using trawl gear within the area 1 1 Intersection with MA shoreline. bounded by straight lines connecting Intersection with ME shoreline. 2 North-facing shoreline of Cape Cod, MA. 2 U.S./Canada maritime boundary. the following points in the order stated: 3 East-facing shoreline of Nantucket, MA. (L) SNE/MA Winter Flounder 4 North-facing shoreline of Nantucket, MA. Trimester TAC AM Closure Area. For 5 South-facing shoreline of Cape Cod, MA. REDFISH TRIMESTER TAC AREA the purposes of the trimester TAC AM (J) GB Winter Flounder Trimester TAC closure specified in paragraph (n)(2)(ii) Point N. Latitude W. Lon- Area. For the purposes of the trimester of this section, the SNE/MA Winter gitude TAC AM closure specified in paragraph Flounder Trimester TAC Areas I and II RF1 ...... (1) 69°20′ (n)(2)(ii) of this section, the GB Winter shall apply to common pool vessels ° ′ ° ′ Flounder Trimester TAC Area shall RF2 ...... 43 40 69 20 using trawl gear. The SNE/MA Winter RF3 ...... 43°40′ 69°00′ apply to common pool vessels using Flounder Trimester TAC Area I is RF4 ...... 43°20′ 69°00′ trawl gear within the area bounded by bounded by straight lines connecting RF5 ...... 43°20′ 67°40′ straight lines connecting the following the following points in the order stated: RF6 ...... (2) 67°40′ points in the order stated: RF7 ...... 42°53.1′ 67°44.4′ SNE/MA WINTER FLOUNDER RF8 ...... (2) 67°40′ GB WINTER FLOUNDER TRIMESTER RF9 ...... 41°20′ 67°40′ TRIMESTER TAC AREA I ° ′ ° ′ TAC AREA RF10 ...... 41 20 68 10 RF11 ...... 41°10′ 68°10′ Point N. Latitude W. Lon- RF12 ...... 41°10′ 68°20′ W. Lon- gitude ° ′ ° ′ Point N. Latitude gitude RF13 ...... 41 00 68 20 ° ′ ° ′ RF14 ...... 41°00′ 69°30′ SNE/MA1 ...... 42 20 70 00 ° ′ ° ′ GB1 ...... 42°20′ 68°50′ ° ′ ° ′ RF15 ...... 41 10 69 30 SNE/MA2 ...... 42 20 68 50 ° ′ ° ′ GB2 ...... 42°20′ 67°40′ ° ′ ° ′ RF16 ...... 41 10 69 50 SNE/MA3 ...... 41 00 68 50 ° ′ ° ′ GB3 ...... 41°50′ 67°40′ SNE/MA4 ...... 41°00′ 69°30′ RF17 ...... 41 20 69 50 3 ° ′ GB4 ...... 41°50′ (1) SNE/MA5 ...... 41°10′ 69°30′ RF18 ...... ( ) 70 00 4 ° ′ GB5 ...... 40°30′ 65°40′ SNE/MA6 ...... 41°10′ 69°50′ RF19 ...... ( ) 70 00 5 ° ′ GB6 ...... 40°30′ 66°40′ SNE/MA7 ...... 41°20′ 69°50′ RF20 ...... ( ) 70 00 ° ′ ° ′ 1 ° ′ GB7 ...... 40 40 66 40 SNE/MA8 ...... ( ) 70 00 1 Intersection with ME shoreline. GB8 ...... 40°40′ 66°50′ SNE/MA9 ...... (2) 70°00′ 2 U.S./Canada maritime boundary. GB9 ...... 40°50′ 66°50′ SNE/MA10 ...... (3) 70°00′ 3 East-facing shoreline of Nantucket, MA. GB10 ...... 40°50′ 67°00′ SNE/MA11 ...... (4) 70°00′ 4 North-facing shoreline of Nantucket, MA. GB11 ...... 41°00′ 67°00′ SNE/MA1 ...... 42°20′ 70°00′ 5 South-facing shoreline of Cape Cod, MA. GB12 ...... 41°00′ 67°10′ 1 (N) White Hake Trimester TAC Area. GB13 ...... 41°10′ 67°10′ East-facing shoreline of Nantucket, MA. ° ′ ° ′ 2 North-facing shoreline of Nantucket, MA. For the purposes of the trimester TAC GB14 ...... 41 10 67 00 3 ° ′ ° ′ South-facing shoreline of Cape Cod, MA. AM closure specified in paragraph GB15 ...... 41 20 67 40 4 North-facing shoreline of Cape Cod, MA. GB16 ...... 41°20′ 68°10′ (n)(2)(ii) of this section, the White Hake GB17 ...... 41°10′ 68°10′ SNE/MA Winter Flounder Trimester Trimester TAC Area shall apply to GB18 ...... 41°10′ 68°20′ TAC Area II is bound on the west by the common pool vessels using trawl gear,

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sink gillnet gear, and longline/hook gear 3 East-facing shoreline of Nantucket, MA. deducted from the sub-ACL for that 4 within the area bounded by straight North-facing shoreline of Nantucket, MA. stock that is allocated to common pool 5 South-facing shoreline of Cape Cod, MA. lines connecting the following points in vessels pursuant to § 648.90(a)(4) for the the order stated: (P) Atlantic Wolfish Trimester TAC following fishing year. Area. For the purposes of the trimester (iv) Monitoring requirements. Starting WHITE HAKE TRIMESTER TAC AREA TAC AM closure specified in paragraph in fishing year 2012 (May 1, 2012), (n)(2)(ii) of this section, the Atlantic landings of regulated species or ocean Point N. Latitude W. Lon- Wolfish Trimester TAC Area shall apply pout by common pool vessels shall be gitude to common pool vessels using trawl gear monitored at the point of offload by and sink gillnet gear within the area independent, third-part service 1 ° ′ RF1 ...... ( ) 69 20 bounded by straight lines connecting RF2 ...... 43°40′ 69°20′ providers approved/certified to provide RF3 ...... 43°40′ 69°00′ the following points in the order stated: such services by NMFS, as specified in RF4 ...... 43°20′ 69°00′ paragraphs (n)(2)(iv)(A) and (B) of this RF5 ...... 43°20′ 67°40′ ATLANTIC WOLFISH TRIMESTER TAC section. These service providers shall RF6 ...... (2) 67°40′ AREA deploy dockside monitors to monitor RF7 ...... 42°53.1′ 67°44.4′ the offload of catch directly to a dealer RF8 ...... (2) 67°40′ Point N. Latitude W. Lon- and roving monitors to monitor the RF9 ...... 41°20′ 67°40′ gitude offload of catch onto a truck for ° ′ ° ′ RF10 ...... 41 20 68 10 subsequent shipment to a dealer. The RF11 ...... 41°10′ 68°10′ ATWLF1 ...... (1) 69°20′ RF12 ...... 41°10′ 68°20′ ATWLF2 ...... 43°40′ 69°20′ costs associated with monitoring vessel RF13 ...... 41°00′ 68°20′ ATWLF3 ...... 43°40′ 69°00′ offloads shall be the responsibility of RF14 ...... 41°00′ 69°30′ ATWLF4 ...... 43°20′ 69°00′ individual vessels and an individual RF15 ...... 41°10′ 69°30′ ATWLF5 ...... 43°20′ 69°10′ vessel may only use one dockside RF16 ...... 41°10′ 69°50′ ATWLF6 ...... 43°00′ 69°10′ monitoring service provider per fishing RF17 ...... 41°20′ 69°50′ ATWLF7 ...... 43°00′ 69°20′ year. Both common pool vessels and RF18 ...... (3) 70°00′ ATWLF8 ...... 42°50′ 69°20′ service providers providing offloading RF19 ...... (4) 70°00′ ATWLF9 ...... 42°50′ 69°40′ monitoring services will be subject to 5 ° ′ ° ′ ° ′ RF20 ...... ( ) 70 00 ATWLF10 ...... 42 20 69 40 the requirements specified in ATWLF11 ...... 42°20′ 67°40′ 1 Intersection with ME shoreline. ° ′ ° ′ § 648.87(b)(5). 2 ATWLF12 ...... 41 20 67 40 U.S./Canada maritime boundary. ATWLF13 ...... 41°20′ 68°10′ (A) Coverage levels. At least 20 3 East-facing shoreline of Nantucket, MA. percent of the trips taken by vessels 4 ATWLF14 ...... 41°10′ 68°10′ North-facing shoreline of Nantucket, MA. ° ′ ° ′ 5 South-facing shoreline of Cape Cod, MA. ATWLF15 ...... 41 10 68 20 operating under the provisions of the ATWLF16 ...... 41°00′ 68°20′ common pool shall be monitored. To (O) Pollock Trimester TAC Area. For ATWLF17 ...... 41°00′ 69°30′ ensure that this level of coverage is the purposes of the trimester TAC AM ATWLF18 ...... 41°10′ 69°30′ achieved, if a trip has been selected to closure specified in paragraph (n)(2)(ii) ATWLF19 ...... 41°10′ 69°50′ be observed by a dockside/roving of this section, the Pollock Trimester ATWLF20 ...... 41°20′ 69°50′ monitor, all offloading events associated 2 ° ′ TAC Area shall apply to common pool ATWLF21 ...... ( ) 70 00 with that trip must be monitored by a 3 ° ′ vessels using trawl gear, sink gillnet ATWLF22 ...... ( ) 70 00 dockside/roving monitor, as specified in ATWLF23 ...... (4) 70°00′ gear, and longline/hook gear within the paragraph (n)(2) of this section. For area bounded by straight lines 1 Intersection with ME shoreline. example, a vessel offloading at more connecting the following points in the 2 East-facing shoreline of Nantucket, MA. than one dealer or facility must have a order stated: 3 North-facing shoreline of Nantucket, MA. 4 South-facing shoreline of Cape Cod, MA. dockside/roving monitor present during offload at each location. All landing POLLOCK TRIMESTER TAC AREA (iii) Trimester TAC overage/underage. events at remote ports that are selected If any trimester TAC, as specified in to be observed by a dockside/roving Point N. Latitude W. Lon- paragraph (n)(2)(i) of this section, is not monitor will be required to have a gitude caught during Trimester 1 or 2, the roving monitor present to witness uncaught portion of the trimester TAC 1 ° ′ offload activities to the truck, as well as RF1 ...... ( ) 69 20 shall be carried forward into the next RF2 ...... 43°40′ 69°20′ a dockside monitor present at each RF3 ...... 43°40′ 69°00′ trimester. Uncaught portions of any dealer to certify weigh-out of all RF4 ...... 43°20′ 69°00′ trimester TAC following Trimester 3 landings. Any service provider RF5 ...... 43°20′ 67°40′ may not be carried over into the providing dockside/monitoring services RF6 ...... (2) 67°40′ following fishing year. If any trimester required under this paragraph (n)(2)(iv) RF7 ...... 42°53.1′ 67°44.4′ TAC is exceeded during the Trimesters must ensure that coverage is randomly RF8 ...... (2) 67°40′ 1 or 2, the overage shall be deducted distributed among all such trips and ° ′ ° ′ RF9 ...... 41 20 67 40 from the Trimester 3 TAC for that stock. that the landing events monitored are RF10 ...... 41°20′ 68°10′ ° ′ ° ′ If the entire sub-ACL for a particular representative of fishing operations by RF11 ...... 41 10 68 10 stock that is allocated to the common RF12 ...... 41°10′ 68°20′ common pool vessels throughout the RF13 ...... 41°00′ 68°20′ pool is exceeded (i.e., the common pool fishing year, unless otherwise directed. RF14 ...... 41°00′ 69°30′ catch of that stock at the end of the (B) Dockside/roving monitor service RF15 ...... 41°10′ 69°30′ fishing year, including the common provider standards. For fishing year RF16 ...... 41°10′ 69°50′ pool’s share of any overage of the 2012 and beyond, a common pool vessel RF17 ...... 41°20′ 69°50′ overall ACL for a particular stock must employ a service provider RF18 ...... (3) 70°00′ caused by excessive catch by other sub- approved/certified by NMFS to provide RF19 ...... (4) 70°00′ components of the fishery pursuant to dockside/roving monitor services, as 5 ° ′ RF20 ...... ( ) 70 00 § 648.90(a)(5), exceeds all three identified by the Regional 1 Intersection with ME shoreline. trimester TACs for that stock combined), Administrator. To be approved/certified 2 U.S./Canada maritime boundary. an amount equal to the overage shall be to provide the services specified in

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paragraph (n)(2) of this section, § 648.85 Special management programs. proposed TACs in the Federal Register dockside/roving monitor service * * * * * and provide a 30-day public comment providers must meet the standards (a) * * * period. NMFS shall make a final listed in § 648.87(b)(4). (1) U.S./Canada Management Areas. determination concerning the TACs and (v) Adjustments to trimester TACs. A vessel issued a NE multispecies publish notification of the approved The distribution of trimester TACs permit that meets the requirements of TACs and responses to public specified in paragraph (n)(2)(i) of this paragraph (a)(3) of this section may fish comments in the Federal Register. The section may be revised pursuant to the in the U.S./Canada Management Areas Council, at this time, may also consider biennial adjustment or framework described in paragraphs (a)(1)(i) and (ii) modification of management measures process specified in § 648.90(a)(2) and of this section. in order to ensure compliance with the shall use the distribution of landings of * * * * * U.S./Canada Resource Sharing the most recent 5-year period available. (2) TAC allocation—(i) Process for Understanding. Any changes to (vi) Trip limit adjustment. When 60 establishing TACs. The amount of GB management measures will be modified percent of the northern or southern cod and haddock TAC that may be pursuant to § 648.90. (ii) Adjustments to TACs. Any windowpane flounder, ocean pout, or harvested from the Eastern U.S./Canada overages of the GB cod and GB haddock Atlantic halibut sub-ACLs specified for Area described in paragraph (a)(1)(ii) of TACs specified for either the common common pool vessels pursuant to this section, and the amount of GB pool or individual Sectors, or any § 648.90(a)(4)(iii)(E)(2) is projected to be yellowtail flounder TAC that may be overages of the GB yellowtail flounder caught, the Regional Administrator may harvested from the Western U.S./Canada TAC specified for the common pool, specify a possession limit for these Area and the Eastern U.S./Canada Area, individual Sectors, or the scallop fishery stocks that is calculated to prevent the as described in paragraphs (a)(1)(i) and pursuant to this paragraph (a)(2) that yearly sub-ACL from being exceeded (ii) of this section, combined, shall be occur in a given fishing year will be prior to the end of the fishing year. determined by the process specified in subtracted from the respective TAC in 12. In § 648.83, revise paragraph (a)(1) paragraphs (a)(2)(i)(A) through (D) of the following fishing year. to read as follows: this section. (iii) Distribution of TACs. For stocks (A) To the extent practicable, by June § 648.83 Multispecies minimum fish sizes. managed by the U.S./Canada Resource 30 of each year, the Terms of Reference Sharing Understanding, as specified in (a) * * * for the U.S./Canada shared resources for paragraph (a)(1) of this section, the TAC (1) Minimum fish sizes for GB cod, haddock, and yellowtail allocation determined pursuant to this recreational vessels and charter/party flounder shall be established by the paragraph (a)(2) shall be distributed vessels that are not fishing under a NE Steering Committee and the between Sectors approved pursuant to multispecies DAS are specified in Transboundary Management Guidance § 648.87(c), common pool vessels, and § 648.89. Except as provided in § 648.17, Committee (TMGC). scallop vessels, as specified in all other vessels are subject to the (B) To the extent practicable, by July § 648.90(a)(4). Approved Sectors will be following minimum fish sizes, 31 of each year, a Transboundary allocated ACE for Eastern GB cod and determined by total length (TL): Resource Assessment Committee Eastern GB haddock proportional to the (TRAC) joint assessment of the U.S./ Sector’s allocation of the overall ACL for MINIMUM FISH SIZES (TL) FOR Canada shared resources for GB cod, these stocks, based upon the fishing COMMERCIAL VESSELS haddock and yellowtail flounder shall histories of Sector vessels, as specified occur. in § 648.87(b)(1)(i). Any ACE for Eastern Species Size (C) To the extent practicable, by GB cod and Eastern GB haddock (inches) August 31 of each year, the TMGC shall allocated to an individual Sector is recommend TACs for the U.S./Canada Cod ...... 22 (55.9 cm) considered a subset of the overall GB Haddock ...... 18 (45.7 cm) shared resources for GB cod, haddock, cod and GB haddock ACE allocated to Pollock ...... 19 (48.3 cm) and yellowtail flounder. Prior to that Sector and may only be harvested Witch flounder (gray sole) 14 (35.6 cm) October 31 of each year, the Council from the Eastern U.S./Canada Area, Yellowtail flounder ...... 13 (33.0 cm) may refer any or all recommended TACs while the remaining ACE for GB cod American plaice (dab) ...... 14 (35.6 cm) back to the TMGC and request changes and GB haddock available to that Sector Atlantic halibut ...... 41 (104.1 cm) to any or all TACs. The TMGC shall may only be harvested outside of the Winter flounder 12 (30.5 cm) consider such recommendations and Eastern U.S./Canada Area. Any ACE (blackback). respond to the Council prior to October allocated to that sector For example, if Redfish ...... 9 (22.9 cm) 31. a Sector is allocated 10 percent of the (D) To the extent practicable, by GB haddock ACL, it will also be * * * * * October 31 of each year, the Council allocated 10 percent of the Eastern GB 13. In § 648.85: shall review the TMGC recommended haddock TAC for that particular fishing a. Revise the introductory text to TACs for the U.S. portion of the U.S./ year. paragraph (a)(1), (a)(3), (a)(3)(iii), Canada Management Area resources for (3) Requirements for vessels in U.S./ (b)(8)(v)(A); GB cod, haddock, and yellowtail Canada Management Areas. Any b. Revise paragraphs (a)(2), (a)(3)(i) flounder. Based on the TMGC common pool or Sector vessel, provided and (ii), (a)(3)(iv) and (v), (a)(3)(vii), recommendations, the Council shall the Sector to which a vessel belongs is (b)(3) through (5), (b)(6)(iv)(D) through recommend to the Regional allocated ACE for stocks caught in the (F), (b)(6)(iv)(H) and (I), (b)(6)(iv)(J)(1), Administrator the U.S. TACs for the Eastern U.S./Canada Area pursuant to (b)(6)(v), (b)(7), (b)(8)(i), (b)(8)(v)(A)(2) shared stocks for the subsequent fishing paragraph (a)(2)(iii) of this section and through (4), (b)(8)(v)(B), (b)(8)(v)(D), year as a subset of the ACLs for these § 648.87(b)(1)(i), may fish in the U.S./ (b)(8)(v)(E)(1) and (3), (b)(8)(v)(F), stocks available to the commercial Canada Management Areas, provided it (b)(8)(v)(H) and (I), and (d); and fishery pursuant to § 648.90(a)(4). NMFS complies with conditions and c. Add paragraphs (b)(6)(iv)(J)(4), shall review the Council’s restrictions of this section. A vessel (b)(9), and (e) to read as follows: recommendations and shall publish the other than a NE multispecies vessel may

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fish in the U.S./Canada Management a Sector trip that are not fishing under paragraphs (b)(6) and (8) of this section, Area, subject to the restrictions a NE multispecies DAS for the purposes must fish with a Ruhle trawl, as specified in paragraph (a)(3)(iv)(E) of of complying with the restrictions of described in paragraph (b)(6)(iv)(J)(1) of this section and all other applicable other fisheries, once a vessel elects to this section, or a haddock separator regulations for such vessels. fish outside of the Eastern U.S./Canada trawl, or a flounder trawl net, as (i) VMS requirement. A NE Area, Category A DAS shall accrue from described in paragraphs (a)(3)(iii)(A) multispecies vessel fishing in the U.S./ the time the vessel crosses the VMS and (B) of this section (all three nets Canada Management Areas described in Demarcation Line at the start of its may be onboard the fishing vessel paragraph (a)(1) of this section must fishing trip until the time the vessel simultaneously). Unless otherwise have installed on board an operational crosses the VMS Demarcation Line on restricted by § 648.80(n), gear other than VMS unit that meets the minimum its return to port, in accordance with the Ruhle trawl, haddock separator performance criteria specified in § 648.10(e)(5)(iii). trawl, or the flounder trawl net, or gear §§ 648.9 and 648.10. (2) Unless otherwise exempted authorized under paragraphs (b)(6) and (ii) Declaration. To fish in the U.S./ pursuant to this part, the vessel must (8) of this section, may be on board the Canada Management Area under a NE comply with the reporting requirements vessel during a trip to the Eastern U.S./ multispecies DAS or on a Sector trip, a of the U.S./Canada Management Area Canada Area, provided the gear is NE multispecies vessel must declare specified in § 648.85(a)(3)(v) for the stowed according to the regulations in through the VMS the specific area duration of the trip. § 648.23(b). The description of the within the U.S./Canada Management (3) [Reserved] haddock separator trawl and the Areas, as described in paragraphs (4) If a common pool vessel fishing flounder trawl net, and the description (a)(1)(i) or (ii) of this section, or the under a NE multispecies DAS possesses of the Ruhle trawl may be further specific SAP within the U.S./Canada yellowtail flounder in excess of the trip specified by the Regional Administrator Management Areas, as described in limits for CC/GOM yellowtail flounder through publication of such paragraph (b) of this section, the vessel or SNE/MA yellowtail flounder, as specifications in the Federal Register, in will be fishing in prior to leaving the specified in § 648.86(g), the vessel may a manner consistent with the not fish in either the CC/GOM or SNE/ dock, in accordance with instructions to Administrative Procedure Act. be provided by the Regional MA yellowtail flounder stock area Administrator, and must comply with during that trip (i.e., may not fish * * * * * the restrictions and conditions in outside of the U.S./Canada Management (iv) Harvest controls. Unless paragraphs (a)(3)(ii)(A) through (C) of Area). otherwise specified in this paragraph this section. Vessels other than NE (B) A common pool vessel fishing (a)(3)(iv), any NE multispecies vessel multispecies vessels are not required to under a NE multispecies DAS in the fishing in the U.S./Canada Management declare into the U.S./Canada Western U.S./Canada Area may fish Areas is subject to the following Management Areas. inside and outside the Western U.S./ restrictions. For common pool vessels, (A) A common pool vessel fishing Canada Area on the same trip, provided the trip limits specified in this under a NE multispecies DAS in the it complies with the more restrictive paragraph (a)(3)(iv) are in addition to Eastern U.S./Canada Area may fish both regulations applicable to the area fished any other possession or landing limits inside and outside of the Eastern U.S./ for the entire trip (e.g., the possession applicable to vessels not fishing in the Canada Area on the same trip, provided restrictions specified in paragraph U.S./Canada Management Areas. A it complies with the most restrictive (a)(3)(iv)(C)(4) of this section), and the Sector vessel is subject to the trip limits DAS counting requirements specified in reporting requirements specified in specified in § 648.87(b)(1)(ix). § 648.10(e)(5), trip limits, and reporting § 648.85(a)(3)(v). A vessel on a Sector (A) Cod landing limit restrictions. requirements for the areas fished for the trip in the Western U.S./Canada Area Notwithstanding other applicable entire trip, and the restrictions specified may fish inside and outside the Western possession and landing restrictions in paragraphs (a)(3)(ii)(A)(1) through (4) U.S./Canada Area on the same trip, under this part, a common pool vessel of this section. A vessel on a Sector trip provided it complies with the more fishing in the Eastern U.S./Canada Area may fish both inside and outside of the restrictive reporting requirements described in paragraph (a)(1)(ii) of this Eastern U.S./Canada Area on the same specified in § 648.85(a)(3)(v), unless section may not land more than 500 lb trip, provided it complies with the otherwise exempted pursuant to this (226.8 kg) of cod per DAS, or any part restrictions specified in paragraphs part. of a DAS, up to 5,000 lb (2,268 kg) per (a)(3)(ii)(A)(1) through (3) of this (C) For the purposes of selecting trip. A vessel fishing in the Eastern section. When a vessel operator elects to vessels for observer deployment, a U.S./Canada Area may be further fish both inside and outside of the vessel fishing in either of the U.S./ restricted by participation in other Eastern U.S./Canada Area, all cod, Canada Management Areas specified in Special Management Programs, as haddock, and yellowtail flounder caught paragraph (a)(1) of this section must required under this section. on that trip shall count toward the provide notice to NMFS of the vessel (1) Initial cod landing limit. Unless applicable hard TAC specified for the name; contact name for coordination of modified pursuant to paragraph U.S./Canada Management Area. observer deployment; telephone number (a)(3)(iv)(D) of this section, (1) The vessel operator must notify for contact; and the date, time, and port notwithstanding other applicable NMFS via VMS prior to leaving the of departure, at least 48 hr prior to the possession and landing restrictions Eastern U.S./Canada Area (including at beginning of any trip that it declares under this part, a common pool vessel the time of initial declaration into the into the U.S./Canada Management Area fishing in the Eastern U.S./Canada Area Eastern U.S./Canada Area) that it is also as required under this paragraph described in paragraph (a)(1)(ii) of this electing to fish outside the Eastern U.S./ (a)(3)(ii). section may not land more than 500 lb Canada Area, as instructed by the (iii) Gear requirements. A NE (226.8 kg) of cod per DAS, or any part Regional Administrator. With the multispecies vessel fishing with trawl of a DAS, up to 5,000 lb (2,268 kg) per exception of vessels participating in the gear in the Eastern U.S./Canada Area trip. A vessel fishing in the Eastern Regular B DAS Program and fishing defined in paragraph (a)(1)(ii) of this U.S./Canada Area may be further under a Regular B DAS and vessels on section, unless otherwise provided in restricted by participation in other

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Special Management Programs, as available information, the Regional prevent over-harvesting or to facilitate required under this section. Administrator projects that the achieving the TAC specified in (2) Possession restriction when 100 yellowtail flounder catch may exceed paragraph (a)(2) of this section. Such percent of TAC is harvested. When the the yellowtail flounder TAC for a adjustments may be made at any time Regional Administrator projects that 100 fishing year, the Regional Administrator during the fishing year, or prior to the percent of the TAC allocation for cod may implement, adjust, or remove the start of the fishing year. If necessary to specified in paragraph (a)(2) of this yellowtail flounder landing limit at any give priority to using Category A DAS section will be harvested, NMFS shall, time during that fishing year in order to versus using Category B DAS, the in a manner consistent with the prevent yellowtail flounder catch from Regional Administrator may implement Administrative Procedure Act, close the exceeding the TAC, or to facilitate different management measures for Eastern U.S./Canada Area to NE harvesting the TAC, in a manner vessels using Category A DAS than for multispecies DAS vessels as specified in consistent with the Administrative vessels using Category B DAS. If the paragraph (a)(3)(iv)(E) of this section, Procedure Act. If, based upon available Regional Administrator, under this and prohibit all vessels from harvesting, information, the Regional Administrator authority, requires use of a particular possessing, or landing haddock in or projects that the yellowtail flounder gear type in order to reduce catches of from the Eastern U.S./Canada Area. catch is less than 90 percent of the TAC, stocks of concern, unless further (B) Haddock landing limit—(1) Initial the Regional Administrator may adjust restricted elsewhere in this part, the haddock landing limit. The initial or remove the yellowtail flounder following gear performance incentives haddock landing limit for common pool landing limit at any time during the will apply: Possession of flounders (all vessels is specified in § 648.86(a), unless fishing year in order to facilitate the species combined), monkfish, and adjusted pursuant to paragraphs harvest of the TAC, in a manner skates is limited to 500 lb (226.8 kg) (a)(3)(iv)(B)(2) and (3) of this section. consistent with the Administrative (whole weight) each (i.e., no more than (2) Implementation of haddock Procedure Act. The Regional 500 lb (226.8 kg) of all flounders, no landing limit for Eastern U.S./Canada Administrator may specify yellowtail more than 500 lb (226.8 kg) of monkfish, Area. When the Regional Administrator flounder trip limits that apply to the and no more than 500 lb (226.8 kg) of projects that 70 percent of the haddock entire U.S./Canada Management Area or skates), and possession of lobsters is TAC allocation specified for common to only the Western or Eastern Area. prohibited. pool vessels, as described in paragraph (3) Possession restriction when 100 (E) Closure of Eastern U.S./Canada (a)(2) of this section, will be harvested, percent of TAC is harvested. When the NMFS shall implement, in a manner Regional Administrator projects that 100 Area. Based upon available information, consistent with the Administrative percent of the TAC allocation for when the Regional Administrator Procedure Act, a haddock trip limit for yellowtail flounder distributed to either projects that any individual TAC common pool vessels fishing in the common pool vessels or a particular allocation specified in paragraph Eastern U.S./Canada Area of 1,500 lb Sector, as specified in paragraph (a)(2) (a)(2)(iii) of this section will be caught, (680.4 kg) per day, and 15,000 lb of this section, will be harvested, NMFS NMFS shall close, in a manner (6,804.1 kg) per trip. shall, in a manner consistent with the consistent with the Administrative (3) Possession restriction when 100 Administrative Procedure Act, close the Procedure Act, the Eastern U.S./Canada percent of TAC is harvested. When the Eastern U.S./Canada Area to all limited Area to all vessels subject to that Regional Administrator projects that 100 access NE multispecies vessels subject particular TAC allocation, unless percent of the TAC allocation for to that particular TAC allocation, as otherwise allowed under this paragraph haddock distributed to either common specified in paragraph (a)(3)(iv)(E) of (a)(3)(iv)(E). For example, if the Eastern pool vessels or a particular Sector, as this section, and prohibit such vessels GB cod TAC specified for common pool specified in paragraph (a)(2) of this and all other vessels not issued a vessels is projected to be caught, NMFS section, will be harvested, NMFS shall, limited access NE multispecies permit shall close the Eastern U.S./Canada Area in a manner consistent with the from harvesting, possessing, or landing to all common pool vessels operating Administrative Procedure Act, close the yellowtail flounder from the U.S./ under a NE multispecies DAS. Should Eastern U.S./Canada Area to all limited Canada Management Area. the Eastern U.S./Canada Area close as access NE multispecies vessels subject (4) Yellowtail flounder landing limit described in this paragraph (a)(3)(iv)(E), to that particular TAC allocation, as for vessels fishing both inside and common pool vessels fishing under a specified in paragraph (a)(3)(iv)(E) of outside the Western U.S./Canada Area DAS may continue to fish in a SAP this section, and prohibit such vessels on the same trip. A vessel fishing both within the Eastern U.S./Canada Area, and all other vessels not issued a inside and outside of the Western U.S./ provided that the TAC for the target limited access NE multispecies permit Canada Area on the same trip, as stock identified for that particular SAP from harvesting, possessing, or landing allowed under paragraph (a)(3)(ii)(B) of (i.e., haddock for the Eastern U.S./ haddock in or from the Eastern U.S./ this section, is subject to the most Canada Haddock SAP or haddock or Canada Area. restrictive landing limits that apply to yellowtail flounder for the CA II (C) Yellowtail flounder landing any of the areas fished, for the entire Yellowtail Flounder/Haddock SAP) has limit—(1) Initial yellowtail flounder trip. not been fully harvested. A vessel landing limit. Unless further restricted (D) Other restrictions or inseason fishing on a Sector trip may only fish in under paragraphs (a)(3)(iv)(C)(2) or (D) adjustments. In addition to the a SAP if that vessel’s Sector has ACE of this section (gear performance possession restrictions specified in available for all stocks caught in that incentives), or modified pursuant to paragraph (a)(3)(iv) of this section, the SAP. For example, should the GB cod paragraph (a)(3)(iv)(D) of this section, Regional Administrator, in a manner TAC allocation specified for common there is no initial limit to the amount of consistent with the Administrative pool vessels in paragraph (a)(2)(iii) of yellowtail flounder that could be landed Procedure Act, may modify the gear this section be attained, and the Eastern for each fishing year. requirements, modify or close access to U.S./Canada Area closure implemented (2) Regional Administrator authority the U.S./Canada Management Areas, or for common pool vessels, common pool to adjust the yellowtail flounder landing modify the total number of trips into the vessels could continue to fish for limit mid-season. If, based upon U.S./Canada Management Area, to yellowtail flounder within the SAP

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identified as the Closed Area II stowed in accordance with the specified in paragraph (b)(3)(vii) of this Yellowtail Flounder/Haddock SAP, regulations in § 648.23(b). section, eligible vessels may fish in the described in paragraph (b)(3) of this * * * * * CA II Yellowtail Flounder/Haddock section, in accordance with the (b) * * * SAP from August 1 through January 31. requirements of that program. Upon (3) Closed Area II Yellowtail (iv) VMS requirement. All NE closure of the Eastern U.S./Canada Area, Flounder/Haddock SAP—(i) Eligibility. multispecies vessels fishing in the U.S./ vessels may transit through this area as Any vessel issued a valid limited access Canada Management Areas described in described in paragraph (a)(1)(ii) of this NE multispecies permit fishing under a paragraph (a)(1) of this section must section, provided that its gear is stowed NE multispecies DAS or on a Sector have installed on board an operational in accordance with the provisions of trip, provided the Sector to which the VMS unit that meets the minimum § 648.23(b), unless otherwise restricted vessel belongs has been allocated ACE performance criteria specified in under this part. for all stocks that may be caught within §§ 648.9 and 648.10. (v) Declaration. For the purposes of (v) Reporting. The owner or operator the Eastern U.S./Canada Area pursuant to § 648.87(b)(1)(i), are eligible to selecting vessels for observer of a common pool vessel must submit deployment, a vessel must provide participate in the Closed Area II reports via VMS, in accordance with notice to NMFS of the vessel name; Yellowtail Flounder/Haddock SAP, and instructions provided by the Regional contact name for coordination of may fish in the Closed Area II Administrator, for each day of the observer deployment; telephone number Yellowtail Flounder/Haddock Access fishing trip when declared into either of for contact; date, time and port of Area, as described in paragraph (b)(3)(ii) the U.S./Canada Management Areas. A departure; and special access program to of this section, for the period specified vessel fishing on a Sector trip is subject be fished, at least 48 hr prior to the in paragraph (b)(3)(iii) of this section, to the reporting requirements specified beginning of any trip that it declares provided the Eastern U.S./Canada Area, in this paragraph (a)(3)(v) unless the into the SAP as required under this as described in paragraph (a)(1)(ii) of Regional Administrator determines that paragraph (b)(3)(v). To fish in the Closed weekly Sector catch reports, as required this section, is not closed according to Area II Yellowtail Flounder/Haddock by § 648.87(b)(1)(v), are sufficient to the provisions specified in paragraph SAP, a vessel must declare into this area monitor Sector catch within the U.S./ (a)(3)(iv)(E) of this section, or that the through the VMS prior to departure Canada Management Areas, and the Sector to which a vessel belongs no from port, in accordance with Regional Administrator makes that longer has ACE available for all stocks instructions provided by the Regional determination in a manner consistent caught within the Eastern U.S./Canada Administrator. A vessel declared into with the Administrative Procedure Act. Area pursuant to § 648.87(b)(1)(i). All the Closed Area II Yellowtail Flounder/ Vessels subject to this reporting eligible vessels must comply with the Haddock SAP may also fish in the area requirement must continue to report requirements of this section, unless outside the Eastern U.S./Canada Area, otherwise specified in this paragraph daily, even after exiting the U.S./Canada as defined in paragraph (a)(1)(ii) of this (b)(3). Management Area. The reports must be section, on the same trip, provided the (ii) Closed Area II Yellowtail submitted in 24-hr intervals for each vessel also declares into this area prior Flounder/Haddock SAP Area. The day, beginning at 0000 hr and ending at to departure from port and fishes under Closed Area II Yellowtail Flounder/ 2359 hr, and must be submitted by 0900 the most restrictive DAS counting Haddock SAP Area is the area defined hr of the following day, or as instructed requirements specified in § 648.10(e)(5), by straight lines connecting the by the Regional Administrator. The trip limits, and reporting requirements following points in the order stated: reports must include at least the for the areas fished during the entire following information: trip. CLOSED AREA II YELLOWTAIL (vi) Number of trips per vessel—(A) (A) VTR serial number or other FLOUNDER/HADDOCK SAP AREA Number of trips allowed when the CA II universal ID specified by the Regional Yellowtail Flounder/Haddock SAP is Administrator; Point N. Latitude W. Lon- open to target yellowtail flounder. When (B) Date fish were caught; and gitude the CA II Yellowtail Flounder/Haddock (C) Total pounds of cod, haddock, Ytail 1 ...... 41°30′ 67°20′ SAP is open to target yellowtail yellowtail flounder, winter flounder, Ytail 2 ...... 41°30′ 66°34.8′ flounder, as specified in paragraph witch flounder, pollock, American G5 ...... 41°18.6′ 66°24.8′1 (b)(3)(vii) of this section, eligible plaice, redfish, Atlantic halibut, ocean CII 2 ...... 41°00′ 66°35.8′ common pool vessels are restricted to CII 1 ...... 41°00′ 67°20′ one trip per calendar month during the pout, Atlantic wolffish, and white hake ° ′ ° ′ kept (in pounds, live weight) in each Ytail 1 ...... 41 30 67 20 season described in paragraph (b)(3)(iii) broad stock area, specified in of this section. § 648.10(k)(3), as instructed by the (iii) Season—(A) Season when the CA (B) Number of trips allowed when the Regional Administrator. II Yellowtail Flounder/Haddock SAP is CA II Yellowtail Flounder/Haddock SAP open to target yellowtail flounder. When is open only to target haddock. When * * * * * the CA II Yellowtail Flounder/Haddock the CA II Yellowtail Flounder/Haddock (vii) Transiting. A NE multispecies SAP is open to target yellowtail SAP is open only to target haddock, as vessel that has declared into the Eastern flounder, as specified in paragraph specified in paragraph (b)(3)(vii) of this U.S./Canada Area, as defined in (b)(3)(vii) of this section, eligible vessels section, there is no limit on the number paragraph (a)(1)(ii) of this section, and may fish in the Closed Area II of trips that can be taken by eligible that is not fishing in the CA II Yellowtail Flounder/Haddock SAP from vessels during the season described in Yellowtail Flounder/Haddock SAP July 1 through December 31. paragraph (b)(3)(iii) of this section. described in paragraph (b)(3) of this (B) Season when the CA II Yellowtail (vii) Opening criteria—(A) Opening section, may transit the CA II Yellowtail Flounder/Haddock SAP is open only to the CA II Yellowtail Flounder/Haddock Flounder/Haddock SAP Area, as target haddock. When the CA II SAP to target yellowtail flounder. Unless described in paragraph (b)(3)(ii) of this Yellowtail Flounder/Haddock SAP is otherwise authorized by the Regional section, provided all fishing gear is open only to target haddock, as Administrator, as specified in paragraph

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(a)(3)(iv)(D) of this section, the total Flounder/Haddock SAP are subject to (ix) Area fished. Eligible vessels that number of allowed trips by common the following trip limits, unless have declared a trip into the Closed pool vessels that may be declared into otherwise restricted in this part. Vessels Area II Yellowtail Flounder/Haddock the Closed Area II Yellowtail Flounder/ subject to the restrictions and SAP, and other areas as specified in Haddock SAP for each fishing year shall conditions of an approved Sector paragraph (b)(3)(v) of this section, may be as announced by the Regional operations plan fishing in the Closed not fish for, possess, or land fish in or Administrator on or about June 1, after Area II Yellowtail Flounder/Haddock from outside of the declared area during consultation with the Council, in a SAP are subject to the trip limits the same trip. manner consistent with the specified in § 648.87(b)(1)(ix). (x) Gear requirements—(A) Approved Administrative Procedure Act. Except as (A) Yellowtail flounder trip limit—(1) gear. When the CA II Yellowtail provided in paragraph (b)(3)(vii)(B) of Trip limits when the CA II Yellowtail Flounder/Haddock SAP is open to target this section, the total number of trips by Flounder/Haddock SAP is open to target yellowtail flounder, as specified in all common pool vessels that may be yellowtail flounder. Unless otherwise paragraph (b)(3)(vii) of this section, NE declared into this SAP when the SAP is authorized by the Regional multispecies vessels must fish with a open to target yellowtail flounder shall Administrator as specified in paragraph haddock separator trawl or a flounder not exceed 320 per year. When (a)(3)(iv)(D) of this section, when the CA trawl net, as described in paragraph determining the total number of trips, II Yellowtail Flounder/Haddock SAP is (a)(3)(iii) of this section, or the Ruhle the Regional Administrator shall open to target yellowtail flounder, as trawl, as described in paragraph consider the available yellowtail specified in paragraph (b)(3)(vii) of this (b)(6)(iv)(J)(3) of this section (all three flounder TAC under the U.S./Canada section, a vessel subject to the nets may be onboard the fishing vessel Resource Sharing Understanding, the provisions of the common pool that is simultaneously). When this SAP is only potential catch of GB yellowtail fishing in the CA II Yellowtail open to target haddock, NE multispecies flounder by all vessels fishing outside of Flounder/Haddock SAP may fish for, vessels must use a haddock separator the SAP, recent discard estimates in all possess, and land up to 10,000 lb (4,536 trawl, a Ruhle trawl, or hook gear. Gear fisheries that catch yellowtail flounder, kg) of yellowtail flounder per trip. The other than the haddock separator trawl, the expected number of SAP Regional Administrator may adjust this the flounder trawl, or the Ruhle trawl participants, and any other available limit to a maximum of 30,000 lb (13,608 may be on board the vessel during a trip information. If the Regional kg) per trip after considering the factors to the Eastern U.S./Canada Area outside Administrator determines that the listed in paragraph (b)(3)(vii) of this of the CA II Yellowtail Flounder/ available catch, as determined by section for the maximum number of Haddock SAP, provided the gear is subtracting the potential catch of GB trips. stowed according to the regulations at yellowtail flounder by all vessels (2) Trip limits when the CA II § 648.23(b). outside of the SAP from the GB Yellowtail Flounder/Haddock SAP is (B) Approval of additional gear. The yellowtail flounder TAC allocation open to target haddock. Unless Regional Administrator may authorize specified in paragraph (a)(2) of this otherwise specified by the Regional additional gear for use in the CA II section, is insufficient to allow for at Administrator pursuant to paragraph Yellowtail Flounder/Haddock SAP in least 150 trips with a possession limit of (a)(3)(iv)(D) of this section, when the CA accordance with the standards and 15,000 lb (6,804 kg) of yellowtail II Yellowtail Flounder/Haddock SAP is requirements specified in paragraph flounder per trip, the Regional only open to target haddock, as (b)(6)(iv)(J)(2) of this section. Administrator may choose not to specified in paragraph (b)(3)(vii) of this (xi) No-discard provision and DAS authorize any trips into the SAP during section, the trip limit for yellowtail flips. A vessel fishing in the CA II a fishing year. flounder is specified in paragraph Yellowtail Flounder/Haddock SAP (B) Opening the CA II Yellowtail/ (b)(3)(viii)(C) of this section. under a NE multispecies DAS or on a Haddock SAP to only target haddock. If (B) Cod and haddock trip limit. Sector trip may not discard legal-sized the CA II Yellowtail Flounder/Haddock Unless otherwise restricted, a common regulated NE multispecies, unless the SAP is not open to targeting yellowtail pool vessel fishing any portion of a trip possession of the species is prohibited flounder due to an insufficient amount in the Closed Area II Yellowtail pursuant to § 648.86, or unless of yellowtail flounder TAC, or because Flounder/Haddock SAP on a NE otherwise specified in this paragraph the maximum number of trips allowed multispecies DAS may not fish for, (b)(3)(xi). A vessel may discard Atlantic into the CA II Yellowtail Flounder/ possess, or land more than 1,000 lb halibut exceeding the one fish per trip Haddock SAP to target yellowtail (453.6 kg) of cod per trip, regardless of possession limit. If a vessel fishing in flounder has been achieved pursuant to trip length. A common pool vessel the CA II Yellowtail Flounder/Haddock paragraph (b)(3)(vii)(A) of this section, fishing on a NE multispecies DAS in the SAP exceeds an applicable trip limit, eligible vessels may target haddock in Closed Area II Yellowtail Flounder/ the vessel must exit the SAP. If a the CA II Yellowtail Flounder/Haddock Haddock SAP is subject to the haddock common pool vessel operator fishing in Access Area, as specified in paragraph requirements described in § 648.86(a), the CA II Yellowtail Flounder/Haddock (b)(3)(ii) of this section, provided the unless further restricted under SAP under a Category B DAS harvests Eastern GB haddock TAC specified in paragraph (a)(3)(iv) of this section. and brings on board more legal-sized paragraph (a)(2) of this section has not (C) Other species trip limits. A regulated NE multispecies or Atlantic been caught, the Eastern U.S./Canada common pool vessel fishing on a NE halibut than the maximum landing Area is not closed pursuant to paragraph multispecies DAS in the CA II limits allowed per trip, as specified in (a)(3)(iv)(D) of this section; and, for Yellowtail Flounder/Haddock SAP paragraph (b)(3)(iv) or (viii) of this vessels on a Sector trip, the Sector to using a haddock separator trawl, a section, or in § 648.86, the vessel which the Sector vessel belongs has Ruhle trawl, or any other gear specified operator must immediately notify NMFS ACE remaining for the stocks caught in pursuant to paragraph (b)(3)(x)(B) must via VMS to initiate a DAS flip (from a the Eastern U.S./Canada Area. comply with the trip limits specified in Category B DAS to a Category A DAS). (viii) Trip limits. Vessels subject to the § 648.86, unless further restricted by the Once this notification has been received provisions of the common pool that are trip limits specified in paragraph (e) of by NMFS, the vessel’s entire trip will fishing in the Closed Area II Yellowtail this section. accrue as a Category A DAS trip. For a

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vessel that notifies NMFS of a DAS flip, (iii) GB yellowtail flounder and GB declared into the Regular B DAS the Category B DAS that have accrued winter flounder. Each of the Incidental Program at the beginning of the trip (i.e., between the time the vessel started Catch TACs for GB yellowtail flounder at the time the vessel crossed the accruing Category B DAS (i.e., either at and GB winter flounder specified in this demarcation line at the beginning of the the beginning of the trip, or at the time paragraph (b)(5) shall be subdivided as trip) and the time the vessel declared its the vessel crossed into the Eastern U.S./ follows: 50 percent to the Regular B DAS flip shall be accrued as Category A Canada Area) and the time the vessel DAS Program described in paragraph DAS, and not Regular B DAS. After declared its DAS flip shall be accrued as (b)(6) of this section and 50 percent to flipping to a Category A DAS, the vessel Category A DAS, and not Category B the Eastern U.S./Canada Haddock SAP is subject to the applicable trip limits DAS. described in paragraph (b)(8) of this specified in § 648.85(a) or § 648.86 and (xii) Minimum Category A DAS. For section. may discard fish in excess of the vessels fishing under a Category B DAS, (6) * * * applicable trip limits. the number of Category B DAS that can (iv) * * * (F) Minimum Category A DAS and B be used on a trip cannot exceed the (D) Landing limits. Unless otherwise DAS accrual. For a vessel fishing under number of available Category A DAS the specified in this paragraph (b)(6)(iv)(D), the Regular B DAS Program, the number vessel has at the start of the trip. or restricted pursuant to § 648.86, a NE of Regular B DAS that may be used on multispecies vessel fishing in the (xiii) Catch distribution. All catch of a trip cannot exceed the number of Regular B DAS Program described in GB haddock from vessels declared into Category A DAS that the vessel has at this paragraph (b)(6), and fishing under the CA II Yellowtail Flounder/Haddock the start of the trip. If a vessel is fishing a Regular B DAS, may not land more SAP shall be applied against the Eastern in an area subject to differential DAS than 100 lb (45.5 kg) per DAS, or any GB haddock TAC, as specified in counting pursuant to § 648.82(n)(1), the part of a DAS, up to a maximum of paragraph (a)(2) of this section, for number of Regular B DAS that may be 1,000 lb (454 kg) per trip, of any of the either common pool vessels or used on a trip cannot exceed the following species/stocks from the areas individual approved Sectors. number of Category A DAS that the specified in paragraph (b)(6)(v) of this vessel has at the start of the trip divided (4) [Reserved] section: Cod (both GOM and GB), by the applicable differential DAS (5) Incidental Catch TACs. Unless American plaice, white hake, witch counting factor specified in otherwise specified in this paragraph flounder, SNE/MA winter flounder, GB § 648.82(n)(1)(ii). For example, if a (b)(5), Incidental Catch TACs shall be winter flounder, GB yellowtail flounder, vessel plans a trip under the Regular B based upon the portion of the ACL for and pollock; and may not land more DAS Program in the Inshore GOM a stock specified for the common pool than 25 lb (11.3 kg) per DAS, or any part Differential DAS Area during a fishing vessels pursuant to § 648.90(a)(4), and of a DAS, up to a maximum of 250 lb year in which the area is subject to a allocated as described in this paragraph (113 kg) per trip of CC/GOM or SNE/MA differential DAS counting factor of 1.2, (b)(5), for each of the following stocks: yellowtail flounder. In addition, trawl and the vessel has 10 Category A DAS GOM cod, GB cod, GB yellowtail vessels, which are required to fish with flounder, GB winter flounder, CC/GOM a haddock separator trawl, as specified available at the start of the trip, the yellowtail flounder, American plaice, in paragraph (a)(3)(iii)(A), or a Ruhle maximum number of Regular B DAS white hake, SNE/MA yellowtail trawl, as specified in paragraph that the vessel may fish under the flounder, SNE/MA winter flounder, (b)(6)(iv)(J) of this section, and other Regular B Program is 8 (10 divided by witch flounder, and pollock. Because gear that may be required in order to 1.2 = 8.33, but since Regular B DAS are GB yellowtail flounder and GB cod are reduce catches of stocks of concern as charged in 24-hr intervals, 8 Regular B transboundary stocks, the incidental described in paragraph (b)(6)(iv)(J) of DAS is the maximum that can be used catch TACs for these stocks shall be this section, are restricted to the trip for this trip). A vessel fishing in the based upon the portion of the ACL limits specified in paragraph (e) of this Regular B DAS Program for its entire available to U.S. vessels. NMFS shall section. trip shall accrue DAS in accordance send letters to limited access NE (E) No-discard provision and DAS with § 648.82(e)(1). multispecies permit holders notifying flips. A vessel fishing in the Regular B * * * * * them of such TACs. DAS Program under a Regular B DAS (H) Closure of Regular B DAS Program (i) Stocks other than GB cod, GB may not discard legal-sized regulated and quarterly DAS limits. Unless yellowtail flounder, GB winter flounder, species, ocean pout, or monkfish. This otherwise closed as a result of the and pollock. With the exception of GB prohibition on discarding does not harvest of an Incidental Catch TAC as cod, GB yellowtail flounder, GB winter apply in areas or times where the described in paragraph (b)(6)(iv)(G) of flounder, and pollock, 100 percent of possession or landing of regulated this section, or as a result of an action the Incidental Catch TACs specified in species or ocean pout is prohibited, as by the Regional Administrator under this paragraph (b)(5) shall be allocated specified in §§ 648.85 and 648.86. If paragraph (b)(6)(vi) of this section, the to the Regular B DAS Program described such a vessel harvests and brings on use of Regular B DAS shall, in a manner in paragraph (b)(6) of this section. board legal-sized regulated species or consistent with the Administrative (ii) GB cod and pollock. Each of the ocean pout in excess of the allowable Procedure Act, be prohibited when 500 Incidental Catch TACs for GB cod and landing limits specified in paragraph Regular B DAS have been used during pollock specified in this paragraph (b)(6)(iv)(D) of this section or § 648.86, the first quarter of the fishing year (b)(5) shall be subdivided as follows: 50 the vessel operator must notify NMFS (May–July), or when 1,000 Regular B percent to the Regular B DAS Program immediately via VMS to initiate a DAS DAS have been used during any of the described in paragraph (b)(6) of this flip from a B DAS to an A DAS. Once remaining quarters of the fishing year, section; 16 percent to the CA I Hook this notification has been received by in accordance with § 648.82(e)(1). Gear Haddock SAP described in NMFS, the vessel shall automatically be (I) Reporting requirements. The owner paragraph (b)(7) of this section; and 34 switched by NMFS to fishing under a or operator of a NE multispecies DAS percent to the Eastern U.S./Canada Category A DAS for its entire fishing vessel must submit catch reports via Haddock SAP described in paragraph trip. Thus, any Category B DAS that VMS in accordance with instructions (b)(8) of this section. accrued between the time the vessel provided by the Regional Administrator,

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for each day fished when declared into GOM COD STOCK AREA CC/GOM YELLOWTAIL FLOUNDER the Regular B DAS Program. The reports STOCK AREA—Continued must be submitted in 24-hr intervals for Point N. Latitude W. Lon- each day, beginning at 0000 hr and gitude Point N. Latitude W. Lon- ending at 2359 hr. The reports must be gitude 1 ° ′ submitted by 0900 hr of the following GOM1 ...... ( ) 70 00 GOM2 ...... 42°20′ 70°00′ ° ′ 3 day. For vessels that have declared into CCGOM11 ...... 42 00 ( ) GOM3 ...... 42°20′ 67°40′ CCGOM12 ...... 42°00′ (4) the Regular B DAS Program in GOM4 ...... 43°50′ 67°40′ CCGOM13 ...... (5) 70°00′ accordance with paragraph (b)(6)(iv)(C) GOM5 ...... 43°50′ 66°50′ of this section, the reports must include GOM6 ...... 44°20′ 66°50′ 1 Intersection with the NH coastline. 2 at least the following information: VTR GOM7 ...... 44°20′ 67°00′ Intersection of the south-facing shoreline of 2 ° ′ Cape Cod, MA. serial number or other universal ID GOM8 ...... ( ) 67 00 3 Intersection with the east-facing shoreline specified by the Regional Administrator; 1 of Cape Cod, MA. Intersection of the north-facing coastline of 4 date fish were caught; and the total Cape Cod, MA, and 70°00′ W. long. Intersection with the west-facing shoreline 2 of Cape Cod, MA. pounds of cod, haddock, yellowtail Intersection of the south-facing ME coast- 5 line and 67°00′ W. long. Intersection with the east-facing shoreline flounder, winter flounder, witch of Massachusetts. flounder, pollock, American plaice, (B) GB cod stock area. The GB cod redfish, Atlantic halibut, ocean pout, (D) American plaice stock area. The stock area, for the purposes of the American plaice stock area, for the Atlantic wolffish, and white hake kept Regular B DAS Program, identifying in each broad stock area (in pounds, live purposes of the Regular B DAS Program, stock areas for trip limits specified in identifying stock areas for trip limits weight), specified in § 648.10(k)(3), as § 648.86, and determining areas instructed by the Regional specified in § 648.86, and determining applicable to Sector allocations of ACE areas applicable to Sector allocations of Administrator. Daily reporting must pursuant to § 648.87(b), is the area continue even if the vessel operator is ACE pursuant to § 648.87(b), is the area defined by straight lines connecting the defined by straight lines connecting the required to flip, as described in following points in the order stated: paragraph (b)(6)(iv)(E) of this section. following points in the order stated: (J) * * * GB COD STOCK AREA (1) Vessels fishing with trawl gear in AMERICAN PLAICE STOCK AREA the Regular B DAS Program must use W. Lon- the haddock separator trawl or Ruhle Point N. Latitude W. Lon- gitude Point N. Latitude gitude trawl, as described in paragraphs 1 ° ′ (a)(3)(iii)(A) and (b)(6)(iv)(J)(3) of this GB1 ...... ( ) 70 00 AMP1 ...... (1) 67°00′ section, respectively, or other type of GB2 ...... 42°20′ 70°00′ ° ′ ° ′ ° ′ ° ′ AMP2 ...... 44 20 67 00 GB3 ...... 42 20 66 00 AMP3 ...... 44°20′ 66°50′ gear if approved as described in this ° ′ ° ′ GB4 ...... 42 10 66 00 AMP4 ...... 43°50′ 66°50′ paragraph (b)(6)(iv)(J). Other gear may ° ′ ° ′ GB5 ...... 42 10 65 50 AMP5 ...... 43°50′ 67°40′ be on board the vessel, provided it is ° ′ ° ′ GB6 ...... 42 00 65 50 AMP6 ...... 42°30′ 67°40′ stowed when the vessel is fishing under GB7 ...... 42°00′ 65°40′ ° ′ ° ′ the Regular B DAS Program pursuant to AMP7 ...... 42 30 66 00 GB8 ...... 40°30′ 65°40′ AMP8 ...... 42°10′ 66°00′ § 648.23(b). GB9 ...... 39°00′ 65°40′ AMP9 ...... 42°10′ 65°50′ * * * * * GB10 ...... 39°00′ 70°00′ AMP10 ...... 42°00′ 65°50′ (4) Mesh size. An eligible vessel GB11 ...... 35°00′ 70°00′ AMP11 ...... 42°00′ 65°40′ fishing in the Regular B DAS Program GB12 ...... 35°00′ (2) AMP12 ...... 40°30′ 65°40′ AMP13 ...... 39°00′ 65°40′ pursuant to paragraph (b)(6) of this 1 Intersection of the north-facing coastline of section must use trawl gear described in ° ′ AMP14 ...... 39°00′ 70°00′ Cape Cod, MA, and 70 00 W. long. ° ′ ° ′ this paragraph (b)(6)(iv)(J) with a 2 Intersection of the east-facing coastline of AMP15 ...... 35 00 70 00 ° ′ AMP16 ...... 35°00′ (2) minimum codend mesh size of 6-inch Outer Banks, NC, and 35 00 N. lat. (15.24-cm) square or diamond mesh. (C) CC/GOM yellowtail flounder stock 1 Intersection of south-facing ME coastline (v) Definition of stock areas. The area. For the purposes of the Regular B and 67°00′ W. long. species stock areas associated with the 2 Intersection of east-facing coastline of DAS Program, the CC/GOM yellowtail Outer Banks, NC, and 35°00′ N. lat. incidental catch TACs for the Regular B flounder stock area is the area defined DAS Program are defined in paragraphs by straight lines connecting the (E) SNE/MA yellowtail flounder stock (b)(6)(v)(A) through (K) of this section. following points in the order stated: area. For the purposes of the Regular B Where specified, these areas also DAS Program, the SNE/MA stock area is identify stock areas applicable for trip CC/GOM YELLOWTAIL FLOUNDER the area bounded on the north, east, and limits specified in § 648.86 and for STOCK AREA south by straight lines connecting the determining areas applicable to Sector following points in the order stated: allocations of ACE pursuant to W. Lon- § 648.87(b). Copies of a chart depicting Point N. Latitude gitude SNE/MA YELLOWTAIL FLOUNDER these areas are available from the STOCK AREA Regional Administrator upon request. CCGOM1 ...... 43°00′ (1) (A) GOM cod stock area. The GOM CCGOM2 ...... 43°00′ 70°00′ W. Lon- ° ′ ° ′ Point N. Latitude cod stock area, for the purposes of the CCGOM3 ...... 42 30 70 00 gitude CCGOM4 ...... 42°30′ 69°30′ Regular B DAS Program, identifying CCGOM5 ...... 41°30′ 69°30′ SNEMA1 ...... 40°00′ 74°00′ stock areas for trip limits specified in CCGOM6 ...... 41°30′ 69°00′ SNEMA2 ...... 40°00′ 72°00′ § 648.86, and determining areas CCGOM7 ...... 41°00′ 69°00′ SNEMA3 ...... 40°30′ 72°00′ applicable to Sector allocations of ACE CCGOM8 ...... 41°00′ 69°30′ SNEMA4 ...... 40°30′ 69°30′ pursuant to § 648.87(b), is the area CCGOM5 ...... 41°30′ 69°30′ SNEMA5 ...... 41°30′ 69°30′ defined by straight lines connecting the CCGOM9 ...... 41°30′ 70°00′ SNEMA6 ...... 41°30′ 70°00′ following points in the order stated: CCGOM10 ...... (2) 70°00′ SNEMA7 ...... 41°00′ 70°00′

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SNE/MA YELLOWTAIL FLOUNDER WITCH FLOUNDER STOCK AREA— to its intersection with 39°00′ N. lat., STOCK AREA—Continued Continued bounded on the south by 39°00′ N. lat., and bounded on the west by a line W. Lon- running northward along 71°40′ W. Point N. Latitude Point N. Latitude W. Lon- gitude gitude long. from its intersection with 39°00′ ° ′ ° ′ ° ′ ° ′ N. lat. until it intersects with the south- SNEMA8 ...... 41 00 70 30 WF10 ...... 42 00 65 50 facing shoreline of RI. SNEMA9 ...... 41°00′ 70°30′ WF11 ...... 42°00′ 65°40′ SNEMA10 ...... 41°30′ 70°30′ WF12 ...... 40°30′ 65°40′ * * * * * SNEMA11 ...... (1) 72°00′ WF13 ...... 40°30′ 66°40′ (7) CA I Hook Gear Haddock SAP— SNEMA12 ...... (2) 72°00′ WF14 ...... 39°50′ 66°40′ (i) Eligibility. A vessel issued a valid SNEMA13 ...... (3) 73°00′ WF15 ...... 39°50′ 70°00′ limited access NE multispecies permit SNEMA14 ...... 40°30′ 73°00′ WF16 ...... (2) 70°00′ ° ′ ° ′ operating under a NE multispecies DAS SNEMA15 ...... 40 30 74 00 WF17 ...... (3) 70°00′ or on a Sector trip, provided the Sector SNEMA16 ...... 40°00′ 74°00′ 4 ° ′ WF18 ...... ( ) 70 00 to which the vessel belongs has been 1 South-facing shoreline of CT. 1 Intersection of south-facing ME coastline allocated ACE for all stocks caught 2 North-facing shoreline of Long Island, NY. and 67°00′ W. long. within the CA I Hook Gear Haddock 3 South-facing shoreline of Long Island, NY. 2 Intersection of south-facing coastline of ° ′ Access Area pursuant to (F) SNE/MA winter flounder stock Nantucket, MA, and 70 00 W. long. 3 Intersection of north-facing coastline of § 648.87(b)(1)(i), is eligible to participate area. The SNE winter flounder stock Nantucket, MA, and 70°00′ W. long. in the CA I Hook Gear Haddock SAP area, for the purposes of the Regular B 4 Intersection of south-facing coastline of and may fish in the CA I Hook Gear DAS Program, identifying stock areas for Cape Cod, MA, and 70°00′ W. long. Haddock Access Area, as described in trip limits specified in § 648.86, and (H) GB yellowtail flounder stock area. paragraph (b)(7)(ii) of this section, for determining areas applicable to Sector The GB yellowtail flounder stock area, the season specified in paragraph allocations of ACE pursuant to for the purposes of the Regular B DAS (b)(7)(iii) of this section, provided any § 648.87(b), is the area defined by Program, identifying stock areas for trip such vessel complies with the straight lines connecting the following limits specified in § 648.86, and requirements of this section, the SAP is points in the order stated: determining areas applicable to Sector not closed according to the provisions allocations of ACE pursuant to specified in paragraph (b)(7)(iv)(H) or SOUTHERN NEW ENGLAND/MID-ATLAN- § 648.87(b), is the area defined as the (b)(7)(vi)(F) of this section, or the Sector TIC WINTER FLOUNDER STOCK AREA U.S./Canada Management Areas, as in which the vessel is participating no specified in paragraphs (a)(1)(i) and (ii) longer has ACE available for all stocks W. Lon- caught within the CA I Hook Gear Point N. Latitude gitude of this section. (I) GB winter flounder stock area. The Haddock Access Area pursuant to SNEW1 ...... (1) 70°00′ GB winter flounder stock area, for the § 648.87(b)(1)(i). Copies of a chart SNEW2 ...... 42°20′ 70°00′ purposes of the Regular B DAS Program, depicting this area are available from SNEW3 ...... 42°20′ 68°50′ identifying stock areas for trip limits the Regional Administrator upon SNEW4 ...... 39°50′ 68°50′ specified in § 648.86, and determining request. SNEW5 ...... 39°50′ 71°40′ areas applicable to Sector allocations of (ii) CA I Hook Gear Haddock SAP SNEW6 ...... 39°00′ 71°40′ ° ′ ° ′ ACE pursuant to § 648.87(b), is the area Area. The CA I Hook Gear Haddock SAP SNEW7 ...... 39 00 70 00 Area is the area defined by straight lines SNEW8 ...... 35°00′ 70°00′ defined as the U.S./Canada Management SNEW9 ...... 35°00′ (2) Areas, as specified in paragraphs connecting the following points in the (a)(1)(i) and (ii) of this section. order stated: 1 Intersection of the north-facing Coastline of ° ′ (J) White hake stock area. The white Cape Cod, MA, and 70 00 W. long. OOK EAR ADDOCK 2 The intersection of the east-facing coast- hake stock area, for the purposes of the CA I H G H SAP line of Outer Banks, NC, and 35°00′ N. lat. Regular B DAS Program, identifying AREA stock areas for trip limits specified in (G) Witch flounder stock area. The § 648.86, and determining areas W. Lon- witch flounder stock area, for the Point N. Latitude applicable to Sector allocations of ACE gitude purposes of the Regular B DAS Program, pursuant to § 648.87(b), is the area identifying stock areas for trip limits Hook 1 ...... 41°09′ 68°30′ bounded on the north and west by the specified in § 648.86, and determining CI4 ...... 41°30′ 68°30′ coastline of the United States, bounded areas applicable to Sector allocations of CI1 ...... 41°30′ 69°23′ on the south and east by a line running ° ′ ° ′ ACE pursuant to § 648.87(b), is the area Hook 2 ...... 41 04 69 01.1 east from the intersection of the east- defined by straight lines connecting the facing coastline of Outer Banks, NC, at following points in the order stated: (iii) Season. The season for the CA I 35°00′ N. lat. to the boundary of the Hook Gear Haddock SAP is May 1 WITCH FLOUNDER STOCK AREA EEZ, and running northward to the U.S.- through January 31. Canada border. (iv) General program restrictions. W. Lon- (K) Pollock stock area. The pollock General program restrictions specified Point N. Latitude gitude stock area, for the purposes of the in this paragraph (b)(7)(iv) apply to all Regular B DAS Program, identifying eligible vessels, as specified in WF1 ...... (1) 67°00′ stock areas for trip limits specified in paragraph (b)(7)(i) of this section. WF2 ...... 44°20′ 67°00′ ° ′ ° ′ § 648.86, and determining areas Further program restrictions specific to WF3 ...... 44 20 66 50 applicable to Sector allocations of ACE WF4 ...... 43°50′ 66°50′ Sector and common pool vessels are WF5 ...... 43°50′ 67°40′ pursuant to § 648.87(b), is the area specified in paragraphs (b)(7)(v) and (vi) WF6 ...... 42°20′ 67°40′ bounded on the north by the coastline of this section, respectively. WF7 ...... 42°20′ 66°00′ of the United States, bounded on the (A) DAS use restrictions. A vessel WF8 ...... 42°10′ 66°00′ east by the boundary of the EEZ running fishing in the Closed Area I Hook Gear WF9 ...... 42°10′ 65°50′ southward from the U.S.-Canada border Haddock SAP under a NE multispecies

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DAS may not initiate a DAS flip. A the stock is considered to be 35 percent Sector Manager, for each day fished in vessel is prohibited from fishing in the of the total stock size, unless modified the CA I Hook Gear Haddock SAP Area. Closed Area I Hook Gear Haddock SAP by a stock assessment. The Regional The Sector Manager shall provide daily while making a trip under the Regular Administrator shall specify the haddock reports to NMFS, including at least the B DAS Program described in paragraph TAC for the SAP, in a manner consistent following information: Total pounds of (b)(6) of this section. DAS will be with the Administrative Procedure Act. haddock, cod, yellowtail flounder, charged as described in § 648.10. (G) Trip restrictions. A vessel is winter flounder, witch flounder, (B) VMS requirement. An eligible NE prohibited from deploying fishing gear pollock, ocean pout, Atlantic halibut, multispecies vessel fishing in the CA I outside of the CA I Hook Gear Haddock Atlantic wolffish, and white hake kept; Hook Gear Haddock SAP specified in SAP Area on the same fishing trip on total pounds of haddock, cod, yellowtail this paragraph (b)(7) must have installed which it is declared into the CA I Hook flounder, winter flounder, witch on board an operational VMS unit that Gear Haddock SAP. A vessel operating flounder, pollock, ocean pout, Atlantic meets the minimum performance under a NE multispecies DAS must end halibut, Atlantic wolffish, and white criteria specified in §§ 648.9 and 648.10. the trip if the vessel exceeds the hake discarded; date fish were caught; (C) Observer notifications. For the applicable landing limits described in and VTR serial numbers for each trip purpose of selecting vessels for observer paragraphs (b)(7)(v)(B) and (b)(7)(vi)(C) declared into the CA I Hook Gear deployment, a vessel must provide of this section. Haddock SAP, as instructed by the notice to NMFS of the vessel name; (H) Landing limits. For all vessels Regional Administrator. Daily reporting contact name for coordination of legally declared into the CA I Hook Gear must continue even if the vessel observer deployment; telephone number Haddock SAP described in paragraph operator is required to exit the SAP as for contact; and date, time, and port of (b)(7)(i) of this section, landing limits required under paragraph (b)(7)(iv)(G) or departure at least 48 hr prior to the for NE multispecies are specified in (H) of this section. beginning of any trip that it declares paragraphs (b)(7)(v)(B) and (b)(7)(vi)(C) (D) Incidental catch TACs. There are into the CA I Hook Gear Haddock SAP, of this section, respectively. Unless no incidental catch TACs specified for as required in paragraph (b)(7)(iv)(C) of otherwise specified in this part, such regulated species or ocean pout for this section, and in accordance with vessels are prohibited from discarding Sector vessels declared into the CA I instructions provided by the Regional legal-sized regulated species and ocean Hook Gear Haddock SAP. All regulated Administrator. pout, and must exit the SAP and cease species or ocean pout caught by Sector (D) VMS declaration. To fish in the fishing if any trip limit is achieved or vessels fishing in the SAP count toward CA I Hook Gear Haddock SAP Prior to exceeded. the Sector’s annual ACE for each stock, departure from port, a vessel must (I) Mandatory closure of CA I Hook as specified in § 648.87(b)(1)(i). declare into the SAP via VMS, and, for Gear Haddock Access Area. When the (vi) Common pool vessel program a vessel fishing under a NE multispecies Regional Administrator determines that restrictions. In addition to the general DAS, indicate the type of DAS that it the haddock TAC specified in paragraph program restrictions specified in intends to fish, prior to departure from (b)(7)(iv)(F) of this section has been paragraph (b)(7)(iv) of this section, a port, as instructed by the Regional caught, NMFS shall close, in a manner common pool vessel declared into the Administrator. A vessel declared into consistent with the Administrative CA I Hook Gear Haddock SAP is also the CA I Hook Gear Haddock SAP may Procedure Act, the CA I Hook Gear required to comply with the restrictions fish only in the CA I Hook Gear Haddock SAP Area as specified in specified in this paragraph (b)(7)(vi). Haddock Special Access Area described paragraph (b)(7)(ii) of this section, to all (A) DAS use restrictions. A common in paragraph (b)(7)(ii) of this section on eligible vessels, including both common pool vessel may only use Regular B or a declared trip. pool and Sector vessels. Reserve B DAS, in accordance with (E) Gear restrictions. A vessel (v) Sector vessel program restrictions. § 648.82(d)(2)(i)(A) and (d)(2)(ii)(A). A declared into and fishing in the CA I In addition to the general program common pool vessel is prohibited from Hook Gear Haddock SAP may fish with restrictions specified in paragraph using Category A DAS and may not and possess on board demersal longline (b)(7)(iv) of this section, a Sector vessel initiate a DAS flip when declared into gear or tub trawl gear only, unless declared into the CA I Hook Gear the SAP. A common pool vessel is further restricted as specified in Haddock SAP is also required to comply prohibited from fishing in the CA I paragraph (b)(7)(v)(A) of this section. with the restrictions specified in this Hook Gear Haddock SAP while making Such vessels are prohibited from using paragraph (b)(7)(v). a trip under the Regular B DAS Program as bait, or possessing on board, squid or (A) Gear restrictions. A Sector vessel described under paragraph (b)(6) of this mackerel during a trip into the CA I is subject to the gear requirements of the section. DAS will be charged as Hook Gear Haddock SAP. Sector Operations Plan as approved described in § 648.10. (F) Haddock TAC. The maximum under § 648.87(c) and those specified (B) Gear restrictions. A common pool total amount of haddock that may be under paragraph (b)(7)(iv)(E) of this vessel is exempt from the maximum caught (landings and discards) in the section. number of hooks restriction specified in CA I Hook Gear Haddock SAP Area in (B) Landing limits. A Sector vessel § 648.80(a)(4)(v), but must comply with any fishing year is based upon the size declared into the CA I Hook Gear the gear restrictions in paragraph of the TAC allocated for the 2004 fishing Haddock SAP described in paragraph (b)(7)(iv)(E) of this section. year (1,130 mt live weight), adjusted (b)(7)(i) of this section is subject to the (C) Landing limits. A common pool according to the growth or decline of the landing limits for regulated species in vessel may not land, fish for, or possess western GB (WGB) haddock exploitable effect under the Sector’s Operations on board more than 1,000 lb (453.6 kg) biomass (in relationship to its size in Plan, as approved under § 648.87(c). of cod per trip. A common pool vessel 2004), according to the following (C) Reporting requirements. The is not permitted to discard legal-sized formula: Biomass YEAR X= (1,130 mt owner or operator of a Sector vessel cod prior to reaching the landing limit, live weight) × (Projected WGB Haddock declared into the CA I Hook Gear and is required to end its trip if the cod Exploitable Biomass YEAR X/WGB Haddock SAP must submit reports to trip limit is achieved or exceeded. Haddock Exploitable Biomass 2004). the Sector Manager, consistent with (D) Reporting requirements. The The size of the western component of instructions to be provided by the owner or operator of a common pool

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vessel must submit reports via VMS, in paragraph (b)(8)(v)(K) or (L) of this manner consistent with the accordance with instructions to be section, the Eastern U.S./Canada Area is Administrative Procedure Act. provided by the Regional Administrator, not closed as described under paragraph (B) VMS requirement. A vessel issued for each day fished in the Closed Area (a)(3)(iv)(E) of this section, or the Sector a limited access NE multispecies permit I Hook Gear Haddock SAP Area. The to which the vessel belongs no longer fishing in the Eastern U.S./Canada reports must be submitted in 24-hr has ACE available for all stocks caught Haddock SAP Program specified in intervals for each day fished, beginning within the Eastern U.S./Canada Area paragraph (b)(8)(i) of this section must at 0000 hr local time and ending at 2359 pursuant to § 648.87(b)(1)(i). have installed on board an operational hr local time. The reports must be * * * * * VMS unit that meets the minimum submitted by 0900 hr local time of the (v) * * * performance criteria specified in day following fishing. The reports must (A) Area and DAS use restrictions. A §§ 648.9 and 648.10. include at least the following common pool vessel fishing under a NE * * * * * information: VTR serial number or other multispecies DAS in the Eastern U.S./ (D) VMS declaration. To fish in the universal ID specified by the Regional Canada Haddock SAP may elect to fish Eastern U.S./Canada Haddock SAP, a Administrator; date fish were caught; under a Category A or Category B DAS vessel issued a limited access NE and the total pounds of cod, haddock, in accordance with § 648.82(d)(2), or in multispecies permit must declare into yellowtail flounder, winter flounder, multiple areas in accordance with the the SAP via VMS and provide witch flounder, pollock, American restrictions of this paragraph information on the areas within the plaice, redfish, ocean pout, Atlantic (b)(8)(v)(A). A vessel on a Sector trip in Eastern U.S./Canada Area that it intends halibut, Atlantic wolffish, and white the Eastern U.S./Canada Haddock SAP to fish and the type of DAS (Category A, hake kept in each broad stock area (in may elect to fish in multiple areas in Regular B, or Reserve B) that it intends pounds, live weight), specified in accordance with the restrictions of this to fish, if operating under the provisions § 648.10(k)(3), as instructed by the paragraph (b)(8)(v)(A). of the common pool, prior to departure Regional Administrator. Daily reporting from port, in accordance with paragraph must continue even if the vessel * * * * * (2) A vessel that is declared into the (b)(8)(v)(A) of this section and any operator is required to exit the SAP as Eastern U.S./Canada Haddock SAP instructions provided by the Regional required under paragraph (b)(7)(iv)(G) of described in paragraph (b)(8)(i) of this Administrator. this section. section may fish, on the same trip, in (E) * * * (E) Incidental catch TACs. The (1) A vessel issued a limited access maximum amount of GB cod and the Eastern U.S./Canada Haddock SAP Area and in the Closed Area II NE multispecies permit fishing in the pollock (landings and discards) that Eastern U.S./Canada Haddock SAP must may be cumulatively caught by a Yellowtail Flounder/Haddock SAP Area, as described in paragraph (b)(3)(ii) use the haddock separator trawl or the common pool vessel from the CA I Hook Ruhle Trawl, as described in paragraphs Gear Haddock SAP Area in a fishing of this section, and, for common pool (a)(3)(iii)(A) and (b)(6)(iv)(J)(3) of this year is the amount specified in vessels fishing a NE multispecies DAS, section, respectively, or another type of paragraph (b)(5)(ii) of this section. while under either a Category A DAS or (F) Mandatory closure of CA I Hook a Category B DAS. gear, if approved as described in this Gear Haddock Access Area due to catch (3) A vessel may choose, on the same paragraph (b)(8)(v)(E). Other gear may of any incidental catch TAC. When the trip, to fish in either/both the Eastern be on board the vessel when on a trip Regional Administrator determines that U.S./Canada Haddock SAP Program and in the Eastern U.S./Canada Haddock either the GB cod or pollock incidental the Closed Area II Yellowtail Flounder/ SAP, provided that the gear is stowed in catch TAC specified in paragraph Haddock SAP Area, and in the portion accordance with § 648.23(b). (b)(7)(vi)(E) of this section has been of the Eastern U.S./Canada Area * * * * * caught, the CA I Hook Gear Haddock described in paragraph (a)(1)(ii) of this (3) Mesh size. A vessel eligible to fish SAP Area shall be closed to all common section that lies outside of these two in the Eastern U.S./Canada Haddock pool vessels in a manner consistent with SAPs, provided a common pool vessel SAP pursuant to paragraph (b)(8) of this the Administrative Procedure Act. fishes under a Category A DAS and all section must use trawl gear described in (8) * * * eligible vessels comply with the VMS this paragraph (b)(8)(v)(E) with a (i) Eligibility. A vessel issued a valid restrictions of paragraph (b)(8)(v)(D) of minimum codend mesh size of 6-inch limited access NE multispecies permit this section. Such a vessel may also (15.24-cm) square or diamond mesh. and fishing with trawl gear as specified elect to fish outside of the Eastern U.S./ (F) Landing limits. Unless otherwise in paragraph (b)(8)(v)(E) of this section Canada Area on the same trip, in restricted under this part, a vessel while operating under a NE accordance with the restrictions of fishing any portion of a trip in the multispecies DAS or on a Sector trip, paragraph (a)(3)(ii)(A) of this section. Eastern U.S./Canada Haddock SAP provided the Sector to which the vessel (4) A common pool vessel fishing under a NE multispecies DAS may not belongs has been allocated ACE for all under a NE multispecies DAS that elects fish for, possess, or land more than stocks caught within the Eastern U.S./ to fish in multiple areas, as described in 1,000 lb (453.6 kg) of cod, per trip, Canada Area pursuant to this paragraph (b)(8)(v)(A), must fish regardless of trip length. A common § 648.87(b)(1)(i), is eligible to participate under the most restrictive DAS counting pool vessel fishing in the Eastern U.S./ in the Eastern U.S./Canada Haddock requirements specified in § 648.10(e)(5), Canada Haddock SAP under a NE SAP and may fish in the Eastern U.S./ trip limits, and reporting requirements multispecies DAS is subject to the Canada Haddock SAP Area, as of the areas fished for the entire trip. A haddock requirements described in described in paragraph (b)(8)(ii) of this vessel on a Sector trip that elects to fish § 648.86(a), unless further restricted section, during the season specified in in multiple areas, as described in this under paragraph (a)(3)(iv) of this paragraph (b)(8)(iv) of this section, paragraph (b)(8)(v)(A), must comply section. A common pool vessel fishing provided such vessel complies with the with the most restrictive reporting in the Eastern U.S./Canada Haddock requirements of this section and requirements of the areas fished for the SAP may not land more than 100 lb provided the SAP is not closed entire trip, unless otherwise specified (45.5 kg) per DAS, or any part of a DAS, according to the provisions specified in by the Regional Administrator in a of GB yellowtail flounder and 100 lb

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(45.5 kg) of GB winter flounder, up to GOM Haddock Sink Gillnet Pilot notification of a vessel operator’s intent a maximum of 500 lb (227 kg) of all Program pursuant to paragraph to participate in this pilot program flatfish species, combined. Possession of (b)(9)(v)(B) of this section is eligible to pursuant to this paragraph (b)(9)(v)(B), monkfish (whole weight) and skates participate in the GOM Haddock Sink the Regional Administrator shall issue a (whole weight) is limited to 500 lb (227 Gillnet Pilot Program, provided any letter of authorization to participate in kg) each, unless otherwise restricted by such vessel complies with the this pilot program to the eligible vessel. § 648.94(b)(3), and possession of requirements of this paragraph (b)(9), (2) Notice of fishing. For the purposes lobsters is prohibited. the pilot program is not closed of selecting vessels for observer * * * * * according to the provisions specified in deployment, a vessel must provide (H) Incidental TACs. The maximum paragraph (b)(9)(viii) of this section, notice to NMFS of the vessel name; amount of GB cod, GB yellowtail and, for vessels on a Sector trip, the contact name for coordination of flounder, GB winter flounder, and Sector to which the vessel belongs has observer deployment; telephone number pollock, both landings and discards, been allocated ACE for all stocks caught for contact; and date, time, and port of that may be caught when fishing in the within the GOM Regulated Mesh Area departure at least 48 hr prior to the Eastern U.S./Canada Haddock SAP pursuant to § 648.87(b)(1)(i). beginning of any trip that it fishes under Program in a fishing year by vessels (ii) GOM Haddock Sink Gillnet Pilot the provisions of the GOM Haddock fishing under a Category B DAS, as Program Area. The GOM Haddock Sink Sink Gillnet Pilot Program, as specified authorized in paragraph (b)(8)(v)(A), is Gillnet Pilot Program Area is the area in paragraph (b)(9) of this section, in the amount specified in paragraphs encompassed by the GOM Regulated accordance with instructions provided (b)(5)(ii) and (iii) of this section. All Mesh Area, as defined in § 648.80(a)(1). by the Regional Administrator. regulated species and ocean pout caught Copies of a map depicting this area are (C) Letter of authorization by a vessel on a Sector trip will be available from the Regional requirement. A vessel eligible to applied against the ACE for each stock Administrator upon request. participate in the GOM Haddock Sink (iii) Gear Restrictions –(A) Mesh size. that is specified for the Sector in which Gillnet Pilot Program must retain on An eligible vessel participating in the the vessel participates. board the letter of authorization issued GOM Haddock Sink Gillnet Pilot (I) No discard provision and DAS by the Regional Administrator pursuant Program may fish with and possess on flips. A vessel fishing in the Eastern to paragraph (b)(9)(v)(B) of this section board sink gillnets comprised of 6-inch U.S./Canada Haddock SAP Program for the duration of the period specified (15.2-cm) mesh. in paragraph (b)(9)(v)(B) of this section. may not discard legal-sized regulated or (B) Net restriction. A Day gillnet (vi) Reporting requirements. There are ocean pout unless otherwise required vessel participating in the GOM no additional reporting requirements for due to a prohibition of the possession of Haddock Sink Gillnet Pilot Program vessels participating in this pilot such species specified in this part. If a may not fish with, possess, haul, or program. common pool vessel fishing in the deploy more than 30 sink gillnets. A (vii) Duration of GOM Haddock Sink Eastern U.S./Canada Haddock SAP Trip gillnet vessel is not subject to the under a Category B DAS exceeds the limit on the number of nets that can be Gillnet Pilot Program. This program is in applicable maximum landing limit per used under the GOM Haddock Sink effect from May 1, 2010, through April trip specified in paragraph (b)(8)(v)(F) of Gillnet Pilot Program. Tie-down gillnets 30, 2013. this section, or in § 648.86, the vessel may not be used by any vessel (viii) Closure of the GOM Haddock operator must retain the fish and participating in the GOM Haddock Sink Sink Gillnet Pilot Program. The Regional immediately notify NMFS via VMS to Gillnet Pilot Program. Administrator may suspend initiate a DAS flip (from a Category B (iv) Season. An eligible vessel participation in the GOM Sink Gillnet DAS to a Category A DAS). After participating in the GOM Haddock Sink Pilot Program to any or all eligible flipping to a Category A DAS, the vessel Gillnet Pilot Program may fish in the vessels if the Pilot Program is is subject to all applicable landing limits GOM Haddock Sink Gillnet Pilot determined to be inconsistent with the specified in § 648.85(a) or § 648.86. If a Program from January 1 through April goals and objectives of the NE common pool vessel fishing in this SAP 30. Multispecies FMP. while under a Category B DAS or a (v) Program Restrictions –(A) DAS * * * * * Category A DAS exceeds a trip limit Use. An eligible vessel participating in (d) Incidental catch allowance for specified in paragraph (b)(8)(v)(F) of this the GOM Haddock Sink Gillnet Pilot some limited access herring vessels. The section or § 648.86, or other applicable Program must use Category A DAS for incidental catch allowance for all trip limit, the vessel must immediately any fishing trip during the time the vessels that have an All Areas Limited exit the SAP area defined in paragraph vessel is participating in this program Access Herring Permit and/or an Areas (b)(8)(ii) of this section for the pursuant to paragraph (b)(9)(v)(B)(1), 2 and 3 Limited Access Herring Permit remainder of the trip. For a common including trips where gear is deployed, is 0.2 percent of the combined ACLs for pool vessel that notifies NMFS of a DAS but no catch is landed. GOM haddock and GB haddock (U.S. flip, the Category B DAS that have (B) Observer notification –(1) Notice landings only) specified according to accrued between the time the vessel of participation. To be eligible to § 648.90(a)(4) for a particular NE started accruing Category B DAS and the participate in the GOM Haddock Sink multispecies fishing year. time the vessel declared its DAS flip Gillnet Pilot Program, a vessel must (e) Authorized gear performance will be accrued as Category A DAS notify the NMFS Observer Program by standards. Unless otherwise restricted pursuant to § 648.82(e)(1), and not October 1 of its intent to participate in in this part, in areas and times when a Category B DAS. this pilot program and the duration of special management program, as * * * * * its participation in this program, as specified in this section, requires the (9) GOM Haddock Sink Gillnet Pilot instructed by the Regional use of gear authorized by that program Program –(i) Eligibility. A vessel that has Administrator. Any vessel participating to reduce catches of stocks of concern, been issued a valid limited access NE in this program must participate for the participating vessels are restricted to the multispecies permit that has also entire season specified in paragraph following trip limits: 500 lb (227 kg) of declared its intent to participate in the (b)(9)(iv) of this section. Upon all flatfish species (American plaice,

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witch flounder, winter flounder, permits that are fishing under a north of the exemption area for a windowpane flounder, and GB multispecies DAS. Haddock on board a minimum of 7 consecutive days (when yellowtail flounder), combined; 500 lb vessel subject to this possession limit fishing under the multispecies DAS (227 kg) of monkfish (whole weight); must be separated from other species of program), and must carry the letter of 500 lb (227 kg) of skates (whole weight); fish and stored so as to be readily authorization on board. and zero possession of lobsters, unless available for inspection. (ii) A common pool vessel exempt otherwise restricted by § 648.94(b)(3). * * * * * from the GOM cod landing limit 14. In § 648.86, revise the (b) Cod —(1) GOM cod landing limit. pursuant to paragraph (b)(4)(i) of this introductory text to this section; revise Except as provided in paragraph (b)(4) section may not fish north of the line paragraphs (a)(1), (a)(2)(iii), (b), (e), (g), of this section, or unless otherwise specified in paragraph (b)(4) of this and (j); and add paragraphs (p), and (q) restricted under § 648.85, a vessel section for the duration of the trip, but to read as follows: fishing under a NE multispecies DAS may transit the GOM Regulated Mesh § 648.86 Multispecies possession permit, including a vessel issued a Area, provided that its gear is stowed in restrictions. monkfish limited access permit and accordance with the provisions of Except as provided in § 648.17 or fishing under the monkfish Category C § 648.23(b). A vessel fishing north and elsewhere in this part, the following or D permit provisions, may land up to south of the line on the same trip is possession restrictions apply: 2,000 lb (907.2 kg) of cod for each DAS, subject to the most restrictive applicable (a) * * * or part of a DAS, up to 12,000 lb (5443.2 cod trip limit. (1) NE multispecies DAS vessels—(i) kg) per trip. Cod on board a vessel * * * * * subject to this landing limit must be Implementation and adjustments to the (e) White hake. Unless otherwise separated from other species of fish and haddock trip limit to prevent exceeding restricted under this part, a common stored so as to be readily available for the common pool sub-ACL. At any time pool vessel fishing under a NE inspection. prior to or during the fishing year, if the multispecies DAS, a limited access (2) GB cod landing and maximum Regional Administrator projects that the Handgear A permit, an open access possession limits. Unless otherwise haddock sub-ACL allocated to the Handgear B permit, or a monkfish restricted under § 648.85, a vessel common pool vessels pursuant to limited access permit and fishing under fishing under a NE multispecies DAS § 648.90(a)(4) will be exceeded in that the monkfish Category C or D permit permit, including a vessel issued a fishing year, NMFS may implement or provisions is not restricted in the monkfish limited access permit and adjust, in a manner consistent with the amount of white hake the vessel may fishing under the monkfish Category C Administrative Procedure Act, a per land per trip during fishing years 2010 or D permit provisions, may land up to DAS possession limit and/or a and 2011. Starting in fishing year 2012, 2,000 lb (907.2 kg) of cod per DAS, or maximum trip limit in order to prevent unless otherwise restricted under this part of a DAS, up to 20,000 lb (9,072 kg) exceeding the haddock sub-ACL part, a common pool vessel fishing provided it complies with the allocated to the common pool in that under a NE multispecies DAS, a limited requirements specified in paragraph fishing year. access Handgear A permit, an open (b)(4) of this section and this paragraph (ii) Implementation and adjustments access Handgear B permit, or a (b)(2). Cod on board a vessel subject to to the haddock trip limit to facilitate monkfish limited access permit and this landing limit must be separated harvest of the haddock sub-ACL fishing under the monkfish Category C from other species of fish and stored so allocated to the common pool. At any or D permit provisions may land up to as to be readily available for inspection. time prior to or during the fishing year, 500 lb (226.8 kg) of white hake per DAS, (3) [Reserved] if the Regional Administrator projects or any part of a DAS, up to 2,000 lb (4) Exemption. A common pool vessel that less than 75 percent of the haddock (907.2 kg) per trip. sub-ACL allocated to the common pool fishing under a NE multispecies DAS is pursuant to § 648.90(a)(4) for that exempt from the landing limit described * * * * * fishing year will be harvested, NMFS in paragraph (b)(1) of this section when (g) Yellowtail flounder —(1) CC/GOM may remove or adjust, in a manner fishing south of the GOM Regulated and SNE/MA yellowtail flounder consistent with the Administrative Mesh Area, defined in § 648.80(a)(1), landing limit. Unless otherwise Procedure Act, a per DAS possession provided that it complies with the restricted under this part, a common limit and/or a maximum trip limit in requirement of this paragraph (b)(4). pool vessel fishing under a NE order to facilitate a haddock harvest and (i) Declaration. With the exception of multispecies DAS, a limited access enable the total catch to approach, but a vessel declared into the U.S./Canada Handgear A permit, an open access not exceed, the haddock sub-ACL Management Area, as described in Handgear B permit, or a monkfish allocated to the common pool for that § 648.85(a)(3)(ii), a common pool vessel limited access permit and fishing under fishing year. that fishes or intends to fish under a NE the monkfish Category C or D permit (2) * * * multispecies DAS south of the line provisions, and fishing exclusively (iii) Unless otherwise authorized by described in paragraph (b)(4) of this outside of the U.S./Canada Management the Regional Administrator as specified section, under the cod trip limits Area, as defined in § 648.85(a)(1), may in paragraph (f) of this section, scallop described in paragraph (b)(2) of this land or possess on board up to 250 lb dredge vessels or persons owning or section, must, prior to leaving port, (113.6 kg) of yellowtail flounder per operating a scallop dredge vessel that is declare its intention to do so through DAS, or any part of a DAS, up to a fishing under a scallop DAS allocated the VMS, in accordance with maximum possession limit of 1,500 lb under § 648.53 may land or possess on instructions to be provided by the (680.4 kg) per trip. A vessel fishing board up to 300 lb (136.1 kg) of Regional Administrator. In lieu of a outside and inside of the U.S./Canada haddock, except as specified in VMS declaration, the Regional Management Area on the same trip is § 648.88(c), provided that the vessel has Administrator may authorize such subject to the more restrictive yellowtail at least one standard tote on board. This vessels to obtain a letter of flounder trip limit (i.e., that specified by restriction does not apply to vessels also authorization. If a letter of authorization this paragraph (g) or issued limited access NE multispecies is required, such vessel may not fish § 648.85(a)(3)(iv)(C)).

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(2) GB yellowtail flounder landing § 648.85(b)(6)(v) or § 648.87(b)(1)(ii), the that Sector. Having an ownership limit. Unless otherwise restricted under most restrictive trip limit for a species interest in a permit includes, but is not this part, a common pool vessel fishing applies for the entire trip. limited to, persons or entities who are under a NE multispecies DAS, a limited 15. Revise § 648.87 to read as follows: shareholders, officers, or partners in a access Handgear A permit, an open corporation owning a permit; who are § 648.87 Sector allocation. access Handgear B permit, or a partners (general or limited) to a permit monkfish limited access permit and (a) Procedure for approving/ owner; who, in any way, partly own a fishing under the monkfish Category C implementing a Sector allocation permit; or who derive any financial or D permit provisions, and fishing in proposal. (1) Any person may submit a benefit, or exercise any control over, the U.S./Canada Management Area Sector allocation proposal for a group of another permit. As long as at least three defined in § 648.85(a)(1) is subject to the limited access NE multispecies vessels persons issued a NE multispecies permit GB yellowtail flounder limit described to the Council and request that the meet these requirements, permit owners Sector be implemented through either a in paragraph § 648.85(a)(3)(iv)(c). may have common ownership interests biennial adjustment or framework in other permits, vessels, or businesses * * * * * adjustment, as specified in (j) GB winter flounder. Unless associated with such permits. § 648.90(a)(2), as long as it is submitted (b) General requirements applicable to otherwise restricted under this part, a at least 1 year prior to the date the common pool vessel fishing under a NE all approved Sectors. (1) All Sectors Sector wants to begin operations in approved under the provisions of multispecies DAS, a limited access accordance with the conditions and Handgear A permit, an open access paragraph (a) of this section must restrictions of this section. The Sector submit the documents specified in Handgear B permit, or a monkfish allocation proposal must contain an limited access permit and fishing under paragraphs (a)(1), (b)(2), and (b)(3) of appropriate analysis that assesses the this section, and comply with the the monkfish Category C or D permit impact of the proposed Sector, in provisions and fishing in the U.S./ conditions and restrictions of this compliance with the National paragraph (b)(1). Canada Management Area defined in Environmental Policy Act. (i) TAC allocation—(A) Allocated § 648.85(a)(1) is not restricted in the (2) Upon receipt of a Sector allocation stocks. Each Sector shall be allocated a amount of GB winter flounder the vessel proposal, the Council must decide TAC in the form of an ACE for each NE may land per trip. whether to initiate a management action multispecies stock with the exception of * * * * * to implement the Sector proposal. Atlantic halibut, SNE/MA winter (p) Ocean pout, winter flounder, SNE/ Should a biennial adjustment or flounder, ocean pout, windowpane MA winter flounder, and Atlantic framework adjustment to authorize a flounder (both the GOM/GB and the wolffish. A vessel issued a limited Sector allocation proposal be initiated, SNE/MA stocks), and Atlantic wolffish access NE multispecies permit, an open the Council will follow the framework based upon the cumulative PSCs of access NE multispecies Handgear B adjustment provisions of § 648.90(a)(2). vessels participating in each Sector permit, or a limited access monkfish Any biennial adjustment or framework during a particular fishing year, as permit and fishing under the monkfish adjustment developed to implement a described in paragraph (b)(1)(i)(E) of Category C or D permit provisions may Sector allocation proposal must be in this section. In the event that a future not fish for, possess, or land ocean pout, compliance with the general allocation of SNE/MA winter flounder windowpane flounder, or Atlantic requirements specified in paragraphs (b) can be made available pursuant to the wolffish. In addition, such vessels may and (c) of this section. biennial adjustment or framework not fish for, possess, or land winter (3) Eligibility. Any valid limited process specified in § 648.90(a)(2), an flounder caught in or from the SNE/MA access NE multispecies permit, ACE for this stock will be specified winter flounder stock area, as defined in including a Handgear A permit and pursuant to paragraph (b)(1)(i)(E)(1) of § 648.85(b)(6)(v)(F). Vessels may transit those permits held in confirmation of this section. this area with GOM or GB winter permit history pursuant to (B) Eastern GB stocks. Each Sector flounder on board the vessel, provided § 648.4(a)(1)(i)(J) as of May 1, 2008, is allocated ACE for stocks managed under that gear is stowed in accordance with eligible to join a NE multispecies Sector, the terms of the U.S./Canada Resource the provisions of § 648.23(b). provided the permit complies with the Sharing Understanding in the Eastern (q) Additional possession restrictions specified in this section. U.S./Canada Area, as specified in restrictions—(1) Daily landing Any valid limited access Category A or § 648.85(a), shall be allocated a specific restriction. A vessel issued a limited B monkfish permit may be eligible to portion of the ACE for such stocks that access NE multispecies permit, an open join a NE multispecies Sector, as can only be harvested from the Eastern access NE multispecies Handgear B described in this section, pursuant to U.S./Canada Area, as specified in permit, or a limited access monkfish any measures adopted by a future § 648.85(a)(1). The ACE specified for the permit and fishing under the monkfish revision to the Monkfish FMP by both Eastern U.S./Canada Area portions of Category C or D permit provisions may the New England and Mid-Atlantic these stocks shall be proportional to the only land regulated species or ocean Fishery Management Councils. Vessels Sector’s allocation of the overall ACL pout once in any 24-hr period. For that do not join a Sector remain subject available to all vessels issued a limited example, a vessel that starts a trip at 6 to the NE multispecies regulations for access NE multispecies permit for these a.m. may call out of the DAS program common pool vessels. stocks pursuant to § 648.90(a)(4). For at 11 a.m. and land up to 2,000 lb (907.2 (4) Minimum size. To be authorized to example, if a Sector is allocated 10 kg) of GOM cod, but the vessel cannot operate as a Sector under this section, percent of the GB cod ACL available to land any more cod on a subsequent trip a Sector must be comprised of at least all vessels issued a limited access NE until at least 6 a.m. on the following three NE multispecies permits issued to multispecies permit, that Sector would day. at least three different persons, none of also be allocated and may harvest 10 (2) Possession limits for vessels whom have any common ownership percent of that ACE from the Eastern fishing in multiple areas. If a vessel interests in the permits, vessels, or U.S./Canada Area. In this example, if fishes in more than one stock area on businesses associated with the permits the overall GB cod ACL available to all the same trip, as defined in issued the other two or more persons in vessels issued a limited access NE

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multispecies permit is 1,000 mt, of pout caught under a NE multispecies available in the commercial dealer which 100 mt is specified to the Eastern DAS when participating in the skate or database for fishing years 1996 through U.S./Canada Area, the Sector would be monkfish fisheries, that are available in 2006 by the total landings of GB cod by allocated 100 mt of GB cod, of which no the commercial dealer database to permits eligible to join Sectors as of May more than 10 mt could be harvested NMFS shall be summed for fishing years 1, 2008, during that period, after from the Eastern U.S./Canada Area and 1996 through 2006. This value shall subtracting the total landings of GB cod no more than 90 mt could be harvested then be divided by the total landings of by permits that committed to participate from the rest of the GB cod stock area. each NE multispecies stock during the in either the GB Cod Hook Sector or GB (C) Carry-over. With the exception of same period by all permits eligible to Cod Fixed Gear Sector as of March 1, GB yellowtail flounder, a Sector may join Sectors as of May 1, 2008. This 2008, during that period. This carry over up to 10 percent of unused produces an individual permit’s share of individual share shall then multiplied ACE for each stock into the following the ACL for each regulated species or fishing year. Any unused ACE allocated ocean pout stock available to the NE by the available GB cod PSC calculated for Eastern GB stocks pursuant to multispecies fishery. The landings by subtracting the GB cod PSC allocated paragraph (b)(1)(i)(B) of this section will history for each permit includes all pursuant to paragraph (b)(1)(i)(E)(2)(i) of contribute to the 10-percent carry-over landings that can be attributed to that this section from one. This shall provide allowance for each stock, as specified in permit pursuant to this paragraph each vessel’s share of the available GB this paragraph (b)(1)(i)(C), but will not (b)(1)(i)(E). For limited access NE cod PSC. increase an individual Sector’s multispecies Handgear A permits, this (ii) Areas that can be fished. Vessels allocation of Eastern GB stocks during includes landings by the permitted in a Sector may only fish in a particular the following year. This carry-over ACE vessel during fishing years 1996 through stock area, as specified in paragraphs remains effective during the subsequent 2003 before the adoption of the limited (b)(1)(ii)(A) through (F) of this section, fishing year even if vessels that access Handgear A permit category in and § 648.85(b)(6)(v), or the Eastern contributed to the Sector allocation 2004. U.S./Canada Area, as specified in during the previous fishing year are no (2) Calculation of GB cod PSC. The § 648.85(a)(1), if the Sector has been longer participating in the same Sector GB cod PSC shall be calculated as for the subsequent fishing year. specified in this paragraph (b)(1)(i)(E)(2) allocated, or acquires pursuant to (D) Maximum ACE allocation. There and shall remain with the permit paragraph (b)(1)(viii) of this section, is no maximum amount of ACE that can indefinitely regardless whether the ACE for all stocks caught in that stock be allocated to a particular Sector vessel participates in either the GB Cod area. A Sector must project when its during each fishing year. Hook Gear Sector or the GB Cod Fixed ACE for each stock will be exceeded and (E) Potential sector contribution Gear Sector, as defined in § 648.87(d)(1) must ensure that all vessels in the (PSC). For the purposes of allocating a or (2), joins a new Sector, or fishes Sector cease fishing operations prior to share of the available ACL for each NE pursuant to the provisions of the exceeding it. Once a Sector has multispecies stock to approved Sectors common pool. harvested its ACE for a stock, all vessels pursuant to § 648.90(a)(4), the landings (i) GB cod PSC for permits committed in that Sector must cease fishing history of all limited access NE to participate in the GB Cod Hook Gear operations in that stock area with gear multispecies permits shall be evaluated Sector or GB Cod Fixed Gear Sector. For capable of catching NE multispecies to determine each permit’s share of the each valid NE multispecies permit that (i.e., gear not listed as exempted gear in overall landings for each NE committed to participate in either the this part) unless and until it acquires multispecies stock as specified in GB Cod Hook Gear Sector or the GB Cod additional ACE from another Sector paragraphs (b)(1)(i)(E)(1) and (2) of this Fixed Gear Sector as evidenced by a pursuant to paragraph (b)(1)(viii) of this section. When calculating an individual valid signature executed on or before section, or as otherwise specified in an permit’s share of the overall landings for March 1, 2008, on a preliminary roster approved operations plan pursuant to a particular regulated species or ocean for either of these Sectors, the PSC for pout stock, landed weight shall be GB cod shall be based upon the sum of paragraph (b)(2)(xiv) of this section. For converted to live weight to maintain dealer landings of GB cod for fishing the purposes of this paragraph (b)(1)(ii), consistency with the way ACLs are years 1996 through 2001, divided by the an ACE overage means catch of calculated pursuant to § 648.90(a)(4) total landings of GB cod by permits regulated species or ocean pout by and the way ACEs are allocated to eligible to join Sectors as of May 1, vessels participating in a particular Sectors pursuant to this paragraph 2008, during that period. The PSC for all Sector that exceed the ACE allocated to (b)(1)(i). The PSC calculated pursuant to other regulated species or ocean pout that Sector, as of the date received or this paragraph (b)(1)(i)(E) shall remain stocks specified for these permits shall purchased by the dealer, whichever with the permit indefinitely, but may be be calculated pursuant to paragraph occurs first. permanently reduced or eliminated due (b)(1)(i)(E)(1) of this section. (A) CC/GOM Yellowtail Flounder to a permit sanction or other (ii) GB cod PSC for all other permits. Stock Area. The CC/GOM Yellowtail For all NE multispecies permits that enforcement action. Flounder Stock Area, for the purposes of (1) Calculation of PSC for all NE have not committed to participate in identifying stock areas for trip limits multispecies stocks except GB cod. either the GB Cod Hook Gear Sector or Unless otherwise specified in paragraph GB Cod Fixed Gear Sector, as specified specified in § 648.86, and for (b)(1)(i)(E)(2) of this section, for each in paragraph (o)(2)(i) of this section, the determining areas applicable to Sector valid limited access NE multispecies GB cod PSC shall be based upon the GB allocations of CC/GOM yellowtail permit, including limited access NE cod PSC available after accounting for flounder ACE pursuant to paragraph (b) multispecies Handgear A permits, the GB cod PSC calculated pursuant to of this section, is the area bounded by dealer landings of each stock of NE paragraph (o)(2)(i) of this section. First, straight lines connecting the following multispecies caught while operating each permit’s individual share of the points in the order stated: under the restrictions associated with a available GB cod PSC shall be limited access NE multispecies permit, calculated by dividing the sum of the including regulated species or ocean individual permit’s landings of GB cod

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CC/GOM YELLOWTAIL FLOUNDER is the area bounded by straight lines Point N. Latitude W. Lon- STOCK AREA connecting the following points in the gitude order stated: 3 ° ′ W. Lon- RFSA13 ...... ( ) 71 40 Point N. Latitude gitude Point N. Latitude W. Lon- 1 The intersection of the shoreline and the gitude U.S./Canada maritime boundary. CCGOM1 ...... (1) 70°00′ 2 U.S./Canada maritime boundary. CCGOM2 ...... 41°20′ (2) GOMSA1 ...... (1) (1) 3 Intersection with RI shoreline. CCGOM3 ...... 41°20′ 69°50′ GOMSA2 ...... 43°58′ 67°22′ CCGOM4 ...... 41°10′ 69°50′ GOMSA3 ...... 43°50′ (2) (F) GOM Winter Flounder Stock Area. CCGOM5 ...... 41°10′ 69°30′ GOMSA4 ...... 43°50′ 67°40′ The GOM Winter Flounder Stock Area, CCGOM6 ...... 41°00′ 69°30′ GOMSA5 ...... (2) 67°40′ for the purposes of identifying stock CCGOM7 ...... 41°00′ 68°50′ GOMSA6 ...... 42°53.1′ 67°44.4′ areas for trip limits specified in § 648.86 CCGOM8 ...... 42°20′ 68°50′ GOMSA7 ...... (2) 67°40′ and for determining areas applicable to CCGOM9 ...... 42°20′ 67°40′ GOMSA8 ...... 42°20′ 67°40′ Sector allocations of GOM winter CCGOM10 ...... 43°50′ 67°40′ GOMSA9 ...... 42°20′ 70°00′ ° ′ ° ′ flounder ACE pursuant to paragraph (b) CCGOM11 ...... 43 50 66 50 GOMSA10 ...... (3) 70°00′ of this section, is the area bounded by CCGOM12 ...... 44°20′ 66°50′ CCGOM13 ...... 44°20′ 67°00′ 1 The intersection of the shoreline and the straight lines connecting the following CCGOM14 ...... (3) 67°00′ U.S./Canada maritime boundary. points in the order stated: 2 U.S./Canada maritime boundary. 1 Intersection of south-facing coastline of 3 North-facing shoreline of Cape Cod, MA. GOM WINTER FLOUNDER STOCK AREA Cape Cod, MA, and 70°00′ W. long. 2 Intersection of east-facing coastline of (D) GB Haddock Stock Area. The GB Nantucket, MA, and 41°20′ N. lat. Point N. Latitude W. Lon- 3 Intersection of south-facing ME coastline Haddock Stock Area, for the purposes of gitude and 67°00′ W. long. identifying stock areas for trip limits specified in § 648.86 and for GOM1 ...... (1) 70°00′ (B) SNE/MA Yellowtail Flounder determining areas applicable to Sector GOM2 ...... 42°20′ 70°00′ Stock Area. The SNE/MA Yellowtail ° ′ ° ′ allocations of GB haddock ACE GOM3 ...... 42 20 67 40 Flounder Stock Area, for the purposes of GOM4 ...... 43°50′ 67°40′ pursuant to paragraph (b) of this section, identifying stock areas for trip limits GOM5 ...... 43°50′ 66°50′ is the area bounded by straight lines specified in § 648.86, and for GOM6 ...... 44°20′ 66°50′ connecting the following points in the ° ′ ° ′ determining areas applicable to Sector GOM7 ...... 44 20 67 00 order stated: GOM8 ...... (2) 67°00′ allocations of SNE/MA yellowtail flounder ACE pursuant to paragraph (b) 1 Intersection of the north-facing coastline of W. Lon- ° ′ of this section, is the area bounded by Point N. Latitude gitude Cape Cod, MA, and 70 00 W. long. 2 Intersection of the south-facing Maine straight lines connecting the following coastline and 67°00′ W. long. points in the order stated: GBSA1 ...... (1) 70°00′ GBSA2 ...... 42°20′ 70°00′ (iii) Sector AMs. At the end of the ° ′ 2 SNE/MA YELLOWTAIL FLOUNDER GBSA3 ...... 42 20 ( ) fishing year, NMFS shall evaluate Sector GBSA4 ...... 40°30′ 65°40′ STOCK AREA catch using VTR, VMS, IVR, and any GBSA5 ...... 40°30′ 66°40′ other available information to determine GBSA6 ...... 39°50′ 66°40′ whether a Sector has exceeded any of its W. Lon- ° ′ ° ′ Point N. Latitude GBSA7 ...... 39 50 71 40 ACE allocations based upon the gitude 3 ° ′ GBSA8 ...... ( ) 71 40 cumulative catch by participating SNE1 ...... 35°00′ (1) 1 North-facing shoreline of Cape Cod, MA. permits/vessels, as identified in the SNE2 ...... 35°00′ 70°00′ 2 U.S./Canada maritime boundary. final operations plan approved by the ° ′ ° ′ 3 SNE3 ...... 39 00 70 00 Intersection With RI Shoreline Regional Administrator pursuant to SNE4 ...... 39°00′ 71°40′ SNE5 ...... 39°50′ 71°40′ (E) Redfish Stock Area. The Redfish paragraph (c) of this section, and each SNE6 ...... 39°50′ 68°50′ Stock Area, for the purposes of Sector’s share of any overage of the SNE7 ...... 41°00′ 68°50′ identifying stock areas for trip limits overall ACL for any stock caused by ° ′ ° ′ SNE8 ...... 41 00 69 30 specified in § 648.86 and for excessive catch by other sub- SNE9 ...... 41°10′ 69°30′ determining areas applicable to Sector components of the fishery pursuant to SNE10 ...... 41°10′ 69°50′ § 648.90(a)(5), if necessary. Should an allocations of redfish ACE pursuant to SNE11 ...... 41°20′ 69°50′ ACE allocated to a Sector be exceeded 2 ° ′ paragraph (b) of this section, is the area SNE12 ...... ( ) 70 00 in a given fishing year, the Sector’s ACE 3 ° ′ bounded by straight lines connecting SNE13 ...... ( ) 70 00 shall be reduced by the overage on a SNE14 ...... (4) 70°00′ the following points in the order stated: pound-for-pound basis during the 1 Intersection of east-facing coastline of W. Lon- following fishing year, and the Sector, Outer Banks, NC, and 35°00′ N. lat. Point N. Latitude each vessel, vessel operator and/or 2 Intersection of south-facing coastline of gitude Nantucket, MA, and 70°00′ W. long. vessel owner participating in the Sector 3 Intersection of north-facing coastline of RFSA1 ...... (1) (1) may be charged, as a result of said Nantucket, MA, and 70°00′ W. long. RFSA2 ...... 43°58′ 67°22′ overages, jointly and severally for civil 4 Intersection of south-facing coastline of RFSA3 ...... 43°50′ 67°40′ penalties and permit sanctions pursuant ° ′ ° ′ ° ′ Cape Cod, MA, and 70 00 W. long. RFSA4 ...... 43 50 67 40 to 15 CFR part 904. For the purposes of 2 ° ′ (C) GOM Haddock Stock Area. The RFSA5 ...... ( ) 67 40 this paragraph (b)(1)(iii), an ACE RFSA6 ...... 42°53.1′ 67°44.4′ GOM Haddock Stock Area, for the RFSA7 ...... (2) 67°40′ overage means catch of regulated purposes of identifying stock areas for RFSA8 ...... 42°20′ 67°40′ species or ocean pout by vessels trip limits specified in § 648.86 and for RFSA9 ...... 42°20′ (2) participating in a particular Sector that determining areas applicable to Sector RFSA10 ...... 40°30′ 65°40′ exceed the ACE allocated to that Sector, allocations of GOM haddock ACE RFSA11 ...... 39°00′ (2) as of the date received or purchased by pursuant to paragraph (b) of this section RFSA12 ...... 39°00′ 71°40′ the dealer, whichever occurs first, after

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considering all ACE transfer requests permits/vessels participating in that previous fishing year. For example, if a received and/or approved by NMFS Sector during the fishing year following Sector comprised of 10 permits/vessels during the current fishing year the overage, individual permit holders was allocated 10 mt of GB cod ACE, but (including those that are submitted up that participated in the Sector during caught 25 mt during the previous to 2 weeks into the following fishing the fishing year in which the overage fishing year (i.e., it exceeded its GB cod year), pursuant to paragraph (b)(1)(viii) occurred shall be responsible for ACE by 15 mt), each permit/vessel that of this section, unless otherwise reducing their DAS/PSC to account for participating in that Sector during the specified pursuant to § 648.90(a)(5). If that overage in the subsequent fishing following fishing year would have its an ACE allocated to a Sector is not year, as follows: GB cod PSC temporarily reduced to zero exceeded in a given fishing year (1) PSC reduction. If a Sector disbands during the subsequent fishing year, and pursuant to this paragraph (b)(1)(iii), the following an overage, and the owner of that Sector would not be able to fish Sector’s ACE allocation shall not be an individual permit joins another with gear capable of catching NE reduced for the following fishing year as Sector for the subsequent fishing year, multispecies (i.e., gear not listed as a result of an overage of an ACE by non- that permit’s contribution toward the exempted gear in this part) in the GB compliant Sectors or an overage of sub- ACE for the stock for which the overage cod stock area until it could acquire at ACLs allocated to common pool vessels, occurred to the other Sector in the least an additional 5 mt of GB cod ACE but may be reduced if the excessive subsequent fishing year shall be reduced from another Sector (i.e., 15 mt catch of a particular stock by other sub- by an amount equal to the overage overage¥10 mt ACE for the following components of the fishery causes the divided by the number of permits/ year = 5 mt overage remaining). overall ACL of a particular stock to be vessels participating in the Sector (C) ACE buffer. At the beginning of exceeded pursuant to § 648.90(a)(5). If during the fishing year in which the each fishing year, NMFS shall withhold declining stock conditions result in a overage occurred. For example, if a 20 percent of a Sector’s ACE for each need to reduce fishing mortality, and all Sector comprised of 10 permits/vessels stock for a period of up to 61 days (i.e., Sectors and common pool vessels have exceeded its GB cod ACE by 10,000 lb through June 30) to allow time to operated within their ACE or sub-ACL (4,536 kg) during the previous fishing process any ACE transfers submitted by limits, a Sector’s percentage share shall year, but later disbands, each permit/ May 15 pursuant to paragraph not be changed, but the amount this vessel that was in that Sector, but then (b)(1)(viii) of this section and to share represents may be reduced due to joins another Sector during the determine whether the ACE allocated to reduced overall ACL for a particular following fishing year shall have its any Sector needs to be reduced, or any stock. If stock conditions improve, and contribution of GB cod to another Sector overage penalties need to be applied to certain Sectors stay within their ACE temporarily reduced by 1,000 lb (453.6 individual permits/vessels in the while other Sectors or the common pool kg) during the subsequent fishing year current fishing year to accommodate an exceed their respective ACEs or sub- for the purposes of calculating the ACE overage by that Sector during the ACLs, the Sectors that stay within their available GB cod ACE allocated to previous fishing year, as specified in ACEs shall receive a temporary increase another Sector during that fishing year. paragraph (b)(1)(iii) of this section. in ACE equal to the amount that other (2) DAS reduction. If a Sector (iv) Sector enforcement—(A) Sector Sectors or the common pool exceeded disbands following an overage and the compliance and joint/several liability. their ACE or sub-ACL, divided among owner of an individual permit elects to Unless exempted through a letter of such Sectors proportional to each fish under the provisions of the authorization specified in paragraph Sector’s share of the ACL available to common pool during the subsequent (c)(2) of this section, each vessel vessels issued a limited access NE fishing year, that permit/vessel’s NE operator and/or vessel owner fishing multispecies permit. multispecies Category A DAS allocation under an approved Sector must comply (A) Overage penalty if there is for the subsequent fishing year shall be with all NE multispecies management sufficient ACE to cover the overage. If a temporarily reduced by an amount measures of this part and other Sector exceeds an ACE allocated to it proportional to the highest percentage applicable law. Each vessel and vessel during the previous fishing year, but has overage by that Sector of any of the operator and/or vessel owner sufficient ACE to address the overage stocks for which an overage occurred. participating in a Sector must also pursuant to this paragraph (b)(1)(iii) For example, if a Sector exceeded its GB comply with all applicable requirements based upon the cumulative PSCs of cod ACE by 10 percent and its pollock and conditions of the operations plan participating vessels during the fishing ACE by 15 percent, each permit would specified in paragraph (b)(2) of this year following the overage, no overage receive a 15-percent reduction in its section and the letter of authorization penalty shall be applied to any member Category A DAS allocation for the issued pursuant to paragraph (c)(2) of permit/vessel that leaves that Sector to subsequent fishing year if fishing under this section. Pursuant to 15 CFR part fish under the provisions of the the provisions of the common pool. 904, each Sector, permit/vessel owner, common pool or in another Sector in the (3) Fishing prohibition. If a Sector and vessel operator participating in the year following the overage. Any impacts does not disband following an overage, Sector may be charged jointly and to departing member permits/vessels but otherwise does not have sufficient severally for violations of the following may be specified and addressed by the ACE to cover an overage based upon the Sector operations plan requirements, Sector operations plan and associated PSC of participating permits, that which may result in an assessment of Sector contract. Sector’s ACE for the stock for which the civil penalties and permit sanctions: (B) Overage penalty if there is overage occurred shall be temporarily ACE overages, discarding of legal-sized insufficient ACE to cover an overage. If reduced to zero for the following fishing NE multispecies, and misreporting of a Sector exceeds an ACE allocated to it year, and that Sector shall be prohibited catch, including both landings and during the previous fishing year, but from fishing in the stock area associated discards. For the purposes of disbands in the year following the with the stock for which the ACE was enforcement, a Sector is a legal entity overage, or otherwise does not have exceeded during the following year, that can be subject to NMFS sufficient ACE to address the overage unless and until that Sector can acquire enforcement action for violations of the pursuant to this paragraph (b)(1)(iii) sufficient ACE from another Sector to regulations pertaining to Sectors, as based upon the cumulative PSCs of cover the remaining overage from the specified in this paragraph (b)(1)(iv).

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(B) Commitment to a Sector. A each stock because such regulated of coverage for landings by Sector permit/vessel participating in a Sector species or ocean pout were caught while vessels is specified in paragraph must remain in the Sector for the also operating under a NE multispecies (b)(1)(v)(B)(3) of this section. To ensure remainder of the fishing year. Such DAS. However, if a Sector vessel is that these levels of coverage are permits/vessels cannot fish under both issued a limited access General Category achieved, if a trip has been selected to the Sector provisions and the provisions Atlantic Sea Scallop permit and fishes be observed by a dockside/roving of the common pool during that same for scallops under the provisions monitor, all offloading events associated fishing year for any reason, including, specific to that permit, any yellowtail with that trip, regardless of how many but not limited to, expulsion from the flounder caught by the vessel on such or the location of offloading events, Sector pursuant to enforcement actions trips would be deducted from the other must be monitored. For example, if a specified in an approved Sector sub-component of the appropriate stock trip is selected to be observed by a operations plan, permit replacement, or of yellowtail flounder’s ACL specified dockside/roving monitor, a vessel permit/vessel sale to another owner. For for the Atlantic Sea Scallop fishery and offloading at more than one dealer or example, if a permit/vessel is sold by a not from the yellowtail flounder ACE for facility must have a dockside/roving Sector participant during the fishing the Sector. monitor present during the offload at year, the new owner must comply with (A) Discards. A Sector vessel may not each location. The details of the the Sector regulations for the remainder discard any legal-sized regulated species dockside/roving monitoring program of the fishing year. If a permit/vessel has or ocean pout allocated to Sectors used by each Sector must be specified been expelled from a Sector, the Sector pursuant to paragraph (b)(1)(i) of this in the Sector’s operations plan and must must notify NMFS of such an expulsion section, unless otherwise required be consistent with the operational immediately. Any permit/vessel, vessel pursuant to § 648.86(l). Discards of standards specified in paragraph (b)(5) operator, or vessel owner removed from undersized regulated species or ocean of this section. The Regional a Sector during a specific fishing year pout by a Sector vessel must be reported Administrator shall review the for violation of the Sector rules shall not to NMFS consistent with the reporting dockside/roving monitoring program be eligible to fish under the NE requirements specified in paragraph and approve/disapprove it as part of the multispecies regulations for common (b)(1)(vi) of this section. Discards shall yearly operations plan in a manner pool vessels specified in this part for the not be included in the information used consistent with the Administrative remainder of that fishing year. to calculate a vessel’s PSC, as described Procedure Act. in § 648.87(b)(1)(i)(E), but shall be (v) Sector monitoring. Each Sector counted against a Sector’s ACE for each (2) At-sea/electronic monitoring shall monitor catch by participating NE multispecies stock allocated to a program. Beginning in fishing year Sector vessels to ensure that ACEs are Sector. 2012, in addition to the dockside/roving not exceeded during the fishing year, as (B) Independent third-party monitoring requirement specified in specified in this paragraph (b)(1)(v). The monitoring program. Beginning in paragraph (b)(1)(v)(B)(1) of this section, Sector shall summarize trips validated fishing year 2010, a Sector must an at-sea/electronic monitoring program by dealer reports; oversee the use of develop, implement, and pay for, to the must be implemented to verify area electronic monitoring equipment and extent not funded by NMFS, an fished as well as catch and discards by review of associated data; maintain a independent third-party dockside/ species and gear type. A Sector may database of VTR, dealer, observer, and roving and at-sea/electronic monitoring elect to develop an at-sea/electronic electronic monitoring reports; determine program that is satisfactory to, and monitoring program before fishing year all species landings by stock areas; approved by, NMFS for monitoring 2012 and specify the details of such a apply discard estimates to landings; landings and utilization of Sector ACE, program in its operations plan. deduct catch from ACEs allocated to as specified in this paragraph Electronic monitoring may be used in Sectors; and report Sector catch on a (b)(1)(v)(B). Any service providers place of actual observers if the weekly basis to NMFS, as required in providing dockside/roving and at-sea technology is deemed sufficient by paragraph (b)(1)(vi) of this section. monitoring services pursuant to this NMFS for a specific trip type based on Unless otherwise specified in this paragraph (b)(1)(v)(B) must meet the gear type and area fished, in a manner paragraph (b)(1)(v), all catches of stocks service provider standards specified in consistent with the Administrative allocated to Sectors by vessels on a paragraph (b)(4) of this section, and any Procedure Act. No electronic monitoring Sector trip shall be deducted from the dockside/roving and at-sea/electronic technology may be used in place of an Sector’s ACE for each NE multispecies monitoring program proposed by at-sea monitor unless approved by stock regardless of what fishery the Sectors must meet the operational NMFS as part of the Sector’s annual vessel was participating in when the standards specified in paragraph (b)(5) operations plan. If either an at-sea fish was caught. For the purposes of this and (b)(6) of this section, respectively, monitor or electronic monitoring is paragraph (b)(1)(v), any regulated and be approved/certified by NMFS in assigned to a particular trip, a vessel species or ocean pout caught using gear a manner consistent with the may not leave port without the capable of catching NE multispecies Administrative Procedure Act. appropriate at-sea monitor or electronic (i.e., gear not listed as exempted gear (1) Dockside/roving monitors. monitoring equipment on board. The at- under this part) would be deducted Dockside/roving monitors shall monitor sea/electronic monitoring program from a Sector’s ACE if such catch landings of regulated species and ocean developed and implemented by each contributed to the specification of PSC, pout by Sector vessels at the first point Sector must be consistent with the as described in § 648.87(b)(1)(i)(E), and of offload, whether directly to a operational standards specified in would not apply to another ACL sub- federally permitted dealer or to a truck paragraph (b)(6) of this section, with component pursuant to § 648.90(a)(4). for transfer to a federally permitted details of the program specified in the For example, any regulated species or dealer, to verify such landings at the Sector’s annual operations plan. The ocean pout caught while fishing for or time the landings are weighed by a Regional Administrator shall review the catching skates or monkfish pursuant to federally permitted dealer and to certify at-sea/electronic monitoring program the regulations for those fisheries would the landing weights are accurate as and approve/disapprove it as part of the be deducted from the Sector’s ACE for reported on the dealer report. The level annual operations plan in a manner

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consistent with the Administrative meets the standards specified in following information: Catch, including Procedure Act. The level of coverage for paragraph (b)(4) of this section. landings and discards, of all species by landings by Sector vessels is specified (vi) Sector reporting requirements. In Sector vessels; the permit number of in paragraph (b)(1)(v)(B)(3) of this addition to the other reporting/ each Sector vessel that fished for section. recordkeeping requirements specified in regulated species or ocean pout; the (3) Coverage levels. Any service this part, a Sector’s vessels must comply number of vessels that fished for non- provider providing dockside/roving or with the reporting requirements regulated species or ocean pout; the at-sea monitoring services required specified in this paragraph (b)(1)(vi). method used to estimate discards by under this paragraph (b)(1)(v)(B)(3) must (A) VMS declarations and trip-level Sector vessels; the landing port used by provide coverage that is fair, equitable, catch reports. Prior to each Sector trip, Sector vessels; enforcement actions; and and distributed in a statistically random a Sector vessel must declare into broad other relevant information required to manner among all trips such that stock areas in which the vessel fishes evaluate the biological, economic, and coverage is representative of fishing and submit the VTR serial number social impacts of Sectors and their activities by all vessels within each associated with that trip pursuant to fishing operations consistent with Sector and by all Sector vessel § 648.10(k). The Sector vessel must also confidentiality requirements of operations throughout the fishing year. submit a VMS catch report detailing applicable law. (i) Dockside/roving monitoring. For regulated species and ocean pout catch (vii) Interaction with other fisheries— fishing year 2010, at least 50 percent of by broad stock areas when fishing in (A) Use of DAS. A Sector vessel must all Sector trips shall be monitored by multiple stock areas on the same trip, comply with all measures specified for dockside/roving monitors. Beginning in pursuant to § 648.10(k). another fishery pursuant to this part, (B) Weekly catch report. Each Sector fishing year 2011, at least 20 percent of including any requirement to use a NE must submit weekly reports to NMFS all Sector trips shall be monitored by multispecies DAS. If the regulations of stating the remaining balance of ACE dockside/roving monitors. another fishery require the use of a NE (ii) At-sea/electronic monitoring. allocated to each Sector based upon multispecies DAS, the DAS allocation Beginning in fishing year 2012, coverage regulated species and ocean pout and accrual provisions specified in levels for an at-sea monitoring program landings and discards of vessels § 648.82(d) and (e), respectively, apply shall be specified by NMFS, but shall be participating in that Sector and any to each trip by a Sector vessel, as less than 100 percent of all Sector trips. compliance/enforcement concerns. Such coverage levels must be sufficient These reports must include at least the applicable. For example, if a Sector to at least meet the coefficient of following information, as instructed by vessel is also issued a limited access variation specified in the Standardized the Regional Administrator: Week monkfish Category C permit and is Bycatch Reporting Methodology and ending date; species, stock area, gear, required to use a NE multispecies DAS accurately monitor Sector operations. In number of trips, reported landings concurrent with a monkfish DAS under the event that a NMFS-sponsored (landed pounds and live pounds), this part, any NE multispecies DAS used observer and a third-party at-sea discards (live pounds), total catch (live by the Sector vessel accrues, as monitor are assigned to the same trip, pounds), status of the Sector’s ACE specified in § 648.82(e)(1)(ii) based only the NMFS observer must observe (pounds remaining and percent upon the vessel’s NE multispecies DAS that trip. remaining), and whether this is a new allocation calculated pursuant to (4) Hail reports. For the purposes of or updated record of Sector catch for § 648.82(d)(1)(iv)(B). the dockside/roving and at-sea each NE multispecies stock allocated to (B) Availability of ACE. monitoring requirements specified in that particular Sector; Sector Notwithstanding the requirements in this paragraph (b)(1)(v)(B), Sector enforcement issues, including any paragraph (b)(1)(vii)(A) of this section, if vessels must submit all hail reports for discrepancies noted by dockside/roving a Sector has not been allocated or does a Sector trip in which the NE monitors between dealers and offloads; not acquire sufficient ACE available to multispecies catch applies against the summary of offloads witnessed by cover the catch of a particular stock of ACE allocated to a Sector, as specified dockside/roving monitors for that NE multispecies while participating in in this part, to service providers offering reporting week; and a list of vessels another fishery in which such catch dockside/roving and at-sea monitoring landing for that reporting week. These would apply to the ACE allocated to a services pursuant to this paragraph weekly catch reports must be submitted Sector, vessels participating in that (b)(1)(v)(B). The mechanism and timing no later than 2359 hr on Thursday of the Sector cannot participate in those other of the transmission of such hail reports week following the reporting week, as fisheries unless NMFS has approved a must be specified in the annual Sector defined in this part. The frequency of Sector operations plan that ensures that operations plan, consistent with these reports must be increased to more regulated species or ocean pout will not paragraphs (b)(5) and (6) of this section. than a weekly submission when the be caught while participating in these (5) Notification of service provider balance of remaining ACE is low, as other fisheries. change. If for any reason a Sector specified in the Sector operations plan (viii) ACE transfers. Unless otherwise decides to change service providers and approved by NMFS. If requested, specified pursuant to paragraph used to provide the dockside/roving and Sectors must provide detailed trip-by- (b)(1)(viii)(D) of this section, all or a at-sea monitoring services required in trip catch data to NMFS for the portion of a Sector’s ACE for any NE this paragraph (b)(1)(v), the Sector purposes of auditing Sector catch multispecies stock may be transferred to manager must first inform NMFS of the monitoring data based upon guidance another Sector at any time during the effective date of the change in service provided by the Regional Administrator. fishing year and up to 2 weeks into the providers in conjunction with the (C) Year-end report. An approved following fishing year (i.e., through May submission of the next weekly Sector Sector must submit an annual year-end 14) to cover any overages during the catch report specified in paragraph report to NMFS and the Council, no previous fishing year. A Sector is not (b)(1)(vi)(B) of this section. A Sector later than 60 days after the end of the required to transfer ACE to another may employ more than one service fishing year, that summarizes the fishing Sector. An ACE transfer only becomes provider at any time, provided any activities of participating permits/ effective upon approval by NMFS, as service provider employed by a Sector vessels, which must include at least the specified in paragraph (b)(1)(viii)(B).

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(A) Application to transfer ACE. ACE sufficient to assess the impacts of Sector adjustment as specified in paragraph may be transferred from one Sector to operations during the 2-year period and (a)(1) of this section, a supplemental another through written request to the that Sector membership, or any other NEPA analysis may be required with the Regional Administrator. This request parameter that may affect Sector operations plan; must include the name of the Sectors operations during the second year of the (x) Detailed information about overage involved, the amount of each ACE to be approved operations plan, does not penalties or other actions that will be transferred, the fishing year in which differ to the point where the impacts taken if a Sector exceeds its ACE for any the ACE transfer applies, and the analyzed by the supporting NEPA stock; amount of compensation received for document are compromised. Each vessel (xi) Detailed plans for the monitoring any ACE transferred, as instructed by and vessel operator and/or vessel owner and reporting of landings and discards the Regional Administrator. participating in a Sector must agree to by Sector participants, including, but (B) Approval of an ACE transfer and comply with all applicable not limited to, detailed information request. NMFS shall approve/ requirements and conditions of the describing the Sector’s dockside/roving disapprove a request to transfer ACE operations plan specified in this and at-sea/electronic monitoring based upon compliance by each Sector paragraph (b)(2) and the letter of program for monitoring utilization of and its participating vessels with the authorization issued pursuant to ACE allocated to that Sector; reporting requirements specified in this paragraph (c)(2) of this section. It shall identification of the independent third- part. The Regional Administrator shall be unlawful to violate any such party service providers employed by the inform both Sectors in writing whether conditions and requirements unless Sector to provide dockside/roving and the ACE transfer request has been such conditions or restrictions are at-sea/electronic monitoring services; approved within 2 weeks of the receipt identified as administrative only in an the mechanism and timing of any hail of the ACE transfer request. approved operations plan. At least the reports necessary to coordinate the (C) Duration of transfer. following elements must be contained deployment of dockside/roving and at- Notwithstanding ACE carried over into in either the operations plan or Sector sea monitors and electronic monitoring the next fishing year pursuant to contract: equipment; a list of specific ports where paragraph (b)(1)(i)(C) of this section, (i) A list of all parties, vessels, and participating vessels will land fish, with ACE transferred pursuant to this vessel owners who will participate in specific exemptions noted for safety, paragraph (b)(1)(viii) is only valid for the Sector; weather, etc., allowed, provided the the fishing year in which the transfer is (ii) A list of all Federal and state Sector provides reasonable notification approved, with the exception of ACE permits held by persons participating in to NMFS concerning a deviation from transfer requests that are submitted up the Sector, including an indication for the listed ports; and any other to 2 weeks into the subsequent fishing each permit whether it is enrolled and information about such a program year to address any potential ACE will actively fish in a Sector, or will be required by NMFS; overages from the previous fishing year, subject to the provisions of the common (xii) ACE thresholds that may trigger as provided in paragraph (b)(1)(iii) of pool; revisions to Sector operations to ensure this section. (iii) A contract signed by all Sector allocated ACE is not exceeded, and (D) Transfer of ACE by NOAA- participants indicating their agreement details regarding the Sector’s plans for sponsored permit banks. A state- to abide by the operations plan; notifying NMFS once the specified ACE operated permit bank sponsored by (iv) The name of a designated threshold has been reached; NOAA shall be considered a Sector for representative or agent of the Sector for (xiii) Identification of any potential the exclusive purpose of transferring service of process; redirection of effort into other fisheries ACE to qualifying Sectors. Such permit (v) If applicable, a plan for expected as a result of Sector banks will be allocated ACE for a fishing consolidation or redistribution of ACE operations, and, if necessary, proposed year based on the PSCs of permits detailing the quantity and duration of limitations to eliminate any adverse owned by the permit bank that are such consolidation or redistribution effects expected from such redirection declared as ACE permits for that fishing within the Sector; of effort; year. All or a portion of a permit bank’s (vi) A list of the specific management (xiv) If applicable, description of how ACE for any NE multispecies stock may rules the Sector participants will agree regulated species and ocean pout will be be transferred to a qualifying Sector at to abide by in order to avoid exceeding avoided while participating in other any time during the fishing year. Permit the allocated ACE for each stock, fisheries that have a bycatch of banks may only act as the transferor in including a plan of operations or regulated species or ocean pout if the an ACE transfer. cessation of operations once the ACEs of Sector does not have sufficient ACE for (ix) Trip limits. With the exception of one or more stocks are harvested and stocks of regulated species or ocean stocks listed in § 648.87(l), a Sector detailed plans for enforcement of the pout caught as bycatch in those vessel is not limited in the amount of Sector rules; fisheries, as specified in paragraph allocated NE multispecies stocks that (vii) A plan that defines the (b)(1)(vii)(B) of this section; and can be harvested on a particular fishing procedures by which members of the (xv) A list of existing regulations that trip, unless otherwise specified in the Sector that do not abide by the rules of the Sector is requesting exemption from operations plan. the Sector will be disciplined or during the following fishing year (2) Operations plan and Sector removed from the Sector, and a pursuant to paragraph (c)(2) of this contract. To be approved to operate, procedure for notifying NMFS of such section. each Sector must submit an operations expulsions from the Sector; (3) NEPA analysis. In addition to the plan and Sector contract to the Regional (viii) If applicable, a plan of how the documents required by paragraphs (a)(1) Administrator no later than September 1 ACE allocated to the Sector is assigned and (b)(2) of this section, before NMFS prior to the fishing year in which the to each vessel; can approve a Sector to operate during Sector intends to begin operations. This (ix) If the operations plan is a particular fishing year, each Sector operations plan may cover a 1- or 2-year inconsistent with, or outside the scope must develop and submit to NMFS, in period, provided the analysis required of the NEPA analysis associated with conjunction with the yearly operations in paragraph (b)(3) of this section is the Sector proposal/framework plan and Sector contract, an appropriate

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NEPA analysis assessing the impacts of and duties of a Sector monitoring/ mechanism deployments to NMFS and forming the Sector and operating under reporting service provider and the the Sector manager in a timely manner the measures described in the Sector arrangements to be used, including to determine whether the predetermined operations plan. whether the service provider is able to coverage levels are being achieved for (4) Independent third-party offer dockside and/or at-sea monitoring the appropriate Sector; monitoring provider standards. Any services; (4) A service provider must assign service provider intending to provide (G) Evidence of adequate insurance dockside, roving, and at-sea monitors dockside/roving and at-sea/electronic (copies of which shall be provided to and other approved at-sea monitoring monitoring services described in the vessel owner, operator, or vessel mechanisms without regard to any § 648.82(n)(2) and paragraph (b)(1)(v) of manager, when requested) to cover preference by the Sector manager or this section must apply to and be injury, liability, and accidental death to representatives of vessels other than approved/certified by NMFS in a cover dockside, roving, and at-sea when the service is needed and the manner consistent with the monitors (including during training); availability of approved/certified Administrative Procedure Act. NMFS vessel owner; and service provider; monitors and other at-sea monitoring shall approve/certify service providers (H) Proof of benefits and personnel mechanisms; and associated dockside, roving, and/or services provided in accordance with (5) A service provider’s dockside, at-sea monitors as eligible to provide the terms of each monitor’s contract or roving, and at-sea monitor assignment Sector monitoring services specified in employment status; must be fair, equitable, representative of this part and can disapprove/decertify (I) Proof that the service provider’s fishing activities within each Sector, service providers and/or individual dockside, roving, and at-sea monitors and able to monitor fishing activity monitors through notice in writing to have passed an adequate training course throughout the fishing year; individual service providers/monitors if sponsored by the service providers to (6) For service providers offering the following criteria are no longer the extent not funded by NMFS that is catch estimation or at-sea monitoring being met: consistent with the curriculum used in services, a service provider must be able (i) Service provider information. As the current yearly NEFOP training to determine an estimate of discards for part of the application for service course, unless otherwise specified by each trip and provide such information provider approval/certification, NMFS; to the Sector manager and NMFS, as potential service providers must include (J) An Emergency Action Plan appropriate and as required by this at least the following information: describing the provider’s response to an section; (A) Identification of corporate emergency with a dockside, roving, and (B) The service provider must ensure structure, including the names and at-sea monitors, including, but not that dockside, roving, and at-sea duties of controlling interests in the limited to, personal injury, death, monitors remain available to NMFS, company such as owners, board harassment, or intimidation; and including NMFS Office for Law members, authorized agents, and staff; (K) Evidence that the company is in Enforcement, for debriefing for at least and articles of incorporation, or a good financial standing; 2 weeks following any monitored trip/ partnership agreement, as appropriate; (ii) Service provider performance offload; (B) Contact information for official requirements. Dockside/roving and at- (C) The service provider must report correspondence and communication sea monitoring service providers must possible dockside, roving, and at-sea with any other office; be able to document compliance with monitor harassment; discrimination; (C) A statement, signed under penalty the following criteria and requirements: concerns about vessel safety or marine of perjury, from each owner, board (A) A service provider must establish casualty; injury; and any information, member, and officer that they are free and carry out a comprehensive plan to allegations, or reports regarding from a conflict of interest with fishing- deploy NMFS-certified dockside, dockside, roving, or at-sea monitor related parties including, but not roving, and/or at-sea monitors, or other conflict of interest or breach of the limited to, vessels, dealers, shipping at-sea monitoring mechanism, such as standards of behavior to NMFS and/or companies, Sectors, Sector managers, electronic monitoring equipment that is the Sector manager, as specified by advocacy groups, or research approved by NMFS, according to a NMFS; institutions and will not accept, directly prescribed coverage level (or level of (D) The service provider must submit or indirectly, any gratuity, gift, favor, precision for catch estimation), as to NMFS, if requested, a copy of each entertainment, loan, or anything of specified by NMFS, including all of the signed and valid contract (including all monetary value from such parties; necessary vessel reporting/notice attachments, appendices, addendums, (D) A statement, signed under penalty requirements to facilitate such and exhibits incorporated into the of perjury, from each owner, board deployment, as follows: contract) between the service provider member, and officer describing any (1) A service provider must be and those entities requiring services criminal convictions, Federal contracts available to industry 24 hr per day, 7 (i.e., Sectors and participating vessels) they have had, and the performance days per week, with the telephone and between the service provider and rating they received on the contract, and system monitored a minimum of four specific dockside, roving, or at-sea previous decertification action while times daily to ensure rapid response to monitors; working as an observer or observer industry requests; (E) The service provider must submit service provider; (2) A service provider must be able to to NMFS, if requested, copies of any (E) A description of any prior deploy dockside, roving, and/or at-sea information developed and used by the experience the applicant may have in monitors, or other approved at-sea service providers distributed to vessels, placing individuals in remote field and/ monitoring mechanism to all ports in such as informational pamphlets, or marine work environments including, which service is required by Sectors, or payment notification, description of but not limited to, recruiting, hiring, a subset of ports as part of a contract duties, etc.; deployment, and personnel with a particular Sector; (F) A service provider may refuse to administration; (3) A service provider must report deploy a dockside, roving, or at-sea (F) A description of the applicant’s dockside, roving, and at-sea monitors monitor or other approved at-sea ability to carry out the responsibilities and other approved at-sea monitoring monitoring mechanism on a requesting

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fishing vessel for any reason including, (iii) Standards for individual Sectors, Sector managers, advocacy but not limited to, the following: dockside/roving monitors. For an groups, or research institutions to (1) If the service provider does not individual to be approved/certified as a prevent conflicts of interest. have an available dockside/roving dockside or roving monitor, the service (5) Dockside monitoring operational monitor prior to a vessel’s intended provider must demonstrate that each standards. In addition to the date/time of landing, or if the service potential monitor meets the following independent third-party monitoring provider does not have an available at- criteria: provider standards specified in sea monitor or other at-sea monitoring (A) A high school diploma or legal paragraph (b)(4) of this section, any mechanism approved by NMFS within equivalent; dockside monitoring program developed the advanced notice requirements (B) Successful completion of all as part of a Sector’s yearly operations established by the service provider; NMFS-required training and briefings plan pursuant to paragraph (2) If the service provider is not given before deployment; (b)(1)(v)(B)(1) of this section, or required adequate notice of vessel departure or (C) Physical and mental capacity for as part of the trimester TAC AM landing from the Sector manager or carrying out the responsibilities of a specified in § 648.82(n)(2) must meet participating vessels, as specified by the dockside/roving monitor pursuant to the following operational standards to service provider; standards established by NMFS, such as be approved by NMFS: (3) For the purposes of at-sea being certified by a physician to be (i) Vessel requirements—(A) monitoring, if the service provider has physically fit to work as a dockside/ Reporting/recordkeeping requirements. determined that the requesting vessel is roving monitor after consideration that In addition to all other reporting/ inadequate or unsafe pursuant to the a monitor may be required to climb a recordkeeping requirements specified in reasons described in § 600.746; and ladder to inspect fish holds and/or this part, to facilitate the deployment of (4) Failure to pay for previous trucks; independent dockside and roving deployments of dockside, roving, or at- (D) Absence of fisheries-related monitors pursuant to § 648.82(n)(2)(iv) sea monitors, or other approved at-sea convictions based upon a thorough and paragraph (b)(1)(v) of this section, the operator of a vessel fishing under monitoring mechanism. background check; and the provisions of the common pool or (G) With the exception of a service (E) Independence from fishing-related on a Sector trip must comply with the provider offering reporting, dockside, parties including, but not limited to, vessels, dealers, shipping companies, following requirements: and/or at-sea monitoring services to (1) Trip-start hail report. The vessel participants of another fishery managed Sectors, Sector managers, advocacy groups, or research institutions to operator must submit a trip-start hail under Federal regulations, a service report notifying the Sector manager and/ provider must not have a direct or prevent conflicts of interest. (iv) Standards for individual at-sea or dockside/roving monitor service indirect interest in a fishery managed provider of the vessel permit number; under Federal regulations, including, monitors. For an individual to be approved/certified as an at-sea monitor, trip ID number in the form of the VTR but not limited to, fishing vessels, serial number of the first VTR page for dealers, shipping companies, Sectors, the service provider must demonstrate that each potential monitor meets the that trip, or another trip identifier Sector managers, advocacy groups, or specified by NMFS; and an estimate of research institutions and may not solicit following criteria: (A) A high school diploma or legal the trip duration prior to departing port or accept, directly or indirectly, any equivalent; at the beginning of each trip. If the gratuity, gift, favor, entertainment, loan, (B) Successful completion of all vessel operator does not receive or anything of monetary value from NMFS-required training and briefings confirmation of the receipt of the trip- anyone who conducts fishing or fishing- before deployment; start hail report from the dockside/ related activities that are regulated by (C) Physical and mental capacity for roving monitor service provider within NMFS, or who has interests that may be carrying out the responsibilities of an at- 10 minutes of sending the original trip- substantially affected by the sea monitor on board fishing vessels, start hail report, the operator must performance or nonperformance of the pursuant to standards established by contact the service provider to confirm official duties of service providers; NMFS such as being certified by a the trip-start hail report via an (H) A system to record, retain, and physician to be physically fit to work as independent back-up system developed distribute the following information to an at-sea monitor after consideration of by the service provider. NMFS, as requested, for a period at least the following work-related (2) Trip-end hail report. Prior to specified by NMFS, including: issues: returning to port upon the completion of (1) Dockside, roving, and/or at-sea (1) Susceptibility to chronic motion a fishing trip, the vessel operator must monitor and other approved monitoring sickness; submit a trip-end hail report notifying equipment deployment levels, including (2) Ability to live in confined the dockside/roving monitor service the number of refusals and reasons for quarters; provider of the vessel permit number; such refusals; (3) Ability to tolerate stress; trip ID submitted pursuant to paragraph (2) Incident/non-compliance reports (4) Ability to lift and carry heavy (b)(5)(i)(A)(1) of this section; intended (e.g., failure to offload catch); and objects up to 50 lb (22.7 kg); offloading location(s), including the (3) Hail reports, landings records, and (5) Ability to drag heavy objects up to dock/dealer, port/harbor, and state for other associated interactions with 200 lb (90.7 kg); and all dealers/facilities where the vessel vessels and dealers. (6) Ability to climb a ladder. intends to offload catch; estimated date/ (I) A means to protect the (D) A current Red Cross (or time of arrival; estimated date/time of confidentiality and privacy of data equivalent) CPR/first aid certification; offload; and estimated total weight of submitted by vessels, as required by the (E) Absence of fisheries-related each species on board. The trip-end hail Magnuson-Stevens Act; and convictions, based upon a thorough report must be submitted at least 6 hr (J) A service provider must be able to background check; and in advance of landing for all trips at supply dockside and at-sea monitors (F) Independence from fishing-related least 6 hr in duration or occurring more with sufficient safety and data-gathering parties including, but not limited to, than 6 hr from port. For shorter trips, equipment, as specified by NMFS. vessels, dealers, shipping companies, the trip-end hail reports must be

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submitted within sufficient time to (B) Documentation of offloads—(1) number of the first VTR page filled out allow the deployment of the dockside/ Offloads directly to a dealer. Upon the for that trip or another trip ID specified roving monitor to the offloading site, as completion of the offload, the dockside/ by NMFS, the roving monitor’s name, specified by the dockside/roving roving monitor shall retain a copy of all tote number, and species; provide data monitoring service provider in VTRs associated with the trip, including summarizing the offloads of each trip, consultation with NMFS Office of Law all information submitted (i.e., no including copies of the VTR(s) and Enforcement. These reports may be in blocked cells) provided by the Sector roving monitor report to the Sector the form of an e-mail to the dockside/ vessel; record whether the dealer scales manager or designated third party roving monitor service provider or were certified by an appropriate state contractor, as appropriate, within 24 hr another means of communication agency; observe and record whether ice of offloading; and retain a copy of such specified by the service provider. and box weights are tared by the dealer information to document that the (B) Copies of trip documents. The before catch is added, or record the offload was monitored, as instructed by operator of a Sector vessel that is issued estimated weight of ice and the box the Regional Administrator. The roving a waiver from the dockside/roving from the dealer; record the weight of monitor must submit copies of the monitoring requirements specified in catch offloaded by species (and market VTR(s); driver manifest(s), if separate paragraph (b)(1)(v)(B) of this section for category, if culled); determine and from the roving monitor’s report; and a particular trip must provide copies of record whether all fish have been the roving monitor’s report to the Sector all VTRs and dealer receipts associated offloaded, including an estimate of the manager or third-party service provider, with that trip to the Sector or designated weight of fish being retained by captain as appropriate. third party contractor, as appropriate, and crew for personal consumption or (C) Record retention. The dockside/ within 24 hr of offloading. other use and the reason for retention of roving monitor service provider shall (C) Vessel offloads. A vessel may not such catch; sign the dealer receipt retain an electronic record of each offload any fish from a trip that was associated with the offload for each trip offload observed and make electronic selected to be observed by a dockside/ (i.e., dealer/weighout slip or other form and other records that document an roving monitor until the dockside/ of documentation of the amount of catch offload available to NMFS upon request. roving monitor(s) assigned to that trip is offloaded by the dealer), or have the (D) Safe-harbor provision. The present, as specified in paragraph dealer sign the dockside/roving monitor dockside/roving monitor service (b)(5)(ii)(A) of this section. report, as appropriate; provide data provider must work with the Sector and (ii) Dockside/roving monitor service summarizing the offloads of each trip, NMFS Office of Law Enforcement to provider requirements—(A) including copies of the VTR(s), establish an acceptable process for safe- Confirmation of vessel hail reports. dockside/roving monitor report, and harbor situations where a vessel is Upon receipt of a trip-start or trip-end unable to follow normal dockside/ dealer receipt(s), if separate from the hail reports pursuant to paragraphs roving monitor protocols outlined in dockside/roving monitor report, to the (b)(5)(i)(A)(1) and (2) of this section, the paragraph (b)(5) of this section due to an Sector manager or designated third service provider shall immediately send emergency situation. confirmation that the trip-start or trip- party contractor, as appropriate, within (iii) Adjustment to operational end hail report was received to the 24 hr of offloading; and retain a copy of standards. The dockside/roving monitor vessel. A service provider must such information to document that the operational standards specified in establish an independent back-up offload was monitored, as instructed by paragraph (b)(5) of this section may be system to the primary hail report system the Regional Administrator. revised by the Regional Administrator (e.g., a phone number if the primary hail (2) Offloads to a truck. A roving in a manner consistent with the report system is based upon e-mail) to monitor observing offloads into a truck Administrative Procedure Act. ensure receipt of such trip-start or trip- shall retain copies of all VTRs filled out (6) At-sea/electronic monitoring end hail reports. In confirming the for that trip with all information operational standards. In addition to the receipt of a trip-end hail report, the submitted (i.e., no blocked cells) independent third-party monitoring service provider will inform the vessel provided by the Sector vessel; if there provider standards specified in operator that the offload(s) associated are no scales at the offload site, record paragraph (b)(4) of this section, any at- with that trip will be monitored by a the number of totes of each species and sea/electronic monitoring program dockside/roving monitor or that the the captain’s estimate of the weight in developed as part of a Sector’s yearly vessel is issued a dockside/roving each tote; if there are scales at the operations plan pursuant to paragraph monitor waiver for that trip. If a offload site, record whether the scales (b)(1)(v)(B)(2) of this section must meet dockside/roving monitor is assigned to were certified by an appropriate state the following operational standards to observe a trip’s offloads, but cannot agency and observe and record whether be approved by NMFS: meet the vessel as scheduled, the ice and box weights are tared before (i) Gear. Each at-sea monitor must be service provider must inform the vessel, catch is added, or record the estimated provided with all of the equipment the Sector, and NMFS Office of Law weight of ice and the box; determine specified by the Northeast Fisheries At- Enforcement, as appropriate, as soon as and record whether all fish have been sea Monitoring Program. A list of such possible, to specify the time when the offloaded, including an estimate of the equipment is available from the dockside/roving monitor will arrive, or weight of fish being retained by captain Northeast Fisheries Science Center upon issue the vessel a waiver for that and crew for personal consumption or request. At-sea/electronic monitoring particular trip. The service provider or other use and the reason for retention of service providers are responsible for the Sector manager must also provide such catch; record all offloaded catch by cost of providing such gear to at-sea NMFS Office of Law Enforcement with species and market class in a report, monitors to the extent not funded by the information contained in the trip- unless the driver creates such a report NMFS. This gear shall be inspected by start and trip-end hail reports, including that the roving monitor may use which NMFS upon the completion of training whether the vessel has been assigned a shall be signed by the roving monitor; required pursuant to paragraph dockside/roving monitor for that trip, at document that each tote is labeled with (b)(4)(i)(I) of this section. the same time that the confirmation is the appropriate identifying information (ii) Vessel selection protocol. An at- sent to the vessel. including, but not limited to, the serial sea/electronic monitoring program

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service provider must develop a formal (2) At-sea/electronic monitoring (c)(2)(i) and (ii) of this section, in order vessel-selection protocol to deploy at- report. A report detailing area fished to allow vessels to fish in accordance sea monitors and electronic monitoring and the amount of each species kept and with an approved operations plan, equipment in a statistically random discarded shall be submitted provided such exemptions are manner consistent with the coverage electronically in a standard acceptable consistent with the goals and objectives levels required pursuant to paragraph form to the appropriate Sector and of the FMP. The letter of authorization (b)(1)(v)(B)(3)(a) of this section. This NMFS within 48 hr of the completion of may also include requirements and protocol must include a method to the trip, as instructed by the Regional conditions deemed necessary to ensure allow for waivers in specific Administrator. The data elements to be effective administration of, and circumstances, including how waivers collected and the format for submission compliance with, the operations plan would be requested, assessed, and shall be specified by NMFS and and the Sector allocation. Solicitation of recorded. distributed to all approved at-sea/ public comment on, and NMFS final (iii) Reporting/recordkeeping electronic monitoring service providers determination on such exemptions shall requirements—(A) Vessel requirements. and Sectors. At-sea/electronic be consistent with paragraphs (c)(1) and In addition to all other reporting/ monitoring data shall not be accepted (2) of this section. recordkeeping requirements specified in until such data pass automated NMFS (i) Regulations that may not be this part, to facilitate the deployment of data quality checks. exempted for Sector participants. The at-sea monitors and electronic (iv) Safety hazards—(A) Vessel Regional Administrator may not exempt monitoring equipment pursuant to requirements. The operator of a Sector participants in a Sector from the paragraph (b)(1)(v)(B)(2) of this section, vessel must detail and identify any following Federal fishing regulations: the operator of a vessel fishing on a safety hazards to any at-sea monitor NE multispecies year-round closure Sector trip must provide at-sea/ assigned pursuant to paragraph areas, permitting restrictions (e.g., vessel electronic monitoring service providers (b)(6)(iii)(B)(1) of this section prior to upgrades, etc.), gear restrictions with at least the following information: leaving port. A vessel cannot begin a designed to minimize habitat impacts The vessel name, permit number, trip ID trip if it has failed a review of safety (e.g., roller gear restrictions, etc.), and number in the form of the VTR serial issues pursuant to paragraph reporting requirements (not including number of the first VTR page for that (b)(6)(iv)(B) of this section, until the DAS reporting requirements or SAP- trip or another trip identifier specified identified safety deficiency has been specific reporting requirements resolved pursuant to § 600.746(i). by NMFS, and an estimate of the date/ specified in this part). This list may be (B) At-sea/electronic monitoring time of departure in advance of each modified through a framework service provider requirements. An at-sea trip. The timing of such notice shall be adjustment, as specified in § 648.90. monitor must complete a pre-trip vessel (ii) Universal Sector exemptions. All sufficient to allow ample time for the safety checklist provided by NMFS Sector vessels are exempt from the service provider to determine whether before an at-sea monitor can leave port following Federal fishing regulations an at-sea monitor or electronic onboard a vessel on a Sector trip. If the under this part: monitoring equipment will be deployed vessel fails a review of safety issues (A) Trip limits on NE multispecies on each trip and allow the at-sea pursuant to this paragraph (b)(6)(iv)(B), stocks for which a Sector receives an monitor or electronic monitoring an at-sea monitor cannot be deployed on allocation of ACE pursuant to paragraph equipment to prepare for the trip and that vessel for that trip. (b)(1)(i) of this section (i.e., all stocks get to port, or to be installed on the (v) Adjustment to operational except Atlantic halibut, ocean pout, vessel, respectively. The details of the standards. The at-sea/electronic windowpane flounder, SNE/MA winter timing, method (e.g., phone, e-mail, monitoring operational standards flounder, and Atlantic wolffish); etc.), and information needed for such specified in paragraph (b)(6) of this (B) The GOM Rolling Closure Areas pre-trip notifications shall be included section may be revised by the Regional and the GB Seasonal Closed Area as part of a Sector’s yearly operations Administrator in a manner consistent specified in § 648.82(f)(1) and (g), plan. If a vessel has been informed by with the Administrative Procedure Act. respectively, provided Sector vessels a service provider that an at-sea monitor (c) Approval of a Sector and granting comply with the Sector-specific GOM or electronic monitoring equipment has of exemptions by the Regional Rolling Closure Areas specified in been assigned to a particular trip Administrator. (1) Once the Regional § 648.81(f)(2)(vi); pursuant to paragraph (b)(6)(iii)(B)(1) of Administrator has made a preliminary (C) NE multispecies DAS restrictions this section, the vessel may not leave determination that the documents other than those required to comply port to begin that trip until the at-sea submitted pursuant to paragraphs (a)(1), with effort controls in other fisheries, as monitor has arrived and boarded the (b)(2), and (b)(3) of this section appear specified in §§ 648.92 and 648.322; and vessel, or the electronic monitoring to comply with the requirements of this (D) The minimum codend mesh size equipment has been properly installed. section, NMFS may consult with the restrictions for trawl gear specified in (B) At-sea/electronic monitoring Council and approve or disapprove § 648.80(a)(4)(i) when using a haddock service provider requirements—(1) Sector operations consistent with the separator trawl defined in Confirmation of pre-trip notification. Administrative Procedure Act and other § 648.85(a)(3)(iii) or the Ruhle trawl Upon receipt of a pre-trip notification applicable law. defined in § 648.85(b)(6)(iv)(J)(3) within pursuant to paragraph (b)(6)(iii)(A) of (2) If a Sector is approved, the the GB RMA, as defined in this section, the service provider shall Regional Administrator shall issue a § 648.80(a)(2), provided Sector vessels inform the vessel operator whether the letter of authorization to each vessel use a codend with 6-inch (15.2-cm) vessel will be monitored by an at-sea operator and/or vessel owner minimum mesh. observer or electronic monitoring participating in the Sector. The letter of (3) The Regional Administrator may equipment for that trip, or will be issued authorization shall authorize withdraw approval of a Sector, after an at-sea/electronic monitoring waiver participation in the Sector operations consultation with the Council, at any for that trip based upon the vessel and may exempt participating vessels time, if it is determined that Sector selection protocol specified in from any Federal fishing regulation, participants are not complying with the paragraph (b)(6)(ii) of this section. except those specified in paragraphs requirements of an approved operations

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plan or that the continuation of the 17. In § 648.89, revise the may transit this area, provided all bait operations plan will undermine introductory text to paragraph (c); revise and hooks are removed from fishing achievement of fishing mortality paragraphs (a), (b)(1), (b)(4), (c)(1)(v), rods and any cod on board has been objectives of the FMP. Withdrawal of and (c)(2)(v); and add paragraphs (c)(5) gutted and stored. approval of a Sector may only be done and (f) to read as follows: * * * * * in a manner consistent with the (2) * * * Administrative Procedure Act and other § 648.89 Recreational and charter/party vessel restrictions. (v) Seasonal GOM cod possession applicable law. prohibition. Persons aboard charter/ (d) Approved Sector allocation (a) Recreational gear restrictions. party fishing vessels permitted under proposals. Eligible NE multispecies Persons aboard charter/party vessels this part and not fishing under the NE vessels, as specified in paragraph (a)(3) permitted under this part and not multispecies DAS program or on a of this section, may participate in the fishing under the DAS program or under Sector trip that are fishing in the GOM Sectors identified in paragraphs (d)(1) the restrictions and conditions of an Regulated Mesh Area specified in through (19) of this section, provided approved Sector operations plan, as § 648.80(a)(1) may not fish for, possess, the operations plan is approved by the specified in § 648.87(c), and recreational or land any cod from November 1 Regional Administrator in accordance fishing vessels in the EEZ, are through April 15. Charter/party vessels with paragraph (c) of this section and prohibited from fishing with more than in possession of cod caught outside the each participating vessel and vessel one line per angler, and must stow all GOM Regulated Mesh Area may transit operator and/or vessel owner complies other fishing gear on board the vessel as this area, provided all bait and hooks with the requirements of the operations specified in § 648.23(b). are removed from fishing rods and any plan, the requirements and conditions (b) * * * cod on board has been gutted and (1) Minimum fish sizes. Unless further specified in the letter of authorization stored. restricted under paragraph (b)(3) of this issued pursuant to paragraph (c) of this * * * * * section, and all other requirements section, persons aboard charter/party vessels permitted under this part and (5) Atlantic wolffish. Possession of specified in this section. All operational Atlantic wolffish by charter/party aspects of these Sectors shall be not fishing under the NE multispecies DAS program or under the restrictions vessels permitted under this part and specified pursuant to the operations not fishing under the NE multispecies plan and Sector contract, as required by and conditions of an approved Sector operations plan, and recreational fishing DAS program and recreational fishing this section. vessels fishing in the EEZ is prohibited. (1) GB Cod Hook Sector. vessels in or possessing fish from the (2) GB Cod Fixed Gear Sector. EEZ, may not possess fish smaller than * * * * * (3) Sustainable Harvest Sector. the minimum fish sizes, measured in (f) Recreational fishery AM—(1) Catch (4) Port Clyde Community Groundfish total length (TL), as follows: evaluation. As soon as recreational Sector. catch data are available for the entire previous fishing year, the Regional (5) Northeast Fishery Sector I. Species Size (6) Northeast Fishery Sector II. (inches) Administrator will evaluate whether (7) Northeast Fishery Sector III. recreational catches exceed any of the (8) Northeast Fishery Sector IV. Cod ...... 22 (55.9 cm). sub-ACLs specified for the recreational (9) Northeast Fishery Sector V. Haddock ...... 18 (45.7 cm). Pollock ...... 19 (48.3 cm). fishery pursuant to § 648.90(a)(4). When (10) Northeast Fishery Sector VI. evaluating recreational catch, the (11) Northeast Fishery Sector VII. Witch flounder (gray 14 (35.6 cm). sole). components of recreational catch that (12) Northeast Fishery Sector VIII. are used shall be the same as those used (13) Northeast Fishery Sector IX. Yellowtail flounder ...... 13 (33.0 cm). American plaice (dab) ... 14 (35.6 cm). in the most recent assessment for that (14) Northeast Fishery Sector X. (15) Northeast Fishery Sector XI. Atlantic halibut ...... 41 (104.1 cm). particular stock. To determine if the Winter flounder 12 (30.5 cm). (16) Northeast Fishery Sector XII. regulated species or ocean pout sub- (blackback). ACL specified for the recreational (17) Northeast Fishery Sector XIII. Redfish ...... 9 (22.9 cm). (18) Tristate Sector. fishery was exceeded, the Regional (19) Northeast Coastal Communities Administrator shall compare the 3-year * * * * * Sector. average of recreational catch to the 3- 16. In § 648.88, revise paragraph (a)(1) (4) Fish fillets, or parts of fish, must year average of the recreational sub-ACL to read as follows: have at least 2 square inches (5.1 square for each stock, as follows: cm) of skin on while possessed on board (i) For fishing year 2010, recreational § 648.88 Multispecies open access permit a vessel and at the time of landing in catch shall be compared to the restrictions. order to meet minimum size recreational sub-ACL for that stock for (a) * * * requirements. The skin must be fishing year 2010. (1) The vessel may possess and land contiguous and must allow ready (ii) For fishing year 2011, the average up to 200 lb (90.7 kg) of cod and up to identification of the fish species. recreational catch for fishing years 2010 the landing and possession limit * * * * * and 2011 shall be compared to the restrictions for other NE multispecies (c) Possession restrictions. average recreational sub-ACLs for that specified in § 648.86, provided the (1) * * * stock during fishing years 2010 and vessel complies with the restrictions (v) Seasonal GOM cod possession 2012. specified in paragraph (a)(2) of this prohibition. Persons aboard private (iii) Starting in fishing year 2012, the section. Should the GOM cod trip limit recreational fishing vessels fishing in 3-year average recreational catch shall specified in § 648.86(b)(1) be adjusted in the GOM Regulated Mesh Area specified be compared to the 3-year average of the the future, the cod trip limit specified in in § 648.80(a)(1) may not fish for or recreational sub-ACLs for that stock. this paragraph (a)(1) shall be adjusted possess any cod from November 1 (2) Measure adjustment. If it is proportionally (rounded up to the through April 15. Private recreational determined that any recreational sub- nearest 25 lb (11.3 kg)). vessels in possession of cod caught ACL was exceeded, as specified in * * * * * outside the GOM Regulated Mesh Area paragraph (f)(1) of this section, the

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Regional Administrator, after primarily from the NEFSC. Data for Category C DAS, and DAS baselines, consultation with the New England provided by states, ASMFC, the USCG, adjustments for steaming time, etc.; Fishery Management Council, shall and other sources may also be modifications to capacity measures, develop measures necessary to prevent considered by the PDT. Based on this such as changes to the DAS transfer or the recreational fishery from exceeding review, the PDT will develop ACLs for DAS leasing measures; calculation of the appropriate sub-ACL in future years. the upcoming fishing year(s) as area-specific ACLs, area management Appropriate AMs for the recreational described in paragraph (a)(4) of this boundaries, and adoption of area- fishery, including adjustments to fishing section and develop options for specific management measures; Sector season, minimum fish size, or consideration by the Council if allocation requirements and possession limits, may be implemented necessary, on any changes, adjustments, specifications, including the in a manner consistent with the or additions to DAS allocations, closed establishment of a new Sector, the Administrative Procedure Act, with areas, or other measures necessary to disapproval of an existing Sector, and final measures published in the Federal rebuild overfished stocks and achieve the allowable percent of ACL available Register no later than January when the FMP goals and objectives, including to a Sector through a Sector allocation; possible. Separate AMs shall be changes to the Northeast Region SBRM. Sector administration provisions, developed for the private and charter/ (ii) The PDT shall review available including at-sea and dockside party components of the recreational data pertaining to: Catch and landings, monitoring measures; Sector reporting fishery. discards, DAS allocations, DAS use, requirements; measures to implement 18. In § 648.90, revise the Sector operations, and other measures of the U.S./Canada Resource Sharing introductory text for this section and fishing effort; survey results; stock Understanding, including any specified paragraph (a); revise paragraphs (a)(2)(i) status; current estimates of fishing TACs (hard or target); changes to through (iv), (a)(2)(vi), and (c)(1)(i); and mortality and overfishing levels; social administrative measures; additional add paragraphs (a)(4) through (6) to read and economic impacts; enforcement uses for Regular B DAS; reporting as follows: issues; and any other relevant requirements; the GOM Inshore information. Conservation and Management § 648.90 NE multispecies assessment, (iii) Based on this review, the PDT framework procedures, setting of ACLs and Stewardship Plan; adjustments to the shall recommend ACLs and develop Handgear A or B permits; gear other allocations, AMs, specifications, and options necessary to achieve the FMP flexible area action system. requirements to improve selectivity, goals and objectives, which may include For the NE multispecies framework reduce bycatch, and/or reduce impacts a preferred option. The PDT must of the fishery on EFH; SAP specification process described in this demonstrate through analyses and section, the regulated species and ocean modifications; revisions to the ABC documentation that the options they control rule and status determination pout biennial review is considered a develop are expected to meet the FMP criteria, including, but not limited to, separate process from the small-mesh goals and objectives. The PDT may changes in the target fishing mortality species annual review, as described review the performance of different user rates, minimum biomass thresholds, under paragraphs (a)(2) and (b), groups or fleet Sectors in developing numerical estimates of parameter respectively, of this section. In addition, options. The range of options developed values, and the use of a proxy for the process for specifying ABCs and by the PDT may include any of the biomass may be made either through a associated ACLs for regulated species management measures in the FMP, biennial adjustment or framework and ocean pout, as described in including, but not limited to: ACLs, adjustment; and any other measures paragraph (a)(4) of this section, is which must be based on the projected currently included in the FMP. considered a separate process from the fishing mortality levels required to meet small-mesh species ABC and ACL the goals and objectives outlined in the (iv) The Council shall review the process. FMP for the 12 regulated species and ACLs recommended by the PDT and all (a) NE multispecies. For the purpose ocean pout if able to be determined; of the options developed by the PDT of this paragraph (a), the term ‘‘NE identification and distribution of ACLs and other relevant information; consider multispecies fishery’’ is defined as and other sub-components of the ACLs public comment; and develop a common pool vessels, Sector vessels, among various segments of the fishery; recommendation to meet the FMP and private recreational and charter/ AMs; DAS changes; possession limits; objectives pertaining to regulated party vessels, as defined in this part; the gear restrictions; closed areas; species or ocean pout that is consistent term ‘‘NE multispecies commercial permitting restrictions; minimum fish with applicable law. If the Council does fishery’’ is defined as vessels issued a sizes; recreational fishing measures; not submit a recommendation that limited access NE multispecies permit, description and identification of EFH; meets the FMP objectives and is or an open access NE multispecies fishing gear management measures to consistent with applicable law, the Handgear B permit; and the term ‘‘NE protect EFH; designation of habitat areas Regional Administrator may adopt any multispecies recreational fishery’’ is of particular concern within EFH; and option developed by the PDT, unless defined as private recreational vessels changes to the Northeast Region SBRM, rejected by the Council, as specified in and charter or party boats, as further including the CV-based performance paragraph (a)(2)(vii) of this section, defined in this part. standard, the means by which discard provided the option meets the FMP * * * * * data are collected/obtained, fishery objectives and is consistent with (2) * * * stratification, reports, and/or industry- applicable law. (i) The NE multispecies PDT shall funded observers or observer set-aside * * * * * meet on or before September 30 every programs. In addition, the following (vi) If the Council submits, on or other year, unless otherwise specified in conditions and measures may be before December 1, a recommendation paragraph (a)(3) of this section, under adjusted through future framework to the Regional Administrator after one the conditions specified in that adjustments: Revisions to DAS Council meeting, and the Regional paragraph, to perform a review of the measures, including DAS allocations Administrator concurs with the fishery, using the most current scientific (such as the distribution of DAS among recommendation, the Regional information available provided the four categories of DAS), future uses Administrator shall publish the

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Council’s recommendation in the information. The PDT recommendations After receipt of the Council Federal Register as a proposed rule with shall be reviewed by the SSC. Guided by recommendation for ACLs, either as part a 30-day public comment period. The terms of reference developed by the of a new management action or as part Council may instead submit its Council, the SSC shall either concur of a specification package, as described recommendation on or before February with the ABC recommendations in paragraph (a)(5) of this section, 1, if it chooses to follow the framework provided by the PDT, or provide NMFS shall review the Council’s process outlined in paragraph (c) of this alternative recommendations for each decision and, if consistent with section, and requests that the Regional stock of regulated species or ocean pout applicable law, implement the ACL in a Administrator publish the and describe the elements of scientific manner consistent with the recommendation as a final rule, in a uncertainty used to develop its Administrative Procedure Act. manner consistent with the recommendations. Should the SSC (iii) ABC/ACL distribution. The ABCs/ Administrative Procedure Act. If the recommend an ABC that differs from ACLs adopted by the Council for each Regional Administrator concurs that the that originally recommend by the PDT, regulated species or ocean pout stock Council’s recommendation meets the the PDT shall revise its ACL pursuant to this paragraph (a)(4) shall be FMP objectives and is consistent with recommendations if necessary to be subdivided among the various sub- other applicable law, and determines consistent with the ABC components of the fishery, as specified that the recommended management recommendations made by the SSC. In in paragraphs (a)(4)(iii)(A) through (E) of measures should be published as a final addition to consideration of ABCs, the this section. For transboundary stocks rule, the action will be published as a SSC may consider other related issues managed by the Understanding, final rule in the Federal Register, in a specified in the terms of reference pursuant to § 648.85(a), the distribution manner consistent with the developed by the Council, including, of ABC/ACLs described in paragraphs Administrative Procedure Act. If the but not limited to, OFLs, ACLs, and (a)(4)(iii)(A) through (E) of this section Regional Administrator concurs that the management uncertainty. shall be based upon the catch available recommendation meets the FMP (B) ACL recommendations. The PDT to U.S. fishermen. The Council may objectives and is consistent with other shall develop ACL recommendations revise its recommendations for the applicable law and determines that a based upon ABCs recommended by the distribution of ABCs and ACLs among proposed rule is warranted, and, as a SSC and the pertinent recommendations these and other sub-components result, the effective date of a final rule of the Transboundary Management through the process to specify ABCs and falls after the start of the fishing year on Guidance Committee (TMGC). The ACL ACLs, as described in this paragraph May 1, fishing may continue. However, recommendations of the PDT shall be (a)(4). DAS used or regulated species or ocean specified based upon total catch for (A) Regulated species or ocean pout catch by vessels outside of the FMP. The pout landed by a vessel on or after May each stock (including both landings and catch of regulated species or ocean pout 1 will be counted against any DAS or discards), if that information is that is expected to be harvested by Sector ACE allocation the vessel or available. The PDT shall describe the vessels operating in state waters that Sector ultimately receives for that year, steps involved with the calculation of have not been issued a Federal NE as appropriate. the recommended ACLs and uncertainties and risks considered when multispecies permit and are not subject * * * * * developing these recommendations, to the regulations specified in this part (4) Process for setting ABCs and including whether different levels of shall be deducted from the ABC/ACL of ACLs—(i) ABC/ACL recommendations. uncertainties were used for different each regulated species or ocean pout As described in this paragraph (a)(4), sub-components of the fishery and stock pursuant to the process for with the exception of stocks managed by whether ACLs have been exceeded in specifying ABCs and ACLs, as described the Understanding, the PDT shall recent years. Based upon the ABC in this paragraph (a)(4). develop recommendations for setting an recommendations of the SSC and the (B) Regulated species or ocean pout ABC, ACL, and OFL for each NE ACL recommendations of the PDT, the catch by exempted fisheries. Regulated multispecies stock for each of the next Council shall adopt ACLs that are equal species or ocean pout catch by other, 3 years as part of the biennial review to or lower than the ABC recommended non-specified sub-components of the process specified in paragraph (a)(2) of by the SSC to account for management fishery, including, but not limited to, this section. ACLs can also be specified uncertainty in the fishery. exempted fisheries that occur in Federal based upon updated information in the (ii) Timing. The PDT waters and fisheries harvesting annual SAFE report, as described in recommendations for setting ABCs and exempted species specified in paragraph (a)(1) of this section, and ACLs shall be provided to the SSC prior § 648.80(b)(3) shall be deducted from other available information as part of a to the September Council meeting, to the ABC/ACL of each regulated species specification package, as described in the extent possible. The Council shall or ocean pout stock, pursuant to the paragraph (a)(5) of this section. For NE consider the ABC recommendations of process to specify ABCs and ACLs multispecies stocks or stock the SSC and the ACL recommendations described in this paragraph (a)(4). The components managed under both the of the PDT (and TMGC) and shall make catch of these non-specified sub- NE Multispecies FMP and the a decision on those recommendations components of the ACL shall be Understanding, the PDT shall develop prior to December 1, to the extent monitored using data collected pursuant recommendations for ABCs, ACLs, and possible. Once the Council has to this part. If catch from such fisheries OFLs for the pertinent stock or stock approved its recommended ACLs, they exceeds the amount specified in this components annually, as described in shall be submitted to NMFS prior to paragraph (a)(4)(iii)(B), AMs shall be this paragraph (a)(4) and § 648.85(a)(2). December 1, to the extent possible for developed to prevent the overall ACL (A) ABC recommendations. The PDT approval and implementation. If the for each stock from being exceeded, shall develop ABC recommendations Council is submitting a management pursuant to the framework adjustment based on the ABC control rule, the action as part of the biennial adjustment process specified in this section. fishing mortality rate necessary to process, the ACLs can be included in (C) Yellowtail flounder catch by the rebuild the stock, guidance from the that document along with any necessary Atlantic sea scallop fishery. Yellowtail SSC, and any other available analysis required by applicable law. flounder catch in the Atlantic sea

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scallop fishery, as defined in subpart D, if it is determined that, based upon and other available information, as shall be deducted from the ABC/ACL for available information, the ACLs for specified in this part. Regulated species each yellowtail flounder stock pursuant these stocks are not being fully or ocean pout discards by vessels on a to the restrictions specified in subpart D harvested by the NE multispecies Sector trip shall be monitored pursuant of this part and the process to specify fishery, or if the recreational harvest, to paragraph (b)(1)(v)(A) of this section. ABCs and ACLs, as described in after accounting for state waters catch (v) Adjustments to ACLs. The Council paragraph (a)(4) of this section. Unless pursuant to paragraph (a)(4)(iii)(A) of may elect to revise the ACL for any otherwise specified in subpart D of this this section, is less than 5 percent of the regulated species or ocean pout stock in part, the specific value of the sub- overall catch for a particular stock of the second fishing year following a components of the ABC/ACL for each regulated species or ocean pout. biennial review to account for any stock of yellowtail flounder distributed (2) Commercial allocation. The ABC/ overages of an ACL in year one that may to the Atlantic sea scallop fishery shall ACL for regulated species or ocean pout result in overfishing for a particular be specified pursuant to the biennial stocks available to the commercial NE stock. Any adjustments to the ACLs in adjustment process specified in multispecies fishery, after consideration year two will be implemented pursuant paragraph (a)(2) of this section. At a of the recreational allocation pursuant to the process to specify ABCs and minimum, these values must be to paragraph (a)(4)(iii)(E)(1) of this ACLs, as described in paragraph (a)(4) of consistent with the incidental catch section, shall be divided between this section. amounts for yellowtail flounder vessels operating under approved Sector (5) AMs. Except as specified in specified for the closed area access operations plans, as described at paragraphs (a)(4)(iii)(A) and (D) of this programs described in §§ 648.60(a)(5) § 648.87(c), and vessels operating under section, if any of the ACLs specified in and 648.85(c). the provisions of the common pool, as paragraph (a)(4) of this section are (D) Haddock catch by the Atlantic defined in this part, based upon the exceeded based upon available catch herring fishery. The GOM and GB cumulative PSCs of vessels participating information, the AMs specified in haddock ABC/ACL shall each be in Sectors calculated pursuant to paragraphs (a)(5)(i) and (ii) of this reduced by 0.2 percent to account for § 648.87(b)(1)(i)(E). Unless otherwise section shall take effect in the following haddock bycatch in the Atlantic herring specified in paragraph (a)(5) of this fishing year, or as soon as practicable, fishery, pursuant to the restrictions at section, regulated species or ocean pout thereafter, once catch data for all §§ 648.85(d) and 648.86(a)(3) and catch by common pool and Sector affected fisheries are available, as pursuant to the process for specifying vessels shall be deducted from the sub- applicable. ABCs and ACLs described in this ACL/ACE allocated pursuant to this (i) AMs for the NE multispecies paragraph (a)(4). paragraph (a)(4)(iii)(E)(2) for the commercial and recreational fisheries. If (E) Regulated species or ocean pout purposes of determining whether the catch of regulated species or ocean catch by the NE multispecies adjustments to common pool measures pout by a sub-component of the NE commercial and recreational fisheries. are necessary, pursuant to the common multispecies fishery (i.e., common pool Unless otherwise specified in the ACL pool AMs specified in § 648.82(n), or vessels, Sector vessels, or private recommendations developed pursuant whether Sector ACE overages must be recreational and charter/party vessels) to paragraph (a)(4)(i)(B), after all of the deducted, pursuant to § 648.87(b)(1)(iii). exceeds the amount allocated to each deductions and considerations specified (3) Revisions to commercial and sub-component, as specified in in paragraphs (a)(4)(iii)(A) through (D) recreational allocations. Distribution of paragraph (a)(4)(iii)(E) of this section, of this section, the remaining ABC/ACL the ACL for each stock available to the then the applicable AM for that sub- for each regulated species or ocean pout NE multispecies fishery between and component of the fishery shall take stock shall be allocated to the NE among commercial and recreational effect, pursuant to paragraphs multispecies commercial fishery, components of the fishery may be (a)(5)(i)(A) through (C) of this section. In pursuant to this paragraph (a)(4)(iii)(E). implemented through a framework determining the applicability of AMs (1) Recreational allocation. Unless adjustment pursuant to this section. specified for a sub-component of the NE otherwise specified in paragraph (a)(5) Any changes to the distribution of ACLs multispecies fishery in paragraphs of this section, recreational catches shall to the NE multispecies fishery shall not (a)(5)(i)(A) through (C) of this section, be compared to the ACLs allocated affect the implementation of AMs based the Regional Administrator shall pursuant to this paragraph upon the distribution in effect at the consider available information regarding (a)(4)(iii)(E)(1) for the purposes of time of the overage that triggered the the catch of regulated species and ocean determining whether adjustments to AM. pout by each sub-component of the NE recreational measures are necessary, (iv) ACL monitoring—(A) Landings. multispecies fishery, plus each sub- pursuant to the recreational fishery AMs For the purposes of monitoring the component’s share of any overage of the specified in § 648.89(f). catch of regulated species or ocean pout overall ACL for a particular stock (i) Stocks allocated. Unless otherwise towards the harvest of ACLs and other, caused by excessive catch by vessels specified in this paragraph non-specified sub-components of the outside of the FMP, exempted fisheries, (a)(4)(iii)(E)(1), the ABCs/ACLs for GOM ACLs specified in paragraph (a)(4) of or the Atlantic sea scallop fishery, as cod and GOM haddock available to the this section, the reporting requirements specified in this paragraph (a)(5), as NE multispecies fishery pursuant to specified in this part, including dealer appropriate. paragraph (a)(4)(iii)(E) of this section reports, VTRs, VMS catch reports, (A) Excessive catch by common pool shall be divided between commercial Sector catch reports, and other available vessels. If the catch of regulated species and recreational components of the information shall be used to identify and ocean pout by common pool vessels fishery, based upon the average and apportion regulated species or exceeds the amount of the ACL proportional catch of each component ocean pout landings by stock area. specified for common pool vessels for each stock during fishing years 2001 (B) Discards. Unless otherwise pursuant to paragraph (a)(4)(iii)(E)(2) of through 2006. specified in this paragraph (a)(4)(iv)(B), this section, then the AMs described in (ii) Process for determining if a regulated species or ocean pout discards § 648.82(n) shall take effect. If such recreational allocation is necessary. A shall be monitored through the use of catch does not exceed the portion of the recreational allocation may not be made VTRs, observer data, VMS catch reports, ACL specified for common pool vessels

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pursuant to paragraph (a)(4)(iii)(E)(2) of stock’s ACL available to the NE NMFS shall review the this section, then no AMs shall take multispecies fishery. If the total catch of recommendations and publish proposed effect for common pool vessels. that stock by any component of the NE specifications in a manner consistent (B) Excessive catch by Sector vessels. multispecies fishery exceeds the amount with the Administrative Procedure Act. If the catch of regulated species and of the ACL specified for that component If the proposed specifications differ ocean pout by Sector vessels exceeds of the NE multispecies fishery pursuant from those recommended by the the amount of the ACL specified for to paragraph (a)(4)(iii)(E) of this section, Council, the reasons for any differences Sector vessels pursuant to paragraph then the AMs specified in paragraphs shall be clearly stated. (a)(4)(iii)(E)(2) of this section, then the (a)(5)(i)(A) through (C) of this section (iv) Analysis. Any specifications AMs described in § 648.87(b)(1)(iii) shall take effect, as applicable. If the package developed pursuant to this shall take effect. For the purposes of this catch of any stock of regulated species paragraph (a)(5) shall be supported by paragraph (a)(5)(i)(B), the catch of or ocean pout by vessels outside of the the appropriate NEPA analysis, which regulated species and ocean pout for FMP exceeds the sub-component of the shall be made available for public each Sector approved pursuant to ACL for that stock specified pursuant to comment. § 648.87 shall be based upon the catch paragraphs (a)(4)(iii)(A) through (C) of (c) * * * of vessels participating in each this section, but the overall ACL for that (1) * * * approved Sector. If such catch does not stock is not exceeded, even after (i) After a management action has exceed the portion of the ACL specified consideration of the catch of that stock been initiated, the Council shall develop for an individual Sector pursuant to by other sub-components of the fishery, and analyze appropriate management paragraph (a)(4)(iii)(E)(2) of this section, then the AMs specified in this actions over the span of at least two then no AMs shall take effect for that paragraph (a)(5)(ii) shall not take effect. Council meetings. The Council shall Sector. (6) Specifications process—(i) PDT provide the public with advance notice (C) Excessive catch by the NE recommendations. Unless otherwise of the availability of both the proposals multispecies recreational fishery. If the developed pursuant to the biennial and the analyses and opportunity to catch of regulated species and ocean review process specified in paragraph comment on them prior to and at the pout by private recreational and charter/ (a)(2) of this section, the PDT shall second Council meeting. The Council’s party vessels exceeds the amount of the develop recommendations for setting recommendation on adjustments or ACL specified for the recreational ACLs for each regulated species or additions to management measures, fishery pursuant to paragraph ocean pout, including ACLs for stocks other than to address gear conflicts, (a)(4)(iii)(E)(1) of this section, then the managed by the Understanding; revising must come from one or more of the AMs described in § 648.89(f) shall take rebuilding programs and associated following categories: DAS changes, effect. If such catch does not exceed the management measures; or modifying effort monitoring, data reporting, portion of the ACL specified for the AMs for consideration by the Council’s possession limits, gear restrictions, recreational fishery pursuant to Groundfish Oversight Committee based closed areas, permitting restrictions, paragraph (a)(4)(iii)(E)(1) of this section, upon the SAFE report prepared crew limits, minimum fish sizes, then no AMs shall take effect for the pursuant to paragraph (a)(1) of this onboard observers, minimum hook size recreational fishery. section. If the Council determines, based and hook style, the use of crucifer in the (ii) AMs if the overall ACL for a on information provided by the PDT or hook-gear fishery, Sector requirements, regulated species or ocean pout stock is other stock-related information, that the recreational fishing measures, area exceeded. If the catch of any stock of ACLs should be adjusted between closures and other appropriate measures regulated species or ocean pout by biennial reviews, it can do so through to mitigate marine mammal vessels fishing outside of the NE the same process outlined in this entanglements and interactions, multispecies fishery, including the section during the interim year. description and identification of EFH, catch of regulated species or ocean pout (ii) Guidelines. As the basis for its fishing gear management measures to by vessels fishing in state waters outside recommendations under paragraph protect EFH, designation of habitat areas of the FMP, or in exempted fisheries, as (a)(5)(i) of this section, the PDT shall of particular concern within EFH, defined in this part, or the catch of review available data pertaining to: changes to the Northeast Region SBRM, yellowtail flounder by the Atlantic sea Commercial and recreational catch data; and any other management measures scallop fishery, exceeds the sub- current estimates of fishing mortality; currently included in the FMP. In component of the ACL for that stock discards; stock status; recent estimates addition, the Council’s recommendation specified for such fisheries pursuant to of recruitment; virtual population on adjustments or additions to paragraphs (a)(4)(iii)(A) through (C) of analysis results and other estimates of management measures pertaining to this section, and the overall ACL for that stock size; sea sampling and trawl small-mesh NE multispecies, other than stock is exceeded, then the amount of survey data or, if sea sampling data are to address gear conflicts, must come the overage of the overall ACL for that unavailable, length frequency from one or more of the following stock shall be distributed among information from trawl surveys; impact categories: Quotas and appropriate components of the NE multispecies of other fisheries on herring mortality; seasonal adjustments for vessels fishing fishery based upon each component’s and any other relevant information. in experimental or exempted fisheries share of that stock’s ACL available to the (iii) Groundfish Oversight Committee that use small mesh in combination NE multispecies fishery pursuant to recommendations. Based on the PDT’s with a separator trawl/grate (if paragraph (a)(4)(iii)(E) of this section. recommendations and any public applicable), modifications to separator Each component’s share of the ACL comment received, the Groundfish grate (if applicable) and mesh overage for a particular stock would be Oversight Committee shall recommend configurations for fishing for small- then added to the catch of that stock by to the Council appropriate mesh NE multispecies, adjustments to each component of the NE multispecies specifications for a period of at least 1 whiting stock boundaries for fishery to determine if the resulting sum year. The Council shall review these management purposes, adjustments for of catch of that stock for each recommendations and, after considering fisheries exempted from minimum mesh component of the fishery exceeds that public comment, shall recommend requirements to fish for small-mesh NE individual component’s share of that appropriate specifications to NMFS. multispecies (if applicable), season

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adjustments, declarations, participation (including the CV-based performance funded observers or observer set-aside requirements for the Cultivator Shoal standard, the means by which discard programs). Whiting Fishery Exemption Area, and data are collected/obtained, fishery * * * * * changes to the Northeast Region SBRM stratification, reports, and/or industry- [FR Doc. E9–29854 Filed 12–22–09; 11:15 am] BILLING CODE 3510–22–P

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Part III

Department of Housing and Urban Development Notice of Regulatory Waiver Requests Granted for the Third Quarter of Calendar Year 2009; Notice

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DEPARTMENT OF HOUSING AND 3. Not less than quarterly, the § 58.74 would appear sequentially in the URBAN DEVELOPMENT Secretary must notify the public of all listing under § 58.73. waivers of regulations that HUD has Waiver of regulations that involve the [Docket No. FR–5324–N–03] approved, by publishing a notice in the same initial regulatory citation are in Notice of Regulatory Waiver Requests Federal Register. These notices (each time sequence beginning with the Granted for the Third Quarter of covering the period since the most earliest-dated regulatory waiver. Calendar Year 2009 recent previous notification) shall: Should HUD receive additional a. Identify the project, activity, or information about waivers granted AGENCY: Office of the General Counsel, undertaking involved; during the period covered by this report HUD. b. Describe the nature of the provision (the third quarter of calendar year 2009) ACTION: Notice. waived and the designation of the before the next report is published (the provision; fourth quarter of calendar year 2009), SUMMARY: Section 106 of the Department c. Indicate the name and title of the HUD will include any additional of Housing and Urban Development person who granted the waiver request; waivers granted for the second quarter Reform Act of 1989 (the HUD Reform d. Describe briefly the grounds for in the next report. Act) requires HUD to publish quarterly approval of the request; and Accordingly, information about Federal Register notices of all e. State how additional information approved waiver requests pertaining to regulatory waivers that HUD has about a particular waiver may be HUD regulations is provided in the approved. Each notice covers the obtained. Appendix that follows this notice. quarterly period since the previous Section 106 of the HUD Reform Act Dated: December 23, 2009. Federal Register notice. The purpose of also contains requirements applicable to Helen R. Kanovsky, this notice is to comply with the waivers of HUD handbook provisions General Counsel. requirements of section 106 of the HUD that are not relevant to the purpose of Reform Act. This notice contains a list this notice. Appendix of regulatory waivers granted by HUD This notice follows procedures Listing of Waivers of Regulatory during the period beginning on July 1, provided in HUD’s Statement of Policy Requirements Granted by Offices of the 2009 and ending on September 30, on Waiver of Regulations and Directives Department of Housing and Urban 2009. issued on April 22, 1991 (56 FR 16337), Development July 1, 2009 Through FOR FURTHER INFORMATION CONTACT: For as revised and updated by the notice September 30, 2009 general information about this notice, issued on December 17, 2008 (73 FR Note to Reader: More information contact Camille E. Acevedo, Associate 76674). In accordance with those about the granting of these waivers, General Counsel for Legislation and procedures and with the requirements including a copy of the waiver request Regulations, Office of General Counsel, of section 106 of the HUD Reform Act, and approval, may be obtained by Department of Housing and Urban waivers of regulations are granted by the contacting the person whose name is Development, 451 7th Street, SW., Assistant Secretary with jurisdiction listed as the contact person directly after Room 10282, Washington, DC 20410– over the regulations for which a waiver each set of regulatory waivers granted. 0500, telephone 202–708–1793 (this is was requested. In those cases in which The regulatory waivers granted appear not a toll-free number). Persons with a General Deputy Assistant Secretary in the following order: hearing- or speech-impairments may granted the waiver, the General Deputy access this number through TTY by Assistant Secretary was serving in the I. Regulatory waivers granted by the Office of calling the toll-free Federal Information absence of the Assistant Secretary in Community Planning and Development II. Regulatory waivers granted by the Office Relay Service at 800–877–8339. accordance with the office’s Order of of Housing For information concerning a Succession. III. Regulatory waivers granted by the Office particular waiver that was granted and This notice covers waivers of of Public and Indian Housing for which public notice is provided in regulations granted by HUD from July 1, this document, contact the person 2009 through September 30, 2009. For I. Regulatory Waivers Granted by the whose name and address follow the ease of reference, the waivers granted by Office of Community Planning and description of the waiver granted in the HUD are listed by HUD program office Development accompanying list of waivers that have (for example, the Office of Community For further information about the been granted in the third quarter of Planning and Development, the Office following regulatory waivers, please see calendar year 2009. of Fair Housing and Equal Opportunity, the name of the contact person that SUPPLEMENTARY INFORMATION: the Office of Housing, and the Office of immediately follows the description of Section 106 of the HUD Reform Act Public and Indian Housing, etc.). Within the waiver granted. added a new section 7(q) to the each program office grouping, the • Regulation: 24 CFR 92.500 (d)(1)(C). Department of Housing and Urban waivers are listed sequentially by the Project/Activity: The City of Port Development Act (42 U.S.C. 3535(q)), regulatory section of title 24 of the Code Arthur, Texas requested a waiver of its which provides that: of Federal Regulations (CFR) that is June 30, 2009, deadline for expending 1. Any waiver of a regulation must be being waived. For example, a waiver of more than $31,000 of HOME Investment in writing and must specify the grounds a provision in 24 CFR part 58 would be Partnerships program funds. for approving the waiver; listed before a waiver of a provision in Disruptions caused by hurricanes Rita 2. Authority to approve a waiver of a 24 CFR part 570. and Ike caused delays in committing regulation may be delegated by the Where more than one regulatory and expending HOME funds. Secretary only to an individual of provision is involved in the grant of a Nature of Requirement: The HOME Assistant Secretary or equivalent rank, particular waiver request, the action is regulations at 24 CFR 92.500(d)(1)(C) and the person to whom authority to listed under the section number of the require that a participating jurisdiction waive is delegated must also have first regulatory requirement that appears (PJ) expend its annual allocation of authority to issue the particular in 24 CFR and that is being waived. For HOME funds within five years after regulation to be waived; example, a waiver of both § 58.73 and HUD notifies the PJ that HUD has

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executed the jurisdiction’s HOME (Recovery Act), issued March 19, 2009 The State requested an extension of the Investment Partnerships Agreement. (HPRP Notice). submission deadline in order to fully Granted By: Mercedes M. Ma´rquez, Project/Activity: Homelessness develop the HPRP program in light of Assistant Secretary for Community Prevention and Rapid Re-Housing HUD’s clarifications and to provide Planning and Development. Program (HPRP) grantee, the City of adequate notice and opportunity for Date Granted: September 25, 2009. Columbia, South Carolina, requested a citizen participation in finalizing the Reason Waived: The waiver of the waiver of the application deadline. Substantial Amendment. HUD granted City’s FY 2004 HOME expenditure Nature of Requirement: Section IV.E.3 the requested waiver upon this showing deadline ensures that funds necessary of the HPRP Notice provides that each of good cause. for recovery from two major disasters eligible HPRP grantee must ensure that Contact: Ann M. Oliva, Director, are not deobligated. its complete application is postmarked Office of Special Needs Assistance Contact: Ms. Virginia Sardone, no later than May 18, 2009, in order to Programs, Office of Community Deputy Director, Office of Affordable receive funding. Planning and Development, Department Housing Programs, Office of Community Granted By: Nelson R. Bregon, of Housing and Urban Development, and Urban Development, Office of General Deputy Assistant Secretary for 451 Seventh Street, SW., Room 7262, Housing and Urban Development, Community Planning Development. Washington, DC 20410–7000, telephone Department of Housing and Urban Date Granted: June 25, 2009. number (202) 708–4300. Development, 451 Seventh Street, SW., Reason Waived: Due to a recent • Regulation: Notice of Allocations, Room 7164, Washington, DC 20410– reorganization of the City’s Community Application Procedures, and 7000, telephone number (202) 708– Development Department, the City was Requirements for Homelessness 2470. unable to submit a Substantial Prevention and Rapid Re-Housing • Regulation: Notice of Allocations, Amendment to its 2008 Consolidated Program Grantees under the American Application Procedures, and Action Plan by May 18, 2009, deadline. Recovery and Reinvestment Act of 2009 Requirements for Homelessness HUD approved this waiver because the (Recovery Act), issued March 19, 2009 Prevention and Rapid Re-Housing need for the waiver was due to an (HPRP Notice). Program Grantees under the American unavoidable administrative barrier. The Project/Activity: Homelessness Recovery and Reinvestment Act of 2009 City hand-delivered its Amendment to Prevention and Rapid Re-Housing (Recovery Act), issued March 19, 2009 the local Field Office on May 19, 2009. Program (HPRP) grantee, the City of (HPRP Notice). Contact: Ann M. Oliva, Director, Portland, Oregon requested a waiver of Project/Activity: Homelessness Office of Special Needs Assistance the limitation on eligible subgrantees in Prevention and Rapid Re-Housing Programs, Office of Community order to subgrant HPRP funds to a local Program (HPRP) grantee, the City of Planning and Development, Department public housing authority (PHA). Jamestown, New York, requested a of Housing and Urban Development, Nature of Requirement: Subsections waiver of the application deadline. 451 Seventh Street, SW., Room 7262, III.B and III.C of the HPRP Notice Nature of Requirement: Section IV.E.3 Washington, DC 20410–7000, telephone provides that metropolitan cities, urban of the HPRP Notice provides that each number (202) 708–4300. counties, and territories may distribute eligible HPRP grantee must ensure that • Regulation: Notice of Allocations, all or part of their grant amounts to its complete application is postmarked Application Procedures, and private non-profit organizations or no later than May 18, 2009, in order to Requirements for Homelessness another local government. receive funding. Prevention and Rapid Re-Housing Granted By: Mercedes Marquez, Granted By: Nelson R. Bregon, Program Grantees under the American Assistant Secretary for Community General Deputy Assistant Secretary for Recovery and Reinvestment Act of 2009 Planning and Development. Community and Planning Development. (Recovery Act), issued March 19, 2009 Date Granted: July 27, 2009. Date Granted: June 25, 2009. (HPRP Notice). Reason Waived: The City provided Reason Waived: HUD approved the Project/Activity: Homelessness sufficient information for HUD to grant waiver because an extension of the Prevention and Rapid Re-Housing the waiver on the basis of the following: application deadline would enable the Program (HPRP) grantee, the State of (1) HPRP participants will be selected in City of Jamestown to fully develop an South Dakota, requested a waiver of the a manner that will ensure PHA residents HPRP program by involving the local application deadline. are not unfairly selected over other Continuum of Care partners through the Nature of Requirement: Section IV.E.3 eligible individuals and families; (2) Chautauqua County Homeless Coalition of the HPRP Notice provides that each utilizing the PHA as a subgrantee will and providing adequate notice and eligible HPRP grantee must ensure that result in an efficient and effective opportunity for citizen participation in its complete application is postmarked program that benefits HPRP finalizing the Substantial Amendment. no later than May 18, 2009, in order to participants; and (3) the PHA has Contact: Ann M. Oliva, Director, receive funding. proven capacity to serve homeless Office of Special Needs Assistance Granted By: Mercedes Marquez, persons. Programs, Office of Community Assistant Secretary of Community Contact: Ann M. Oliva, Director, Planning and Development, Department Planning and Development. Office of Special Needs Assistance of Housing and Urban Development, Date Granted: July 27, 2009. Programs, Office of Community 451 Seventh Street, SW., Room 7262, Reason Waived: HUD presented Planning and Development, Department Washington, DC 20410–7000, telephone additional clarifications on the HPRP of Housing and Urban Development, number (202) 708–4300. program during the time the State held 451 Seventh Street, SW., Room 7262, • Regulation: Notice of Allocations, its public comment period for its Washington, DC 20410–7000, telephone Application Procedures, and Substantial Amendment. In response to number (202) 708–4300. Requirements for Homelessness HUD clarifications, the State initiated • Regulation: Notice of Allocations, Prevention and Rapid Re-Housing modifications to its Substantial Application Procedures, and Program Grantees under the American Amendment and invited public Requirements for Homelessness Recovery and Reinvestment Act of 2009 comments on its modified Amendment. Prevention and Rapid Re-Housing

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Program Grantees under the American of the Substantial Amendment to the • Regulation: Notice of Allocations, Recovery and Reinvestment Act of 2009 Consolidated Plan 2008 Action Plan for Application Procedures, and (Recovery Act), issued March 19, 2009 HPRP because it was not responsive to Requirements for Homelessness (HPRP Notice). one question. The revision was due on Prevention and Rapid Re-Housing Project/Activity: Homelessness July 3, 2009, but the City indicated that Program Grantees under the American Prevention and Rapid Re-Housing the mayor is the authorized Recovery and Reinvestment Act of 2009 Program (HPRP) grantee, City of Mobile, representative for the application and (Recovery Act), issued March 19, 2009 Alabama requested a waiver of the was unavailable to sign the grantee’s (HPRP Notice). limitation on eligible subgrantees in revised Substantial Amendment for Project/Activity: Homelessness order to subgrant HPRP funds to a local HPRP by the due date of July 3, 2009. Prevention and Rapid Re-Housing public housing authority (PHA). The city submitted its revision on July Program (HPRP) grantee, County of Los Nature of Requirement: Subsections 8, 2009. HUD approved this waiver Angeles, California requested a waiver III.B and III.C of the HPRP Notice because the need for the waiver was due of the limitation on eligible subgrantees provides that metropolitan cities, urban to an unavoidable administrative in order to subgrant HPRP funds to the counties, and territories may distribute barrier. Los Angeles Homeless Services all or part of their grant amounts to Contact: Ann M. Oliva, Director, Authority (LAHSA). private non-profit organizations or Office of Special Needs Assistance Nature of Requirement: Subsections another local government. Programs, Office of Community III.B. and III.C of the HPRP Notice Granted By: Mercedes Marquez, Planning and Development, Department provides that metropolitan cities, urban Assistant Secretary for Community of Housing and Urban Development, counties, and territories may distribute Planning and Development. 451 Seventh Street, SW., Room 7262, all or part of their grant amounts to Date Granted: July 28, 2009. Washington, DC 20410–7000, telephone private non-profit organizations or Reason Waived: The City provided number (202) 708–4300. another local government. sufficient information for HUD to grant • Regulation: Notice of Allocations, Granted By: Mercedes Marquez, the waiver on the basis of the following: Application Procedures, and Assistant Secretary for Community (1) HPRP participants will be selected in Requirements for Homelessness Planning and Development. a manner that will ensure Housing Prevention and Rapid Re-Housing Date Granted: August 6, 2009. Authority residents are not unfairly Program Grantees under the American Reason Waived: The County provided selected over other eligible individuals Recovery and Reinvestment Act of 2009 sufficient information for HUD to grant and families; (2) utilizing the Housing (Recovery Act), issued March 19, 2009 the waiver on the basis of the following: Authority as a subgrantee will result in (HPRP Notice). (1) HPRP participants will continue to an efficient and effective program that Project/Activity: Homelessness be selected in a fair process; (2) utilizing benefits HPRP participants; and (3) the Prevention and Rapid Re-Housing LAHSA as a subgrantee will result in an Housing Authority has proven capacity Program (HPRP) grantee, County of efficient and effective program that to serve homeless persons. Riverside, California requested a waiver benefits HPRP participants; and (3) Contact: Ann M. Oliva, Director, of the limitation on eligible subgrantees LAHSA has the capacity to implement Office of Special Needs Assistance in order to subgrant HPRP funds to a an HMIS to serve homeless families. Programs, Office of Community local public housing authority (PHA). Contact: Ann M. Oliva, Director, Nature of Requirement: Subsections Planning and Development, Department Office of Special Needs Assistance III.B and III.C of the HPRP Notice of Housing and Urban Development, Programs, Office of Community provides that metropolitan cities, urban 451 Seventh Street, SW., Room 7262, Planning and Development, Department counties, and territories may distribute Washington, DC 20410–7000, telephone of Housing and Urban Development, all or part of their grant amounts to number (202) 708–4300. 451 Seventh Street, SW., Room 7262, private non-profit organizations or • Washington, DC 20410–7000, telephone Regulation: Notice of Allocations, another local government. Application Procedures, and Granted By: Mercedes Marquez, number (202) 708–4300. • Requirements for Homelessness Assistant Secretary for Community Regulation: Notice of Allocations, Prevention and Rapid Re-Housing Planning and Development. Application Procedures, and Program Grantees under the American Date Granted: July 28, 2009. Requirements for Homelessness Recovery and Reinvestment Act of 2009 Reason Waived: The County provided Prevention and Rapid Re-Housing (Recovery Act), issued March 19, 2009 sufficient information for HUD to grant Program Grantees under the American (HPRP Notice). the waiver on the basis of the following: Recovery and Reinvestment Act of 2009 Project/Activity: Homelessness (1) HPRP participants will be selected in (Recovery Act), issued March 19, 2009 Prevention and Rapid Re-Housing a manner that will ensure PHA residents (HPRP Notice). Program (HPRP) grantee, the City of are not unfairly selected over other Project/Activity: Homelessness Saginaw, Michigan, requested a waiver eligible individuals and families; (2) Prevention and Rapid Re-Housing of the resubmission deadline. utilizing the PHA as a subgrantee will Program (HPRP) grantee, City of Nature of Requirement: Section IV.F.2 result in an efficient and effective Oceanside, California requested a of the HPRP Notice provides that each program that benefit HPRP participants; waiver of the limitation on eligible eligible HPRP grantee may revise and and (3) the PHA has proven capacity to subgrantees in order to subgrant HPRP resubmit an application that HUD has serve homeless persons. funds to the Housing Authority of the disapproved within 15 days of the date Contact: Ann M. Oliva, Director, City of Oceanside. that it was notified of the disapproval. Office of Special Needs Assistance Nature of Requirement: Subsections Granted By: Mercedes Marquez, Programs, Office of Community III.B and III.C of the HPRP Notice Assistant Secretary for Community Planning and Development, Department provides that metropolitan cities, urban Planning and Development. of Housing and Urban Development 451 counties, and territories may distribute Date Granted: July 28, 2009. Seventh Street, SW., Room 7262, all or part of their grant amounts to Reason Waived: On June 18, 2009, Washington, DC 20410–7000, telephone private non-profit organizations or HUD disapproved the City’s submission number (202) 708–4300. another local government.

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Granted By: Mercedes Marquez, Programs, Office of Community Nature of Requirement: Subsections Assistant Secretary for Community Planning and Development, Department III.B and III.C of the HPRP Notice Planning and Development. of Housing and Urban Development, provides that metropolitan cities, urban Date Granted: August 6, 2009. 451 Seventh Street, SW., Room 7262, counties, and territories may distribute Reason Waived: The City provided Washington, DC 20410–7000, telephone all or part of their grant amounts to sufficient information for HUD to grant number (202) 708–4300. private non-profit organizations or the waiver on the basis of the following: • Regulation: Notice of Allocations, another local government. (1) HPRP participants will be selected in Application Procedures, and Granted By: Mercedes Marquez, a manner that will ensure Housing Requirements for Homelessness Assistant Secretary for Community Authority residents are not unfairly Prevention and Rapid Re-Housing Planning and Development. selected over other eligible individuals Program Grantees under the American Date Granted: August 6, 2009. and families; (2) utilizing the Housing Recovery and Reinvestment Act of 2009 Reason Waived: The City provided Authority as a subgrantee will result in (Recovery Act), issued March 19, 2009 sufficient information for HUD to grant an efficient and effective program that (HPRP Notice). the waiver on the basis of the following: benefits HPRP participants; and (3) the Project/Activity: Homelessness (1) HPRP participants will be selected in Housing Authority has proven capacity Prevention and Rapid Re-Housing a manner that will ensure Housing to serve homeless persons. Program (HPRP) grantee, City of Authority residents are not unfairly Contact: Ann M. Oliva, Director, Riverside, California requested a waiver selected over other eligible individuals Office of Special Needs Assistance of the limitation on eligible subgrantees and families; (2) utilizing the Housing Programs, Office of Community in order to subgrant HPRP funds to the Authority as a subgrantee will result in Planning and Development, Department Housing Authority of the County of an efficient and effective program that of Housing and Urban Development, Riverside (HACR). benefits HPRP participants; and (3) the 451 Seventh Street, SW., Room 7262, Nature of Requirement: Subsections Housing Authority has proven capacity Washington, DC 20410–7000, telephone III.B and III.C of the HPRP Notice to serve homeless persons. number (202) 708–4300. provides that metropolitan cities, urban Contact: Ann M. Oliva, Director, • Regulation: Notice of Allocations, counties, and territories may distribute Office of Special Needs Programs, Office Application Procedures, and all or part of their grant amounts to of Community Planning and Requirements for Homelessness private non-profit organizations or Development, Department of Housing Prevention and Rapid Re-Housing another local government. and Urban Development, 451 Seventh Program Grantees under the American Granted By: Mercedes Marquez, Street, SW., Room 7262, Washington, Recovery and Reinvestment Act of 2009 Assistant Secretary for Community DC 20410–7000, telephone number (Recovery Act), issued March 19, 2009 Planning and Development. (202) 708–4300. (HPRP Notice). Date Granted: August 6, 2009. • Project/Activity: Homelessness Reason Waived: The City provided Regulation: Notice of Allocations, Prevention and Rapid Re-Housing sufficient information for HUD to grant Application Procedures, and Program (HPRP) grantee, City of Los the waiver on the basis of the following: Requirements for Homelessness Angeles, California requested a waiver (1) HPRP participants will be selected in Prevention and Rapid Re-Housing of the limitation on eligible subgrantees a manner that will ensure HACR Program Grantees under the American in order to subgrant HPRP funds to the residents are not unfairly selected over Recovery and Reinvestment Act of 2009 Los Angeles Homeless Services other eligible individuals and families; (Recovery Act), issued March 19, 2009 Authority (LAHSA) and the Housing (2) utilizing the HACR as a subgrantee (HPRP Notice). Authority of the City of Los Angeles will result in an efficient and effective Project/Activity: Homelessness (HACLA). program that benefits HPRP Prevention and Rapid Re-Housing Nature of Requirement: Subsections participants; and (3) HACR has proven Program (HPRP) grantee, County of III.B and III.C of the HPRP Notice capacity to serve homeless persons. Sonoma, California requested a waiver provides that metropolitan cities, urban Contact: Ann M. Oliva, Director, of the limitation on eligible subgrantees counties, and territories may distribute Office of Special Needs Assistance in order to subgrant HPRP funds to all or part of their grant amounts to Programs, Office of Community Sonoma County Housing Authority private non-profit organizations or Planning and Development, Department (SCHA). another local government. of Housing and Urban Development, Nature of Requirement: Subsections Granted By: Nelson R. Bregon, 451 Seventh Street, SW., Room 7262, III.B and III.C of the HPRP Notice General Deputy Assistant Secretary for Washington, DC 20410–7000, telephone provides that Metropolitan Cities, urban Community Planning and Development. number (202) 708–4300. counties, and territories may distribute Date Granted: August 6, 2009. • Regulation: Notice of Allocations, all or part of their grant amounts to Reason Waived: The City provided Application Procedures, and private non-profit organizations or sufficient information for HUD to grant Requirements for Homelessness another local government. the waiver on the basis of the following: Prevention and Rapid Re-Housing Granted By: Mercedes Marquez, (1) HPRP participants will be selected in Program Grantees under the American Assistant Secretary for Community a manner that will ensure HACLA Recovery and Reinvestment Act of 2009 Planning and Development. residents are not unfairly selected over (Recovery Act), issued March 19, 2009 Date Granted: August 11, 2009. other eligible individuals and families; (HPRP Notice). Reason Waived: The County provided (2) utilizing LAHSA and HACLA as a Project/Activity: Homelessness sufficient information for HUD to grant subgrantee will result in an efficient and Prevention and Rapid Re-Housing the waiver on the basis of the following: effective program that benefits HPRP Program (HPRP) grantee, County of San (1) HPRP participants will be selected in participants; and (3) LAHSA and Diego, California requested a waiver of a manner that will ensure SCHA HACLA have proven capacity to serve the limitation on eligible subgrantees in residents are not unfairly selected over homeless persons. order to subgrant HPRP funds to the other eligible individuals and families; Contact: Ann M. Oliva, Director, Housing Authority of the County of San (2) utilizing SCHA as a subgrantee will Office of Special Needs Assistance Diego. result in an efficient and effective

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program that benefits HPRP Program (HPRP) grantee, City of Authority residents are not unfairly participants; and (3) SCHA has proven Compton, California requested a waiver selected over other eligible individuals capacity to serve homeless persons. of the limitation on eligible subgrantees and families; (2) utilizing the Housing Contact: Ann M. Oliva, Director, in order to subgrant HPRP funds to the Authority as a subgrantee will result in Office of Special Needs Assistance Compton Housing Authority. an efficient and effective program that Programs, Office of Community Nature of Requirement: Subsections benefits HPRP participants; and (3) the Planning and Development, Department III.B and III.C of the HPRP Notice Housing Authority has proven capacity of Housing and Urban Development, provides that metropolitan cities, urban to serve homeless persons. 451 Seventh Street, SW., Room 7262, counties, and territories may distribute Contact: Ann M. Oliva, Director, Washington, DC 20410–7000, telephone all or part of their grant amounts to Office of Special Needs Assistance number (202) 708–4300. private non-profit organizations or Programs, Office of Community • Regulation: Notice of Allocations, another local government. Planning and Development, Department Application Procedures, and Granted By: Mercedes Marquez, of Housing and Urban Development, Requirements for Homelessness Assistant Secretary for Community and 451 Seventh Street, SW., Room 7262, Prevention and Rapid Re-Housing Planning Development. Washington, DC 20410–7000, telephone Program Grantees under the American Date Granted: August 11, 2009. number (202) 708–4300. Recovery and Reinvestment Act of 2009 Reason Waived: The City provided • Regulation: Notice of Allocations, (Recovery Act), issued March 19, 2009 sufficient information for HUD to grant Application Procedures, and (HPRP Notice). the waiver on the basis of the following: Requirements for Homelessness Project/Activity: Homelessness (1) HPRP participants will be selected in Prevention and Rapid Re-Housing Prevention and Rapid Re-Housing a manner that will ensure Housing Program Grantees under the American Program (HPRP) grantee, City of Boise, Authority residents are not unfairly Recovery and Reinvestment Act of 2009 Idaho requested a waiver of the selected over other eligible individuals (Recovery Act), issued March 19, 2009 limitation on eligible subgrantees in and families; (2) utilizing the Housing (HPRP Notice). order to subgrant HPRP funds to the Authority as a subgrantee will result in Project/Activity: Homelessness Boise City/Ada County Housing an efficient and effective program that Prevention and Rapid Re-Housing Authority (BC/ACHA). benefits HPRP participants; and (3) the Program (HPRP) grantee, the Town of Nature of Requirement: Subsections Housing Authority has proven capacity III.B and III.C of the HPRP Notice Union, New York, requested a waiver of to serve homeless persons. the resubmission deadline. provide that metropolitan cities, urban Contact: Ann M. Oliva, Director, counties, and territories may distribute Nature of Requirement: Section IV.F.2 Office of Special Needs Assistance of the HPRP Notice provides that each all or part of their grant amounts to Programs, Office of Community private non-profit organizations or eligible HPRP grantee may revise and Planning and Development, Department resubmit an application that HUD has another local government. of Housing and Urban Development, Granted By: Mercedes Marquez, disapproved within 15 days of the date 451 Seventh Street, SW., Room 7262, Assistant Secretary for Community that it was notified of the disapproval. Washington, DC 20410–7000, telephone Planning and Development. Granted By: Mercedes Marquez, Date Granted: August 11, 2009. number (202) 708–4300. Assistant Secretary for Community Reason Waived: The City provided • Regulation: Notice of Allocations, Planning and Development. sufficient information for HUD to grant Application Procedures, and Date Granted: August 12, 2009. the waiver on the basis of the following: Requirements for Homelessness Reason Waived: The Town of Union (1) HPRP participants will be selected in Prevention and Rapid Re-Housing requested an additional 15 days to a manner that will ensure BC/ACHA Program Grantees under the American submit a new application meeting residents are not unfairly selected over Recovery and Reinvestment Act of 2009 HUD’s program requirements. HUD other eligible individuals and families; (Recovery Act), issued March 19, 2009 determined that there was good cause (2) utilizing BC/ACHA as a subgrantee (HPRP Notice). for waiving the 15-day resubmission will result in an efficient and effective Project/Activity: Homelessness deadline based on the following: The program that benefits HPRP Prevention and Rapid Re-Housing Town of Union submitted a Substantial participants; and (3) BC/ACHA has Program (HPRP) grantee, City of Amendment by the May 18, 2009, proven capacity to serve homeless Jackson, Mississippi requested a waiver application submission deadline, which persons. of the limitation on eligible subgrantees proposed using all HPRP funds to Contact: Ann M. Oliva, Director, in order to subgrant HPRP funds to the purchase furnaces for low-income Office of Special Needs Assistance Jackson Housing Authority. elderly homeowners. On May 14, 2009, Programs, Office of Community Nature of Requirement: Subsections the Town of Union also requested a Planning and Development, Department III.B and III.C of the HPRP Notice waiver of any prohibition on funding of Housing and Urban Development, provides that metropolitan cities, urban this kind of activity. On July 2, 2009, 451 Seventh Street, SW., Room 7262, counties, and territories may distribute HUD wrote to the Town of Union Washington, DC 20410–7000, telephone all or part of their grant amounts to indicating that its request for a waiver number (202) 708–4300. private non-profit organizations or of the eligible activities under the • Regulation: Notice of Allocations, another local government. Notice was still under review. On July Application Procedures, and Granted By: Mercedes Marquez, 9, 2009, the Town of Union requested Requirements for Homelessness Assistant Secretary for Community and an additional 15 days to resubmit an Prevention and Rapid Re-Housing Planning Development. approvable application containing Program Grantees under the American Date Granted: August 11, 2009. eligible activities should HUD both Recovery and Reinvestment Act of 2009 Reason Waived: The City provided disapprove its application and deny its (Recovery Act), issued March 19, 2009 sufficient information for HUD to grant waiver request. On July 14, 2009, HUD: (HPRP Notice). the waiver on the basis of the following: (1) Disapproved the HPRP application Project/Activity: Homelessness (1) HPRP participants will be selected in based upon the ineligibility of the Prevention and Rapid Re-Housing a manner that will ensure Housing proposed funding of furnaces for elderly

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people; and (b) denied the request for a Requirements for Homelessness Granted By: Mercedes Marquez, waiver of the Notice’s eligible activity Prevention and Rapid Re-Housing Assistant Secretary for Community standards to permit the funding of Program Grantees under the American Planning and Development. furnaces for elderly persons. The timing Recovery and Reinvestment Act of 2009 Date Granted: August 24, 2009. of HUD’s application disapproval and (Recovery Act), issued March 19, 2009 Reason Waived: The County provided the denial of the waiver request came (HPRP Notice). sufficient information for HUD to grant too late for the Town of Union to Project/Activity: Homelessness the waiver on the basis of the following: effectively revise and resubmit a new Prevention and Rapid Re-Housing (1) HPRP participants will be selected in HPRP application within the remaining Program (HPRP) grantee, County of a manner that will ensure Housing time available under the original 15-day McHenry, Illinois requested a waiver of Authority residents are not unfairly resubmission period. the limitation on eligible subgrantees in selected over other eligible individuals Contact: Ann M. Oliva, Director, order to subgrant HPRP funds to the and families; (2) utilizing the Housing Office of Special Needs Assistance McHenry County Housing Authority Authority as a subgrantee will result in Programs, Office of Community (MCHA). an efficient and effective program that Planning and Development, Department Nature of Requirement: Subsections benefits HPRP participants; and (3) the of Housing and Urban Development, III.B and III.C of the HPRP Notice Housing Authority has proven capacity 451 Seventh Street, SW., Room 7262, provides that metropolitan cities, urban to serve homeless persons. Washington, DC 20410–7000, telephone counties, and territories may distribute Contact: Ann M. Oliva, Director, number (202) 708–4300. all or part of their grant amounts to Office of Special Needs Assistance • Regulation: Notice of Allocations, private non-profit organizations or Programs, Office of Community Application Procedures, and another local government. Planning and Development, Department Requirements for Homelessness Granted By: Mercedes Marquez, of Housing and Urban Development, Prevention and Rapid Re-Housing Assistant Secretary for Community 451 Seventh Street, SW., Room 7262, Program Grantees under the American Planning and Development. Washington, DC 20410–7000, telephone Recovery and Reinvestment Act of 2009 Date Granted: August 20, 2009. number (202) 708–4300. (Recovery Act), issued March 19, 2009 Reason Waived: The County provided • Regulation: Notice of Allocations, (HPRP Notice). sufficient information for HUD to grant Application Procedures, and Project/Activity: Homelessness the waiver on the basis of the following: Requirements for Homelessness Prevention and Rapid Re-Housing (1) HPRP participants will be selected in Prevention and Rapid Re-Housing Program (HPRP) grantee, City of Lima, a manner that will ensure MCHA Program Grantees under the American Ohio requested a waiver of the residents are not unfairly selected over Recovery and Reinvestment Act of 2009 limitation on eligible subgrantees in other eligible individuals and families; (Recovery Act), issued March 19, 2009 order to subgrant HPRP funds to the (2) utilizing MCHA as a subgrantee will (HPRP Notice). Allen Metropolitan Housing Authority result in an efficient and effective Project/Activity: Homelessness (AMHA). program that benefits HPRP Prevention and Rapid Re-Housing Nature of Requirement: Subsections participants; and (3) MCHA has proven Program (HPRP) grantee, the State of III.B and III.C of the HPRP Notice capacity to serve homeless persons. Arizona, Arizona Department of provides that metropolitan cities, urban Contact: Ann M. Oliva, Director, Housing (ADOH), requested a waiver in counties, and territories may distribute Office of Special Needs Assistance order to retain and use HPRP funds for all or part of their grant amounts to Programs, Office of Community administering the Homeless private non-profit organizations or Planning and Development, Department Management Information System another local government. of Housing and Urban Development, (HMIS) as required by the Recovery Act. Granted By: Mercedes Marquez, 451 Seventh Street, SW., Room 7262, Nature of Requirement: Subsection Assistant Secretary for Community Washington, DC 20410–7000, telephone III.A of the HPRP Notice provides that Planning and Development. number (202) 708–4300. a State grantee must make available all Date Granted: August 20, 2009. • Regulation: Notice of Allocations, of its formula allocation, except for an Reason Waived: The City provided Application Procedures, and appropriate share of funds for sufficient information for HUD to grant Requirements for Homelessness administrative costs, to units of general the waiver on the basis of the following: Prevention and Rapid Re-Housing local government and private nonprofit (1) HPRP participants will be selected in Program Grantees under the American organizations in the State to carry out all a manner that will ensure AMHA Recovery and Reinvestment Act of 2009 eligible activities. residents are not unfairly selected over (Recovery Act), issued March 19, 2009 Granted By: Mercedes Marquez, other eligible individuals and families; (HPRP Notice). Assistant Secretary for Community (2) utilizing AMHA as a subgrantee will Project/Activity: Homelessness Planning and Development. result in an efficient and effective Prevention and Rapid Re-Housing Date Granted: September 8, 2009. program that benefits HPRP Program (HPRP) grantee, Cumberland Reason Waived: The State provided participants; and (3) AMHA has proven County, requested a waiver of the sufficient information for HUD to grant capacity to serve homeless persons. limitation on eligible subgrantees in the waiver on the basis of the following: Contact: Ann M. Oliva, Director, order to subgrant HPRP funds to the (1) the HMIS is already in place; (2) the Office of Special Needs Assistance Housing Authority of Cumberland HMIS is administered by ADOH; and (3) Programs, Office of Community County, Pennsylvania. the alternative proposal of utilizing a fee Planning and Development, Department Nature of Requirement: Subsections structure to administer HMIS and meet of Housing and Urban Development, III.B and III.C of the HPRP Notice the requirements in the Recovery Act 451 Seventh Street, SW., Room 7262, provides that metropolitan cities, urban would impose additional administrative Washington, DC 20410–7000, telephone counties, and territories may distribute burdens for the State. number (202) 708–4300. all or part of their grant amounts to Contact: Ann M. Oliva, Director, • Regulation: Notice of Allocations, private non-profit organizations or Office of Special Needs Assistance Application Procedures, and another local government. Programs, Office of Community

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Planning and Development, Department the Myrtle Beach Housing Authority (2) utilizing the PCHA as a subgrantee of Housing and Urban Development, (MBHA). will result in an efficient and effective 451 Seventh Street, SW., Room 7262, Nature of Requirement: Subsections program that benefits HPRP Washington, DC 20410–7000, telephone III.B and III.C of the HPRP Notice participants; and (3) PCHA has proven number (202) 708–4300. provides that metropolitan cities, urban capacity to serve homeless persons. • Regulation: Notice of Allocations, counties, and territories may distribute Contact: Ann M. Oliva, Director, Application Procedures, and all or part of their grant amounts to Office of Special Needs Assistance Requirements for Homelessness private non-profit organizations or Programs, Office of Community Prevention and Rapid Re-Housing another local government. Planning and Development, Department Program Grantees under the American Granted By: Mercedes Marquez, of Housing and Urban Development, Recovery and Reinvestment Act of 2009 Assistant Secretary for Community 451 Seventh Street, SW., Room 7262, (Recovery Act), issued March 19, 2009 Planning Development. Washington, DC 20410–7000, telephone (HPRP Notice). Date Granted: September 8, 2009. number (202) 708–4300. Project/Activity: Kentucky Housing Reason Waived: The County provided II. Regulatory Waivers Granted by the Corporation (KHC), acting on behalf of sufficient information for HUD to grant Office of Housing—Federal Housing the Homelessness Prevention and Rapid the waiver on the basis of the following: Administration (FHA) Re-Housing Program (HPRP) grantee, the (1) HPRP participants will be selected in State of Kentucky, requested a waiver in a manner that will ensure CHA and For further information about the order to retain and use HPRP funds for MBHA residents are not unfairly following regulatory waivers, please see administering the Homeless selected over other eligible individuals the name of the contact person that Management Information System and families; (2) utilizing the CHA and immediately follows the description of MBHA as subgrantees will result in an the waiver granted. (HMIS) as required by the Recovery Act. • efficient and effective program that Regulation: 24 CFR 203.37a. Nature of Requirement: Subsection Project/Activity: Property Flipping, III.A of the HPRP Notice provides that benefits HPRP participants; and (3) CHA and MBHA have proven capacity to Atlanta, GA. a State grantee must make available all Nature of the Requirement: FHA’s serve homeless persons. of its formula allocation, except for an property flipping regulation restricts the Contact: Ann M. Oliva, Director, appropriate share of funds for eligibility for FHA mortgage insurance, Office of Special Needs Assistance administrative costs, to units of general for those properties purchased and re- Programs, Office of Community local government and private nonprofit sold within 90 days. The regulation Planning and Development, Department organizations in the State to carry out all exempts government entities and of Housing and Urban Development, eligible activities. nonprofits approved to purchase HUD 451 Seventh Street, SW., Room 7262, Granted By: Mercedes Marquez, real estate owned (REO) properties; Washington, DC 20410–7000, telephone Assistant Secretary for Community however, the restriction still exists for number (202) 708–4300. Planning and Development. private entities and especially those • Date Granted: September 8, 2009. Regulation: Notice of Allocations, working on behalf of local governments Reason Waived: KHC provided Application Procedures, and under the Neighborhood Stabilization sufficient information for HUD to grant Requirements for Homelessness Program. The waiver request is to the waiver on the basis of the following: Prevention and Rapid Re-Housing exempt a private entity working on (1) The HMIS is already in place; (2) the Program Grantees under the American behalf of a local government for the HMIS is administered by KHC; and (3) Recovery and Reinvestment Act of 2009 Neighborhood Stabilization Program. the alternative proposal of utilizing a fee (Recovery Act), issued March 19, 2009 Granted by: David H. Stevens, structure to administer HMIS and meet (HPRP Notice). Assistant Secretary for Housing— the requirements in the Recovery Act Project/Activity: Homelessness Federal Housing Commissioner. would impose additional administrative Prevention and Rapid Re-Housing Date Granted: September 14, 2009. burdens for KHC. Program (HPRP) grantee, the City of Reason Waived: The regulation was Contact: Ann M. Oliva, Director, Tacoma, Washington requested a waiver waived to allow for purchase and resale Office of Special Needs Assistance of the limitation on eligible subgrantees of REO properties within 90 days under Programs, Office of Community in order to subgrant HPRP funds to the the Neighborhood Stabilization Planning and Development, Department Pierce County Housing Authority Program, which furthers the purposes of of Housing and Urban Development, (PCHA). this program which is designed to 451 Seventh Street, SW., Room 7262, Nature of Requirement: Subsections stabilize neighborhoods through the Washington, DC 20410–7000, telephone III.B and III.C of the HPRP Notice purchase of abandoned and foreclosed number 202–708–4300. provides that metropolitan cities, urban homes. • Regulation: Notice of Allocations, counties, and territories may distribute Contact Person(s): Ralph Jackson, Real Application Procedures, and all or part of their grant amounts to Estate Owned Division, Atlanta Requirements for Homelessness private non-profit organizations or Homeownership Center, Office of Prevention and Rapid Re-Housing another local government. Housing, Department of Housing and Program Grantees under the American Granted By: Mercedes Marquez, Urban Development, 40 Marietta Street, Recovery and Reinvestment Act of 2009 Assistant Secretary for Community Atlanta, GA 30303, telephone (678) (Recovery Act), issued March 19, 2009 Planning and Development. 732–2153. Kevin Shearer, Field Review (HPRP Notice). Date Granted: September 30, 2009. Branch 1, Atlanta Homeownership Project/Activity: Homelessness Reason Waived: The City provided Center, Office of Housing, Department Prevention and Rapid Re-Housing sufficient information for HUD to grant of Housing and Urban Development, 40 Program (HPRP) grantee, Horry County, the waiver on the basis of the following: Marietta Street, Atlanta, GA 30303, South Carolina, requested a waiver of (1) HPRP participants will be selected in telephone (678) 732–2161. the limitation on eligible subgrantees in a manner that will ensure PCHA • Regulation: 24 CFR 203.43f. order to subgrant HPRP funds to the residents are not unfairly selected over Project/Activity: Federal Emergency Conway Housing Authority (CHA) and other eligible individuals and families; Management Agency (FEMA)

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designated Flood Hazard Areas in the the HECM transaction and save their much needed affordable housing. The State of Louisiana. home from foreclosure. owners of Lakeview Towers proposed to Nature of the Requirement: The Granted By: David H. Stevens, extend the term for repayment of the National Flood Insurance Program Assistant Secretary for Housing— Flexible Subsidy loans for 3 years to (NFIP) installation requirements for Federal Housing Commissioner. match the term of the new section manufactured homes and the flood Date Granted: September 10, 2009. 241(a) loan and make capital hazard regulations for one and two Reason Waived: The regulation was improvements to the property. These single family dwellings are less onerous waived to prevent the borrowers from waivers were allowed because, without than the flood hazard regulations for losing their home through foreclosure. them, the owner would not have had the manufactured homes found at 24 CFR Contact: Kathy Hardy, Home necessary funds to perform needed 203.43f, which specify that the finished Valuation Policy Division, Office of fac¸ade repairs and rehabilitation of a grade beneath the manufactured home Single Family Program Development, portion of the kitchen and bathrooms in must be at or above the 100 year return Office of Housing, Department of the property. Providing these waivers frequency flood elevation. Extending the Housing and Urban Development, 451 allowed the owner to obtain financing to waiver to 24 CFR 203.43f permits Seventh Street, SW., Room 9241, perform substantial rehabilitation of the manufactured homes that are located in Washington, DC 20410–8000, telephone property and allow the amortization of FEMA designated flood hazard areas to (202) 708–2121. the flexible subsidy loan with the new • be in compliance with the less onerous Regulation: 24 CFR section 241(a) loan. NFIP requirements and serves to assist 219.220(b)(1995), 24 CFR Part Contact: Howard D. Mayfield, Deputy in the reconstruction of homes impacted 219.320(1995) and 24 CFR 219.335(a) Director, Office of Asset Management, by Hurricane Katrina in the State of (1995). Office of Housing, Department of Louisiana. Project/Activity: Lakeview Towers, Housing and Urban Development, 451 Granted by: David H. Stevens, Chicago, Illinois—FHA Project Number Seventh Street, SW., Room 6160, Assistant Secretary for Housing— 071–10021/071–35743. The property Washington, DC 20410–8000, telephone Federal Housing Commissioner. has 500 units comprised of two 25-story (202) 708–3730. Date Granted: August 11, 2009. high rise towers. The property is in need • Regulation: 24 FR 290.30(a). Reason Waived: Extending the waiver of rehabilitation to continue as a well- Project/Activity: Park Lee Apartments, to 24 CFR 203.43f permits manufactured maintained source of affordable Phoenix, Arizona—FHA Project Number homes that are located in FEMA housing. 123–35418. This insured loan went into designated flood hazard areas to be in Nature of Requirement: Section default and was assigned to HUD. compliance with the less onerous NFIP 219.220(b) (1995) of FHA’s regulations, Waiver of this regulation allowed the requirements and serves to assist in the which governs the repayment of City of Phoenix to purchase this reconstruction/replacement of homes operating assistance provided under the defaulted, unsubsidized mortgage loan impacted by Hurricane Katrina in the Flexible Subsidy Program for Troubled on a noncompetitive basis. State of Louisiana with an affordable Projects prior to May 1, 1996, states: Nature of Requirement: FHA’s housing type. ‘‘Assistance that has been paid to a regulations governing the sale of HUD– Contact: Joanne Kuczma, Director, project owner under this subpart must Held mortgages are set forth in 24 CFR part 290, subpart B. Section 290.30(a) of Office of Single Family Program be repaid at the earlier of the expiration those regulations state that ‘‘[e]xcept as Development, Home Mortgage Insurance of the term of the mortgage, termination otherwise provided in Section Division, Office of Housing, Department of these actions would typically 290.31(a)(2), HUD will sell HUD–Held of Housing and Urban Development, terminate FHA involvement with the multifamily mortgages on a competitive 451 7th Street, SW. Washington, DC property, and the Flexible Subsidy loan basis.’’ Section 290.31(a)(2) permits 20410–8000, telephone 202–402–2137. would be repaid, in whole, at that ‘‘negotiated’’ sales to State or local • time.’’ Regulation: 24 CFR 206.32(a). Section 219.320 (1995) of FHA’s governments for mortgage loans that are Project/Activity: The waiver is regulation entitled ‘‘Loan terms and current and secured by subsidized applicable to certain borrowers in the conditions’’ will continue to govern the projects, provided such loans are sold State of Maine under FHA’s Home rights and obligations of housing with FHA insurance. Equity Conversion Mortgage (HECM) owners, tenants and [HUD] with respect Granted by: Brian D. Montgomery, Program. to units and projects assisted under the Assistant Secretary for Housing— Nature of Requirement: FHA’s Flexible Subsidy Program * * *’’ The Federal Housing Commissioner. regulation 24 CFR 206.23(a) require that regulation applies to capital Date Granted: July 7, 2009. there be no outstanding or unpaid improvement loans made pursuant to Reason Waived: This regulation was obligations, incurred by the HECM Section 201(k) of the Housing and waived in order to allow the sale of Park mortgagor, in connection with the Community Development Amendments Lee Apartments to the City of Phoenix, HECM transaction. The borrowers of 1978. thereby preventing foreclosure of the obtained a negotiated short payoff on Section 219.335(a) (1995) of FHA’s property. The city plans to become the their forward mortgage from their regulation entitled ‘‘Operations’’ managing member of the current owner existing lender, CitiFinancial. They are provides that interest on the capital entity and work with it to infuse funds seeking HECM financing which will be improvement loan starts to accrue and to complete rehabilitation, thus making used to satisfy their existing mortgage the loan amortization period begins the property an asset to the community and outstanding judgments. The HECM when the loan proceeds have been and preserving its affordability. lender, American Home Bank, worked spent. Contact: Howard D. Mayfield, Deputy with Maine Stream Finance, a Granted by: David H. Stevens, Director, Office of Asset Management, Community Development Financial Assistant Secretary for Housing— Office of Housing, Department of Institution, in order for the homeowners Federal Housing Commissioner. Housing and Urban Development, 451 to obtain subordinate financing, Date Granted: August 24, 2009. Seventh Street, SW., Room 6160, enabling them to satisfy certain Reason Waived: This regulatory Washington, DC 20410–8000, telephone financial obligations, and, in turn, close waiver was granted to preserve this (202) 708–3730.

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• Regulation: 24 CFR 290.30(a). current and secured by subsidized noncompetitive sale of John C. Cannon Project/Activity: Washington Manor projects, provided such loans are sold House Apartments to the City of Seattle. Apartments, Memphis, Tennessee— with FHA insurance. Waiver of this requirement would FHA Project Number 081–35245. This Granted by: Brian D. Montgomery, produce budget savings by generating was an unsubsidized project which Assistant Secretary for Housing— proceeds to the U.S. Treasury, reduce went into default and was assigned to Federal Housing Commissioner. the number of notes in the HUD–Held HUD. The City of Memphis had Date Granted: July 7, 2009. mortgage inventory and prevent the loss expressed interest in purchasing the Reason Waived: This regulation was of assisted living units for families that mortgage and alleviating impending waived in order to allow the might take place if a profit-motivated foreclosure proceedings. noncompetitive sale of Phyllis Wheatley investor were to buy the note and Nature of Requirement: FHA’s Apartments to the District of Columbia foreclose. regulations governing the sale of HUD– and prevent foreclosure of the property. Contact: Howard D. Mayfield, Deputy Held mortgages are set forth in 24 CFR Waiver of this requirement would Director, Office of Asset Management, part 290, subpart B. Section 290.30(a) of produce budget savings by generating Office of Housing, Department of those regulations state that ‘‘[e]xcept as proceeds to the U.S. Treasury and Housing and Urban Development, 451 otherwise provided in Section assure that the Phyllis Wheatley facility Seventh Street, SW., Room 6160, 290.31(a)(2), HUD will sell HUD–Held is transformed into a viable and Washington, DC 20410–8000, telephone multifamily mortgages on a competitive productive housing facility for eligible (202) 708–3730. basis.’’ Section 290.31(a)(2) permits occupants in the District of Columbia. • Contact: Howard D. Mayfield, Deputy Regulation: 24 CFR 290.30(a) and ‘‘negotiated’’ sales to State or local 24 CFR 290.33. governments for mortgage loans that are Director, Office of Asset Management, Office of Housing, Department of Project/Activity: Grove Parc current and secured by subsidized Apartments, Chicago, Illinois—FHA projects, provided such loans are sold Housing and Urban Development, 451 Seventh Street, SW., Room 6160, Project Number 071–11091. This with FHA insurance. property went into default and was part Granted by: Brian D. Montgomery, Washington, DC 20410–8000, telephone (202) 708–3730. of the HUD–Held inventory. The City of Assistant Secretary for Housing— Chicago had expressed an interest in • Regulation: 24 CFR 290.30(a) and Federal Housing Commissioner. purchasing the property. Waiver of this 24 CFR 290.35(b)(2). Date Granted: July 7, 2009. regulation allowed the sale of this Reason Waived: This regulation was Project/Activity: John C. Cannon House Apartments, Seattle, Washington. delinquent, unsubsidized mortgage to waived in order to allow the the City of Chicago. noncompetitive sale of Washington This property went into default and was part of the HUD–Held inventory. The Nature of Requirement: FHA’s Manor Apartments to the City of regulations governing the sale of HUD– Memphis, thereby preventing City of Seattle had expressed an interest in purchasing the property. Waiver of Held mortgages are set forth in 24 CFR foreclosure of the property. Waiver of part 290, subpart B. Section 290.30(a) of this requirement would preserve this this regulation allowed the sale of this delinquent, unsubsidized mortgage to those regulations state that ‘‘[e]xcept as much needed low income housing otherwise provided in Section resource and reduce the number of the City of Seattle. Nature of Requirement: FHA’s 290.31(a)(2), HUD will sell HUD–Held loans in the HUD–Held mortgage regulations governing the sale of HUD– multifamily mortgages on a competitive inventory. Held mortgages are set forth in 24 CFR basis.’’ Section 290.31(a)(2) permits Contact: Howard D. Mayfield, Deputy part 290, subpart B. Section 290.30(a) of ‘‘negotiated’’ sales to State or local Director, Office of Asset Management, those regulations state that ‘‘[e]xcept as governments for mortgage loans that are Office of Housing, Department of otherwise provided in Section current and secured by subsidized Housing and Urban Development, 451 290.31(a)(2), HUD will sell HUD–Held projects, provided such loans are sold Seventh Street, SW., Room 6160, multifamily mortgages on a competitive with FHA insurance. Washington, DC 20410–8000, telephone basis.’’ Section 290.31(a)(2) permits Section 290.33 governs the sale of (202) 708–3730. ‘‘negotiated’’ sales to State or local delinquent mortgages securing • Regulation: 24 CFR 290.30(a). governments for mortgage loans that are subsidized projects, only if (a) the Project/Activity: Phyllis Wheatley current and secured by subsidized mortgages are restructured, and (b) Apartments, Washington, DC—FHA projects, provided such loans are sold either FHA mortgage insurance or Project Number 000–35418. This with FHA insurance. equivalent protections are provided. property went into default and was part Section 290.35(b)(2) governs the sale Granted by: David H. Stevens, of the HUD–Held inventory. The District of delinquent mortgages securing Assistant Secretary for Housing— of Columbia DHCD had expressed an subsidized projects, ‘‘(1) However, Federal Housing Commissioner. interest in purchasing the property. delinquent mortgages will not be sold if: Date Granted: September 18, 2009. Waiver of this regulation allowed the (1) HUD believes that foreclosure is Reason Waived: This regulation was sale of this delinquent, unsubsidized unavoidable; and (2) the project waived for Grove Parc Apartments, in mortgage to the District of Columbia. securing the mortgage is occupied by order to allow its noncompetitive sale Nature of Requirement: FHA’s very low-income tenants who are not with a restructured, FHA-insured regulations governing the sale of HUD– receiving housing assistance and would mortgage or with an instrument with Held mortgages are set forth in 24 CFR be likely to pay rent in excess of 30 equivalent protections provided to the part 290, subpart B. Section 290.30(a) of percent of their adjusted monthly City of Chicago. Waiver of this those regulations state that ‘‘[e]xcept as income if HUD sold the mortgage.’’ requirement would produce budget otherwise provided in Section Granted by: David H. Stevens, savings by generating proceeds to the 290.31(a)(2), HUD will sell HUD–Held Assistant Secretary for Housing–Federal U.S. Treasury, reduce the number of multifamily mortgages on a competitive Housing Commissioner. notes in the HUD–Held mortgage basis.’’ Section 290.31(a)(2) permits Date Granted: September 24, 2009. inventory and prevent the loss of ‘‘negotiated’’ sales to State or local Reason Waived: This regulation was assisted living units for families that governments for mortgage loans that are waived in order to allow the might take place if a profit-motivated

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investor were to buy the note and Washington, DC 20410–8000, telephone submit a certification as to the actual foreclose. (202) 708–3730. financing terms. Subsection (1) relates Contact: Howard D. Mayfield, Deputy • Regulation: 24 CFR to the actual debt service under the Director, Office of Asset Management, 883.205(c)(1)(1979). permanent financing. If the actual debt Office of Housing, Department of Project/Activity: Woodside Village, service under the permanent financing Housing and Urban Development, 451 Danville, Virginia—Section 8 Number: is lower than the anticipated debt Seventh Street, SW., Room 6160, VA36–H027–081. This non-insured service on which the Contract Rents Washington, DC 20410–8000, telephone subsidized property had not undergone were based, the initial Contract Rents or (202) 708–3730. significant rehabilitation since it was the Contract Rents currently in effect • Regulation: 24 CFR 290.30(a) and constructed. Waiver of this regulation shall be reduced commensurately, and 24 CFR 290.35(b)(2). allowed for much needed repairs of the the amount of savings shall be credited Project/Activity: John C. Cannon property. to the project account. House Apartments, Seattle, Washington. Nature of Requirement: HUD’s Granted by: David H. Stevens, This property went into default and was regulation at 883.205(c) concerns Assistant Secretary for Housing— part of the HUD–Held inventory. The adjustments to reflect the actual cost of Federal Housing Commissioner. City of Seattle had expressed an interest permanent financing. After the project is Date Granted: August 4, 2009. in purchasing the property. Waiver of permanently financed, the HFA shall Reason Waived: This regulation was this regulation allowed the sale of this submit a certification as to the actual waived in order to permit the Section 8 delinquent, unsubsidized mortgage to financing terms. Subsection (1) relates contract rents to remain at the current the City of Seattle. to the actual debt service under the levels in order to allow the owner to Nature of Requirement: FHA’s permanent financing. If the actual debt obtain financing at a lower interest rate regulations governing the sale of HUD– service under the permanent financing to rehabilitate the property. The Held mortgages are set forth in 24 CFR is lower than the anticipated debt proposed rehabilitation is to be funded part 290, subpart B. Section 290.30(a) of service on which the Contract Rents through Low Income Housing Tax those regulations state that ‘‘[e]xcept as were based, the initial Contract Rents or Credits (LIHTC). An affordability use otherwise provided in Section the Contract Rents currently in effect restriction is to accompany an award of 290.31(a)(2), HUD will sell HUD–Held shall be reduced commensurately, and the LIHTC, preserving the property as a multifamily mortgages on a competitive the amount of savings shall be credited long-term, well-maintained source of basis.’’ Section 290.31(a)(2) permits to the project account. affordable housing. ‘‘negotiated’’ sales to State or local Granted by: David H. Stevens, Contact: Howard D. Mayfield, Deputy governments for mortgage loans that are Assistant Secretary for Housing— Director, Office of Asset Management, current and secured by subsidized Federal Housing Commissioner. Office of Housing, Department of projects, provided such loans are sold Date Granted: August 4, 2009. Housing and Urban Development, 451 with FHA insurance. Reason Waived: This regulation was Seventh Street, SW., Room 6160, Section 290.35(b)(2) governs the sale waived in order to permit the Section 8 Washington, DC 20410–8000, telephone of delinquent mortgages securing contract rents to remain at the current (202) 708–3730. subsidized projects, ‘‘(1) However, levels in order to allow the owner to • Regulation: 24 CFR 891.100(d). delinquent mortgages will not be sold if: obtain financing at a lower interest rate Project/Activity: TELACU Housing La (1) HUD believes that foreclosure is to rehabilitate the property. The Amistad Senior Apartments, San unavoidable; and (2) the project proposed rehabilitation is to be funded Bernardino, CA, Project Number: 143– securing the mortgage is occupied by through Low Income Housing Tax EE063/CA43–S061–002. very low-income tenants who are not Credits (LIHTC). An affordability use Nature of Requirement: Section receiving housing assistance and would restriction is to accompany an award of 891.100(d) prohibits amendment of the be likely to pay rent in excess of 30 the LIHTC, preserving the property as a amount of the approved capital advance percent of their adjusted monthly long-term, well-maintained source of funds prior to initial closing. income if HUD sold the mortgage.’’ affordable housing. Granted by: David H. Stevens, Granted by: David H. Stevens, Contact: Howard D. Mayfield, Deputy Assistant Secretary for Housing— Assistant Secretary for Housing— Director, Office of Asset Management, Federal Housing Commissioner. Federal Housing Commissioner. Office of Housing, Department of Date Granted: July 17, 2009. Date Granted: September 24, 2009. Housing and Urban Development, 451 Reason Waived: The project is Reason Waived: This regulation was Seventh Street, SW., Room 6160, economically designed and comparable waived in order to allow the Washington, DC 20410–8000, telephone in cost to similar projects in the area, noncompetitive sale of John C. Cannon (202) 708–3730. and the sponsor/owner exhausted all House Apartments to the City of Seattle. • Regulation: 24 CFR efforts to obtain additional funding from Waiver of this requirement would 883.205(c)(1)(1979). other sources. produce budget savings by generating Project/Activity: Woodside Village, Contact: Willie Spearmon, Director, proceeds to the U.S. Treasury, reduce Danville, Virginia—Section 8 Number: Office of Housing Assistance and Grant the number of notes in the HUD–Held VA36–H027–081. This non-insured Administration, Office of Housing, mortgage inventory and prevent the loss subsidized property had not undergone Department of Housing and Urban of assisted living units for families that significant rehabilitation since it was Development, 451 Seventh Street, SW., might take place if a profit-motivated constructed. Waiver of this regulation Room 6130, Washington, DC 20410– investor were to buy the note and allowed for much needed repairs of the 8000, telephone (202) 708–3000. foreclose. property. • Regulation: 24 CFR 891.100(d). Contact: Howard D. Mayfield, Deputy Nature of Requirement: HUD’s Project/Activity: Casitas on East Director, Office of Asset Management, regulation at 883.205(c) concerns Broadway, Tucson, AZ, Project Number: Office of Housing, Department of adjustments to reflect the actual cost of 123–EE104/AZ20–S061–010. Housing and Urban Development, 451 permanent financing. After the project is Nature of Requirement: Section Seventh Street, SW., Room 6160, permanently financed, the HFA shall 891.100(d) prohibits amendment of the

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amount of the approved capital advance • Regulation: 24 CFR 891.100(d). Contact: Willie Spearmon, Director, funds prior to closing. Project/Activity: Woodridge Office of Housing Assistance and Grant Granted by: David H. Stevens, Apartments Annex, Greeneville, TN, Administration, Office of Housing, Assistant Secretary for Housing— Project Number: 087–EE065/TN37– Department of Housing and Urban Federal Housing Commissioner. S081–002. Development, 451 Seventh Street, SW., Date Granted: July 17, 2009. Nature of Requirement: Section Room 6130, Washington, DC 20410– Reason Waived: The project is 891.100(d) prohibits amendment of the 8000, telephone (202) 708–3000. economically designed and comparable amount of the approved capital advance • Regulation: 24 CFR 891.100(d). in cost to similar projects in the area, funds prior to closing. Project/Activity: Folsom Oaks, and the sponsor/owner exhausted all Granted by: David H. Stevens, Folsom, CA, Project Number: 136– efforts to obtain additional funding from Assistant Secretary for Housing— HD017/CA30–Q041–001. other sources. Federal Housing Commissioner. Nature of Requirement: Section Contact: Willie Spearmon, Director, Date Granted: July 21, 2009. 891.100(d) prohibits amendment of the Office of Housing Assistance and Grant Reason Waived: The project is amount of the approved capital advance Administration, Office of Housing, economically designed and comparable funds prior to closing. Department of Housing and Urban in cost to similar projects in the area, Granted by: David H. Stevens, Development, 451 Seventh Street, SW., and the sponsor/owner exhausted all Assistant Secretary for Housing— Room 6130, Washington, DC 20410– efforts to obtain additional funding from Federal Housing Commissioner. 8000, telephone (202) 708–3000. other sources. Date Granted: August 6, 2009. • Regulation: 24 CFR 891.100(d). Contact: Willie Spearmon, Director, Reason Waived: The project is Project/Activity: Harshfield Terrace, Office of Housing Assistance and Grant economically designed and comparable Quartz Hill, CA, Project Number: 122– Administration, Office of Housing, in cost to similar projects in the area, EE195/CA16–S041–005. Department of Housing and Urban and the sponsor/owner exhausted all Nature of Requirement: Section Development, 451 Seventh Street, SW., efforts to obtain additional funding from 891.100(d) prohibits amendment of the Room 6130, Washington, DC 20410– other sources. amount of the approved capital advance 8000, telephone (202) 708–3000. Contact: Willie Spearmon, Director, funds prior to closing. • Regulation: 24 CFR 891.100(d). Office of Housing Assistance and Grant Granted by: David H. Stevens, Project/Activity: Homes of Care III, Administration, Office of Housing, Assistant Secretary for Housing— Groveland, MA, Project Number: 023– Department of Housing and Urban Federal Housing Commissioner. HD227/MA06–Q071–001. Development, 451 Seventh Street, SW., Date Granted: July 17, 2009. Nature of Requirement: Section Room 6130, Washington, DC 20410– Reason Waived: The project is 891.100(d) prohibits amendment of the 8000, telephone (202) 708–3000. economically designed and comparable amount of the approved capital advance • Regulation: 24 CFR 891.100(d). in cost to similar projects in the area, funds prior to closing. Project/Activity: TELACU Hacienda and the sponsor/owner exhausted all Granted by: David H. Stevens, Senior Apartments, San Bernardino, CA, efforts to obtain additional funding from Assistant Secretary for Housing— Project Number: 143–EE068/CA43– other sources. Federal Housing Commissioner. S071–003. Contact: Willie Spearmon, Director, Date Granted: July 22, 2009. Nature of Requirement: Section Office of Housing Assistance and Grant Reason Waived: The project is 891.100(d) prohibits amendment of the Administration, Office of Housing, economically designed and comparable amount of the approved capital advance Department of Housing and Urban in cost to similar projects in the area, funds prior to closing. Development, 451 Seventh Street, SW., and the sponsor/owner exhausted all Granted by: David H. Stevens, Room 6130, Washington, DC 20410– efforts to obtain additional funding from Assistant Secretary for Housing— 8000, telephone (202) 708–3000. other sources. Federal Housing Commissioner. • Regulation: 24 CFR 891.100(d). Contact: Willie Spearmon, Director, Date Granted: August 6, 2009. Project/Activity: TBD, Tucson, AZ, Office of Housing Assistance and Grant Reason Waived: The project is Project Number: 062–HD066/AL09– Administration, Office of Housing, economically designed and comparable Q071–002. Department of Housing and Urban in cost to similar projects in the area, Nature of Requirement: Section Development, 451 Seventh Street, SW., and the sponsor/owner exhausted all 891.100(d) prohibits amendment of the Room 6130, Washington, DC 20410– efforts to obtain additional funding from amount of the approved capital advance 8000, telephone (202) 708–3000. other sources. funds prior to closing. • Regulation: 24 CFR 891.100(d). Contact: Willie Spearmon, Director, Granted by: David H. Stevens, Project/Activity: Gloucester Housing, Office of Housing Assistance and Grant Assistant Secretary for Housing— Gloucester, MA, Project Number: 023– Administration, Office of Housing, Federal Housing Commissioner. HD228/MA06–Q071–002. Department of Housing and Urban Date Granted: July 21, 2009. Nature of Requirement: Section Development, 451 Seventh Street, SW., Reason Waived: The project is 891.100(d) prohibits amendment of the Room 6130, Washington, DC 20410– economically designed and comparable amount of the approved capital advance 8000, telephone (202) 708–3000. in cost to similar projects in the area, funds prior to closing. • Regulation: 24 CFR 891.100(d). and the sponsor/owner exhausted all Granted by: David H. Stevens, Project/Activity: Vantage Court Senior efforts to obtain additional funding from Assistant Secretary for Housing— Housing, Homestead, PA, Project other sources. Federal Housing Commissioner. Number: 033–EE132/PA28–S071–004. Contact: Willie Spearmon, Director, Date Granted: July 22, 2009. Nature of Requirement: Section Office of Housing Assistance and Grant Reason Waived: The project is 891.100(d) prohibits amendment of the Administration, Office of Housing, economically designed and comparable amount of the approved capital advance Department of Housing and Urban in cost to similar projects in the area, funds prior to closing. Development, 451 Seventh Street, SW., and the sponsor/owner exhausted all Granted by: David H. Stevens, Room 6130, Washington, DC 20410– efforts to obtain additional funding from Assistant Secretary for Housing— 8000, telephone (202) 708–3000. other sources. Federal Housing Commissioner.

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Date Granted: August 7, 2009. Nature of Requirement: Section Development, 451 Seventh Street, SW., Reason Waived: The project is 891.100(d) prohibits amendment of the Room 6130, Washington, DC 20410– economically designed and comparable amount of the approved capital advance 8000, telephone (202) 708–3000. in cost to similar projects in the area, funds prior to closing. • Regulation: 24 CFR 891.100(d). and the sponsor/owner exhausted all Granted by: David H. Stevens, Project/Activity: Parham House, Vista, efforts to obtain additional funding from Assistant Secretary for Housing— CA, Project Number: 129–HD031/CA33– other sources. Federal Housing Commissioner. Q061–001. Contact: Willie Spearmon, Director, Date Granted: August 21, 2009. Nature of Requirement: Section Office of Housing Assistance and Grant Reason Waived: The project is 891.100(d) prohibits amendment of the Administration, Office of Housing, economically designed and comparable amount of the approved capital advance Department of Housing and Urban in cost to similar projects in the area, funds prior to closing. Development, 451 Seventh Street, SW., and the sponsor/owner exhausted all Granted by: David H. Stevens, Room 6130, Washington, DC 20410– efforts to obtain additional funding from Assistant Secretary for Housing— 8000, telephone (202) 708–3000. other sources. Federal Housing Commissioner. • Regulation: 24 CFR 891.100(d). Contact: Willie Spearmon, Director, Date Granted: September 21, 2009. Project/Activity: AHEPA 310 XII, Office of Housing Assistance and Grant Reason Waived: The project is Daphne, AL, Project Number: 062– Administration, Office of Housing, economically designed and comparable EE089/AL09–S081–003. Department of Housing and Urban in cost to similar projects in the area, Nature of Requirement: Section Development, 451 Seventh Street, SW., and the sponsor/owner exhausted all 891.100(d) prohibits amendment of the Room 6130, Washington, DC 20410– efforts to obtain additional funding from amount of the approved capital advance 8000, telephone (202) 708–3000. other sources. funds prior to closing. • Regulation: 24 CFR 891.100(d). Contact: Willie Spearmon, Director, Granted by: David H. Stevens, Project/Activity: St. Joseph Place, Office of Housing Assistance and Grant Assistant Secretary for Housing— Kansas City, MO, Project Number: 084– Administration, Office of Housing, Federal Housing Commissioner. EE073/MO16–Q071–002. Department of Housing and Urban Date Granted: August 7, 2009. Nature of Requirement: Section Development, 451 Seventh Street, SW., Reason Waived: The project is 891.100(d) prohibits amendment of the Room 6130, Washington, DC 20410– economically designed and comparable amount of the approved capital advance 8000, telephone (202) 708–3000. in cost to similar projects in the area, funds prior to closing. • Regulation: 24 CFR 891.100(d). and the sponsor/owner exhausted all Granted by: David H. Stevens, Project/Activity: Trenton VOA efforts to obtain additional funding from Assistant Secretary for Housing— Housing, Trenton, GA, Project Number: other sources. Federal Housing Commissioner. 061–HD109/GA06–Q071–005. Contact: Willie Spearmon, Director, Date Granted: August 28, 2009. Nature of Requirement: Section Office of Housing Assistance and Grant Reason Waived: The project is 891.100(d) prohibits amendment of the Administration, Office of Housing, economically designed and comparable amount of the approved capital advance Department of Housing and Urban in cost to similar projects in the area, funds prior to closing. Development, 451 Seventh Street, SW., and the sponsor/owner exhausted all Granted by: David H. Stevens, Room 6130, Washington, DC 20410– efforts to obtain additional funding from Assistant Secretary for Housing— 8000, telephone (202) 708–3000. other sources. Federal Housing Commissioner. • Regulation: 24 CFR 891.100(d). Contact: Willie Spearmon, Director, Date Granted: August 19, 2009. Project/Activity: Ferriday Haven, Office of Housing Assistance and Grant Reason Waived: The project is Ferriday, LA, Project Number: 064– Administration, Office of Housing, economically designed and comparable HD108/LA48–Q061–007. Department of Housing and Urban in cost to similar projects in the area, Nature of Requirement: Section Development, 451 Seventh Street, SW., and the sponsor/owner exhausted all 891.100(d) prohibits amendment of the Room 6130, Washington, DC 20410– efforts to obtain additional funding from amount of the approved capital advance 8000, telephone (202) 708–3000. other sources. funds prior to closing. • Regulation: 24 CFR 891.100(d). Contact: Willie Spearmon, Director, Granted by: David H. Stevens, Project/Activity: Townsend Woods, Office of Housing Assistance and Grant Assistant Secretary for Housing— Townsend, MA, Project Number: 023– Administration, Office of Housing, Federal Housing Commissioner. EE218/MA06–S071–008. Department of Housing and Urban Date Granted: August 21, 2009. Nature of Requirement: Section Development, 451 Seventh Street, SW., Reason Waived: The project is 891.100(d) prohibits amendment of the Room 6130, Washington, DC 20410– economically designed and comparable amount of the approved capital advance 8000, telephone (202) 708–3000. in cost to similar projects in the area, funds prior to closing. • Regulation: 24 CFR 891.100(d). and the sponsor/owner exhausted all Granted by: David H. Stevens, Project/Activity: Wiggins VOA Senior efforts to obtain additional funding from Assistant Secretary for Housing— Housing, Incorporated, Wiggins MS, other sources. Federal Housing Commissioner. Project Number: 065–EE050/MS26– Contact: Willie Spearmon, Director, Date Granted: August 31, 2009. S081–001. Office of Housing Assistance and Grant Reason Waived: The project is Nature of Requirement: Section Administration, Office of Housing, economically designed and comparable 891.100(d) prohibits amendment of the Department of Housing and Urban in cost to similar projects in the area, amount of the approved capital advance Development, 451 Seventh Street, SW., and the sponsor/owner exhausted all funds prior to closing. Room 6130, Washington, DC 20410– efforts to obtain additional funding from Granted by: David H. Stevens, 8000, telephone (202) 708–3000. other sources. Assistant Secretary for Housing— • Regulation: 24 CFR 891.100(d). Contact: Willie Spearmon, Director, Federal Housing Commissioner. Project/Activity: Tartan Village II, Office of Housing Assistance and Grant Date Granted: August 19, 2009. Kilmarnock, VA, Project Number: 051– Administration, Office of Housing, Reason Waived: The project is EE111/VA36–S051–004. Department of Housing and Urban economically designed and comparable

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in cost to similar projects in the area, Granted by: David H. Stevens, • Regulation: 24 CFR 891.100(d). and the sponsor/owner exhausted all Assistant Secretary for Housing— Project/Activity: Wood Lane efforts to obtain additional funding from Federal Housing Commissioner. Residential, Bowling Green, OH, Project other sources. Date Granted: September 24, 2009. Number: 042–HD151/OH12–Q071–006. Contact: Willie Spearmon, Director, Reason Waived: The project is Nature of Requirement: Section Office of Housing Assistance and Grant economically designed and comparable 891.100(d) prohibits amendment of the Administration, Office of Housing, in cost to similar projects in the area, amount of the approved capital advance Department of Housing and Urban and the sponsor/owner exhausted all funds prior to closing. Development, 451 Seventh Street, SW., efforts to obtain additional funding from Granted by: David H. Stevens, Room 6130, Washington, DC 20410– other sources. Assistant Secretary for Housing— 8000, telephone (202) 708–3000. Contact: Willie Spearmon, Director, Federal Housing Commissioner. • Regulation: 24 CFR 891.100(d). Office of Housing Assistance and Grant Date Granted: September 30, 2009. Project/Activity: Sierra Meadows, Administration, Office of Housing, Reason Waived: The project is Visalia, CA, Project Number: 121– Department of Housing and Urban economically designed and comparable EE199/CA39–S071–003. Development, 451 Seventh Street, SW., in cost to similar projects in the area, Nature of Requirement: Section Room 6130, Washington, DC 20410– and the sponsor/owner exhausted all 891.100(d) prohibits amendment of the 8000, telephone (202) 708–3000. efforts to obtain additional funding from amount of the approved capital advance • Regulation: 24 CFR 891.100(d). other sources. funds prior to closing. Project/Activity: AHEPA—New Contact: Willie Spearmon, Director, Granted by: David H. Stevens, Orleans, New Orleans, LA, Project Office of Housing Assistance and Grant Assistant Secretary for Housing— Number: 064–EE221/LA48–S071–009. Administration, Office of Housing, Federal Housing Commissioner. Nature of Requirement: Section Department of Housing and Urban Date Granted: August 21, 2009. 891.100(d) prohibits amendment of the Development, 451 Seventh Street, SW., Reason Waived: The project is amount of the approved capital advance Room 6130, Washington, DC 20410– economically designed and comparable funds prior to closing. 8000, telephone (202) 708–3000. in cost to similar projects in the area, Granted by: David H. Stevens, • Regulation: 24 CFR 891.100(d) and and the sponsor/owner exhausted all Assistant Secretary for Housing— 24 CFR 891.165. efforts to obtain additional funding from Federal Housing Commissioner. Project/Activity: Dona Petra Santiago other sources. Date Granted: September 28, 2009. Apartments, New York, NY, Project Contact: Willie Spearmon, Director, Reason Waived: The project is Number: 012–EE267/NY36–S091–007. Office of Housing Assistance and Grant economically designed and comparable Nature of Requirement: Section Administration, Office of Housing, in cost to similar projects in the area, 891.100(d) prohibits amendment of the Department of Housing and Urban and the sponsor/owner exhausted all amount of the approved capital advance Development, 451 Seventh Street, SW., efforts to obtain additional funding from funds prior to closing. Section 891.165 Room 6130, Washington, DC 20410– other sources. provides that the duration of the fund 8000, telephone (202) 708–3000. • Contact: Willie Spearmon, Director, reservation of the capital advance is 18 Regulation: 24 CFR 891.100(d). Office of Housing Assistance and Grant months from the date of issuance with Project/Activity: Wood Lane Administration, Office of Housing, limited exceptions up to 24 months, as Residential, Bowling Green, OH, Project Department of Housing and Urban approved by HUD on a case-by-case Number: 042–HD151/OH12–Q071–006. Development, 451 Seventh Street, SW., Nature of Requirement: Section basis. Room 6130, Washington, DC 20410– Granted by: David H. Stevens, 891.100(d) prohibits amendment of the 8000, telephone (202) 708–3000. Assistant Secretary for Housing— amount of the approved capital advance • Federal Housing Commissioner. funds prior to closing. Regulation: 24 CFR 891.100(d). Granted by: David H. Stevens, Project/Activity: Options Supported Date Granted: August 19, 2009. Assistant Secretary for Housing— Housing XIV, Lake Ronkonkoma, NY, Reason Waived: The project is Federal Housing Commissioner. Project Number: 012–HD139/NY36– economically designed and comparable Date Granted: September 4, 2009. Q081–001. in cost to similar projects in the area, Reason Waived: The project is Nature of Requirement: Section and the sponsor/owner exhausted all economically designed and comparable 891.100(d) prohibits amendment of the efforts to obtain additional funding from in cost to similar projects in the area, amount of the approved capital advance other sources. Additional time was and the sponsor/owner exhausted all funds prior to closing. needed to achieve an initial closing. efforts to obtain additional funding from Granted by: David H. Stevens, Contact: Willie Spearmon, Director, other sources. Assistant Secretary for Housing— Office of Housing Assistance and Grant Contact: Willie Spearmon, Director, Federal Housing Commissioner. Administration, Office of Housing, Office of Housing Assistance and Grant Date Granted: September 28, 2009. Department of Housing and Urban Administration, Office of Housing, Reason Waived: The project is Development, 451 Seventh Street, SW., Department of Housing and Urban economically designed and comparable Room 6130, Washington, DC 20410– Development, 451 Seventh Street, SW., in cost to similar projects in the area, 8000, telephone (202) 708–3000. Room 6130, Washington, DC 20410– and the sponsor/owner exhausted all • Regulation: 24 CFR 891.100(d) and 8000, telephone (202) 708–3000. efforts to obtain additional funding from 24 CFR 891.165. • Regulation: 24 CFR 891.100(d). other sources. Project/Activity: Odd Fellows Senior Project/Activity: Discovery Place, Contact: Willie Spearmon, Director, Housing, Bronx York, NY, Project Brigham, UT, Project Number: 105– Office of Housing Assistance and Grant Number: 012–EE351/NY36–S061–007. HD012/UT99–Q061–001. Administration, Office of Housing, Nature of Requirement: Section Nature of Requirement: Section Department of Housing and Urban 891.100(d) prohibits amendment of the 891.100(d) prohibits amendment of the Development, 451 Seventh Street, SW., amount of the approved capital advance amount of the approved capital advance Room 6130, Washington, DC 20410– funds prior to closing. Section 891.165 funds prior to closing. 8000, telephone (202) 708–3000. provides that the duration of the fund

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reservation of the capital advance is 18 the fund reservation of the capital contractor, resubmit the firm months from the date of issuance with advance is 18 months from the date of commitment application, and for the limited exceptions up to 24 months, as issuance with limited exceptions up to project to be initially closed. approved by HUD on a case-by-case 24 months, as approved by HUD on a Contact: Willie Spearmon, Director, basis. case-by-case basis. Office of Housing Assistance and Grant Granted by: David H. Stevens, Granted by: David H. Stevens, Administration, Office of Housing, Assistant Secretary for Housing— Assistant Secretary for Housing— Department of Housing and Urban Federal Housing Commissioner. Federal Housing Commissioner. Development, 451 Seventh Street, SW., Date Granted: August 21, 2009. Date Granted: August 25, 2009. Room 6130, Washington, DC 20410– Reason Waived: The project is Reason Waived: The project is 8000, telephone (202) 708–3000. economically designed and comparable economically designed and comparable • Regulation: 24 CFR 891.165. in cost to similar projects in the area, in cost to similar projects in the area, Project/Activity: Mulberry Manor, and the sponsor/owner exhausted all and the sponsor/owner exhausted all Wayne, WV, Project Number: 045– efforts to obtain additional funding from efforts to obtain additional funding from HD041/WV15–Q051–001. other sources. Additional time was other sources. Additional time was Nature of Requirement: Section needed to achieve an initial closing. needed to achieve an initial closing of 891.165 provides that the duration of Contact: Willie Spearmon, Director, the project. the fund reservation of the capital Office of Housing Assistance and Grant Contact: Willie Spearmon, Director, advance is 18 months from the date of Administration, Office of Housing, Office of Housing Assistance and Grant issuance with limited exceptions up to Department of Housing and Urban Administration, Office of Housing, 24 months, as approved by HUD on a Development, 451 Seventh Street, SW., Department of Housing and Urban case-by-case basis. Room 6130, Washington, DC 20410– Development, 451 Seventh Street, SW., Granted by: David H. Stevens, 8000, telephone (202) 708–3000. Room 6130, Washington, DC 20410– Assistant Secretary for Housing— • 8000, telephone (202) 708–3000. Regulation: 24 CFR 891.100(d) and Federal Housing Commissioner. • 24 CFR 891.165. Regulation: 24 CFR 891.165. Date Granted: July 17, 2009. Project/Activity: Denver VOA Living Project/Activity: Yabucoa Volunteers Reason Waived: The sponsor/owner Center, Denver, CO, Project Number: of America Elderly Housing, Yabucoa, needed additional time to secure 101–HD040/CO99–Q051–001. PR, Project Number: 056–EE064/RQ46– secondary financing, for the firm Nature of Requirement: Section S041–001. commitment to be issued and for the 891.100(d) prohibits amendment of the Nature of Requirement: Section project to be initially closed. amount of the approved capital advance 891.165 provides that the duration of Contact: Willie Spearmon, Director, funds prior to initial closing. Section the fund reservation of the capital Office of Housing Assistance and Grant 891.165 provides that the duration of advance is 18 months from the date of Administration, Office of Housing, the fund reservation of the capital issuance with limited exceptions up to Department of Housing and Urban advance is 18 months from the date of 24 months, as approved by HUD on a Development, 451 Seventh Street, SW., issuance with limited exceptions up to case-by-case basis. Room 6130, Washington, DC 20410– 24 months, as approved by HUD on a Granted by: David H. Stevens, 8000, telephone (202) 708–3000. case-by-case basis. Assistant Secretary for Housing— • Granted by: David H. Stevens, Federal Housing Commissioner. Regulation: 24 CFR 891.165. Assistant Secretary for Housing— Date Granted: July 17, 2009. Project/Activity: Sierra Manor II, Federal Housing Commissioner. Reason Waived: Additional time was Reno, NV, Project Number: 125–EE129/ Date Granted: July 17, 2009. needed for the firm commitment to be NV25–S061–003. Reason Waived: The project is issued and for the project to be initially Nature of Requirement: Section economically designed and comparable closed. 891.165 provides that the duration of in cost to similar projects in the area, Contact: Willie Spearmon, Director, the fund reservation of the capital and the sponsor/owner exhausted all Office of Housing Assistance and Grant advance is 18 months from the date of efforts to obtain additional funding from Administration, Office of Housing, issuance with limited exceptions up to other sources. Additional time was Department of Housing and Urban 24 months, as approved by HUD on a needed for the firm commitment to be Development, 451 Seventh Street, SW., case-by-case basis. issued and for the project to be initially Room 6130, Washington, DC 20410– Granted by: David H. Stevens, closed. 8000, telephone (202) 708–3000. Assistant Secretary for Housing— Contact: Willie Spearmon, Director, • Regulation: 24 CFR 891.165. Federal Housing Commissioner. Office of Housing Assistance and Grant Project/Activity: Accessible Space, Date Granted: July 21, 2009. Administration, Office of Housing, Inc., Mesa, AZ, Project Number: 123– Reason Waived: Additional time was Department of Housing and Urban HD041/AZ20–Q061–003. needed for the sponsor/owner’s Development, 451 Seventh Street, SW., Nature of Requirement: Section architect sufficient time to complete the Room 6130, Washington, DC 20410– 891.165 provides that the duration of redesign of the project and to obtain 8000, telephone (202) 708–3000. the fund reservation of the capital necessary approvals on the redesign • Regulation: 24 CFR 891.100(d) and advance is 18 months from the date of from the City of Reno and for the project 24 CFR 891.165. issuance with limited exceptions up to to be initially closed. Project/Activity: Council Towers V, 24 months, as approved by HUD on a Contact: Willie Spearmon, Director, Bronx, NY, Project Number: 012–EE337/ case-by-case basis. Office of Housing Assistance and Grant NY36–S061–003. Granted by: David H. Stevens, Administration, Office of Housing, Nature of Requirement: Section Assistant Secretary for Housing— Department of Housing and Urban 891.100(d) prohibits amendment of the Federal Housing Commissioner. Development, 451 Seventh Street, SW., amount of the approved capital advance Date Granted: July 17, 2009. Room 6130, Washington, DC 20410– funds prior to initial closing. Section Reason Waived: The sponsor/owner 8000, telephone (202) 708–3000. 891.165 provides that the duration of needed additional time to obtain a new • Regulation: 24 CFR 891.165.

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Project/Activity: Shillman House, an increase in local funding and for the Nature of Requirement: Section Framingham, MA, Project Number: 023– project to be initially closed. 891.165 provides that the duration of EE187/MA06–S051–004. Contact: Willie Spearmon, Director, the fund reservation of the capital Nature of Requirement: Section Office of Housing Assistance and Grant advance is 18 months from the date of 891.165 provides that the duration of Administration, Office of Housing, issuance with limited exceptions up to the fund reservation of the capital Department of Housing and Urban 24 months, as approved by HUD on a advance is 18 months from the date of Development, 451 Seventh Street, SW., case-by-case basis. issuance with limited exceptions up to Room 6130, Washington, DC 20410– Granted by: David H. Stevens, 24 months, as approved by HUD on a 8000, telephone (202) 708–3000. Assistant Secretary for Housing— case-by-case basis. • Regulation: 24 CFR 891.165. Federal Housing Commissioner. Granted by: David H. Stevens, Project/Activity: Jackson Road Group Date Granted: September 28, 2009. Assistant Secretary for Housing— Home (fka Jackson Street Group Home), Reason Waived: Additional time was Federal Housing Commissioner. Somerville, MA, Project Number: 023– needed for the sponsor/owner to finalize Date Granted: September 8, 2009. HD193/MA06–Q031–001. the initial closing documents and for the Reason Waived: Additional time was Nature of Requirement: Section project to reach initial closing. needed for the sponsor/owner to allow 891.165 provides that the duration of Contact: Willie Spearmon, Director, HUD’s processing of the revised firm the fund reservation of the capital Office of Housing Assistance and Grant commitment application, and for the advance is 18 months from the date of Administration, Office of Housing, project to reach initial closing. issuance with limited exceptions up to Department of Housing and Urban Contact: Willie Spearmon, Director, 24 months, as approved by HUD on a Development, 451 Seventh Street, SW., Office of Housing Assistance and Grant case-by-case basis. Washington, DC 20410–8000, telephone Administration, Office of Housing, (202) 708–3000. Granted by: David H. Stevens, • Department of Housing and Urban Assistant Secretary for Housing— Regulation: 24 CFR 891.165. Development, 451 Seventh Street, SW., Federal Housing Commissioner. Project/Activity: Lil Jackson Senior Room 6130, Washington, DC 20410– Date Granted: August 6, 2009. Housing, Oceanside, CA, Project 8000, telephone (202) 708–3000. Reason Waived: Additional time was Number: 129–EE032/CA33–S051–001. Nature of Requirement: Section • Regulation: 24 CFR 891.165. needed for the State agency to finalize 891.165 provides that the duration of Project/Activity: Transitional Services the commitment of funds, resubmit the the fund reservation of the capital for New York, New York, NY, Project firm commitment application and for advance is 18 months from the date of Number: 012–HD128/NY36–Q051–002. the project to be initially closed. issuance with limited exceptions up to Nature of Requirement: Section Contact: Willie Spearmon, Director, 24 months, as approved by HUD on a 891.165 provides that the duration of Office of Housing Assistance and Grant case-by-case basis. the fund reservation of the capital Administration, Office of Housing, Granted by: David H. Stevens, advance is 18 months from the date of Department of Housing and Urban Assistant Secretary for Housing— issuance with limited exceptions up to Development, 451 Seventh Street, SW., Federal Housing Commissioner. 24 months, as approved by HUD on a Room 6130, Washington, DC 20410– Date Granted: September 29, 2009. case-by-case basis. 8000, telephone (202) 708–3000. Reason Waived: Additional time was Granted by: David H. Stevens, • Regulation: 24 CFR 891.165. needed for the City of Oceanside to Assistant Secretary for Housing— Project/Activity: Desert Sol, Phoenix, complete the recordation of the parcel Federal Housing Commissioner. AZ, Project Number: 123–HD040/AZ20– map for the site and for the project to Date Granted: July 1, 2009. Q061–002. be closed. Reason Waived: Additional time was Nature of Requirement: Section Contact: Willie Spearmon, Director, needed for the project to be initially 891.165 provides that the duration of Office of Housing Assistance and Grant closed. the fund reservation of the capital Administration, Office of Housing, Contact: Willie Spearmon, Director, advance is 18 months from the date of Department of Housing and Urban Office of Housing Assistance and Grant issuance with limited exceptions up to Development, 451 Seventh Street, SW., Administration, Office of Housing, 24 months, as approved by HUD on a Room 6130, Washington, DC 20410– Department of Housing and Urban case-by-case basis. 8000, telephone (202) 708–3000. Development, 451 Seventh Street, SW., Granted by: David H. Stevens, Room 6130, Washington, DC 20410– Assistant Secretary for Housing— III. Regulatory Waivers Granted by the 8000, telephone (202) 708–3000. Federal Housing Commissioner. Office of Public and Indian Housing • Regulation: 24 CFR 891.165. Date Granted: September 4, 2009. For further information about the Project/Activity: Arbor Court, Fresno, Reason Waived: Additional time was following regulatory waivers, please see CA, Project Number: 121–HD083/CA39– needed for the sponsor/owner to finalize the name of the contact person that Q041–003. the initial/final closing documents and immediately follows the description of Nature of Requirement: Section for the project to be initially closed. the waiver granted. 891.165 provides that the duration of Contact: Willie Spearmon, Director, • Regulation: 24 CFR 5.801 (d) (1). the fund reservation of the capital Office of Housing Assistance and Grant Project/Activity: Housing Authority of advance is 18 months from the date of Administration, Office of Housing, the City of Long Branch, (NJ008), Long issuance with limited exceptions up to Department of Housing and Urban Branch, NJ. 24 months, as approved by HUD on a Development, 451 Seventh Street, SW., Nature of Requirement: The case-by-case basis. Room 6130, Washington, DC 20410– regulation establishes certain reporting Granted by: David H. Stevens, 8000, telephone (202) 708–3000. compliance dates. The audited financial Assistant Secretary for Housing— • Regulation: 24 CFR 891.165. statements are required to be submitted Federal Housing Commissioner. Project/Activity: Casa Del Pueblo II to the Real Estate Assessment Center Date Granted: July 1, 2009. (aka Pueblo Senior Housing), Tucson, (REAC) no later than nine months after Reason Waived: Additional time was AZ, Project Number: 123–EE103/AZ20– the housing authority’s (HA) fiscal year needed for the sponsor/owner to obtain S061–009. end (FYE), in accordance with the

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Single Audit Act and OMB Circular A– Housing Construction Cost (HCC) American Recovery and Reinvestment 133. Limits. Act (ARRA) and in the Notice of Granted by: Sandra B. Henriquez, Granted by: Sandra B. Henriquez, Funding Availability (NOFA) for the General Deputy Assistant Secretary for Assistant Secretary of Public and Indian Capital Fund Recovery Competition Public and Indian Housing. Housing. Grants (CFRC) for the use of ARRA Date Granted: July 16, 2009. Date Granted: September 3, 2009. funds in the redevelopment of public Reason Waived: The HA waiver Reason Waived: A waiver of TDC/ housing units. request stated that the auditor would HCC limits is allowed under the Contact: Dominique Blom, Deputy not be able to complete the audit by the American Recovery and Reinvestment Assistant Secretary for the Office of due date as a result of a delay in Act (ARRA) and in the Notice of Public Housing Investments, Office of conversion to asset management. The Funding Availability (NOFA) for the Public and Indian Housing, Department HA indicated that the auditors were in Capital Fund Recovery Competition of Housing and Urban Development, the process of finalizing the audit. The Grants (CFRC) for the use of ARRA 451 Seventh Street, SW., Washington, waiver was granted and the HA was to funds in the redevelopment of public DC 20140–5000, Room 4130, telephone submit its audited financial data for FYE housing units. (202) 402–4181. June 30, 2008, no later than July 17, Contact: Dominique Blom, Deputy • Regulation: 24 CFR 941.306(b) and 2009. Assistant Secretary for the Office of Contact: Myra E. Newbill, Program (c). Public Housing Investments, Office of Project/Activity: Baxtor Terrace, Manager, NASS, Real Estate Assessment Public and Indian Housing, Department Housing Authority of the City of Center, Office of Public and Indian of Housing and Urban Development, Newark, Public Housing Construction, Housing, Department of Housing and 451 Seventh Street, SW., Washington, Newark, NJ. Urban Development, 550 12th Street, DC 20140–5000, Room 4130, telephone Nature of Requirement: Waiver of SW., Suite 100, Washington, DC 20410– (202) 402–4181. Total Development Cost (TDC) and 5000, telephone (202) 475–8988. • Regulation: 24 CFR 941.306(b) and • Housing Construction Cost (HCC) Regulation: 24 CFR 941.102(a)(2)– (c). Limits. (3) and 941.403(b). Project/Activity: West End Phase II, Granted by: Sandra B. Henriquez, Project/Activity: Newark Housing Chicago Housing Authority Public Assistant Secretary of Public and Indian Authority (NHA), Newark, NJ, Scattered Housing Construction, Chicago, IL. Housing. Sites, Project Number NJ39–P002–053. Nature of Requirement: Waiver of Date Granted: September 16, 2009. Nature of Requirement: This waiver Total Development Cost (TDC) and Reason Waived: A waiver of TDC/ involves the substantial completion Housing Construction Cost (HCC) HCC limits is allowed under the requirement for release of the original Limits. American Recovery Reinvestment Act purchase money and the proposition to Granted by: Sandra B. Henriquez, (ARRA) and in the Notice of Funding finish the project pursuant to a Assistant Secretary of Public and Indian Availability (NOFA) for the Capital development plan which does not Housing. Fund Recovery Competition Grants comply completely with either the Date Granted: September 16, 2009. (CFRC) for the use of ARRA funds in the regulatory turnkey or acquisition Reason Waived: A waiver of TDC/ redevelopment of public housing units. method of public housing development. HCC limits is allowed under the Granted by: Sandra B. Henriquez, Contact: Dominique Blom, Deputy American Recovery and Reinvestment Assistant Secretary for Public and Assistant Secretary for the Office of Act (ARRA) and in the Notice of Indian Housing. Public Housing Investments, Office of Date Granted: September 28, 2009. Funding Availability (NOFA) for the Public and Indian Housing, Department Reason Waived: Good cause was Capital Fund Recovery Competition of Housing and Urban Development, determined to conditionally approve the Grants (CFRC) for the use of ARRA 451 Seventh Street, SW., Room 4130, waivers in order for the settlement funds in the redevelopment of public Washington, DC 20140–5000, telephone process to proceed for the action filed housing units. (202) 402–4181. on June 26, 2008 in the United States Contact: Dominique Blom, Deputy • Regulation: 24 CFR 941.306(b) and District Court of New Jersey by Tony Assistant Secretary for the Office of (c). Gomes Construction Company naming Public Housing Investments, Office of Project/Activity: Legends Park West NHA, the former Secretary Steven Public and Indian Housing, Department (formerly Dixie Homes), Memphis Preston, and the Department as of Housing and Urban Development, Housing Authority Public Housing defendants. 451 Seventh Street, SW., Room 4130, Construction, Memphis, TN. Contact: Dominique Blom, Deputy Washington, DC 20140–5000, telephone Nature of Requirement: Waiver of Assistant Secretary for the Office of (202) 402–4181. Total Development Cost (TDC) and Public Housing Investments, Office of • Regulation: 24 CFR 941.306(b) and Housing Construction Cost (HCC) Public and Indian Housing, Department (c). Limits. of Housing and Urban Development, Project/Activity: Arlington Grove, St. Granted by: Sandra B. Henriquez, 451 Seventh Street, SW., Washington, Louis Housing Authority Public Assistant Secretary of Public and Indian DC 20140–5000, Room 4130, telephone Housing Construction, St. Louis, MO. Housing. (202) 402–4181. Nature of Requirement: Waiver of Date Granted: September 16, 2009. • Regulation: 24 CFR 941.306(b) and Total Development Cost (TDC) and Reason Waived: A waiver of TDC/ (c). Housing Construction Cost (HCC) HCC limits is allowed under the Project/Activity: Barclay Limits. American Recovery and Reinvestment Redevelopment Phase I (formerly West Granted by: Sandra B. Henriquez, Act (ARRA) and in the Notice of Park), Housing Authority of the City of Assistant Secretary of Public and Indian Funding Availability (NOFA) for the Bremerton Public Housing Construction, Housing. Capital Fund Recovery Competition Bremerton, WA. Date Granted: September 16, 2009. Grants (CFRC) for the use of ARRA Nature of Requirement: Waiver of Reason Waived: A waiver of TDC/ funds in the redevelopment of public Total Development Cost (TDC) and HCC limits is allowed under the housing units.

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Contact: Dominique Blom, Deputy • Regulation: 24 CFR 941.306(b) and Nature of Requirement: Waiver of Assistant Secretary for the Office of (c). Total Development Cost (TDC) and Public Housing Investments, Office of Project/Activity: First Street Senior Housing Construction Cost (HCC) Public and Indian Housing, Department Housing, Elizabeth Housing Authority Limits. of Housing and Urban Development, Public Housing Construction, Elizabeth, Granted by: Sandra B. Henriquez, 451 Seventh Street, SW., Room 4130, NJ. Assistant Secretary of Public and Indian Washington, DC 20140–5000, telephone Nature of Requirement: Waiver of Housing. (202) 402–4181. Total Development Cost (TDC) and Date Granted: September 16, 2009. • Regulation: 24 CFR 941.306(b) and Housing Construction Cost (HCC) Reason Waived: A waiver of TDC/ (c). Limits. HCC limits is allowed under the Project/Activity: Lake City Village Granted by: Sandra B. Henriquez, American Recovery and Reinvestment Apartments, Seattle Housing Authority Assistant Secretary of Public and Indian Act (ARRA) and in the Notice of Public Housing Construction, Seattle, Housing. Funding Availability (NOFA) for the WA. Date Granted: September 16, 2009. Capital Fund Recovery Competition Nature of Requirement: Waiver of Reason Waived: A waiver of TDC/ Grants (CFRC) for the use of ARRA Total Development Cost (TDC) and HCC limits is allowed under the funds in the redevelopment of public Housing Construction Cost (HCC) American Recovery and Reinvestment housing units. Limits. Act (ARRA) and in the Notice of Contact: Dominique Blom, Deputy Granted by: Sandra B. Henriquez, Funding Availability (NOFA) for the Assistant Secretary for the Office of Assistant Secretary of Public and Indian Capital Fund Recovery Competition Public Housing Investments, Office of Housing. Grants (CFRC) for the use of ARRA Public and Indian Housing, Department Date Granted: September 16, 2009. funds in the redevelopment of public of Housing and Urban Development, Reason Waived: A waiver of TDC/ housing units. 451 Seventh Street, SW., Room 4130, HCC limits is allowed under the Contact: Dominique Blom, Deputy Washington, DC 20140–5000, telephone American Recovery and Reinvestment Assistant Secretary for the Office of (202) 402–4181. Act (ARRA) and in the Notice of Public Housing Investments, Office of • Regulation: 24 CFR 941.306(b) and Funding Availability (NOFA) for the Public and Indian Housing, Department (c). Capital Fund Recovery Competition of Housing and Urban Development, Project/Activity: Old Colony, Boston Grants (CFRC) for the use of ARRA 451 Seventh Street, SW., Room 4130, Housing Authority Public Housing funds in the redevelopment of public Washington, DC 20140–5000, telephone Construction, Boston, MA. housing units. (202) 402–4181. Nature of Requirement: Waiver of Contact: Dominique Blom, Deputy • Regulation: 24 CFR 941.306(b) and Total Development Cost (TDC) and Assistant Secretary for the Office of (c). Housing Construction Cost (HCC) Public Housing Investments, Office of Project/Activity: Fairmount Avenue Limits. Public and Indian Housing, Department Scattered Sites, Chattanooga Housing Granted by: Sandra B. Henriquez, of Housing and Urban Development, Authority Public Housing Construction, Assistant Secretary of Public and Indian 451 Seventh Street, SW., Room 4130, Chattanooga, TN. Housing. Washington, DC 20140–5000, telephone Nature of Requirement: Waiver of Date Granted: September 16, 2009. (202) 402–4181. • Total Development Cost (TDC) and Reason Waived: A waiver of TDC/ Regulation: 24 CFR 941.306(b) and Housing Construction Cost (HCC) HCC limits is allowed under the (c). Limits. American Recovery and Reinvestment Project/Activity: Reid Street Homes, Granted by: Sandra B. Henriquez, Act (ARRA) and in the Notice of Housing Authority of Charleston Public Assistant Secretary of Public and Indian Funding Availability (NOFA) for the Housing Construction, Charleston, SC. Housing. Capital Fund Recovery Competition Nature of Requirement: Waiver of Date Granted: September 16, 2009. Grants (CFRC) for the use of ARRA Total Development Cost (TDC) and Reason Waived: A waiver of TDC/ funds in the redevelopment of public Housing Construction Cost (HCC) HCC limits is allowed under the housing units. Limits. Granted by: Sandra B. Henriquez, American Recovery and Reinvestment Contact: Dominique Blom, Deputy Assistant Secretary of Public and Indian Act (ARRA) and in the Notice of Assistant Secretary for the Office of Housing. Funding Availability (NOFA) for the Public Housing Investments, Office of Date Granted: September 16, 2009. Capital Fund Recovery Competition Public and Indian Housing, Department Reason Waived: A waiver of TDC/ Grants (CFRC) for the use of ARRA of Housing and Urban Development, HCC limits is allowed under the funds in the redevelopment of public 451 Seventh Street, SW., Room 4130, American Recovery and Reinvestment housing units. Washington, DC 20140–5000, telephone Act (ARRA) and in the Notice of Contact: Dominique Blom, Deputy (202) 402–4181. Funding Availability (NOFA) for the Assistant Secretary for the Office of • Regulation: 24 CFR 941.306(b) and Capital Fund Recovery Competition Public Housing Investments, Office of (c). Grants (CFRC) for the use of ARRA Public and Indian Housing, Department Project/Activity: Echo Ridge, Topeka funds in the redevelopment of public of Housing and Urban Development, Housing Authority Public Housing housing units. 451 Seventh Street, SW., Room 4130, Construction, Topeka, KS. Contact: Dominique Blom, Deputy Washington, DC 20140–5000, telephone Nature of Requirement: Waiver of Assistant Secretary for the Office of (202) 402–4181. Total Development Cost (TDC) and Public Housing Investments, Office of • Regulation: 24 CFR 941.306(b) and Housing Construction Cost (HCC) Public and Indian Housing, Department (c). Limits. of Housing and Urban Development, Project/Activity: Senior Housing at Granted by: Sandra B. Henriquez, 451 Seventh Street, SW., Room 4130, Heritage Park, Minneapolis Public Assistant Secretary of Public and Indian Washington, DC 20140–5000, telephone Housing Authority Public Housing Housing. (202) 402–4181. Construction, Minneapolis, MN. Date Granted: September 16, 2009.

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Reason Waived: A waiver of TDC/ Grants (CFRC) for the use of ARRA before funds can be released, HACC HCC limits is allowed under the funds in the redevelopment of public must submit documentation, which American Recovery and Reinvestment housing units. certifies to the accuracy and Act (ARRA) and in the Notice of Contact: Dominique Blom, Deputy authenticity of the legal documents Funding Availability (NOFA) for the Assistant Secretary for the Office of detailed in 941.610(a)(1)–(a)(7), the form Capital Fund Recovery Competition Public Housing Investments, Office of of the certification to be specified by Grants (CFRC) for the use of ARRA Public and Indian Housing, Department HUD. In addition, HACC must execute funds in the redevelopment of public of Housing and Urban Development, the Declaration of Restrictive Covenants, housing units. 451 Seventh Street, SW., Room 4130, in standard form, and provide evidence Contact: Dominique Blom, Deputy Washington, DC 20140–5000, telephone that it is the first recorded document. Assistant Secretary for the Office of (202) 402–4181. Granted by: Sandra B. Henriquez, Public Housing Investments, Office of • Regulation: 24 CFR Assistant Secretary for Public and Public and Indian Housing, Department 941.606(n)(1)(ii). Indian Housing. of Housing and Urban Development, Project/Activity: High Point Housing Date Granted: September 23, 2009. 451 Seventh Street, SW., Room 4130, Authority, Clara Cox Homes Reason Waived: Granting a waiver of Washington, DC 20140–5000, telephone Apartments, High Point, NC. HUD’s review and allowing HACC to (202) 402–4181. Nature of Requirement: This certify to the validity of certain legal • Regulation: 24 CFR 941.306(b) and regulatory provision requires that if the documents was determined to (c). partner and/or owner entity (or any streamline the review process and Project/Activity: Garden Valley Phase other entity with an identity of interest therefore expedite closing and public III, Cuyahoga Metropolitan Housing with such parties) wants to serve as a housing production. Authority Public Housing Construction, general contractor for the project or Contact: Dominique Blom, Deputy Cleveland, OH. development, it may award itself the Assistant Secretary for the Office of Nature of Requirement: Waiver of construction contract only if it can Public Housing Investments, Office of Total Development Cost (TDC) and demonstrate to HUD’s satisfaction that Public and Indian Housing, Department Housing Construction Cost (HCC) its bid is the lowest submitted in of Housing and Urban Development, Limits. response to a public request for bids. 451 Seventh Street, SW., Room 4130, Granted by: Sandra B. Henriquez, Granted by: Sandra B. Henriquez, Washington, DC 20140–5000, telephone Assistant Secretary of Public and Indian Assistant Secretary for Public and (202) 402–4181. Housing. Indian Housing. • Regulation: 24 CFR 941.610(a)(1)– Date Granted: September 16, 2009. Date Granted: July 31, 2009. (a)(7). Reason Waived: A waiver of TDC/ Reason Waived: The High Point Project/Activity: Closing of the Olga HCC limits is allowed under the Housing Authority (HPHA) submitted Village Mixed-Finance Project of the American Recovery and Reinvestment an independent cost estimate prepared Housing Authority of the City of Act (ARRA) and in the Notice of by Willis Construction Consulting, Inc. Milwaukee (HACM) in Wisconsin. Funding Availability (NOFA) for the for Clara Cox which totaled $7,994,982. Nature of Requirement: Section Capital Fund Recovery Competition HPHA also submitted the construction 941.610(a)(1)–(a)(7) of HUD’s Grants (CFRC) for the use of ARRA contract between Crosland Inc. and regulations requires HUD review and funds in the redevelopment of public Crosland Contractors which totaled approval of certain legal documents housing units. $7,677,982. As cost was below that of relating to mixed-finance development Contact: Dominique Blom, Deputy the independent cost estimates, HUD’s before a closing can occur and public Assistant Secretary for the Office of condition was satisfied. housing funds can be released. In lieu Public Housing Investments, Office of Contact: Dominique Blom, Deputy of HUD’s review of these documents, Public and Indian Housing, Department Assistant Secretary for the Office of SAHA must submit certifications to the of Housing and Urban Development, Public Housing Investments, Office of accuracy and authenticity of the legal 451 Seventh Street, SW., Room 4130, Public and Indian Housing, Department documents detailed in 24 CFR Washington, DC 20140–5000, telephone of Housing and Urban Development, 941.610(a)(1)–(a)(7). (202) 402–4181. 451 Seventh Street, SW., Washington, Granted by: Sandra B. Henriquez, • Regulation: 24 CFR 941.306(b) and DC 20140–5000, Room 4130, telephone Assistant Secretary for Public and (c). (202) 402–4181. Indian Housing. Project/Activity: Phase IIC of Scott/ • Regulation: 24 CFR 941.610(a)(1)– Date Granted: August 27, 2009. Carver Homes, Miami-Dade Public (a)(7). Reason Waived: Granting a waiver of Housing Authority Public Housing Project/Activity: Housing Authority of HUD’s review and allowing HACM to Construction, Miami, FL. the City of Camden’s (HACC), Camden, certify to the validity of certain legal Nature of Requirement: Waiver of NJ. The closing of Roosevelt Manor, a documents was determined to Total Development Cost (TDC) and HOPE VI Phase 9–10 mixed-finance streamline the review process and Housing Construction Cost (HCC) project, consisting of the development therefore expedite closing and public Limits. of 89 family rental units on off-site housing production. Granted by: Sandra B. Henriquez, parcels adjacent to and nearby the Contact: Dominique Blom, Deputy Assistant Secretary of Public and Indian former Roosevelt Manor public housing Assistant Secretary for the Office of Housing. site. Public Housing Investments, Office of Date Granted: September 16, 2009. Nature of Requirement: Section Public and Indian Housing, Department Reason Waived: A waiver of TDC/ 941.610(a)(1)–(a)(7) of HUD’s regulation of Housing and Urban Development, HCC limits is allowed under the requires HUD review and approval of 451 Seventh Street, SW., Room 4130, American Recovery and Reinvestment certain legal documents relating to Washington, DC 20140–5000, telephone Act (ARRA) and in the Notice of mixed-finance development before a (202) 402–4181. Funding Availability (NOFA) for the closing can occur and funds can be • Regulation: 24 CFR 982.503(d) and Capital Fund Recovery Competition released. In lieu of HUD’s review, and 982.505(c)(3).

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Project/Activity: Omaha Housing second regular reexamination following Room 4210, Washington, DC 20410– Authority (OHA), Omaha, NE. the effective date of the decrease. 5000, telephone (202) 708–0477. Nature of Requirement: HUD’s Granted by: Sandra B. Henriquez, • Regulation: 24 CFR 982.505(c)(3). regulation at 24 CFR 982.503(d) Assistant Secretary for Public and Project/Activity: New Hampshire provides that HUD may consider and Indian Housing. Housing Finance Authority (NHHFA), approve a PHA’s establishment of a Date Granted: August 7, 2009. Manchester, NH. payment standard lower than the basic Reason Waived: These waivers were Nature of Requirement: HUD’s range, but that HUD will not approve a granted because these cost-saving regulation at 24 CFR 982.505(c)(3) lower payment standard if the family measures would enable HACC to both provides that if the amount on the share for more than 40 percent of manage its Housing Choice Voucher payment standard schedule is decreased participants in the PHA’s Housing program within allocated budget during the term of the HAP contract, the Choice Voucher program exceeds 30 authority and avoid or lessen the lower payment standard amount percent of adjusted monthly income. termination of HAP contracts due to generally must be used to calculate the The regulation at 24 CFR 982.505(c)(3) insufficient funding. monthly HAP for the family beginning provides that if the amount on the Contact: Laure Rawson, Acting at the effective date of the family’s payment standard schedule is decreased Director, Housing Voucher Management second regular reexamination following during the term of the HAP contract, the and Operations Division, Office of the effective date of the decrease. lower payment standard amount Public Housing and Voucher Programs, Granted by: Sandra B. Henriquez, generally must be used to calculate the Office of Public and Indian Housing, Assistant Secretary for Public and monthly HAP for the family beginning Department of Housing and Urban Indian Housing. at the effective date of the family’s Development, 451 Seventh Street, SW., Date Granted: July 2, 2009. second regular reexamination following Room 4210, Washington, DC 20410– Reason Waived: This waiver was the effective date of the decrease. 5000, telephone (202) 708–0477. granted because this cost-saving Granted by: Sandra B. Henriquez, • Regulation: 24 CFR 982.503(d) and measure would enable NHHFA to both Assistant Secretary for Public and 982.505(c)(3). manage its Housing Choice Voucher Indian Housing. Project/Activity: Housing Authority of program within allocated budget Date Granted: August 5, 2009. the County of Riverside (HACR), authority and avoid or lessen the Reason Waived: These waivers were Riverside, CA. termination of HAP contracts due to granted because these cost-saving Nature of Requirement: HUD’s insufficient funding. measures would enable OHA to both regulation at 24 CFR 982.503(d) Contact: Laure Rawson, Acting manage its Housing Choice Voucher provides that HUD may consider and Director, Housing Voucher Management program within allocated budget approve a PHA’s establishment of a and Operations Division, Office of authority and avoid or lessen the payment standard lower than the basic Public Housing and Voucher Programs, termination of HAP contracts due to range, but that HUD will not approve a Office of Public and Indian Housing, insufficient funding. lower payment standard if the family Department of Housing and Urban Contact: Laure Rawson, Acting share for more than 40 percent of Development, 451 Seventh Street, SW., Director, Housing Voucher Management participants in the PHA’s Housing Room 4210, Washington, DC 20410– and Operations Division, Office of Choice Voucher program exceeds 30 5000, telephone (202) 708–0477. Public Housing and Voucher Programs, percent of adjusted monthly income. • Regulation: 24 CFR 982.505(c)(3). Office of Public and Indian Housing, The regulation at 24 CFR 982.505(c)(3) Project/Activity: Northwest Oregon Department of Housing and Urban provides that if the amount on the Housing Authority (NOHA), Warrenton, Development, 451 Seventh Street, SW., payment standard schedule is decreased OR. Room 4210, Washington, DC 20410– during the term of the HAP contract, the Nature of Requirement: HUD’s 5000, telephone (202) 708–0477. lower payment standard amount regulation at 24 CFR 982.505(c)(3) • Regulation: 24 CFR 982.503(d) and generally must be used to calculate the provides that if the amount on the 982.505(c)(3). monthly HAP for the family beginning payment standard schedule is decreased Project/Activity: Housing Authority of at the effective date of the family’s during the term of the HAP contract, the the City of Columbus (HACC), second regular reexamination following lower payment standard amount Columbus, IN. the effective date of the decrease. generally must be used to calculate the Nature of Requirement: HUD’s Granted by: Sandra B. Henriquez, monthly HAP for the family beginning regulation at 24 CFR 982.503(d) Assistant Secretary for Public and at the effective date of the family’s provides that HUD may consider and Indian Housing. second regular reexamination following approve a PHA’s establishment of a Date Granted: August 7, 2009. the effective date of the decrease. payment standard lower than the basic Reason Waived: These waivers were Granted by: Sandra B. Henriquez, range, but that HUD will not approve a granted because these cost-saving Assistant Secretary for Public and lower payment standard if the family measures would enable HACR to both Indian Housing. share for more than 40 percent of manage its Housing Choice Voucher Date Granted: July 2, 2009. participants in the PHA’s Housing program within allocated budget Reason Waived: This waiver was Choice Voucher program exceeds 30 authority and avoid or lessen the granted because this cost-saving percent of adjusted monthly income. termination of HAP contracts due to measure would enable NOHA to both The regulation at 24 CFR 982.505(c)(3) insufficient funding. manage its Housing Choice Voucher provides that if the amount on the Contact: Laure Rawson, Acting program within allocated budget payment standard schedule is decreased Director, Housing Voucher Management authority and avoid or lessen the during the term of the HAP contract, the and Operations Division, Office of termination of HAP contracts due to lower payment standard amount Public Housing and Voucher Programs, insufficient funding. generally must be used to calculate the Office of Public and Indian Housing, Contact: Laure Rawson, Acting monthly HAP for the family beginning Department of Housing and Urban Director, Housing Voucher Management at the effective date of the family’s Development, 451 Seventh Street, SW., and Operations Division, Office of

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Public Housing and Voucher Programs, Contact: Laure Rawson, Acting termination of HAP contracts due to Office of Public and Indian Housing, Director, Housing Voucher Management insufficient funding. Department of Housing and Urban and Operations Division, Office of Contact: Laure Rawson, Acting Development, 451 Seventh Street, SW., Public Housing and Voucher Programs, Director, Housing Voucher Management Room 4210, Washington, DC 20410– Office of Public and Indian Housing, and Operations Division, Office of 5000, telephone (202) 708–0477. Department of Housing and Urban Public Housing and Voucher Programs, • Regulation: 24 CFR 982.505(c)(3). Development, 451 Seventh Street, SW., Office of Public and Indian Housing, Project/Activity: Housing Authority of Room 4210, Washington, DC 20410– Department of Housing and Urban Winston-Salem (HAWS), Winston- 5000, telephone (202) 708–0477. Development, 451 Seventh Street, SW., Salem, NC. • Regulation: 24 CFR 982.505(c)(3). Room 4210, Washington, DC 20410– Nature of Requirement: HUD’s Project/Activity: Walla Walla Housing 5000, telephone (202) 708–0477. regulation at 24 CFR 982.505(c)(3) Authority (WWHA), Walla Walla, WA. • Regulation: 24 CFR 982.505(c)(3). provides that if the amount on the Nature of Requirement: HUD’s Project/Activity: Boerne Housing payment standard schedule is decreased regulation at 24 CFR 982.505(c)(3) Authority (BHA), Boerne, TX. during the term of the HAP contract, the provides that if the amount on the Nature of Requirement: HUD’s lower payment standard amount payment standard schedule is decreased regulation at 24 CFR 982.505(c)(3) generally must be used to calculate the during the term of the HAP contract, the provides that if the amount on the monthly HAP for the family beginning lower payment standard amount payment standard schedule is decreased at the effective date of the family’s generally must be used to calculate the during the term of the HAP contract, the second regular reexamination following monthly HAP for the family beginning lower payment standard amount the effective date of the decrease. at the effective date of the family’s generally must be used to calculate the Granted by: Sandra B. Henriquez, second regular reexamination following monthly HAP for the family beginning Assistant Secretary for Public and the effective date of the decrease. at the effective date of the family’s Indian Housing. Granted by: Sandra B. Henriquez, second regular reexamination following Date Granted: July 2, 2009. Reason Waived: This waiver was Assistant Secretary for Public and the effective date of the decrease. Granted by: Sandra B. Henriquez, granted because this cost-saving Indian Housing. Date Granted: July 2, 2009. Assistant Secretary for Public and measure would enable HAWS to both Reason Waived: This waiver was Indian Housing. manage its Housing Choice Voucher granted because this cost-saving Date Granted: July 13, 2009. program within allocated budget measure would enable WWHA to both Reason Waived: This waiver was authority and avoid or lessen the manage its Housing Choice Voucher granted because this cost-saving termination of HAP contracts due to program within allocated budget measure would enable BHA to both insufficient funding. Contact: Laure Rawson, Acting authority and avoid or lessen the manage its Housing Choice Voucher Director, Housing Voucher Management termination of HAP contracts due to program within allocated budget and Operations Division, Office of insufficient funding. authority and avoid or lessen the Public Housing and Voucher Programs, Contact: Laure Rawson, Acting termination of HAP contracts due to Office of Public and Indian Housing, Director, Housing Voucher Management insufficient funding. Department of Housing and Urban and Operations Division, Office of Contact: Laure Rawson, Acting Development, 451 Seventh Street, SW., Public Housing and Voucher Programs, Director, Housing Voucher Management Room 4210, Washington, DC 20410– Office of Public and Indian Housing, and Operations Division, Office of 5000, telephone (202) 708–0477. Department of Housing and Urban Public Housing and Voucher Programs, Development, 451 Seventh Street, SW., Office of Public and Indian Housing, • Regulation: 24 CFR 982.505(c)(3). Room 4210, Washington, DC 20410– Department of Housing and Urban Project/Activity: Queen Anne’s 5000, telephone (202) 708–0477. Development, 451 Seventh Street, SW., County Housing Authority (QACHA), • Room 4210, Washington, DC 20410– Queen Anne’s County, MD. Regulation: 24 CFR 982.505(c)(3). Nature of Requirement: HUD’s Project/Activity: Ada County Housing 5000, telephone (202) 708–0477. regulation at 24 CFR 982.505(c)(3) Authority (ACHA), Boise, ID. • Regulation: 24 CFR 982.505(c)(3). provides that if the amount on the Nature of Requirement: HUD’s Project/Activity: Dolgeville Housing payment standard schedule is decreased regulation at 24 CFR 982.505(c)(3) Authority (DHA), Dolgeville, NY. during the term of the HAP contract, the provides that if the amount on the Nature of Requirement: HUD’s lower payment standard amount payment standard schedule is decreased regulation at 24 CFR 982.505(c)(3) generally must be used to calculate the during the term of the HAP contract, the provides that if the amount on the monthly HAP for the family beginning lower payment standard amount payment standard schedule is decreased at the effective date of the family’s generally must be used to calculate the during the term of the HAP contract, the second regular reexamination following monthly HAP for the family beginning lower payment standard amount the effective date of the decrease. at the effective date of the family’s generally must be used to calculate the Granted by: Sandra B. Henriquez, second regular reexamination following monthly HAP for the family beginning Assistant Secretary for Public and the effective date of the decrease. at the effective date of the family’s Indian Housing. Granted by: Sandra B. Henriquez, second regular reexamination following Date Granted: July 2, 2009. Assistant Secretary for Public and the effective date of the decrease. Reason Waived: This waiver was Indian Housing. Granted by: Sandra B. Henriquez, granted because this cost-saving Date Granted: July 13, 2009. Assistant Secretary for Public and measure would enable QACHA to both Reason Waived: This waiver was Indian Housing. manage its Housing Choice Voucher granted because this cost-saving Date Granted: July 13, 2009. program within allocated budget measure would enable ACHA to both Reason Waived: This waiver was authority and avoid or lessen the manage its Housing Choice Voucher granted because this cost-saving termination of HAP contracts due to program within allocated budget measure would enable DHA to both insufficient funding. authority and avoid or lessen the manage its Housing Choice Voucher

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program within allocated budget Reason Waived: This waiver was Granted by: Sandra B. Henriquez, authority and avoid or lessen the granted because this cost-saving Assistant Secretary for Public and termination of HAP contracts due to measure would enable HACK to both Indian Housing. insufficient funding. manage its Housing Choice Voucher Date Granted: July 13, 2009. Contact: Laure Rawson, Acting program within allocated budget Reason Waived: This waiver was Director, Housing Voucher Management authority and avoid or lessen the granted because this cost-saving and Operations Division, Office of termination of HAP contracts due to measure would enable HACM to both Public Housing and Voucher Programs, insufficient funding. manage its Housing Choice Voucher Office of Public and Indian Housing, Contact: Laure Rawson, Acting program within allocated budget Department of Housing and Urban Director, Housing Voucher Management authority and avoid or lessen the Development, 451 Seventh Street, SW., and Operations Division, Office of termination of HAP contracts due to Room 4210, Washington, DC 20410– Public Housing and Voucher Programs, insufficient funding. 5000, telephone (202) 708–0477. Office of Public and Indian Housing, Contact: Laure Rawson, Acting • Regulation: 24 CFR 982.505(c)(3). Department of Housing and Urban Director, Housing Voucher Management Project/Activity: Hartford Community Development, 451 Seventh Street, SW., and Operations Division, Office of Development Authority (HCDA), Room 4210, Washington, DC 20410– Public Housing and Voucher Programs, Hartford, WI. 5000, telephone (202) 708–0477. Office of Public and Indian Housing, Nature of Requirement: HUD’s • Regulation: 24 CFR 982.505(c)(3). Department of Housing and Urban Development, 451 Seventh Street, SW., regulation at 24 CFR 982.505(c)(3) Project/Activity: Marion County Room 4210, Washington, DC 20410– provides that if the amount on the Housing Authority (MCHA), Salem, OR. payment standard schedule is decreased 5000, telephone (202) 708–0477. Nature of Requirement: HUD’s • during the term of the HAP contract, the regulation at 24 CFR 982.505(c)(3) Regulation: 24 CFR 982.505(c)(3). lower payment standard amount provides that if the amount on the Project/Activity: Housing Authority of generally must be used to calculate the payment standard schedule is decreased St. Mary’s County (HASMC), Lexington monthly HAP for the family beginning during the term of the HAP contract, the Park, MD. at the effective date of the family’s lower payment standard amount Nature of Requirement: HUD’s second regular reexamination following generally must be used to calculate the regulation at 24 CFR 982.505(c)(3) the effective date of the decrease. monthly HAP for the family beginning provides that if the amount on the Granted by: Sandra B. Henriquez, at the effective date of the family’s payment standard schedule is decreased Assistant Secretary for Public and second regular reexamination following during the term of the HAP contract, the Indian Housing. the effective date of the decrease. lower payment standard amount Date Granted: July 13, 2009. generally must be used to calculate the Granted by: Sandra B. Henriquez, Reason Waived: This waiver was monthly HAP for the family beginning Assistant Secretary for Public and granted because this cost-saving at the effective date of the family’s Indian Housing. measure would enable HCDA to both second regular reexamination following manage its Housing Choice Voucher Date Granted: July 13, 2009. the effective date of the decrease. program within allocated budget Reason Waived: This waiver was Granted by: Sandra B. Henriquez, authority and avoid or lessen the granted because this cost-saving Assistant Secretary for Public and termination of HAP contracts due to measure would enable MCHA to both Indian Housing. insufficient funding. manage its Housing Choice Voucher Date Granted: July 13, 2009. Contact: Laure Rawson, Acting program within allocated budget Reason Waived: This waiver was Director, Housing Voucher Management authority and avoid or lessen the granted because this cost-saving and Operations Division, Office of termination of HAP contracts due to measure would enable HASMC to both Public Housing and Voucher Programs, insufficient funding. manage its Housing Choice Voucher Office of Public and Indian Housing, Contact: Laure Rawson, Acting program within allocated budget Department of Housing and Urban Director, Housing Voucher Management authority and avoid or lessen the Development, 451 Seventh Street, SW., and Operations Division, Office of termination of HAP contracts due to Room 4210, Washington, DC 20410– Public Housing and Voucher Programs, insufficient funding. 5000, telephone (202) 708–0477. Office of Public and Indian Housing, Contact: Laure Rawson, Acting Department of Housing and Urban • Regulation: 24 CFR 982.505(c)(3). Director, Housing Voucher Management Project/Activity: Housing Authority of Development, 451 Seventh Street, SW., and Operations Division, Office of the County of Kern (HACK), Bakersfield, Room 4210, Washington, DC 20410– Public Housing and Voucher Programs, CA. 5000, telephone (202) 708–0477. Office of Public and Indian Housing, Nature of Requirement: HUD’s • Regulation: 24 CFR 982.505(c)(3). Department of Housing and Urban regulation at 24 CFR 982.505(c)(3) Project/Activity: Housing Authority of Development, 451 Seventh Street, SW., provides that if the amount on the the County of Monterey (HACM), Room 4210, Washington, DC 20410– payment standard schedule is decreased Salinas, CA. 5000, telephone (202) 708–0477. during the term of the HAP contract, the Nature of Requirement: HUD’s • Regulation: 24 CFR 982.505(c)(3). lower payment standard amount regulation at 24 CFR 982.505(c)(3) Project/Activity: West Allis generally must be used to calculate the provides that if the amount on the Community Development Authority monthly HAP for the family beginning payment standard schedule is decreased (WACDA), West Allis, WI. at the effective date of the family’s during the term of the HAP contract, the Nature of Requirement: HUD’s second regular reexamination following lower payment standard amount regulation at 24 CFR 982.505(c)(3) the effective date of the decrease. generally must be used to calculate the provides that if the amount on the Granted by: Sandra B. Henriquez, monthly HAP for the family beginning payment standard schedule is decreased Assistant Secretary for Public and at the effective date of the family’s during the term of the HAP contract, the Indian Housing. second regular reexamination following lower payment standard amount Date Granted: July 13, 2009. the effective date of the decrease. generally must be used to calculate the

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monthly HAP for the family beginning payment standard schedule is decreased Nature of Requirement: HUD’s at the effective date of the family’s during the term of the HAP contract, the regulation at 24 CFR 982.505(c)(3) second regular reexamination following lower payment standard amount provides that if the amount on the the effective date of the decrease. generally must be used to calculate the payment standard schedule is decreased Granted by: Sandra B. Henriquez, monthly HAP for the family beginning during the term of the HAP contract, the Assistant Secretary for Public and at the effective date of the family’s lower payment standard amount Indian Housing. second regular reexamination following generally must be used to calculate the Date Granted: July 13, 2009. the effective date of the decrease. monthly HAP for the family beginning Reason Waived: This waiver was Granted by: Sandra B. Henriquez, at the effective date of the family’s granted because this cost-saving Assistant Secretary for Public and second regular reexamination following measure would enable WACDA to both Indian Housing. the effective date of the decrease. manage its Housing Choice Voucher Date Granted: July 16, 2009. Granted by: Sandra B. Henriquez, program within allocated budget Reason Waived: This waiver was Assistant Secretary for Public and authority and avoid or lessen the granted because this cost-saving Indian Housing. termination of HAP contracts due to measure would enable HACC to both Date Granted: July 23, 2009. insufficient funding. manage its Housing Choice Voucher Reason Waived: This waiver was Contact: Laure Rawson, Acting program within allocated budget granted because this cost-saving Director, Housing Voucher Management authority and avoid or lessen the measure would enable HACD to both and Operations Division, Office of termination of HAP contracts due to manage its Housing Choice Voucher Public Housing and Voucher Programs, insufficient funding. program within allocated budget Office of Public and Indian Housing, Contact: Laure Rawson, Acting authority and avoid or lessen the Department of Housing and Urban Director, Housing Voucher Management termination of HAP contracts due to Development, 451 Seventh Street, SW., and Operations Division, Office of insufficient funding. Room 4210, Washington, DC 20410– Public Housing and Voucher Programs, Contact: Laure Rawson, Acting 5000, telephone (202) 708–0477. Office of Public and Indian Housing, Director, Housing Voucher Management Department of Housing and Urban • Regulation: 24 CFR 982.505(c)(3). and Operations Division, Office of Development, 451 Seventh Street, SW., Public Housing and Voucher Programs, Project/Activity: Housing Authority of Room 4210, Washington, DC 20410– the Birmingham District (HABC), Office of Public and Indian Housing, 5000, telephone (202) 708–0477. Department of Housing and Urban Birmingham, AL. • Nature of Requirement: HUD’s Regulation: 24 CFR 982.505(c)(3). Development, 451 Seventh Street, SW., Project/Activity: Housing Authority of regulation at 24 CFR 982.505(c)(3) Room 4210, Washington, DC 20410– the City of Richland (HACR), Richland, provides that if the amount on the 5000, telephone (202) 708–0477. WA. • payment standard schedule is decreased Nature of Requirement: HUD’s Regulation: 24 CFR 982.505(c)(3). during the term of the HAP contract, the regulation at 24 CFR 982.505(c)(3) Project/Activity: Foley Housing lower payment standard amount provides that if the amount on the Authority (FHA), Foley, AL. generally must be used to calculate the payment standard schedule is decreased Nature of Requirement: HUD’s monthly HAP for the family beginning during the term of the HAP contract, the regulation at 24 CFR 982.505(c)(3) at the effective date of the family’s lower payment standard amount provides that if the amount on the second regular reexamination following generally must be used to calculate the payment standard schedule is decreased the effective date of the decrease. monthly HAP for the family beginning during the term of the HAP contract, the Granted by: Sandra B. Henriquez, at the effective date of the family’s lower payment standard amount Assistant Secretary for Public and second regular reexamination following generally must be used to calculate the Indian Housing. the effective date of the decrease. monthly HAP for the family beginning Date Granted: July 16, 2009. Granted by: Sandra B. Henriquez, at the effective date of the family’s Reason Waived: This waiver was Assistant Secretary for Public and second regular reexamination following granted because this cost-saving Indian Housing. the effective date of the decrease. measure would enable HABD to both Date Granted: July 22, 2009. Granted by: Sandra B. Henriquez, manage its Housing Choice Voucher Reason Waived: This waiver was Assistant Secretary for Public and program within allocated budget granted because this cost-saving Indian Housing. authority and avoid or lessen the measure would enable HACR to both Date Granted: July 23, 2009. termination of HAP contracts due to manage its Housing Choice Voucher Reason Waived: This waiver was insufficient funding. program within allocated budget granted because this cost-saving Contact: Laure Rawson, Acting authority and avoid or lessen the measure would enable FHA to both Director, Housing Voucher Management termination of HAP contracts due to manage its Housing Choice Voucher and Operations Division, Office of insufficient funding. program within allocated budget Public Housing and Voucher Programs, Contact: Laure Rawson, Acting authority and avoid or lessen the Office of Public and Indian Housing, Director, Housing Voucher Management termination of HAP contracts due to Department of Housing and Urban and Operations Division, Office of insufficient funding. Development, 451 Seventh Street, SW., Public Housing and Voucher Programs, Contact: Laure Rawson, Acting Room 4210, Washington, DC 20410– Office of Public and Indian Housing, Director, Housing Voucher Management 5000, telephone (202) 708–0477. Department of Housing and Urban and Operations Division, Office of • Regulation: 24 CFR 982.505(c)(3). Development, 451 Seventh Street, SW., Public Housing and Voucher Programs, Project/Activity: Housing Authority of Room 4210, Washington, DC 20410– Office of Public and Indian Housing, the City of Charleston (HACC), 5000, telephone (202) 708–0477. Department of Housing and Urban Charleston, SC. • Regulation: 24 CFR 982.505(c)(3). Development, 451 Seventh Street, SW., Nature of Requirement: HUD’s Project/Activity: Housing Authority of Room 4210, Washington, DC 20410– regulation at 24 CFR 982.505(c)(3) the City of Decatur (HACD), Decatur, 5000, telephone (202) 708–0477. provides that if the amount on the AL. • Regulation: 24 CFR 982.505(c)(3).

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Project/Activity: Housing Authority of Development, 451 Seventh Street, SW., Public Housing and Voucher Programs, the City of Redding (HACR), Redding, Room 4210, Washington DC 20410– Office of Public and Indian Housing, CA. 5000, telephone (202) 708–0477. Department of Housing and Urban Nature of Requirement: HUD’s • Regulation: 24 CFR 982.505(c)(3). Development, 451 Seventh Street, SW., regulation at 24 CFR 982.505(c)(3) Project/Activity: Fairfield Alabama Room 4210, Washington, DC 20410– provides that if the amount on the Housing Authority (FAHA), Selma, AL. 5000, telephone (202) 708–0477. payment standard schedule is decreased Nature of Requirement: HUD’s • Regulation: 24 CFR 982.505(c)(3). during the term of the HAP contract, the regulation at 24 CFR 982.505(c)(3) Project/Activity: Memphis Housing lower payment standard amount provides that if the amount on the Authority (MHA), Memphis, TN. generally must be used to calculate the payment standard schedule is decreased Nature of Requirement: HUD’s monthly HAP for the family beginning during the term of the HAP contract, the regulation at 24 CFR 982.505(c)(3) at the effective date of the family’s lower payment standard amount provides that if the amount on the second regular reexamination following generally must be used to calculate the payment standard schedule is decreased the effective date of the decrease. monthly HAP for the family beginning during the term of the HAP contract, the Granted by: Sandra B. Henriquez, at the effective date of the family’s lower payment standard amount Assistant Secretary for Public and second regular reexamination following generally must be used to calculate the Indian Housing. the effective date of the decrease. monthly HAP for the family beginning Date Granted: July 23, 2009. Granted by: Sandra B. Henriquez, at the effective date of the family’s Reason Waived: This waiver was Assistant Secretary for Public and second regular reexamination following granted because this cost-saving Indian Housing. the effective date of the decrease. measure would enable HACR to both Date Granted: July 24, 2009. Granted by: Sandra B. Henriquez, manage its Housing Choice Voucher Reason Waived: This waiver was Assistant Secretary for Public and program within allocated budget granted because this cost-saving Indian Housing. authority and avoid or lessen the measure would enable FAHA to both Date Granted: July 24, 2009. termination of HAP contracts due to manage its Housing Choice Voucher Reason Waived: This waiver was insufficient funding. program within allocated budget granted because this cost-saving Contact: Laure Rawson, Acting authority and avoid or lessen the measure would enable MHA to both Director, Housing Voucher Management termination of HAP contracts due to manage its Housing Choice Voucher and Operations Division, Office of insufficient funding. program within allocated budget Public Housing and Voucher Programs, Contact: Laure Rawson, Acting authority and avoid or lessen the Office of Public and Indian Housing, Director, Housing Voucher Management termination of HAP contracts due to Department of Housing and Urban and Operations Division, Office of insufficient funding. Contact: Laure Rawson, Acting Development, 451 Seventh Street, SW., Public Housing and Voucher Programs, Director, Housing Voucher Management Room 4210, Washington, DC 20410– Office of Public and Indian Housing, and Operations Division, Office of 5000, telephone (202) 708–0477. Department of Housing and Urban Public Housing and Voucher Programs, • Development, 451 Seventh Street, SW., Regulation: 24 CFR 982.505(c)(3). Office of Public and Indian Housing, Room 4210, Washington, DC 20410– Project/Activity: County of Becker Department of Housing and Urban 5000, telephone (202) 708–0477. Housing and Economic Development Development, 451 Seventh Street, SW., • Authority (CBHEDA), Detroit Lakes, MI. Regulation: 24 CFR 982.505(c)(3). Room 4210, Washington, DC 20410– Nature of Requirement: HUD’s Project/Activity: Housing Authority of 5000, telephone (202) 708–0477. regulation at 24 CFR 982.505(c)(3) the County of Hidalgo (HACH), • Regulation: 24 CFR 982.505(c)(3). provides that if the amount on the Weslaco, TX. Project/Activity: Miami Metropolitan payment standard schedule is decreased Nature of Requirement: HUD’s Housing Authority (MMHA), Troy, OH. during the term of the HAP contract, the regulation at 24 CFR 982.505(c)(3) Nature of Requirement: HUD’s lower payment standard amount provides that if the amount on the regulation at 24 CFR 982.505(c)(3) generally must be used to calculate the payment standard schedule is decreased provides that if the amount on the monthly HAP for the family beginning during the term of the HAP contract, the payment standard schedule is decreased at the effective date of the family’s lower payment standard amount during the term of the HAP contract, the second regular reexamination following generally must be used to calculate the lower payment standard amount the effective date of the decrease. monthly HAP for the family beginning generally must be used to calculate the Granted by: Sandra B. Henriquez, at the effective date of the family’s monthly HAP for the family beginning Assistant Secretary for Public and second regular reexamination following at the effective date of the family’s Indian Housing. the effective date of the decrease. second regular reexamination following Date Granted: July 24, 2009. Granted by: Sandra B. Henriquez, the effective date of the decrease. Reason Waived: This waiver was Assistant Secretary for Public and Granted by: Sandra B. Henriquez, granted because this cost-saving Indian Housing. Assistant Secretary for Public and measure would enable CBHEDA to both Date Granted: July 24, 2009. Indian Housing. manage its Housing Choice Voucher Reason Waived: This waiver was Date Granted: July 24, 2009. program within allocated budget granted because this cost-saving Reason Waived: This waiver was authority and avoid or lessen the measure would enable HACH to both granted because this cost-saving termination of HAP contracts due to manage its Housing Choice Voucher measure would enable MMHA to both insufficient funding. program within allocated budget manage its Housing Choice Voucher Contact: Laure Rawson, Acting authority and avoid or lessen the program within allocated budget Director, Housing Voucher Management termination of HAP contracts due to authority and avoid or lessen the and Operations Division, Office of insufficient funding. termination of HAP contracts due to Public Housing and Voucher Programs, Contact: Laure Rawson, Acting insufficient funding. Office of Public and Indian Housing, Director, Housing Voucher Management Contact: Laure Rawson, Acting Department of Housing and Urban and Operations Division, Office of Director, Housing Voucher Management

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and Operations Division, Office of Contact: Laure Rawson, Acting termination of HAP contracts due to Public Housing and Voucher Programs, Director, Housing Voucher Management insufficient funding. Office of Public and Indian Housing, and Operations Division, Office of Contact: Laure Rawson, Acting Department of Housing and Urban Public Housing and Voucher Programs, Director, Housing Voucher Management Development, 451 Seventh Street, SW., Office of Public and Indian Housing, and Operations Division, Office of Room 4210, Washington, DC 20410– Department of Housing and Urban Public Housing and Voucher Programs, 5000, telephone (202) 708–0477. Development, 451 Seventh Street, SW., Office of Public and Indian Housing, • Regulation: 24 CFR 982.505(c)(3). Room 4210, Washington, DC 20410– Department of Housing and Urban Project/Activity: Selma Housing 5000, telephone (202) 708–0477. Development, 451 Seventh Street, SW., Authority (SHA), Selma, AL. • Regulation: 24 CFR 982.505(c)(3). Room 4210, Washington, DC 20410– Nature of Requirement: HUD’s Project/Activity: Clearwater Housing 5000, telephone (202) 708–0477. regulation at 24 CFR 982.505(c)(3) Authority (CHA), Clearwater, FL. • Regulation: 24 CFR 982.505(c)(3). provides that if the amount on the Nature of Requirement: HUD’s Project/Activity: Hampton payment standard schedule is decreased regulation at 24 CFR 982.505(c)(3) Redevelopment and Housing Authority during the term of the HAP contract, the provides that if the amount on the (HRHA), Hampton, VA. lower payment standard amount payment standard schedule is decreased Nature of Requirement: HUD’s generally must be used to calculate the during the term of the HAP contract, the regulation at 24 CFR 982.505(c)(3) monthly HAP for the family beginning lower payment standard amount provides that if the amount on the at the effective date of the family’s generally must be used to calculate the payment standard schedule is decreased second regular reexamination following monthly HAP for the family beginning during the term of the HAP contract, the the effective date of the decrease. at the effective date of the family’s lower payment standard amount Granted by: Sandra B. Henriquez, second regular reexamination following generally must be used to calculate the Assistant Secretary for Public and the effective date of the decrease. monthly HAP for the family beginning Indian Housing. Granted by: Sandra B. Henriquez, at the effective date of the family’s Date Granted: July 24, 2009. Assistant Secretary for Public and second regular reexamination following Reason Waived: This waiver was Indian Housing. the effective date of the decrease. granted because this cost-saving Date Granted: July 31, 2009. Granted by: Sandra B. Henriquez, measure would enable SHA to both Reason Waived: This waiver was Assistant Secretary for Public and manage its Housing Choice Voucher granted because this cost-saving Indian Housing. program within allocated budget measure would enable CHA to both Date Granted: July 31, 2009. authority and avoid or lessen the manage its Housing Choice Voucher Reason Waived: This waiver was termination of HAP contracts due to program within allocated budget granted because this cost-saving insufficient funding. authority and avoid or lessen the measure would enable HRHA to both Contact: Laure Rawson, Acting termination of HAP contracts due to manage its Housing Choice Voucher Director, Housing Voucher Management insufficient funding. program within allocated budget and Operations Division, Office of Contact: Laure Rawson, Acting authority and avoid or lessen the Public Housing and Voucher Programs, Director, Housing Voucher Management termination of HAP contracts due to Office of Public and Indian Housing, and Operations Division, Office of insufficient funding. Department of Housing and Urban Public Housing and Voucher Programs, Contact: Laure Rawson, Acting Development, 451 Seventh Street, SW., Office of Public and Indian Housing, Director, Housing Voucher Management Room 4210, Washington, DC 20410– Department of Housing and Urban and Operations Division, Office of 5000, telephone (202) 708–0477. Development, 451 Seventh Street, SW., Public Housing and Voucher Programs, • Regulation: 24 CFR 982.505(c)(3). Room 4210, Washington, DC 20410– Office of Public and Indian Housing, Project/Activity: Housing Authority of 5000, telephone (202) 708–0477. Department of Housing and Urban the City of Cabool (HACC), Cabool, MO. • Regulation: 24 CFR 982.505(c)(3). Development, 451 Seventh Street, SW., Nature of Requirement: HUD’s Project/Activity: Cordova Housing Room 4210, Washington, DC 20410– regulation at 24 CFR 982.505(c)(3) Authority (CHA), Cordova, AL. 5000, telephone (202) 708–0477. provides that if the amount on the Nature of Requirement: HUD’s • Regulation: 24 CFR 982.505(c)(3). payment standard schedule is decreased regulation at 24 CFR 982.505(c)(3) Project/Activity: Hopewell Housing during the term of the HAP contract, the provides that if the amount on the and Redevelopment Authority (HHRA), lower payment standard amount payment standard schedule is decreased Hopewell, VA. generally must be used to calculate the during the term of the HAP contract, the Nature of Requirement: HUD’s monthly HAP for the family beginning lower payment standard amount regulation at 24 CFR 982.505(c)(3) at the effective date of the family’s generally must be used to calculate the provides that if the amount on the second regular reexamination following monthly HAP for the family beginning payment standard schedule is decreased the effective date of the decrease. at the effective date of the family’s during the term of the HAP contract, the Granted by: Sandra B. Henriquez, second regular reexamination following lower payment standard amount Assistant Secretary for Public and the effective date of the decrease. generally must be used to calculate the Indian Housing. Granted by: Sandra B. Henriquez, monthly HAP for the family beginning Date Granted: July 31, 2009. Assistant Secretary for Public and at the effective date of the family’s Reason Waived: This waiver was Indian Housing. second regular reexamination following granted because this cost-saving Date Granted: August 5, 2009. the effective date of the decrease. measure would enable HACC to both Reason Waived: This waiver was Granted by: Sandra B. Henriquez, manage its Housing Choice Voucher granted because this cost-saving Assistant Secretary for Public and program within allocated budget measure would enable CHA to both Indian Housing. authority and avoid or lessen the manage its Housing Choice Voucher Date Granted: July 31, 2009. termination of HAP contracts due to program within allocated budget Reason Waived: This waiver was insufficient funding. authority and avoid or lessen the granted because this cost-saving

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measure would enable HHRA to both Date Granted: July 31, 2009. Granted by: Sandra B. Henriquez, manage its Housing Choice Voucher Reason Waived: This waiver was Assistant Secretary for Public and program within allocated budget granted because this cost-saving Indian Housing. authority and avoid or lessen the measure would enable HACOT to both Date Granted: August 5, 2009. termination of HAP contracts due to manage its Housing Choice Voucher Reason Waived: This waiver was insufficient funding. program within allocated budget granted because this cost-saving Contact: Laure Rawson, Acting authority and avoid or lessen the measure would enable WHC to both Director, Housing Voucher Management termination of HAP contracts due to manage its Housing Choice Voucher and Operations Division, Office of insufficient funding. program within allocated budget Public Housing and Voucher Programs, Contact: Laure Rawson, Acting authority and avoid or lessen the Office of Public and Indian Housing, Director, Housing Voucher Management termination of HAP contracts due to Department of Housing and Urban and Operations Division, Office of insufficient funding. Development, 451 Seventh Street, SW., Public Housing and Voucher Programs, Contact: Laure Rawson, Acting Room 4210, Washington, DC 20410– Office of Public and Indian Housing, Director, Housing Voucher Management 5000, telephone (202) 708–0477. Department of Housing and Urban and Operations Division, Office of • Regulation: 24 CFR 982.505(c)(3). Development, 451 Seventh Street, SW., Public Housing and Voucher Programs, Project/Activity: Montgomery Housing Room 4210, Washington, DC 20410– Office of Public and Indian Housing, Authority (MHA), Montgomery, AL. 5000, telephone (202) 708–0477. Department of Housing and Urban Nature of Requirement: HUD’s • Regulation: 24 CFR 982.505(c)(3). Development, 451 Seventh Street, SW., regulation at 24 CFR 982.505(c)(3) Project/Activity: Roosevelt City Room 4210, Washington, DC 20410– provides that if the amount on the Housing Authority (RCHA), Roosevelt, 5000, telephone (202) 708–0477. payment standard schedule is decreased UT. • Regulation: 24 CFR 982.505(c)(3). during the term of the HAP contract, the Nature of Requirement: HUD’s Project/Activity: Assumption Parish lower payment standard amount regulation at 24 CFR 982.505(c)(3) Police Jury (APPJ), Napoleonville, LA. generally must be used to calculate the provides that if the amount on the Nature of Requirement: HUD’s monthly HAP for the family beginning payment standard schedule is decreased regulation at 24 CFR 982.505(c)(3) at the effective date of the family’s during the term of the HAP contract, the provides that if the amount on the second regular reexamination following lower payment standard amount payment standard schedule is decreased the effective date of the decrease. generally must be used to calculate the during the term of the HAP contract, the Granted by: Sandra B. Henriquez, monthly HAP for the family beginning lower payment standard amount Assistant Secretary for Public and at the effective date of the family’s generally must be used to calculate the Indian Housing. second regular reexamination following monthly HAP for the family beginning Date Granted: July 31, 2009. the effective date of the decrease. at the effective date of the family’s Reason Waived: This waiver was Granted by: Sandra B. Henriquez, second regular reexamination following granted because this cost-saving Assistant Secretary for Public and the effective date of the decrease. measure would enable MHA to both Indian Housing. Granted by: Sandra B. Henriquez, manage its Housing Choice Voucher Date Granted: July 31, 2009. Assistant Secretary for Public and program within allocated budget Reason Waived: This waiver was Indian Housing. authority and avoid or lessen the granted because this cost-saving Date Granted: August 11, 2009. termination of HAP contracts due to measure would enable RCHA to both Reason Waived: This waiver was insufficient funding. manage its Housing Choice Voucher granted because this cost-saving Contact: Laure Rawson, Acting program within allocated budget measure would enable APPJ to both Director, Housing Voucher Management authority and avoid or lessen the manage its Housing Choice Voucher and Operations Division, Office of termination of HAP contracts due to program within allocated budget Public Housing and Voucher Programs, insufficient funding. authority and avoid or lessen the Office of Public and Indian Housing, Contact: Laure Rawson, Acting termination of HAP contracts due to Department of Housing and Urban Director, Housing Voucher Management insufficient funding. Development, 451 Seventh Street, SW., and Operations Division, Office of Contact: Laure Rawson, Acting Room 4210, Washington, DC 20410– Public Housing and Voucher Programs, Director, Housing Voucher Management 5000, telephone (202) 708–0477. Office of Public and Indian Housing, and Operations Division, Office of • Regulation: 24 CFR 982.505(c)(3). Department of Housing and Urban Public Housing and Voucher Programs, Project/Activity: Housing Authority of Development, 451 Seventh Street, SW., Office of Public and Indian Housing, the City of Old Town (HACOT), Old Room 4210, Washington, DC 20410– Department of Housing and Urban Town, ME. 5000, telephone (202) 708–0477. Development, 451 Seventh Street, SW., Nature of Requirement: HUD’s • Regulation: 24 CFR 982.505(c)(3). Room 4210, Washington, DC 20410– regulation at 24 CFR 982.505(c)(3) Project/Activity: Wyoming Housing 5000, telephone (202) 708–0477. provides that if the amount on the Commission (WHC), Wyoming, MI. • Regulation: 24 CFR 982.505(c)(3). payment standard schedule is decreased Nature of Requirement: HUD’s Project/Activity: Housing Authority of during the term of the HAP contract, the regulation at 24 CFR 982.505(c)(3) the City of Bridgeport (HACB), lower payment standard amount provides that if the amount on the Bridgeport, CT. generally must be used to calculate the payment standard schedule is decreased Nature of Requirement: HUD’s monthly HAP for the family beginning during the term of the HAP contract, the regulation at 24 CFR 982.505(c)(3) at the effective date of the family’s lower payment standard amount provides that if the amount on the second regular reexamination following generally must be used to calculate the payment standard schedule is decreased the effective date of the decrease. monthly HAP for the family beginning during the term of the HAP contract, the Granted by: Sandra B. Henriquez, at the effective date of the family’s lower payment standard amount Assistant Secretary for Public and second regular reexamination following generally must be used to calculate the Indian Housing. the effective date of the decrease. monthly HAP for the family beginning

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at the effective date of the family’s lower payment standard amount payment standard schedule is decreased second regular reexamination following generally must be used to calculate the during the term of the HAP contract, the the effective date of the decrease. monthly HAP for the family beginning lower payment standard amount Granted by: Sandra B. Henriquez, at the effective date of the family’s generally must be used to calculate the Assistant Secretary for Public and second regular reexamination following monthly HAP for the family beginning Indian Housing. the effective date of the decrease. at the effective date of the family’s Date Granted: August 11, 2009. Granted by: Sandra B. Henriquez, second regular reexamination following Reason Waived: This waiver was Assistant Secretary for Public and the effective date of the decrease. granted because this cost-saving Indian Housing. Granted by: Sandra B. Henriquez, measure would enable HACB to both Date Granted: August 11, 2009. Assistant Secretary for Public and manage its Housing Choice Voucher Reason Waived: This waiver was Indian Housing. program within allocated budget granted because this cost-saving Date Granted: August 11, 2009. authority and avoid or lessen the measure would enable DCHA to both Reason Waived: This waiver was termination of HAP contracts due to manage its Housing Choice Voucher granted because this cost-saving insufficient funding. program within allocated budget measure would enable GCHA to both Contact: Laure Rawson, Acting authority and avoid or lessen the manage its Housing Choice Voucher Director, Housing Voucher Management termination of HAP contracts due to program within allocated budget and Operations Division, Office of insufficient funding. authority and avoid or lessen the Public Housing and Voucher Programs, Contact: Laure Rawson, Acting termination of HAP contracts due to Office of Public and Indian Housing, Director, Housing Voucher Management insufficient funding. Department of Housing and Urban and Operations Division, Office of Contact: Laure Rawson, Acting Development, 451 Seventh Street, SW., Public Housing and Voucher Programs, Director, Housing Voucher Management Room 4210, Washington, DC 20410– Office of Public and Indian Housing, and Operations Division, Office of 5000, telephone (202) 708–0477. Department of Housing and Urban Public Housing and Voucher Programs, • Regulation: 24 CFR 982.505(c)(3). Development, 451 Seventh Street, SW., Office of Public and Indian Housing, Project/Activity: Chattanooga Housing Room 4210, Washington, DC 20410– Department of Housing and Urban Authority (CHA), Chattanooga, TN. 5000, telephone (202) 708–0477. Development, 451 Seventh Street, SW., Nature of Requirement: HUD’s • Regulation: 24 CFR 982.505(c)(3). Room 4210, Washington, DC 20410– regulation at 24 CFR 982.505(c)(3) Project/Activity: Fort Dodge Housing 5000, telephone (202) 708–0477. provides that if the amount on the Authority (FDHA), Fort Dodge, IA. • Regulation: 24 CFR 982.505(c)(3). payment standard schedule is decreased Nature of Requirement: HUD’s Project/Activity: Mobile Housing during the term of the HAP contract, the regulation at 24 CFR 982.505(c)(3) Board (MHB), Mobile, AL. lower payment standard amount provides that if the amount on the Nature of Requirement: HUD’s generally must be used to calculate the payment standard schedule is decreased regulation at 24 CFR 982.505(c)(3) monthly HAP for the family beginning during the term of the HAP contract, the provides that if the amount on the at the effective date of the family’s lower payment standard amount payment standard schedule is decreased second regular reexamination following generally must be used to calculate the during the term of the HAP contract, the the effective date of the decrease. monthly HAP for the family beginning lower payment standard amount Granted by: Sandra B. Henriquez, at the effective date of the family’s generally must be used to calculate the Assistant Secretary for Public and second regular reexamination following monthly HAP for the family beginning Indian Housing. the effective date of the decrease. at the effective date of the family’s Date Granted: August 11, 2009. Granted by: Sandra B. Henriquez, second regular reexamination following Reason Waived: This waiver was Assistant Secretary for Public and the effective date of the decrease. granted because this cost-saving Indian Housing. Granted by: Sandra B. Henriquez, measure would enable CHA to both Date Granted: August 11, 2009. Assistant Secretary for Public and manage its Housing Choice Voucher Reason Waived: This waiver was Indian Housing. program within allocated budget granted because this cost-saving Date Granted: August 11, 2009. authority and avoid or lessen the measure would enable FDHA to both Reason Waived: This waiver was termination of HAP contracts due to manage its Housing Choice Voucher granted because this cost-saving insufficient funding. program within allocated budget measure would enable MHB to both Contact: Laure Rawson, Acting authority and avoid or lessen the manage its Housing Choice Voucher Director, Housing Voucher Management termination of HAP contracts due to program within allocated budget and Operations Division, Office of insufficient funding. authority and avoid or lessen the Public Housing and Voucher Programs, Contact: Laure Rawson, Acting termination of HAP contracts due to Office of Public and Indian Housing, Director, Housing Voucher Management insufficient funding. Department of Housing and Urban and Operations Division, Office of Contact: Laure Rawson, Acting Development, 451 Seventh Street, SW., Public Housing and Voucher Programs, Director, Housing Voucher Management Room 4210, Washington, DC 20410– Office of Public and Indian Housing, and Operations Division, Office of 5000, telephone (202) 708–0477. Department of Housing and Urban Public Housing and Voucher Programs, • Regulation: 24 CFR 982.505(c)(3). Development, 451 Seventh Street, SW., Office of Public and Indian Housing, Project/Activity: Davis Community Room 4210, Washington, DC 20410– Department of Housing and Urban Housing Authority (DCHA), Farmington, 5000, telephone (202) 708–0477. Development, 451 Seventh Street, SW., UT. • Regulation: 24 CFR 982.505(c)(3). Room 4210, Washington, DC 20410– Nature of Requirement: HUD’s Project/Activity: Garfield County 5000, telephone (202) 708–0477. regulation at 24 CFR 982.505(c)(3) Housing Authority (GCHA), Rifle, CO. • Regulation: 24 CFR 982.505(c)(3). provides that if the amount on the Nature of Requirement: The Project/Activity: Housing Authority of payment standard schedule is decreased regulation at 24 CFR 982.505(c)(3) the City of Opelika (HACO), Opelika, during the term of the HAP contract, the provides that if the amount on the AL.

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Nature of Requirement: HUD’s Project/Activity: Goshen Housing • Regulation: 24 CFR 982.505(c)(3). regulation at 24 CFR 982.505(c)(3) Authority (GHA), Goshen, IN. Project/Activity: Winnebago County provides that if the amount on the Nature of Requirement: HUD’s Housing Authority (WCHA), Oshkosh, payment standard schedule is decreased regulation at 24 CFR 982.505(c)(3) WI. during the term of the HAP contract, the provides that if the amount on the Nature of Requirement: HUD’s lower payment standard amount payment standard schedule is decreased regulation at 24 CFR 982.505(c)(3) generally must be used to calculate the during the term of the HAP contract, the provides that if the amount on the monthly HAP for the family beginning lower payment standard amount payment standard schedule is decreased at the effective date of the family’s generally must be used to calculate the during the term of the HAP contract, the second regular reexamination following monthly HAP for the family beginning lower payment standard amount the effective date of the decrease. at the effective date of the family’s generally must be used to calculate the Granted by: Sandra B. Henriquez, second regular reexamination following monthly HAP for the family beginning Assistant Secretary for Public and the effective date of the decrease. at the effective date of the family’s Indian Housing. Granted by: Sandra B. Henriquez, second regular reexamination following Date Granted: August 11, 2009. Assistant Secretary for Public and the effective date of the decrease. Reason Waived: This waiver was Indian Housing. Granted by: Sandra B. Henriquez, granted because this cost-saving Date Granted: August 12, 2009. Assistant Secretary for Public and measure would enable HACO to both Reason Waived: This waiver was Indian Housing. manage its Housing Choice Voucher granted because this cost-saving Date Granted: August 12, 2009. program within allocated budget measure would enable GHA to both Reason Waived: This waiver was authority and avoid or lessen the manage its Housing Choice Voucher granted because this cost-saving termination of HAP contracts due to program within allocated budget measure would enable WCHA to both insufficient funding. authority and avoid or lessen the manage its Housing Choice Voucher Contact: Laure Rawson, Acting termination of HAP contracts due to program within allocated budget Director, Housing Voucher Management insufficient funding. authority and avoid or lessen the and Operations Division, Office of Contact: Laure Rawson, Acting termination of HAP contracts due to Public Housing and Voucher Programs, Director, Housing Voucher Management insufficient funding. Office of Public and Indian Housing, and Operations Division, Office of Contact: Laure Rawson, Acting Department of Housing and Urban Public Housing and Voucher Programs, Director, Housing Voucher Management Development, 451 Seventh Street, SW., Office of Public and Indian Housing, and Operations Division, Office of Room 4210, Washington, DC 20410– Department of Housing and Urban Public Housing and Voucher Programs, 5000, telephone (202) 708–0477. Development, 451 Seventh Street, SW., Office of Public and Indian Housing, Room 4210, Washington, DC 20410– • Regulation: 24 CFR 982.505(c)(3). Department of Housing and Urban 5000, telephone (202) 708–0477. Development, 451 Seventh Street, SW., Project/Activity: Yolo County Housing • Authority (YCHA), Woodland, CA. Regulation: 24 CFR 982.505(c)(3). Room 4210, Washington, DC 20410– Project/Activity: Housing Authority of Nature of Requirement: HUD’s 5000, telephone (202) 708–0477. the City of Odessa (HACO), Odessa, TX. regulation at 24 CFR 982.505(c)(3) • Nature of Requirement: HUD’s Regulation: 24 CFR 982.505(c)(3). provides that if the amount on the regulation at 24 CFR 982.505(c)(3) Project/Activity: Mansfield payment standard schedule is decreased provides that if the amount on the Metropolitan Housing Authority during the term of the HAP contract, the payment standard schedule is decreased (MMHA), Mansfield, OH. lower payment standard amount during the term of the HAP contract, the Nature of Requirement: HUD’s generally must be used to calculate the lower payment standard amount regulation at 24 CFR 982.505(c)(3) monthly HAP for the family beginning generally must be used to calculate the provides that if the amount on the at the effective date of the family’s monthly HAP for the family beginning payment standard schedule is decreased second regular reexamination following at the effective date of the family’s during the term of the HAP contract, the the effective date of the decrease. second regular reexamination following lower payment standard amount Granted by: Sandra B. Henriquez, the effective date of the decrease. generally must be used to calculate the Assistant Secretary for Public and Granted by: Sandra B. Henriquez, monthly HAP for the family beginning Indian Housing. Assistant Secretary for Public and at the effective date of the family’s Date Granted: August 11, 2009. Indian Housing. second regular reexamination following Reason Waived: This waiver was Date Granted: August 12, 2009. the effective date of the decrease. granted because this cost-saving Reason Waived: This waiver was Granted by: Sandra B. Henriquez, measure would enable YCHA to both granted because this cost-saving Assistant Secretary for Public and manage its Housing Choice Voucher measure would enable HACO to both Indian Housing. program within allocated budget manage its Housing Choice Voucher Date Granted: August 13, 2009. authority and avoid or lessen the program within allocated budget Reason Waived: This waiver was termination of HAP contracts due to authority and avoid or lessen the granted because this cost-saving insufficient funding. termination of HAP contracts due to measure would enable MMHA to both Contact: Laure Rawson, Acting insufficient funding. manage its Housing Choice Voucher Director, Housing Voucher Management Contact: Laure Rawson, Acting program within allocated budget and Operations Division, Office of Director, Housing Voucher Management authority and avoid or lessen the Public Housing and Voucher Programs, and Operations Division, Office of termination of HAP contracts due to Office of Public and Indian Housing, Public Housing and Voucher Programs, insufficient funding. Department of Housing and Urban Office of Public and Indian Housing, Contact: Laure Rawson, Acting Development, 451 Seventh Street, SW., Department of Housing and Urban Director, Housing Voucher Management Room 4210, Washington, DC 20410– Development, 451 Seventh Street, SW., and Operations Division, Office of 5000, telephone (202) 708–0477. Room 4210, Washington, DC 20410– Public Housing and Voucher Programs, • Regulation: 24 CFR 982.505(c)(3). 5000, telephone (202) 708–0477. Office of Public and Indian Housing,

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Department of Housing and Urban and Operations Division, Office of Contact: Laure Rawson, Acting Development, 451 Seventh Street, SW., Public Housing and Voucher Programs, Director, Housing Voucher Management Room 4210, Washington, DC 20410– Office of Public and Indian Housing, and Operations Division, Office of 5000, telephone (202) 708–0477. Department of Housing and Urban Public Housing and Voucher Programs, • Regulation: 24 CFR 982.505(c)(3). Development, 451 Seventh Street, SW., Office of Public and Indian Housing, Project/Activity: Brunswick Housing Room 4210, Washington, DC 20410– Department of Housing and Urban Authority (BHA), Brunswick, GA. 5000, telephone (202) 708–0477. Development, 451 Seventh Street, SW., Nature of Requirement: HUD’s • Regulation: 24 CFR 982.505(c)(3). Room 4210, Washington, DC 20410– regulation at 24 CFR 982.505(c)(3) Project/Activity: Housing Authority of 5000, telephone (202) 708–0477. provides that if the amount on the the County of Berks (HACB), Reading, • Regulation: 24 CFR 982.505(c)(3). payment standard schedule is decreased PA. Project/Activity: Mid Iowa Regional during the term of the HAP contract, the Nature of Requirement: HUD’s Housing Authority (MIRHA), Ft. Dodge, lower payment standard amount regulation at 24 CFR 982.505(c)(3) IA. generally must be used to calculate the provides that if the amount on the Nature of Requirement: HUD’s monthly HAP for the family beginning payment standard schedule is decreased regulation at 24 CFR 982.505(c)(3) at the effective date of the family’s during the term of the HAP contract, the provides that if the amount on the second regular reexamination following lower payment standard amount payment standard schedule is decreased the effective date of the decrease. generally must be used to calculate the during the term of the HAP contract, the Granted by: Sandra B. Henriquez, monthly HAP for the family beginning lower payment standard amount Assistant Secretary for Public and at the effective date of the family’s generally must be used to calculate the Indian Housing. second regular reexamination following monthly HAP for the family beginning Date Granted: August 18, 2009. the effective date of the decrease. at the effective date of the family’s Reason Waived: This waiver was Granted by: Sandra B. Henriquez, second regular reexamination following granted because this cost-saving Assistant Secretary for Public and the effective date of the decrease. measure would enable BHA to both Indian Housing. Granted by: Sandra B. Henriquez, manage its Housing Choice Voucher Date Granted: September 1, 2009. Reason Waived: This waiver was Assistant Secretary for Public and program within allocated budget granted because this cost-saving Indian Housing. authority and avoid or lessen the Date Granted: September 1, 2009. measure would enable HACB to both termination of HAP contracts due to Reason Waived: This waiver was manage its Housing Choice Voucher insufficient funding. granted because this cost-saving program within allocated budget Contact: Laure Rawson, Acting measure would enable MIRHA to both authority and avoid or lessen the Director, Housing Voucher Management manage its Housing Choice Voucher termination of HAP contracts due to and Operations Division, Office of program within allocated budget insufficient funding. Public Housing and Voucher Programs, Contact: Laure Rawson, Acting authority and avoid or lessen the Office of Public and Indian Housing, Director, Housing Voucher Management termination of HAP contracts due to Department of Housing and Urban and Operations Division, Office of insufficient funding. Development, 451 Seventh Street, SW., Public Housing and Voucher Programs, Contact: Laure Rawson, Acting Room 4210, Washington, DC 20410– Office of Public and Indian Housing, Director, Housing Voucher Management 5000, telephone (202) 708–0477. Department of Housing and Urban and Operations Division, Office of • Regulation: 24 CFR 982.505(c)(3). Development, 451 Seventh Street, SW., Public Housing and Voucher Programs, Project/Activity: Housing Authority of Room 4210, Washington, DC 20410– Office of Public and Indian Housing, the City of Northport (HACN), 5000, telephone (202) 708–0477. Department of Housing and Urban Development, 451 Seventh Street, SW., Northport, AL. • Regulation: 24 CFR 982.505(c)(3). Room 4210, Washington, DC 20410– Nature of Requirement: HUD’s Project/Activity: Housing Authority of 5000, telephone (202) 708–0477. regulation at 24 CFR 982.505(c)(3) DeKalb County (HADC), Decatur, GA. provides that if the amount on the Nature of Requirement: HUD’s • Regulation: 24 CFR 982.505(c)(3). payment standard schedule is decreased regulation at 24 CFR 982.505(c)(3) Project/Activity: Central Texas during the term of the HAP contract, the provides that if the amount on the Council of Governments (CTCOG), lower payment standard amount payment standard schedule is decreased Belton, TX. generally must be used to calculate the during the term of the HAP contract, the Nature of Requirement: HUD’s monthly HAP for the family beginning lower payment standard amount regulation at 24 CFR 982.505(c)(3) at the effective date of the family’s generally must be used to calculate the provides that if the amount on the second regular reexamination following monthly HAP for the family beginning payment standard schedule is decreased the effective date of the decrease. at the effective date of the family’s during the term of the HAP contract, the Granted by: Sandra B. Henriquez, second regular reexamination following lower payment standard amount Assistant Secretary for Public and the effective date of the decrease. generally must be used to calculate the Indian Housing. Granted by: Sandra B. Henriquez, monthly HAP for the family beginning Date Granted: August 27, 2009. Assistant Secretary for Public and at the effective date of the family’s Reason Waived: This waiver was Indian Housing. second regular reexamination following granted because this cost-saving Date Granted: September 1, 2009. the effective date of the decrease. measure would enable HACN to both Reason Waived: This waiver was Granted by: Sandra B. Henriquez, manage its Housing Choice Voucher granted because this cost-saving Assistant Secretary for Public and program within allocated budget measure would enable HADC to both Indian Housing. authority and avoid or lessen the manage its Housing Choice Voucher Date Granted: September 3, 2009. termination of HAP contracts due to program within allocated budget Reason Waived: This waiver was insufficient funding. authority and avoid or lessen the granted because this cost-saving Contact: Laure Rawson, Acting termination of HAP contracts due to measure would enable CTCOG to both Director, Housing Voucher Management insufficient funding. manage its Housing Choice Voucher

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program within allocated budget Reason Waived: This waiver was Date Granted: September 11, 2009. authority and avoid or lessen the granted because this cost-saving Reason Waived: This waiver was termination of HAP contracts due to measure would enable HACCC to both granted because this cost-saving insufficient funding. manage its Housing Choice Voucher measure would enable GHC to both Contact: Laure Rawson, Acting program within allocated budget manage its Housing Choice Voucher Director, Housing Voucher Management authority and avoid or lessen the program within allocated budget and Operations Division, Office of termination of HAP contracts due to authority and avoid or lessen the Public Housing and Voucher Programs, insufficient funding. termination of HAP contracts due to Office of Public and Indian Housing, Contact: Laure Rawson, Acting insufficient funding. Department of Housing and Urban Director, Housing Voucher Management Contact: Laure Rawson, Acting Development, 451 Seventh Street, SW., and Operations Division, Office of Director, Housing Voucher Management Room 4210, Washington, DC 20410– Public Housing and Voucher Programs, and Operations Division, Office of 5000, telephone (202) 708–0477. Office of Public and Indian Housing, Public Housing and Voucher Programs, • Regulation: 24 CFR 982.505(c)(3). Department of Housing and Urban Office of Public and Indian Housing, Project/Activity: Housing Authority of Development, 451 Seventh Street, SW., Department of Housing and Urban the City of Columbia (HACC), Columbia, Room 4210, Washington, DC 20410– Development, 451 Seventh Street, SW., MO. 5000, telephone (202) 708–0477. Room 4210, Washington, DC 20410– • Nature of Requirement: HUD’s Regulation: 24 CFR 982.505(c)(3). 5000, telephone (202) 708–0477. regulation at 24 CFR 982.505(c)(3) Project/Activity: Housing Authority of • Regulation: 24 CFR 982.505(c)(3). provides that if the amount on the the City of Alice (HACA), Alice, TX. Project/Activity: Michigan City payment standard schedule is decreased Nature of Requirement: HUD’s Housing Authority (MCHA), Michigan during the term of the HAP contract, the regulation at 24 CFR 982.505(c)(3) City, IN. lower payment standard amount provides that if the amount on the Nature of Requirement: HUD’s generally must be used to calculate the payment standard schedule is decreased regulation at 24 CFR 982.505(c)(3) monthly HAP for the family beginning during the term of the HAP contract, the provides that if the amount on the lower payment standard amount at the effective date of the family’s payment standard schedule is decreased generally must be used to calculate the second regular reexamination following during the term of the HAP contract, the monthly HAP for the family beginning the effective date of the decrease. lower payment standard amount at the effective date of the family’s Granted by: Sandra B. Henriquez, generally must be used to calculate the second regular reexamination following Assistant Secretary for Public and monthly HAP for the family beginning the effective date of the decrease. Indian Housing. at the effective date of the family’s Granted by: Sandra B. Henriquez, Date Granted: September 3, 2009. second regular reexamination following Assistant Secretary for Public and Reason Waived: This waiver was the effective date of the decrease. Indian Housing. granted because this cost-saving Date Granted: September 11, 2009. Granted by: Sandra B. Henriquez, measure would enable HACC to both Reason Waived: This waiver was Assistant Secretary for Public and manage its Housing Choice Voucher granted because this cost-saving Indian Housing. program within allocated budget measure would enable HACA to both Date Granted: September 11, 2009. authority and avoid or lessen the manage its Housing Choice Voucher Reason Waived: This waiver was termination of HAP contracts due to program within allocated budget granted because this cost-saving insufficient funding. authority and avoid or lessen the measure would enable MCHA to both Contact: Laure Rawson, Acting termination of HAP contracts due to manage its Housing Choice Voucher Director, Housing Voucher Management insufficient funding. program within allocated budget and Operations Division, Office of Contact: Laure Rawson, Acting authority and avoid or lessen the Public Housing and Voucher Programs, Director, Housing Voucher Management termination of HAP contracts due to Office of Public and Indian Housing, and Operations Division, Office of insufficient funding. Department of Housing and Urban Public Housing and Voucher Programs, Contact: Laure Rawson, Acting Development, 451 Seventh Street, SW., Office of Public and Indian Housing, Director, Housing Voucher Management Room 4210, Washington, DC 20410– Department of Housing and Urban and Operations Division, Office of 5000, telephone (202) 708–0477. Development, 451 Seventh Street, SW., Public Housing and Voucher Programs, • Regulation: 24 CFR 982.505(c)(3). Room 4210, Washington, DC 20410– Office of Public and Indian Housing, Project/Activity: Housing Authority of 5000, telephone (202) 708–0477. Department of Housing and Urban the County of Contra Costa (HACCC), • Regulation: 24 CFR 982.505(c)(3). Development, 451 Seventh Street, SW., Martinez, CA. Project/Activity: Grayling Housing Room 4210, Washington, DC 20410– Nature of Requirement: HUD’s Commission (GHC), Grayling, MI. 5000, telephone (202) 708–0477. regulation at 24 CFR 982.505(c)(3) Nature of Requirement: HUD’s • Regulation: 24 CFR 982.505(c)(3). provides that if the amount on the regulation at 24 CFR 982.505(c)(3) Project/Activity: Jacksonville Housing payment standard schedule is decreased provides that if the amount on the Authority (JHA), Jacksonville, FL. during the term of the HAP contract, the payment standard schedule is decreased Nature of Requirement: HUD’s lower payment standard amount during the term of the HAP contract, the regulation at 24 CFR 982.505(c)(3) generally must be used to calculate the lower payment standard amount provides that if the amount on the monthly HAP for the family beginning generally must be used to calculate the payment standard schedule is decreased at the effective date of the family’s monthly HAP for the family beginning during the term of the HAP contract, the second regular reexamination following at the effective date of the family’s lower payment standard amount the effective date of the decrease. second regular reexamination following generally must be used to calculate the Granted by: Sandra B. Henriquez, the effective date of the decrease. monthly HAP for the family beginning Assistant Secretary for Public and Granted by: Sandra B. Henriquez, at the effective date of the family’s Indian Housing. Assistant Secretary for Public and second regular reexamination following Date Granted: September 3, 2009. Indian Housing. the effective date of the decrease.

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Granted by: Sandra B. Henriquez, at the effective date of the family’s during the term of the HAP contract, the Assistant Secretary for Public and second regular reexamination following lower payment standard amount Indian Housing. the effective date of the decrease. generally must be used to calculate the Date Granted: September 16, 2009. Granted by: Sandra B. Henriquez, monthly HAP for the family beginning Reason Waived: This waiver was Assistant Secretary for Public and at the effective date of the family’s granted because this cost-saving Indian Housing. second regular reexamination following measure would enable JHA to both Date Granted: September 16, 2009. the effective date of the decrease. manage its Housing Choice Voucher Reason Waived: This waiver was Granted by: Sandra B. Henriquez, program within allocated budget granted because this cost-saving Assistant Secretary for Public and authority and avoid or lessen the measure would enable WCCA to both Indian Housing. termination of HAP contracts due to manage its Housing Choice Voucher Date Granted: September 17, 2009. insufficient funding. program within allocated budget Reason Waived: This waiver was Contact: Laure Rawson, Acting authority and avoid or lessen the granted because this cost-saving Director, Housing Voucher Management termination of HAP contracts due to measure would enable PRHA to both and Operations Division, Office of insufficient funding. manage its Housing Choice Voucher Public Housing and Voucher Programs, Contact: Laure Rawson, Acting program within allocated budget Office of Public and Indian Housing, Director, Housing Voucher Management authority and avoid or lessen the Department of Housing and Urban and Operations Division, Office of termination of HAP contracts due to Development, 451 Seventh Street, SW., Public Housing and Voucher Programs, insufficient funding. Room 4210, Washington, DC 20410– Office of Public and Indian Housing, Contact: Laure Rawson, Acting 5000, telephone (202) 708–0477. Department of Housing and Urban Director, Housing Voucher Management and Operations Division, Office of • Regulation: 24 CFR 982.505(c)(3). Development, 451 Seventh Street, SW., Public Housing and Voucher Programs, Project/Activity: San Diego Housing Room 4210, Washington, DC 20410– Office of Public and Indian Housing, Commission (SDHC), San Diego, CA. 5000, telephone (202) 708–0477. Department of Housing and Urban Nature of Requirement: HUD’s • Regulation: 24 CFR 982.505(c)(3). Development, 451 Seventh Street, SW., regulation at 24 CFR 982.505(c)(3) Project/Activity: Mankato Economic Room 4210, Washington, DC 20410– provides that if the amount on the Development Authority (MEDA), 5000, telephone (202) 708–0477. payment standard schedule is decreased Mankato, MN. • during the term of the HAP contract, the Nature of Requirement: HUD’s Regulation: 24 CFR 982.505(c)(3). lower payment standard amount regulation at 24 CFR 982.505(c)(3) Project/Activity: Central Iowa generally must be used to calculate the provides that if the amount on the Regional Housing Authority (CIRHA), monthly HAP for the family beginning payment standard schedule is decreased Grimes, IA. Nature of Requirement: HUD’s at the effective date of the family’s during the term of the HAP contract, the regulation at 24 CFR 982.505(c)(3) second regular reexamination following lower payment standard amount provides that if the amount on the the effective date of the decrease. generally must be used to calculate the payment standard schedule is decreased Granted by: Sandra B. Henriquez, monthly HAP for the family beginning during the term of the HAP contract, the Assistant Secretary for Public and at the effective date of the family’s lower payment standard amount Indian Housing. second regular reexamination following generally must be used to calculate the Date Granted: September 16, 2009. the effective date of the decrease. monthly HAP for the family beginning Reason Waived: This waiver was Granted by: Sandra B. Henriquez, at the effective date of the family’s granted because this cost-saving Assistant Secretary for Public and second regular reexamination following measure would enable SDHC to both Indian Housing. the effective date of the decrease. manage its Housing Choice Voucher Date Granted: September 17, 2009. Granted by: Sandra B. Henriquez, program within allocated budget Reason Waived: This waiver was Assistant Secretary for Public and authority and avoid or lessen the granted because this cost-saving Indian Housing. termination of HAP contracts due to measure would enable MEDA to both Date Granted: September 23, 2009. insufficient funding. manage its Housing Choice Voucher Reason Waived: This waiver was Contact: Laure Rawson, Acting program within allocated budget granted because this cost-saving Director, Housing Voucher Management authority and avoid or lessen the measure would enable CIRHA to both and Operations Division, Office of termination of HAP contracts due to manage its Housing Choice Voucher Public Housing and Voucher Programs, insufficient funding. program within allocated budget Office of Public and Indian Housing, Contact: Laure Rawson, Acting authority and avoid or lessen the Department of Housing and Urban Director, Housing Voucher Management termination of HAP contracts due to Development, 451 Seventh Street, SW., and Operations Division, Office of insufficient funding. Room 4210, Washington, DC 20410– Public Housing and Voucher Programs, Contact: Laure Rawson, Acting 5000, telephone (202) 708–0477. Office of Public and Indian Housing, Director, Housing Voucher Management • Regulation: 24 CFR 982.505(c)(3). Department of Housing and Urban and Operations Division, Office of Project/Activity: Western Carolina Development, 451 Seventh Street, SW., Public Housing and Voucher Programs, Community Action (WCCA), Room 4210, Washington, DC 20410– Office of Public and Indian Housing, Hendersonville, NC. 5000, telephone (202) 708–0477. Department of Housing and Urban Nature of Requirement: HUD’s • Regulation: 24 CFR 982.505(c)(3). Development, 451 Seventh Street, SW., regulation at 24 CFR 982.505(c)(3) Project/Activity: Portsmouth Room 4210, Washington, DC 20410– provides that if the amount on the Redevelopment and Housing Authority 5000, telephone (202) 708–0477. payment standard schedule is decreased (PRHA), Portsmouth, VA. • Regulation: 24 CFR 982.505(c)(3). during the term of the HAP contract, the Nature of Requirement: HUD’s Project/Activity: Housing Authority of lower payment standard amount regulation at 24 CFR 982.505(c)(3) the City of Jasper (HACJ), Jasper, AL. generally must be used to calculate the provides that if the amount on the Nature of Requirement: HUD’s monthly HAP for the family beginning payment standard schedule is decreased regulation at 24 CFR 982.505(c)(3)

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provides that if the amount on the Project/Activity: East Tennessee Room 4210, Washington, DC 20410– payment standard schedule is decreased Human Resource Agency (ETHRA), 5000, telephone (202) 708–0477. during the term of the HAP contract, the Knoxville, TN. • Regulation: 24 CFR 982.505(c)(3). lower payment standard amount Nature of Requirement: HUD’s Project/Activity: Missoula Housing generally must be used to calculate the regulation at 24 CFR 982.505(c)(3) Authority (MHA), Missoula, MT. monthly HAP for the family beginning provides that if the amount on the Nature of Requirement: HUD’s at the effective date of the family’s payment standard schedule is decreased regulation at 24 CFR 982.505(c)(3) second regular reexamination following during the term of the HAP contract, the provides that if the amount on the the effective date of the decrease. lower payment standard amount payment standard schedule is decreased Granted by: Sandra B. Henriquez, generally must be used to calculate the during the term of the HAP contract, the Assistant Secretary for Public and monthly HAP for the family beginning lower payment standard amount Indian Housing. at the effective date of the family’s generally must be used to calculate the Date Granted: September 23, 2009. second regular reexamination following monthly HAP for the family beginning Reason Waived: This waiver was the effective date of the decrease. at the effective date of the family’s granted because this cost-saving Granted by: Sandra B. Henriquez, second regular reexamination following measure would enable HACJ to both Assistant Secretary for Public and the effective date of the decrease. manage its Housing Choice Voucher Indian Housing. Granted by: Sandra B. Henriquez, program within allocated budget Date Granted: September 24, 2009. Assistant Secretary for Public and authority and avoid or lessen the Reason Waived: This waiver was Indian Housing. termination of HAP contracts due to granted because this cost-saving Date Granted: September 25, 2009. insufficient funding. measure would enable ETHRA to both Reason Waived: This waiver was Contact: Laure Rawson, Acting manage its Housing Choice Voucher granted because this cost-saving Director, Housing Voucher Management program within allocated budget measure would enable MHA to both and Operations Division, Office of authority and avoid or lessen the manage its Housing Choice Voucher Public Housing and Voucher Programs, termination of HAP contracts due to program within allocated budget Office of Public and Indian Housing, insufficient funding. authority and avoid or lessen the Department of Housing and Urban Contact: Laure Rawson, Acting termination of HAP contracts due to Development, 451 Seventh Street, SW., Director, Housing Voucher Management insufficient funding. Room 4210, Washington, DC 20410– and Operations Division, Office of Contact: Laure Rawson, Acting 5000, telephone (202) 708–0477. Public Housing and Voucher Programs, Director, Housing Voucher Management Office of Public and Indian Housing, and Operations Division, Office of • Regulation: 24 CFR 982.505(c)(3). Department of Housing and Urban Public Housing and Voucher Programs, Project/Activity: Delray Beach Development, 451 Seventh Street, SW., Office of Public and Indian Housing, Housing Authority (DBHA), Delray Room 4210, Washington, DC 20410– Department of Housing and Urban Beach, FL. 5000, telephone (202) 708–0477. Development, 451 Seventh Street, SW., Nature of Requirement: HUD’s • Regulation: 24 CFR 982.505(c)(3). Room 4210, Washington, DC 20410– regulation at 24 CFR 982.505(c)(3) Project/Activity: Village of Rockville 5000, telephone (202) 708–0477. provides that if the amount on the Centre (VRC), Rockville Centre, NY. • payment standard schedule is decreased Regulation: 24 CFR 982.505(c)(3). Nature of Requirement: HUD’s during the term of the HAP contract, the Project/Activity: Annapolis Housing regulation at 24 CFR 982.505(c)(3) lower payment standard amount Authority (AHA), Annapolis, MD. provides that if the amount on the generally must be used to calculate the Nature of Requirement: HUD’s payment standard schedule is decreased monthly HAP for the family beginning regulation at 24 CFR 982.505(c)(3) during the term of the HAP contract, the at the effective date of the family’s provides that if the amount on the lower payment standard amount second regular reexamination following payment standard schedule is decreased generally must be used to calculate the the effective date of the decrease. during the term of the HAP contract, the monthly HAP for the family beginning lower payment standard amount Granted by: Sandra B. Henriquez, at the effective date of the family’s generally must be used to calculate the Assistant Secretary for Public and second regular reexamination following monthly HAP for the family beginning Indian Housing. the effective date of the decrease. at the effective date of the family’s Date Granted: September 24, 2009. Granted by: Sandra B. Henriquez, second regular reexamination following Reason Waived: This waiver was Assistant Secretary for Public and the effective date of the decrease. granted because this cost-saving Indian Housing. Granted by: Sandra B. Henriquez, measure would enable DBHA to both Date Granted: September 24, 2009. Assistant Secretary for Public and manage its Housing Choice Voucher Reason Waived: This waiver was Indian Housing. program within allocated budget granted because this cost-saving Date Granted: September 28, 2009. authority and avoid or lessen the measure would enable the VRC to both Reason Waived: This waiver was termination of HAP contracts due to manage its Housing Choice Voucher granted because this cost-saving insufficient funding. program within allocated budget measure would enable AHA to both Contact: Laure Rawson, Acting authority and avoid or lessen the manage its Housing Choice Voucher Director, Housing Voucher Management termination of HAP contracts due to program within allocated budget and Operations Division, Office of insufficient funding. authority and avoid or lessen the Public Housing and Voucher Programs, Contact: Laure Rawson, Acting termination of HAP contracts due to Office of Public and Indian Housing, Director, Housing Voucher Management insufficient funding. Department of Housing and Urban and Operations Division, Office of Contact: Laure Rawson, Acting Development, 451 Seventh Street, SW., Public Housing and Voucher Programs, Director, Housing Voucher Management Room 4210, Washington, DC 20410– Office of Public and Indian Housing, and Operations Division, Office of 5000, telephone (202) 708–0477. Department of Housing and Urban Public Housing and Voucher Programs, • Regulation: 24 CFR 982.505(c)(3). Development, 451 Seventh Street, SW., Office of Public and Indian Housing,

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Department of Housing and Urban to approve an exception payment unit because it has been modified to Development, 451 Seventh Street, SW., standard that exceeded the basic range provide reasonable accommodation. To Room 4210, Washington, DC 20410– of 90 to 110 percent of the FMR. provide this reasonable accommodation 5000, telephone (202) 708–0477. Contact: Laure Rawson, Acting so the client could be assisted in her • Regulation: 24 CFR 982.505(d). Director, Housing Voucher Management current unit and pay no more than 40 Project/Activity: Housing Authority of and Operations Division, Office of percent of her adjusted income toward the City of Los Angeles (HACLA), Los Public Housing and Voucher Programs, the family share, the SHA was allowed Angeles, CA. Office of Public and Indian Housing, to approve an exception payment Nature of Requirement: HUD’s Department of Housing and Urban standard that exceeded the basic range regulation at 24 CFR 982.505(d) states Development, 451 Seventh Street, SW., of 90 to 110 percent of the FMR. that a public housing agency may only Room 4210, Washington, DC 20410– Contact: Laure Rawson, Acting approve a higher payment standard for 5000, telephone (202) 708–0477. Director, Housing Voucher Management a family as a reasonable accommodation • Regulation: 24 CFR 982.505(d). and Operations Division, Office of if the higher payment standard is within Project/Activity: Housing Authority of Public Housing and Voucher Programs, the basic range of 90 to 110 percent of the City of Middletown (HACM), Office of Public and Indian Housing, the fair market rent (FMR) for the unit Middletown, CT. Department of Housing and Urban size. Nature of Requirement: HUD’s Development, 451 Seventh Street, SW., Granted by: Sandra B. Henriquez, regulation at 24 CFR 982.505(d) states Room 4210, Washington, DC 20410– Assistant Secretary for Public and that a public housing agency may only 5000, telephone (202) 708–0477. • Indian Housing. approve a higher payment standard for Regulation: 24 CFR 982.505(d). Date Granted: July 2, 2009. a family as a reasonable accommodation Project/Activity: Chippewa Housing Reason Waived: The participant, who if the higher payment standard is within Authority (CHA), Chippewa, WI. is disabled, needs to remain in his the basic range of 90 to 110 percent of Nature of Requirement: HUD’s current unit because it accommodates the fair market rent (FMR) for the unit regulation at 24 CFR 982.505(d) states his disability. To provide this size. that a public housing agency may only reasonable accommodation so the client Granted by: Sandra B. Henriquez, approve a higher payment standard for could be assisted in his current unit and Assistant Secretary for Public and a family as a reasonable accommodation pay no more than 40 percent of his Indian Housing. if the higher payment standard is within adjusted income toward the family Date Granted: July 16, 2009. the basic range of 90 to 110 percent of Reason Waived: The applicant, who is the fair market rent (FMR) for the unit share, the HACLA was allowed to disabled, needs to remain in his current size. approve an exception payment standard unit because it has been modified to Granted by: Sandra B. Henriquez, that exceeded the basic range of 90 to provide reasonable accommodation. To Assistant Secretary for Public and 110 percent of the FMR. provide this reasonable accommodation Indian Housing. Contact: Laure Rawson, Acting so the client could be assisted in his Date Granted: September 11, 2009. Director, Housing Voucher Management current unit and pay no more than 40 Reason Waived: The client, who is and Operations Division, Office of percent of his adjusted income toward disabled, needs to remain in her current Public Housing and Voucher Programs, the family share, the HACM was unit because it has features that provide Office of Public and Indian Housing, allowed to approve an exception reasonable accommodation. To provide Department of Housing and Urban payment standard that exceeded the this reasonable accommodation so the Development, 451 Seventh Street, SW., basic range of 90 to 110 percent of the client could be assisted in her current Room 4210, Washington, DC 20410– FMR. unit and pay no more than 40 percent 5000, telephone (202) 708–0477. Contact: Laure Rawson, Acting of her adjusted income toward the • Regulation: 24 CFR 982.505(d). Director, Housing Voucher Management family share, the CHA was allowed to Project/Activity: San Francisco and Operations Division, Office of approve an exception payment standard Housing Authority (SFHA), San Public Housing and Voucher Programs, that exceeded the basic range of 90 to Francisco, CA. Office of Public and Indian Housing, 110 percent of the FMR. Nature of Requirement: HUD’s Department of Housing and Urban Contact: Laure Rawson, Acting regulation at 24 CFR 982.505(d) states Development, 451 Seventh Street, SW., Director, Housing Voucher Management that a public housing agency may only Room 4210, Washington, DC 20410– and Operations Division, Office of approve a higher payment standard for 5000, telephone (202) 708–0477. Public Housing and Voucher Programs, a family as a reasonable accommodation • Regulation: 24 CFR 982.505(d). Office of Public and Indian Housing, if the higher payment standard is within Project/Activity: Salem Housing Department of Housing and Urban the basic range of 90 to 110 percent of Authority (SHA), Salem, MA. Development, 451 Seventh Street, SW., the fair market rent (FMR) for the unit Nature of Requirement: HUD’s Room 4210, Washington, DC 20410– size. regulation at 24 CFR 982.505(d) states 5000, telephone (202) 708–0477. Granted by: Sandra B. Henriquez, that a public housing agency may only • Regulation: 24 CFR 982.505(d). Assistant Secretary for Public and approve a higher payment standard for Project/Activity: Housing Authority of Indian Housing. a family as a reasonable accommodation the City of Los Angeles (HACLA), Los Date Granted: July 13, 2009. if the higher payment standard is within Angeles, CA. Reason Waived: The client, who is the basic range of 90 to 110 percent of Nature of Requirement: HUD’s disabled, needs to remain in her current the fair market rent (FMR) for the unit regulation at 24 CFR 982.505(d) states unit because it has been modified to size. that a public housing agency may only provide reasonable accommodation. To Granted by: Sandra B. Henriquez, approve a higher payment standard for provide a reasonable accommodation so Assistant Secretary for Public and a family as a reasonable accommodation the client could be assisted in her Indian Housing. if the higher payment standard is within current unit and pay no more than 40 Date Granted: July 16, 2009. the basic range of 90 to 110 percent of percent of his adjusted income toward Reason Waived: The client, who is the fair market rent (FMR) for the unit the family share, the SFHA was allowed disabled, needs to remain in her current size.

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Granted by: Sandra B. Henriquez, Granted by: Paula O. Blunt, General Contact: Deborah Lalancette, Director, Assistant Secretary for Public and Deputy Assistant Secretary for Public Office of Grants Management, ONAP, Indian Housing. and Indian Housing. Office of Public and Indian Housing, Date Granted: September 16, 2009. Date Granted: May 4, 2009. Department of Housing and Urban Reason Waived: The clients, who are Reason Waived: This specific waiver Development, 1670 Broadway 23rd disabled, need to remain in their current was included in the ‘‘Waiver of Certain Floor, Denver, CO 80202, telephone unit, as moving would be detrimental to Requirements in the Competitive and number (303) 675–1600 ext. 1625. Noncompetitive Native American their overall health. To provide a • Regulation: 24 CFR 1003.604. reasonable accommodation so that this Housing Block Grant and the Indian husband and wife could be assisted in Community Development Block Grant Project/Activity: The following Indian their current unit and pay no more than Programs under the American Recovery Community Development Block Grant 40 percent of their adjusted income and Reinvestment Act of 2009’’ applicants requested a waiver of the toward the family share, the HACLA published in the Federal Register on requirement to consult with residents was allowed to approve an exception May 29, 2009. The Recovery Act prior to submitting an application. This payment standard that exceeded the allowed for waivers to be granted if the waiver permits these applicants to basic range of 90 to 110 percent of the waiver was necessary to expedite or certify that the plans for the funds have FMR. facilitate the timely use of funds and been posted or published and comments would not be inconsistent with the solicited. The waiver is granted in order Contact: Laure Rawson, Acting overall purpose of the Recovery Act. to expedite submission of an application Director, Housing Voucher Management Contact: Deborah Lalancette, Director, for economic stimulus funds made and Operations Division, Office of Office of Grants Management, ONAP, available under the American Recovery Public Housing and Voucher Programs, Office of Public and Indian Housing, and Reinvestment Act of 2009 (Recovery Office of Public and Indian Housing, Department of Housing and Urban Act) for Native Americans. Akiachak Department of Housing and Urban Development, 1670 Broadway 23rd Native Community, Akiachak, AK; Development, 451 Seventh Street, SW., Floor, Denver, CO 80202, telephone Hannahville Potawatomie Housing Room 4210, Washington, DC 20410– number (303) 675–1600 ext. 1625. Authority, Wilson, MI; Northern 5000, telephone (202) 708–0477. • Regulation: 24 CFR 1003.302(a). Cheyenne Tribal Housing Authority, • Regulation: 24 CFR 1000.156 and Project/Activity: The Los Coyotes Lame Deer, MT; Utah Paiute Housing 1000.158 Band of Cahuilla Indians of Warner Authority, Cedar City, UT; Grand Ronde Project/Activity: The following Tribes Springs, CA, an Indian Community Confederated Tribes, Grand Ronde, OR; and Tribally designated housing entities Development Block Grant applicant, and Laguna Housing Development and (TDHE) requested a waiver to exceed the requested a waiver of the requirement to Management Enterprise, Laguna, NM. Total Development Cost (TDC) limits by adopt housing rehabilitation standards Nature of Requirement: The 20% without HUD review and approval. prior to submitting an application. This regulations require Indian Community The Tribes and TDHEs are required to waiver permits the applicant to submit Development Block Grant applicants to maintain documentation showing that the ICDBG application and adopt consult with residents prior to housing will be for low-income families housing rehabilitation standards after submitting their application. and the design, size, and amenities are award. This waiver was granted in order Granted by: Paula O. Blunt, General moderate and comparable to housing in to expedite submission of an application Deputy Assistant Secretary for Public the area. The wavier was granted in for economic stimulus funds made and Indian Housing. order to expedite the use of the available under the American Recovery economic stimulus funds made and Reinvestment Act of 2009 (Recovery Date Granted: May 4, 2009. available under the American Recovery Act) for Native Americans. Reason Waived: This specific waiver and Reinvestment Act of 2009 (Recovery Nature of Requirement: The was included in the ‘‘Waiver of Certain Act) for Native Americans. Baranof regulation requires that ICDBG Requirements in the Competitive and Island Housing Authority, Sitka, AK; applicants for housing rehabilitation Noncompetitive Native American Bear River Band of Rohnerville projects adopt rehabilitation standards Housing Block Grant (NAHBG) and the Rancheria, Loleta, CA; Confederated and policies prior to submitting the Indian Community Development Block Tribes of Siletz Indians, Siletz, OR; application. Grant (ICDBG) Programs under the Puyalup Nation Housing Authority, Granted by: Paula O. Blunt, General American Recovery and Reinvestment Tacoma, WA; Coeur D’Alene Tribal Deputy Assistant Secretary for Public Act of 2009 (Recovery Act)’’ published Housing Authority, Plummer, ID; and and Indian Housing. in the Federal Register on May 29, Port Gamble S’Klallam Housing Date Granted: May 4, 2009. 2009. The Recovery Act allowed for Authority, Kingston, WA. Reason Waived: This specific waiver waivers to be granted if the waiver was Nature of Requirement: The was included in the ‘‘Waiver of Certain necessary to expedite or facilitate the regulation states that affordable housing Requirements in the Competitive and timely use of funds and would not be developed, acquired, or assisted under Noncompetitive Native American inconsistent with the overall purpose of the Indian Housing Block Grant (IHBG) Housing Block Grant and the Indian the Recovery Act. program must be of moderate design. Community Development Block Grant Contact: Deborah Lalancette, Director, Each year TDC limits are published to Programs under the American Recovery Office of Grants Management, ONAP, provide recipients with affordable and Reinvestment Act of 2009 ’’ Office of Public and Indian Housing, housing standards. These standards can published in the Federal Register on Department of Housing and Urban be exceeded by 10% with Area Office of May 29, 2009. The Recovery Act Development, 1670 Broadway 23rd Native American Program (ONAP) allowed for waivers to be granted if the Floor, Denver, CO 80202, telephone approval and can be exceeded further waiver was necessary to expedite or number (303) 675–1600 ext. 1625. with Headquarters approval. A recipient facilitate the timely use of funds and is required to submit justification to would not be inconsistent with the [FR Doc. E9–30881 Filed 12–30–09; 8:45 am] exceed the established TDC limits. overall purpose of the Recovery Act. BILLING CODE 4210–67–P

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Part IV

Department of Health and Human Services Centers for Medicare & Medicaid Services

42 CFR Parts 410, 416, and 419 Medicare Program: Changes to the Hospital Outpatient Prospective Payment System and CY 2010 Payment Rates; Changes to the Ambulatory Surgical Center Payment System and CY 2010 Payment Rates; Final Rule

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DEPARTMENT OF HEALTH AND referenced ‘‘conditions for coverage’’ were displaying in Table 56 the final HUMAN SERVICES instead of ‘‘conditions of participation.’’ ‘‘eight’’ procedures we are removing Therefore, we are deleting two from the inpatient list. We should have Centers for Medicare & Medicaid references to ‘‘conditions for coverage’’ indicated that we were displaying the Services and replacing them with the phrase final ‘‘seven’’ procedures we are ‘‘conditions of participation.’’ removing from the CY 2010 inpatient 42 CFR Parts 410, 416, and 419 On page 60562, in our response to a list in Table 56. Therefore, we are comment requesting CMS to remove deleting from the paragraph the [CMS–1414–CN] procedures from the CY 2010 inpatient reference to ‘‘eight’’ and replacing it RIN 0938–AP41 list, we inadvertently stated that we with a reference to ‘‘seven.’’ In addition, would remove ‘‘5’’ procedure codes we inadvertently included a procedure Medicare Program: Changes to the instead of ‘‘4’’ procedure codes. in Table 56 that should not have been Hospital Outpatient Prospective Therefore, we are replacing the included. Specifically, we incorrectly Payment System and CY 2010 Payment reference to ‘‘5’’ with a reference to ‘‘4.’’ included the procedure described by Rates; Changes to the Ambulatory In the same paragraph in which the HCPCS code 37215 in the table. Surgical Center Payment System and previously described error exists Therefore, we are deleting from Table 56 CY 2010 Payment Rates (paragraph one of the first response), we the procedure described by HCPCS code list the procedure codes to be removed 37215 as well as all of the information AGENCY: Centers for Medicare & from the CY 2010 inpatient list. associated with it in the CY 2010 long Medicaid Services (CMS), HHS. However, we inadvertently included in descriptor column, the Final CY 2010 ACTION: Correction of final rule with the list the procedure described by APC assignment column, and the Final comment period. Healthcare Common Procedure Coding CY 2010 status indicator column. System (HCPCS) code 37215 On page 60566, in our discussion to SUMMARY: This document corrects (Transcatheter placement of the legislative changes related to technical errors that appeared in the intravascular stent(s), cervical carotid pulmonary rehabilitation, cardiac final rule with comment period found in artery, percutaneous; with distal rehabilitation, and intensive cardiac the Federal Register (FR) on November embolic protection), which should not rehabilitation services, we inadvertently 20, 2009, entitled ‘‘Medicare Program: have been listed. Therefore, we are made reference to ‘‘section II.G.8.’’ of Changes to the Hospital Outpatient deleting from the paragraph the the preamble of the CY 2010 Medicare Prospective Payment System and CY language that states we are removing the Physician Fee Schedule (MPFS) 2010 Payment Rates; Changes to the procedure described by HCPCS code proposed rule (74 FR 33606) instead of Ambulatory Surgical Center Payment 37215 from the CY 2010 inpatient list. ‘‘sections II.G.8. and II.G.9.’’. We also System and CY 2010 Payment Rates.’’ In addition, in the second paragraph in inadvertently referenced the citation DATES: Effective Date: This correction the same response, we provided the ‘‘(74 FR 33606)’’ instead of the citation document is effective January 1, 2010. incorrect number of procedures for ‘‘(74 FR 33606 through 33614).’’ We are FOR FURTHER INFORMATION CONTACT: which the clinical and utilization data correcting these errors so that the reader Alberta Dwivedi, (410) 786–0378. did not support the appropriateness of can easily find the appropriate sections SUPPLEMENTARY INFORMATION: providing the procedures to Medicare of that proposed rule. Therefore, we are beneficiaries in the hospital outpatient replacing the phrase ‘‘section II.G.8.’’ I. Background department (HOPD). Specifically, we with the phrase ‘‘sections II.G.8. and In FR Doc. E9–26499 of November 20, incorrectly cited ‘‘11’’ procedures II.G.9.’’ and we are replacing the citation 2009 (74 FR 60316), the final rule with instead of ‘‘12’’ procedures. Therefore, ‘‘(74 FR 33606)’’ with the citation ‘‘(74 comment period entitled, ‘‘Medicare in the paragraph, we are replacing both FR 33606 through 33614).’’ Program: Changes to the Hospital references to the number ‘‘11’’ with On page 60598, in our response to a Outpatient Prospective Payment System references to the number ‘‘12.’’ comment, we inadvertently reference and CY 2010 Payment Rates; Changes to On page 60563, in the summary ‘‘section XII.E.’’ of the preamble instead the Ambulatory Surgical Center paragraph following the comment of ‘‘section XII.D.’’ We are correcting Payment System and CY 2010 Payment summaries and responses to comments, this error so that the reader can easily Rates’’ (hereinafter referred to as the CY we inadvertently stated that we were find the appropriate section of the rule 2010 OPPS/ASC final rule), there were removing ‘‘five’’ procedures instead of to review regarding the final CY 2010 a few technical errors that are identified ‘‘four’’ procedures from the CY 2010 physician supervision requirements for inpatient list. Therefore, we are hospital outpatient diagnostic and in the ‘‘Summary of Errors’’ section and correcting the word ‘‘five’’ to read therapeutic services. corrected in the ‘‘Correction of Errors’’ ‘‘four.’’ In addition, in the same On page 60612, in our discussion of section below. paragraph we listed the procedures to be the Ambulatory Surgical Center (ASC) The provisions in this correction removed from the CY 2010 inpatient treatment of surgical procedures notice are effective as if they had been list. However, we inadvertently removed from the OPPS inpatient list included in the CY 2010 OPPS/ASC included the procedure described by for CY 2010, we inadvertently made the final rule appearing in the November 20, HCPCS code 37215, which should not statement that we were removing ‘‘5’’ 2009 Federal Register (74 FR 60316). have been listed. Therefore, we are procedures instead of ‘‘4’’ procedures Accordingly, the corrections are deleting from the paragraph the from the OPPS inpatient list for CY effective January 1, 2010. language that states we are removing 2010. Therefore, in section XV.C.1.d., II. Summary of Errors that procedure from the CY 2010 we are replacing both references to the inpatient list. number ‘‘5’’ with references to the A. Errors in the Preamble On page 60564, in the summary number ‘‘4.’’ In addition, we On page 60559, in our response to a paragraph at the top of the page which inadvertently included the procedure comment regarding developing and follows the comment summaries and described by HCPCS Code 37215 in implementing standards of responses to comments on the previous Table 69. We are correcting this error by participation, we erred when we page, we made the statement that we removing this procedure code from the

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table, as well as all of the information A. In column 1, in the first response 37616 the final OPPS CY 2010 entry for associated with it in the CY 2010 long to comment, in line 10, the number ‘‘5’’ HCPCS Code 37215 to read as follows: descriptor column. is corrected to read number ‘‘4’’. B. In column 1, in the first response HCPCS B. Errors in the Addendum Short descriptor SI CI to comment, in lines 15 through 18, the Code On page 60789, in Addendum B, we statement ‘‘37215 (Transcatheter 37215 Transcath stent, C made a typographical error when we placement of intravascular stent(s), cca w/eps. listed the letter ‘‘T’’ instead of the letter cervical carotid artery, percutaneous; ‘‘C’’ in the payment status indicator (SI) with distal embolic protection);’’ is Addendum AA.—Final ASC Covered column for HCPCS code 37215. deleted. Surgical Procedures for CY 2010 Therefore, we are replacing the letter C. In column 1, in the last paragraph (Including Surgical Procedures for ‘‘T’’ with the letter ‘‘C’’ in the SI column of the response to comment, in lines 2 Which Payment Is Packaged) for HCPCS code 37215. and 7, the number ‘‘11’’ is corrected to read, ‘‘12’’. We are republishing Addendum AA On page 60957, in Addendum E, we 3. On page 60563— in its entirety. See attached chart. inadvertently omitted HCPCS code A. In column 3, in the last paragraph, 37215 along with the short descriptor, Addendum BB.—Final ASC Covered in line 6, the word ‘‘five’’ is corrected comment indicator, and status indicator. Ancillary Services Integral to Covered to read ‘‘four’’. Therefore, we are correcting this error Surgical Procedures for CY 2010 B. In column 3, in the last paragraph, by including HCPCS code 37215 as well (Including Ancillary Services for Which in lines 12 through 15, the statement as all of the information associated with Payment Is Packaged) ‘‘37215 (Transcatheter placement of it in the addendum. We are republishing Addendum BB in intravascular stent(s), cervical carotid its entirety. See attached chart. We are republishing Addenda AA and artery, percutaneous; with distal BB, which were published on pages embolic protection);’’ is deleted. IV. Waiver of Proposed Rulemaking 60692 through 60752 and pages 60919 4. On page 60564— and Delay in Effective Date through 60943, respectively, to take into A. In column 3, in line 1 at the top We ordinarily publish a notice of account updated CY 2010 MPFS of the page before the chart, the word proposed rulemaking in the Federal information. As required under ‘‘eight’’ is corrected to read ‘‘seven’’. Register to provide a period for public § 416.171(d), the revised ASC payment B. In Table 56, in row 4, the HCPCS comment before the provisions of a system limits payment for office-based Code ‘‘37215’’ and all associated notice such as this take effect, in procedures and covered ancillary information is deleted. accordance with section 553(b) of the radiology services to the lesser of the 5. On page 60566— Administrative Procedure Act (APA) ASC rate or the amount calculated by A. In column 2, in line 30 from the (5 U.S.C. 553(b)). We also ordinarily multiplying the nonfacility practice top of the page, the reference to ‘‘section provide a 30-day delay in the effective expense (PE) relative value units (RVUs) II.G.8.’’ is corrected to read ‘‘sections date of the provisions of a notice in for the service by the conversion factor II.G.8. and II.G.9.’’ accordance with section 553(d) of the under the MPFS. However, the MPFS B. In column 2, in line 31 from the top APA (5 U.S.C. 553(d)). However, we can conversion factor and PE RVUs listed of the page, the reference to ‘‘(74 FR waive both the notice and comment for some CPT codes in Addendum B to 33606)’’ is corrected to read ‘‘(74 FR procedure and the 30-day delay in the CY 2010 MPFS final rule with 33606 through 33614)’’. effective date if the Secretary finds, for comment period (74 FR 61738) were 6. On page 60598, in column 3, in line good cause, that it is impracticable, incorrect due to methodological errors 4 from the top of the page, the reference unnecessary or contrary to the public and, consequently, have been corrected to ‘‘section XII.E.’’ is corrected to read interest to follow the notice and in a correction notice to that final rule ‘‘section XII.D.’’ comment procedure or to comply with (74 FR 65449). Since the ASC payment 7. On page 60612— the 30-day delay in the effective date, amounts for office-based procedures and A. In column 1, in line 5 from the top and incorporates a statement of the covered ancillary services are of the page before the table, the number finding and the reasons therefore in the determined using the amounts in the ‘‘5’’ is corrected to read number ‘‘4’’. notice. The policies and payment MPFS final rule, we must correct the CY B. In column 2, in line 4 from the top methodologies finalized in the CY 2010 2010 payment amounts for ASC of the page before the table, the number OPPS/ASC final rule with comment procedures and services using the ‘‘5’’ is corrected to read number ‘‘4’’. period have previously been subjected corrected MPFS amounts. The revised C. In Table 69, in row 4, the HCPCS to notice and comment procedures. This rates continue to reflect the negative Code ‘‘37215’’ and all associated correction notice merely provides update to the MPFS for CY 2010 information is deleted. technical corrections to the CY 2010 authorized under current law. The Corrections to Addenda OPPS/ASC final rule with comment corrected payment amounts are period that was promulgated through reflected in Addenda AA and BB to this Addendum B.—OPPS Payment by notice and comment rulemaking, and correction notice and also are posted on HCPCS Code for CY 2010 does not make substantive changes to the CMS Web site at: http:// the policies or payment methodologies www.cms.hhs.gov/ASCPayment. On page 60789, for HCPCS code 37215, in line 36 of the second chart, in that were finalized in the final rule with III. Correction of Errors column 4, the status indicator ‘‘T’’ is comment period. For example, in order corrected to read ‘‘C’’. to conform the document to the final 1. On page 60559, in column 1, in the policies of the CY 2010 OPPS/ASC final first response to comment, in lines 5 Addendum E.—HCPCS Codes That Are rule with comment period, this notice and 10 of the response, the statement Paid Only as Inpatient Procedures for makes changes to revise inaccurate ‘‘conditions for coverage’’ is corrected to CY 2010 tabular information. Therefore, we find read, ‘‘conditions of participation’’. On page 60957, in the second chart, it unnecessary to undertake further 2. On page 60562— insert between HCPCS Codes 37182 and notice and comment procedures with

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respect to this correction notice. In 30-day delay in effective date for this (Catalog of Federal Domestic Assistance addition, we believe it is important for correction notice are unnecessary. Program No. 93.774, Medicare— the public to have the correct Therefore, we find there is good cause Supplementary Medical Insurance Program) information as soon as possible and find to waive notice and comment Dated: December 24, 2009. no reason to delay the dissemination of procedures and the 30-day delay in Dawn L. Smalls, it. For the reasons stated above, we find effective date for this correction notice. Executive Secretary to the Department. that both notice and comment and the BILLING CODE 4120–01–P

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[FR Doc. E9–30967 Filed 12–28–09; 11:15 am] BILLING CODE 4120–01–C

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Reader Aids Federal Register Vol. 74, No. 250 Thursday, December 31, 2009

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING DECEMBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents 3 CFR 948...... 65390 Executive orders and proclamations 741–6000 953...... 65390 Proclamations: The United States Government Manual 741–6000 980...... 65390 8459...... 63269 1207...... 63541 Other Services 8460...... 64585 1220...... 62675 Electronic and on-line services (voice) 741–6020 8461...... 64587 1435...... 66567 Privacy Act Compilation 741–6064 8462...... 64589 1465...... 64591 Public Laws Update Service (numbers, dates, etc.) 741–6043 8463...... 64995 Proposed Rules: TTY for the deaf-and-hard-of-hearing 741–6086 8464...... 66211 1206...... 64012 8465...... 67801 8 CFR ELECTRONIC RESEARCH 8466...... 67967 8467...... 69221 1...... 67969 World Wide Web 8468...... 69229 Full text of the daily Federal Register, CFR and other publications 103...... 64997 Executive Orders is located at: http://www.gpoaccess.gov/nara/index.html 208...... 67969 13522...... 66203 209...... 67969 Federal Register information and research tools, including Public 13523...... 66563, 67049 212...... 67969 Inspection List, indexes, and links to GPO Access are located at: 13524...... 67803 214...... 64997, 67969 http://www.archives.gov/federallregister 13525...... 69231 217...... 67969 E-mail Administrative Orders: 235...... 67969 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Presidential 245...... 67969 an open e-mail service that provides subscribers with a digital Determinations: 274a...... 64997, 67969 form of the Federal Register Table of Contents. The digital form No. 2010-03 of 286...... 67969 of the Federal Register Table of Contents includes HTML and December 3, 2009 ...... 65381 299...... 64997, 67969 PDF links to the full text of each document. Memorandums: 1001...... 67969 To join or leave, go to http://listserv.access.gpo.gov and select Memo. of November 1208...... 67969 Online mailing list archives, FEDREGTOC-L, Join or leave the list 30, 2009 ...... 63059 1209...... 67969 (or change settings); then follow the instructions. Memo. of December 9, 1212...... 67969 PENS (Public Law Electronic Notification Service) is an e-mail 2009 ...... 66207 1235...... 67969 service that notifies subscribers of recently enacted laws. Memo. of December 1245...... 67969 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 15, 2009 ...... 67045 1274a...... 67969 and select Join or leave the list (or change settings); then follow the instructions. 5 CFR 9 CFR FEDREGTOC-L and PENS are mailing lists only. We cannot 410...... 65383 77...... 67051 respond to specific inquiries. 412...... 65383 94...... 66217 Reference questions. Send questions and comments about the 752...... 63531 95...... 66222 Federal Register system to: [email protected] 831...... 66565 149...... 64998 The Federal Register staff cannot interpret specific documents or 842...... 66565 151...... 66567 regulations. 870...... 66565 160...... 64998 Reminders. Effective January 1, 2009, the Reminders, including 890...... 66565 161...... 64998 Rules Going Into Effect and Comments Due Next Week, no longer 1604...... 63061 162...... 64998 appear in the Reader Aids section of the Federal Register. This 1651...... 63061 166...... 65014 information can be found online at http://www.regulations.gov. 1653...... 63061 201...... 63271 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 1690...... 63061 Proposed Rules: longer appears in the Federal Register. This information can be Proposed Rules: 317...... 67736 found online at http://bookstore.gpo.gov/. 870...... 69288 381...... 67736 6 CFR 10 CFR FEDERAL REGISTER PAGES AND DATE, DECEMBER 5 ...... 63944, 63946, 63948, Ch. 1 ...... 62676 62675–63058...... 1 67967–68130...... 22 63949 50...... 68498 63059–63270...... 2 68131–68368...... 23 37...... 68477 72...... 65679 63271–63530...... 3 68369–68476...... 24 207...... 66029 7 CFR 63531–63950...... 4 68477–68660...... 28 218...... 66029 63951–64584...... 7 68661–68982...... 29 94...... 68478 430...... 66029 64585–64994...... 8 68983–69242...... 30 210...... 66213 490...... 66029 64995–65382...... 9 220...... 66213 501...... 66029 69243–69676...... 31 65383–65678...... 10 246...... 67969, 69243 601...... 66029 65679–66028...... 11 273...... 67969 609...... 63544 66029–66212...... 14 274...... 67969 820...... 66029 66213–66562...... 15 301...... 67051 824...... 66029 66563–66906...... 16 400...... 66029 851...... 66029 66907–67048...... 17 610...... 66907 1013...... 66029 67049–67800...... 18 662...... 63537 1017...... 66029 67801–67966...... 21 760...... 67805, 68480 1045...... 67969

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1050...... 66029 65688, 66230, 66231, 66570, 249...... 67144 301...... 67010 Proposed Rules: 66571, 66572, 67811, 68519, 249b...... 63866 27 CFR 72...... 66589 68520, 68521, 68665, 68666, 274...... 67144 73...... 64012, 66589 68667, 69271 9...... 64602 91...... 62691 18 CFR 430...... 65852 29 CFR 431...... 69036 93...... 69272 38...... 63288 1021...... 68720 97 ...... 63977, 63979, 68522, 40...... 64884, 68372 403...... 69023 68524 366...... 68526 408...... 69023 11 CFR 125...... 62691 367...... 68526 1601...... 63981 100...... 63951, 68611 135...... 62691 1602...... 63981 19 CFR 106...... 68611 234...... 68983 1603...... 63981 113...... 63951 253...... 68983 10...... 68680 1607...... 63981 9004...... 63951 259...... 68983 19...... 68681 1610...... 63981 9034...... 63951 399...... 68983 101...... 63980, 64601 1611...... 63981 Proposed Rules: 1614...... 63981 Proposed Rules: 111...... 69015 21...... 68731 1625...... 63981 100...... 68720 113...... 69015 29...... 68731 1690...... 63981 106...... 68720 141...... 69015 39 ...... 62711, 62713, 63331, 2200...... 63985 300...... 64016 142...... 69015 63333, 65492, 65493, 65496, 143...... 69015 2203...... 63985 12 CFR 65697, 65699, 66924, 66927, 144...... 68681 2204...... 63985 66930, 67829, 67831, 67834, 4022...... 62697, 66234 25...... 68662 149...... 68376 68192, 68194, 68196, 68198, Proposed Rules: 4044...... 62697, 66234 40...... 62890 68737, 68741, 68743, 69038, 201...... 65014 101...... 62715 Proposed Rules: 69040 123...... 66932 403...... 63335 203...... 68498 71 ...... 63684, 65040, 66258, 216...... 62890 142...... 66932 408...... 63335 66592, 66593, 66594, 66595, 1202...... 63695 228...... 68662 66597, 67140, 67141, 67142, 20 CFR 233...... 62687 1206...... 63695 67143, 67836, 67837, 68746, 220...... 63598 1614...... 67839 332...... 62890 68747, 68748 345...... 68662 Proposed Rules: 1910...... 64027, 68756 360...... 68499 15 CFR 404...... 63688, 66069 1915...... 68756 1926...... 68756 502...... 68664 701...... 68136 405...... 63688 563e...... 68662 730...... 68370 416...... 63688, 66075 30 CFR 567...... 67811 422...... 63688 734...... 68370 50...... 68918 573...... 62890 901...... 66259 736...... 68142, 68370 100...... 68918 617...... 67970 738...... 68142, 68370 260...... 66574 701...... 68369 21 CFR 740...... 66000, 68142 944...... 63988 716...... 62890 210...... 65409 742 ...... 66000, 68142, 68370 Proposed Rules: 741...... 63277 743...... 66000, 68142 211...... 65409 925...... 67811 212...... 65409 50...... 68920 744...... 68146, 68370 100...... 68920 Proposed Rules: 745...... 68370 510 ...... 65689, 66047, 66573, 204...... 69301 748...... 68147 68529 31 CFR 522 ...... 65689, 66047, 66573, 701...... 68722 754...... 68370 30...... 63990, 63991 702...... 65210 772 ...... 65662, 66000, 68142 67815 529...... 68529 50...... 66051, 66061 703...... 65210 774 ...... 65662, 66000, 68370 132...... 62687 704...... 65210 806...... 65017, 66232 558...... 66914 1300...... 63603 285...... 68149, 68537 709...... 65210 Proposed Rules: 747...... 65210 740...... 63685 Proposed Rules: 32 CFR 4...... 65702 1261...... 62708 748...... 63685 199...... 65436 750...... 63685 50...... 68750 13 CFR 323...... 62699 762...... 63685 22 CFR 121...... 67972 33 CFR 16 CFR Proposed Rules: Proposed Rules: 27...... 68150 121 ...... 62710, 64026, 65040 313...... 62890 22...... 66076 100...... 62699, 68155 124 ...... 62710, 64026, 65040 1130...... 68668 62...... 68200, 68756 117 ...... 62700, 63610, 63612, Proposed Rules: 23 CFR 64613, 66236, 66238, 66916, 14 CFR 1422...... 67987 67974, 68155, 69027, 69028 23 ...... 63560, 63968, 66567, 650...... 68377 147...... 68155 17 CFR 68131 655...... 66730 151...... 66238 1...... 69004, 69279 25...... 65394 24 CFR 165 ...... 62700, 62703, 64613, 39 ...... 62689, 63063, 63284, 160...... 62890 65019, 65438, 65439, 65690, 63563, 63565, 63569, 63572, 229...... 68334 5...... 68924 68155, 68159, 68686 63574, 63576, 63578, 63581, 232...... 67812 908...... 68924 Proposed Rules: 63583, 63585, 63587, 63590, 239...... 68334 Proposed Rules: 100...... 69044 63592, 63595, 65396, 65398, 240...... 63832, 68334 30...... 66548 104...... 68208 65401, 65403, 65406, 65679, 243...... 63832 93...... 63938 105...... 68208 65682, 65684, 66034, 66039, 248...... 62890 3400...... 66548 117 ...... 63695, 64641, 65497 66040, 66042, 66045, 66227, 249...... 68334 26 CFR 160...... 68208 68132, 68135, 68499, 68501, 274...... 68334 165...... 69046 68505, 68508, 68510, 68512, 275...... 69009 1 ...... 66048, 67053, 67973, 334...... 68552 68515, 69247, 69249, 69252, Proposed Rules: 67974, 68149, 68530, 69021 69259, 69260, 69262, 69264, 190...... 66598 54...... 68149 34 CFR 69268 200...... 67144 301...... 66915 Ch. 2 ...... 65618 60...... 67972 230...... 68545 Proposed Rules: 71 ...... 63970, 63971, 63973, 232...... 67144 1 ...... 67010, 68208, 69043 36 CFR 63974, 63976, 65686, 65687, 240...... 63866, 67144 31...... 67010, 68208 219...... 67059

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251...... 68379 68557, 68758, 68759, 68762, 1...... 63702 171...... 68701 69049 32...... 68763 172...... 65696 37 CFR 53...... 64810 36...... 68763 192 ...... 63310, 63906, 69286 381...... 62705 55...... 67845 54...... 68763 195...... 63310 Proposed Rules: 58...... 64810, 69050 61...... 63702 225...... 65458 41...... 67987 63...... 63701, 66470 69...... 63702 240...... 68173 380...... 68214 70...... 68761 73 ...... 62733, 63336, 69059, 385...... 68703 382...... 66601 82...... 65719, 68558 69060 386...... 68703 156...... 68215 48 CFR 390...... 68703 38 CFR 261...... 64643, 66259 392...... 68703 Ch. 1...... 65598, 65615 9...... 62706 300...... 64658 393...... 68703 2...... 65599 14...... 67075 449...... 66082 396...... 68703 4...... 65600 17...... 63307, 69283 721...... 69320 565...... 67977 6...... 65614 571...... 63182, 68185 Proposed Rules: 41 CFR 7...... 65605 585...... 63182 3...... 65702, 67145 105–64...... 66245 8...... 65600, 65614 19...... 67149 11...... 65605 Proposed Rules: 20...... 67149 42 CFR 12...... 65605 105...... 68004 39...... 69304 405...... 65296 13...... 65600 107...... 68004 410...... 65449, 69502 171...... 68004 39 CFR 15...... 65614 411...... 65449 16...... 65600 173...... 68004 111...... 66241, 68538 414...... 65449 22...... 65599 174...... 68004 3020 ...... 65442, 66242, 67816 415...... 65449 26...... 65607 176...... 68004 Proposed Rules: 416...... 69502 31 ...... 65607, 65608, 65612 177...... 68004 111...... 66079, 69049 419...... 69502 32...... 65600 179...... 68004 3050...... 66082, 68556 423...... 65340 39...... 65605 565...... 66936 485...... 65449 52 ...... 65599, 65600, 65607, 571...... 68558 40 CFR 498...... 65449 65614 595...... 67156 Ch. I ...... 66496 Proposed Rules: 207...... 68699 1520...... 68774 51...... 65692 84...... 66935 225...... 68382, 68383 1554...... 68774 52 ...... 63066, 63309, 63993, 1001...... 68762 227...... 68699 63995, 65446, 65692, 66921, 231...... 68382 50 CFR 67077, 67819, 67821, 68541, 44 CFR 252...... 68383, 68384 68689, 68692 64...... 66580, 68697 501...... 66251 20...... 68386 60...... 66921 Proposed Rules: 511...... 66251 21...... 64638 61...... 66921 67...... 66602 552...... 66251 300 ...... 63999, 65036, 65460, 62...... 66921 802...... 64619, 66257 66585, 68190 63 ...... 63236, 63504, 63613, 46 CFR 804...... 64619, 66257 622...... 63673, 65038 69194 2...... 63617 808...... 64619, 66257 635...... 66585, 68709 70...... 68692 24...... 63617 809...... 64619, 66257 648 ...... 62706, 64011, 65039, 81...... 63995 30...... 63617 810...... 64619, 66257 67978, 68710, 69287 82...... 66412, 66450 70...... 63617 813...... 64619, 66257 660 ...... 65480, 67137, 67986 141...... 63069 90...... 63617 815...... 64619, 66257 665...... 65460 180 ...... 63070, 63074, 65021, 114...... 63617 817...... 64619, 66257 679 ...... 67138, 68713, 68715, 65029, 66574, 67082, 67088, 175...... 63617 819...... 64619, 66257 68717 67090, 67098, 67104, 67108, 188...... 63617 828...... 64619, 66257 Proposed Rules: 67114, 67119, 67124,67129, 535...... 65034 852...... 64619, 66257 17 ...... 63037, 63343, 63366, 67132, 67823, 68162, 68168 3009...... 66584 64930, 65045, 65056, 66260, 261...... 69028 47 CFR 3052...... 66584 66866, 66937 300...... 63616, 64615 0...... 68543 6101...... 66584 32...... 68968 450...... 62996 1...... 68543 Proposed Rules: 226...... 63080 Proposed Rules: 15...... 63079 552...... 63704 600...... 64042, 65724 9...... 66470 73 ...... 62706, 67827, 69035 570...... 63704 622...... 65500, 69322 50...... 64810 76...... 69285 635...... 63095, 68414 52 ...... 62717, 63080, 63697, Proposed Rules: 49 CFR 648 ...... 68015, 68564, 69382 65042, 66934, 67154, 67844, 0...... 63702 107...... 68701 679...... 63100, 65503

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Superintendent of Documents, H.J. Res. 62/P.L. 111–121 enacted public laws. To U.S. Government Printing Appointing the day for the subscribe, go to http:// LIST OF PUBLIC LAWS Office, Washington, DC 20402 convening of the second listserv.gsa.gov/archives/ (phone, 202–512–1808). The session of the One Hundred This is a continuing list of publaws-l.html text will also be made Eleventh Congress. (Dec. 22, public bills from the current available on the Internet from 2009; 123 Stat. 3479) session of Congress which Note: This service is strictly GPO Access at http:// S. 1472/P.L. 111–122 have become Federal laws. It for E-mail notification of new www.gpoaccess.gov/plaws/ Human Rights Enforcement may be used in conjunction laws. The text of laws is not with ‘‘P L U S’’ (Public Laws index.html. Some laws may Act of 2009 (Dec. 22, 2009; available through this service. Update Service) on 202–741– not yet be available. 123 Stat. 3480) 6043. This list is also Last List December 24, 2009 PENS cannot respond to H.R. 4165/P.L. 111–120 specific inquiries sent to this available online at http:// To extend through December www.archives.gov/federal- address. 31, 2010, the authority of the Public Laws Electronic register/laws.html. Secretary of the Army to Notification Service The text of laws is not accept and expend funds published in the Federal contributed by non-Federal (PENS) Register but may be ordered public entities to expedite the in ‘‘slip law’’ (individual processing of permits. (Dec. PENS is a free electronic mail pamphlet) form from the 22, 2009; 123 Stat. 3478) notification service of newly

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